Annual Report 1999-2000
the District Collector for assistance and employment. Although the District Collector had
arranged for his operation free of cost at a private hospital, the operation was not
successful, and even after four to five years, he was not cured. He alleged that instead
of being provided with a tricycle the operation had been suggested to him. The then
District Collector also provided him with assistance at the rate of Rs. 2,000/- per month,
and this continued until such time as that Collector was in office. The Collector also
passed an order for his appointment as an Assistant Teacher. However, this did not
materialise. He, therefore, sought compensation of Rs. 50 lakhs for violation of his
Fundamental Rights, treatment of his heart ailment, management of his disability and
employment as an Assistant Teacher..
Though the Commission does not normally take action on petitions which relate
essentially to service matters, in this case, the Commission issued a notice to the Collector
and called for a report, as the petitioner was a disabled person. The Collector responded
saying that the complainant was affected by polio when he was one-and-a-half years old,
and that both his feet were deformed. The opinion of orthopaedic doctors had been
sought, and they had certified that the complainant would have to move on his hands and
knees, in a crawling position, unless he was operated upon. Accordingly, he was operated
upon in 1988, and his limb deformity ^vas corrected to a large extent In five months time,
he was fitted with calipers and a walking frame to help him stand erect. The Colleaor also
stated that the complainant was entitled to be considered for a job under the quota for
persons with disabilities. According to the Collector, the complainant had tried to obtain
a certificate of complete recovery to enable him to get the Job of an Assistant Teacher, but
was advised to obtain a disability certificate frnm the competent authority. The petitioner
apparently made the complaint as he was aggrieved by this advice.
The report of tlie Collector ^vas sent to the complainant for his comments. However,
the petitioner stood by his complaint and stated that the operation, that had been
performed was not successful, and his defect had not been cured even after four years.
The complainant claimed Rs. 20 lakhs as compensation for mental and physical torture
he had undergone, and Rs. 30 lakhs for protection of his rights and for his living.
The Commission considered the matter carefully and expressed appreciation of the
action taken by the District Collector. The question whether the condition of the
petitioner had worsened after the operation, as claimed by him, was not probed further.
However, the Commission felt that the State Government, in a Welfare State, should help
alleviate the suffering of such disabled persons. Accordingly, the following
recommendations were made by the Commission to the State of Madhya Pradesh:
a. To grant ex-gratia monetary relief to the tune of Rs. 1 lakh to the petitioner, either
from the fund established by the State Government for the welfare of handicapped
persons, or from the Chief Minister's Relief Fund.
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