The Bombay High Court has directed the Tata Memorial Hospital to pay retirement benefits to staff nurse Nisamma Thomas whose services were terminated in 2007 as she took frequent leaves after being diagnosed with chronic schizophrenia in 2005.
A division bench of Chief Justice Mohit Shah and Justice MS Sanklecha set aside her termination and directed the hospital to consider it as her voluntary retirement after serving as a staff nurse from 1987 to 2007.
The court asked the hospital authorities to pay the pension arrears in two installments. While two-third of the pension, along with dearness allowance, since June 14, 2007, the day she was sacked, till September 30, 2012, shall be paid by November 30, full pension from October 1, 2012, till November 30, 2013, shall be paid by December 31, 2013. “The pension from December 1, 2013, onwards shall be paid regularly,” said the court, adding that Rs1,64,030 paid by the hospital as per an earlier order shall be adjusted in future payments.
The court was hearing a petition filed by Thomas challenging the termination of her services in June 2007. The HC had asked hospital authorities to take a sympathetic view as Thomas was suffering from schizophrenia and hence was entitled to benefits under the provisions of the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
SK Talsania, counsel for the Tata Memorial Hospital, submitted that Thomas had taken 2,882 days of leave between 1989 and 2007. Records submitted by the hospital showed that Thomas had taken leaves on medical grounds from 1998 onwards.
Thomas’ advocate Saikumar Ramamurthy argued that the nature of petitioner’s duties in the hospital was partly responsible for her illness. Hence, the hospital was not justified in terminating her services.
The court observed that considering her illness, her entire service from March 28, 1987, till June 14, 2007, should be considered as qualified services for pension and other retirement benefits.
As she had filed the petition nearly five years after being sacked, the HC granted only two-third of the benefits for the intervening period.
Justice served
Tata Memorial Hospital had terminated the services of staff nurse Nisamma Thomas in 2007 as she took frequent leaves after being diagnosed with chronic schizophrenia in 2005. The court observed that considering her illness, her entire service should be considered as services for pension and retirement benefits.
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