• Transfer policy for disabled Central Government Employee

I am working in autonomous body of Ministry of Electronics and information Technology as Grade A officer. I am suffering from 80% of vision impairment and was recruited under special recruitment drive for person with disability. At the time of filling an application I had given my first preference as Bangalore but instead I got placed in Pune. I have completed my probation period. Am i eligible to get transfer near to my hometown ? When I asked my reporting officer he denied saying there's so such transfer policy of transfer on request in our company as its autonomous organization. I had tried convincing him that I have severe disability and my father expired very recently after joining organization. I am the only child and all my relatives are there in bangalore which is near to my hometown Mangalore. No luck :-( Please guide me what could be done ?
Asked 4 years ago in Labour

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14 Answers

No. A-B 14017/41/90-Estt. (RR)

Government of India

Ministry of Personnel, Public Grievances & Pensions

(Department of Personnel & Training)

New Delhi the 10th May, 1990

OFFICE MEMORANDUM

Subject: Posting of Physically Handicapped Candidates.

The undersigned is directed to say that a suggestion has been made that physically handicapped candidates appointed under the Government should preferably be posted in their native places or at least in their native district. The matter has been examined carefully. It may not be possible or desirable to lay down that physically handicapped employees belonging to Group-A or Group-B who have all India transfer liability should be posted near their native places.

However, in the case of holders of Group-C or Group-D posts who have been recruited on regional basis and who are physically handicapped, such persons may be given posting, as far as possible, subject to administrative constraints, near their native places within the region.

2. Requests from physically handicapped employees for transfer to or near their native places may also be given preference.

3. Suitable instructions may also be issued to all subordinate units.

Sd/-

( J.S. MATHUR )

Joint Secretary to the Government of India

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

The Government has issued an order saying such employees should get preference in transfers, postings and accommodation to suit their needs.

2) As far as possible, the persons with disabilities may be exempted from the rotational transfer policy or transfer and be allowed to continue in the same job, where they would have achieved the desired performance, the Ministry said.

3) file application before CAT if you are not been given posting in Bangalore

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

An application before the central administrative tribunal can be filed for seeking direction for department to transfer you near your native place as there is DOPT memorandum which suggest that if there is post close to native place then in that case to a differently able person can be given transfer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) You can get transfer one should apply as per the Ministry of Electronics and information Technology site , under RTI clause.

See below address

http://meity.gov.in/content/transfer-policy-and-transfer-orders

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Transfer Policy for physically disabled persons in Govt

No. AB 14017/16/2002-Estt.(RR)

It is clarified that the guideline contained in para 2 of this Department’s O.M. dated 10.5.1990 that requests from physically handicapped employees for transfer to or near their native place may also be given preference, covers physically handicapped employees in Groups A,B,C and D.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Physically challenged govt employees to get preference in transfer, postings. Over 15,000 central government employees with disabilities may now have a reason to cheer. The Government has issued an order saying such employees should get preference in transfers, postings and accommodation to suit their needs.

As per OM No. No. AB 14017/16/2002-Estt.(RR) dated 13.3.2002 issued by Ministry of Personnel, Public Grievances & Pensions, Department of Personnel and Training;

It is clarified that the guideline contained in para 2 of this Department’s O.M. dated 10.5.1990 that requests from physically handicapped employees for transfer to or near their native place may also be given preference, covers physically handicapped employees in Groups A,B,C and D.

However, in the case of holders of Group-C or Group-D posts who have been recruited on regional basis and who are physically handicapped, such persons may be given posting, as far as possible, subject to administrative constraints, near their native places within the region.

2. Requests from physically handicapped employees for transfer to or near their native places may also be given preference.

3. Suitable instructions may also be issued to all subordinate units.

You make a written representation to the department concerned before initiating any legal action and await their reply.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

You please move an application to your Chairman through your Head of the Department narrating all the circumstances and conditions, he will definitely help you but on the other hand your have to go with the transfer policy of your department and T & C of the appointment.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Complaint to your senior official. Ask for the reasons in writing through RTI application. Then file writ petition in High court for the same.

Prashant Nayak
Advocate, Mumbai
27261 Answers
88 Consultations

4.4 on 5.0

Hi,

You may file the appropriate application to your higher authorities and ask for posting near home town. If that application is not entertained, you may approach to CAT or High Court.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

You can file a case in CAT but before that apply for the same and let them reject yoyr application.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

The DOPT rules will be applicable for the Central autonomous organisations also in this regard.

If your reporting officer says it otherwise,then you may demand him the governing rule or law in this regard.

You can make a representation in writing if you are aggrieved by any decision taken by the authority and found to be illegal or against the prevailing law.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

For that rules and the laws of the autonomous society has to be referred whether they to check they follow DOPT circular or not

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

These are suo moto not applicable to Autonomous Bodies, PSUs, Trusts or Banks which are governed by regulations/instructions issued by concerned administrative Ministry/ Department under Statue/Act of the Parliament by which they are created or came into existence.

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Hi,

However the autonomous body can make its own rules, but those rules may not be contradictory to rules of India and constitution.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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