Transfered my disabled mother from native region- court denied to cancel the transfer order- plz hel
Gandhi
(Querist) 18 January 2011
This query is : Resolved
18.01.2010
PUDUCHERRY
Respected Sir/ Madam,
I, S.Sandira, a disabled person having 40 to 50% hearing impairment, bring the following for your kind perusal for justice. I was sponsored by the Employment Exchange of Pondicherry for the General Category post of Library Attender in the year 1989. At that time, I had crossed the maximum age limit of 30 years (ie.,18-30 years age limit as per the Recruitment rules for the above post). On the basis of my being a physically handicapped candidate, I was given age relaxation as per the Govt of India guidelines.
Subsequently, I got selected and posted in the Women’s Polytechnic College, Pondicherry for the above said post in the year 1990. During my service I was promoted as Asst.Librarian and redesignated my designation as Librarian as per the AICTE guidelines.
In the UT of Pondicherry, there are five Polytechnic Colleges functioning under the control of Pondicherry Insitute of Post Matric and Techical Education (PIPMATE) Society, which is sponsored and funded by the Govt of Pondicherry and following the Govt. of Pondicherry Rules and Regulations from time to time for the staff working under this Society. Among the five Polytechnic colleges, two are located in Karaikal region which is situated in Tamilnadu State, One in Mahe region situated in Kerala State, and the other in Yanam region situated in Andhra Pradesh.
During the month of May 2010, I came to know that there is a proposal to transfer me from my hometown/Native Place ie. Pondicherry and I gave advance representation to The Member Secretary, PIPMATE, Pondicherry, through proper channel regarding my disability and inability to relocate from my Native Place/Hometown and also the exemption for disabled candidates from transfer, as per the Govt of India and Govt of Pondicherry Orders.The PIPMATE Society did not consider my representation and I was transfered to Dr.B.R Ambedkar Polytechnic College,Yanam region which is situated in Andhra Pradesh state on 3rd September 2010. After receiving the transfer order I submitted my second representation but the PIPMATE did not considere the same and I was relieved from Women’s Polytechic college,Pondicherry on 30th September 2010.
Since no action was taken on my two representations submitted to the Member Secretary, PIPMATE, Pondicherry, I approached the Madras High court for justice in this matter. The initial notice has been served by the Hon’ble High court Judge to the PIPMATE seeking the reason of transfer and the counter was filed by the PIPMATE. The only contention by the PIPMATE in the counter is that I was selected under the General Category and not under the PH category and in my service records also there is no record regarding my disability and that so far I had not received any Govt. benifits available for disabled persons. The same has been heard by the Hon’ble High Court and I was ordered to appear before the Medical Board to prove the same. Accordingly I appeared before th 3 members Medical Board constuited in the Govt General Hospital, Pondicherry. The Medical Board examined me and certified that I am a disabled person with Moderate Hearing impaiment with 40 to 50% disability.
The Hon’ble High Court during the day of judgement ie 07/01/2011 has agreed that I am a disabled person and questioned the relevance of my transfer to the nature of my disability. Hon’ble Judge has put forward a question as to why should not I travel and perform my duties, as I have only hearing impairment as disability and not such as locomotor and other disabilities. Hence the Hon’ble High Court dismissed my petition on the grounds that my being a hearing impaired person could perform the duties in the transfered area ie Yanam. However the judgement copy is yet to be received.
The Yanam region is located 1100 kms from my Native place/ Hometown and it is in the state of Andhra pradesh. The regional language of Yanam is Telugu. Since i am a Hearing Impaired Person it would be highly difficult for me to learn or understand the new language in my age of 51 years and it will lead to lot of difficulties to survive in that region alone. It would be difficult for me to communicate with others while performing my duties and day to day activities and it will ultimately affect my life..
Being in pondicherry I had the support of my husband who is working in Anglo French Textile, National Textile Corporation, Pondicherry as a Final Checker. He cannot relocate to Yanam as there is no suitable employment for him. This leaves me with no choice of support as my sons are also working in outstations. I will need a supporting person with me to travel to office and other places to perform my day to day activities in life.
Hence I request your good offices to help me in this regard and protect my rights as a disabled person.
Thanking you,
Yours faithfully
SANDIRA S
CONTACT DETAILS:
SANDIRA S,
No.63, II Cross,
Kurunji Nagar Ext,
Lawspet,Puducherry-605008.
Mobile:09894010233
Phone:04132252472
Email:vairamani.v@gamil.com
Ajay Bansal
(Expert) 18 January 2011
File a S.L.P.in S.C.
Guest
(Expert) 18 January 2011
The Yanam region is located 1100 kms from
In my view, on the following grounds a Revision Petition can be filed before the H.C. Bench
"my Native place/ Hometown and it is in the state of Andhra pradesh. The regional language of Yanam is Telugu. Since i am a Hearing Impaired Person it would be highly difficult for me to learn or understand the new language in my age of 51 years and it will lead to lot of difficulties to survive in that region alone. It would be difficult for me to communicate with others while performing my duties and day to day activities and it will ultimately affect my life.."
Try your luck, please.
Gandhi
(Querist) 18 January 2011
Dear sir.
first i would like to say sorry for giving rating.i dnt knw abt that just i clicked it came automatically to some number value.
Thanks for urs kind reply and valuable suggestion.
What is S.L.P sir?
H.M.Patnaik
(Expert) 20 January 2011
S.L.P. means a Special Leave Petition that is preferred before the Supreme Court of India challenging the order pased by by a state High Court.
Gandhi
(Querist) 20 January 2011
Thank u sir.
what is the difference in filling appel to two judge bench in the same high court and SLP in SC.
