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APPREHENSION OF FUTURE AILMENT – NOT A VALID GROUND TO REFUSE EMPLOYMENT

CASE

Union of India and Ors. vs. Nenavath Suresh (31.08.2018 – HYHC): MANU/AP/0425/2018

RATIO

Mere apprehension about future medical complications cannot be a ground for regarding a candidate as unfit for present employment.

BREIF FACTS OF THE CASE

  • The respondent applied for the position of Work Assistant in the Department of Atomic Energy, Government of India;
  • He was appointed in ad hoc service to a position of Work Assistant which was reserved to Scheduled Tribes;
  • Beyond 89 days of ad-hoc service, he was offered Appointment Letter confirming his appointment, subject to medical fitness;
  • Based on his medical fitness report, which highlighted morbid obesity and uncontrolled hypertension, it was observed that he was not medically fit for candidature and hence could not be employed;
  • Aggrieved by such an order, the Respondent approached the Central Administrative Tribunal, Hyderabad Bench;
  • Tribunal observed that a candidate could not be declared unfit for a particular post without clinical examination and a consequential declaration that he could not perform the duties and responsibilities attached to the concerned post.
  • The Hon’ble High Court on being approached by the petitioner, reiterated the findings of the Tribunal.

SUMMARY OF JUDGEMENT

Employer cannot reject employment in the following conditions:

  • that any person suffered from a disease or disorder or taking into account his disease/disorder; or
  • on the mere apprehension that he may develop complications in future, rendering him unfit for the post at that time;

In case employment is rejected on these grounds, there has to be clear findings of relevant medical examinations suggesting that he could not perform the duties and responsibilities attached to the post at the present.

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