Disabled in mishap, left poorer by BMC, a fireman fights

Nikam joined service as an assistant station officer in 1988. He was promoted as assistant divisional fire officer in 2005. Unfortunately, he met with an accident in 2008 after a tree fell on him in Mazgaon while he was on short leave. His left leg had to be amputated and his backbone had injuries.

[related-post]

Nikam’s lawyer, Jamshed Mistry, meanwhile, pointed out that while he had been taken back into service after his accident, which left him disabled, he was taken at a lower post and after several deductions in the salary.

The court has now asked the the Bhrihanmumbai Municipal Corporation, his employer, to file a further compliance affidavit in his matter by June 15, 2015, with a final hearing reserved.

“The petitioner is being paid under an eight-hour system while there is no such system. There is only a 24 hour system,” Mistry informed the court. The advocate appearing for BMC on Monday sought additional time.

Nikam, who is usually accompanied by a family member, had his daughter accompany him on Monday. He is presently an assistant divisional dire officer at Mumbai Fire Brigade, Byculla.

“The petitioner was allowed to resume duties but he was not conferred upon the pay scale and facilities and service benefits as available under 24 hour duty system. He was not even allowed to sign the muster roll of officers. He was further humiliated by withdrawing his cabin and forcing him to sit with general clerical staff,” his petition reads. “The petitioner on obtaining fitness certificate, immediately reported for joining duty where is he was informed that he cannot join without necessary permission from administration,” it adds.

The commissioner then issued the permission to assign him work under 24 hour duty system in September 2009. “These orders were not followed. I then had to seek directions from the commissioner’s office again,” he added.

Finally while he was allowed to join work he was not conferred with several benefits under the 24 hour system. “I made several representation to higher authorities citing provisions of the Persons with Disabilities Act under which a persons cannot be deprived of service benefits or promotion on the ground of disability,” he added.

Nikam filed a petition in the Handicap Welfare Commissionerate to further his case. “The competent authority directed the BMC and the chief fire officer to take decisions on the demands raised by the petitioner within 60 days,” his petition states. The chief fire officer did not pay any heed to the orders issued by the municipal commissioner or that of the commission. Now, he seeks justice at the High Court.

ruhi.bhasin@expressindia.com