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Transfer Of PH Central Govt. Employee

 
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A_kumaresan

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Joined: 21 Jan 2009
Posts: 35
Location: CHENNAI

PostPosted: Wed Jan 21, 2009 11:10 pm    Post subject: Transfer of PH Central Govt. Employee Reply with quote

I am a physically handicapped disabled central government employee who is working in Chennai on deputation basis.  I actually belong to the cadre control of Nagaland office.  I joined in that office in the year 1995.  
While I was working in Nagaland’s office, that office did not permit me to come over to Chennai on unilateral transfer though I have been trying for my transfer since 1996.  Finally I could manage to come to Chennai on deputation basis, which is a temporary measure as one can be repatriated to his parent office at any time.  The headquarters office at New Delhi has also dispensed with all the cases of unilateral transfer since the year 1997.
Despite several years of continued strive for my transfer; finally I submitted a representation on 27.06.2008 based on the Hon’ble Delhi High court Judgment (LPA 74/2005, Decided On: 03.08.2005, V.K. Bhasin Vs. State Bank of Patiala and Ors.).  The headquarters administration has not so far informed any action taken in this matter.  I also sent a reminder on 15.12.2008.
Now, I am thinking of taking up the matter with the Chief Commissioner for Persons with Disabilities of India.  At this point, my doubt is whether taking up this matter with the Commissioner will attract the provisions of Rule 20 of CCS (Conduct) Rules, 1964 which says government employees should not bring out side influence in service matters.  Moreover, if I apply through proper channel also the authorities may not forward it to the commissioner.
Anybody who is having vast knowledge in this field may kindly enlighten me to do what should be my next course of action.
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kodakkal

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Joined: 03 Jun 2007
Posts: 453
Location: SHIMOGA ; KARNATAKA STATE ; INDIA

PostPosted: Thu Jan 22, 2009 10:23 pm    Post subject: Disabled employee should not bounded for any liability as pe Reply with quote

Dear Kumaresan,

As you know disability act and disability policy does not permit any one to take action against disabled employee.  Also Chief Commissioner is bounded for duty to redress the grievance/discrimination faced by every disabled person irrespective whether he is govt.employee etc.  Any confidential matters could be handed by him for an amicable settlement between the management & employee.  Hence disabled employees free to contact the disability related offices, ngo,commissioners etc.  There is no harm in getting redressal from  at this stage.

Regarding government employees transfer related matter there will be a central government circular it reads that= disabled persons should not be transfered outside his home town even in a promotions.  The above circular could be seen in my social network's forum column at www.kodakkl.ning.com

with best wishes,

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx
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A_kumaresan

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Joined: 21 Jan 2009
Posts: 35
Location: CHENNAI

PostPosted: Sun Feb 01, 2009 5:15 pm    Post subject: PH Transfer Reply with quote

THANKS FOR YOUR KIND CLARIFICATIONS.
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kodakkal

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Joined: 03 Jun 2007
Posts: 453
Location: SHIMOGA ; KARNATAKA STATE ; INDIA

PostPosted: Sun Feb 01, 2009 5:28 pm    Post subject: Transfer & other matters Reply with quote

Dear Kumareshan,

Please note that disabled persons have a separate policy & acts, hence normal law & acts should not bound to disabled people.  Any how disabled people may be barrier free from any discriminations also.  If you have any discrimination and takes resolutions from legal corner, please post your grievances at legal aid cell of www.disabilityindia.org  .  And in my opinion legal aid cell should intervene the case by settling the matter amicable.

with best wishes,
KODAKKAL SHIVPRASAD

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx
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A_kumaresan

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Joined: 21 Jan 2009
Posts: 35
Location: CHENNAI

PostPosted: Sun Feb 01, 2009 5:36 pm    Post subject: PH transfer Reply with quote

Thanks again for your instant reply.
As there seems to be a positive sign of hope in a near future, I have decided to wait for some more time before taking any further action.  Thank you very much for your service to the under previledged people.
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kodakkal

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Joined: 03 Jun 2007
Posts: 453
Location: SHIMOGA ; KARNATAKA STATE ; INDIA

PostPosted: Sun Feb 01, 2009 7:03 pm    Post subject: Bounded to serve disabled people Reply with quote

Hello Kumaresh,

That's why we are bounded to serve disabled people, i am in service with disabled people since my childhood, during my childhood i lived with a blind man who is aged person too for about 5 years, inspite there have no any care takers at that time i.e. during 1969 to 1975.  It encourages me to serve disabled mostly to marry a disabled girl she is also crippled in both legs.  

Hope to be an encouragement to disabled community in near future.

with best wishes,
KODAKKAL SHIVAPRASAD

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx
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Alokguptag

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Joined: 24 Jun 2008
Posts: 8
Location: Bangalore

PostPosted: Tue Feb 03, 2009 4:01 pm    Post subject: Re: Transfer of PH Central Govt. Employee Reply with quote

I am a class- I officer in Deptt. of Space, and posted in Bangalore. My native place is in Roorkee/uttranchal. Can i ask my department to transfer me to some unit of DOS which is comparatively near to my Native place.
kindly suggest
thanks
alok
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kodakkal

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Joined: 03 Jun 2007
Posts: 453
Location: SHIMOGA ; KARNATAKA STATE ; INDIA

PostPosted: Tue Feb 03, 2009 8:51 pm    Post subject: Transfer & other matters Reply with quote

Dear Alok Gupta,

Please be touch with me for further consultation by my gmail id : kodakkalshivaprasad@gmail.com  so that i could settle the matter amicable after consulting with legal aid cell, new delhi and leading ngo who serving with disability for the past several years, please could refer their web page : www.disabilityindia.org

with best wishes,

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx
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A_kumaresan

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Joined: 21 Jan 2009
Posts: 35
Location: CHENNAI

PostPosted: Tue Sep 01, 2009 11:39 pm    Post subject: Transfer of PH Central Government Employee Reply with quote

It is my humble submission that the DOPT OMs for transfer of physically handicapped employees have not been strictly followed by the Government / PSUs etc..  These OMs can be seen at the website address of http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/estbrr5.5.3_2.htm.  Despite being existence of the above OMs, I have not been provided with transfer to my native place on the ground that there is no provision in the Recruitment Rules of the post concerned or the scheme of transfer is dispensed with etc….. etc…..   I request the people, involved in the process of amending Disability Act 1995, to suitably include the above OMs in the form of Sections of the Act so that this facility of transfer cannot be denied to the handicapped employees.

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LIVE AND LET LIVE
A KUMARESAN
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