My transfer to a far off place guwahati in canara bank against the govt. guidelines for pwd
Ashok Kumar Adhikary
(Querist) 21 March 2014
This query is : Resolved
Dear EXPERTS,
As per advice of the experts I had filed a Writ Petition in the Honourable High Court of Odisha.
Please find the Order and Bank’s decision enumerated here below:
ORDER Of the Honourable High Court of Odisha Dated 05.02.2013
The learned counsel appearing for the petitioner submitted that the government of India, Ministry of Finance has issued a circular as follows:
F. NO.302/33/2/87-SCT(A)
Government of India.
Ministry of Finance
Deptt. Of Economic Affairs
(Banking Division)
New Delhi, Dated 15.2.1988
All Chief Executives of Public Sector Banks And Financial Institutions RBI/NABARD .
SUB : Posting/Transfer of Physically Handicapped employed in public sector banks/financial institutions.
Sir,
Representations have been received that in view of their physical disability bank employees who are physically handicapped may be exempted from routine periodical transfers from places of their original postings/appointment. Earlier the Government had issued instructions vide letter No. 302/33/2/87-SCT(B) dated 31st August,1987 that BSRBs should endeavour as far as possible to allot the selected physically handicapped candidates to banks having branches located in or near their home town or village. The question of their posting/transfer has also been considered in the same context and it has been decided that subject to the administrative exigencies, the physically handicapped persons employed in public sector banks in all cadres should normally be exempted from the routine periodical transfers. It has been decided that such persons should not normally be transferred even on promotion if a vacancy exists in the same branch/office, town/city. When the transfer of a physically handicapped employee becomes inevitable on promotion to a place other than his original place of appointment due to non-availability of vacancy, it should be ensured that such employees are kept nearest to their original place of posting and in any case are not transferred to far off/remote places.
This concession would not be available to such of the physically handicapped employees of the banks who are transferred on grounds of disciplinary action or are involved in fraudulent transactions, etc.
The receipt of this letter may be acknowledged.
Yours faithfully,
Sd/-
(V.P. Sethi)
Deputy Secretary to the Govt. of India.
He further submitted that though the petitioner has filed a representation before the Chairman and Managing Director – opposite party on dated 27.10.2014 highlighting all his grievance, no action has been taken as yet.
REPRODUCING THE REPRESENTATION DATED 27.10.2013
From
Sri Ashok Kumar Adhikary (64857), Manager Designate
ATM Cell, CO Bhubaneswar
Residence:Flat No C/303, Block 2
Sri Jagannath Enclave, Damana,Chandrasekharpur
Bhubaneswar-751016
To
The Chairman and Managing Director
Canara Bank, P M Section
H.O. Bangalore 560002
Sir,
SUB: Retention at Bhubaneswar on my promotion in the light of order of the Honourable Deputy Chief Commissioner for Persons With Disabilities dated 24.10.2013, Case No 562/1022/2013 (copy enclosed)
With due regards I would like to inform that I have been promoted to Scale II during Canara Bank’s promotion process in Sep/Oct 2013. Accordingly I was forcefully relieved on transfer to Guwahati Circle on 21.10.2013 despite my request for retention at Bhubaneswar in view of my physical disabilities. In the meantime, since the bank turned down my request, I had appealed the Honourable Chief Commissioner for Persons with Disabilities, New Delhi for my retention at Bhubaneswar and they have favourably considered my case and issued necessary order to your august office for necessary action vide their letter no Case 562/1022/2013 dated 24.10.2013.
I have already produced/shown above orders of the Chief Commissioner and legal provisions , copy of DOPT and Finance Ministry Notifications to Deputy General Manager, CO Bhubaneswar and repeatedly requested him to consider my request for retention at Bhubaneswar. I have produced my disability certificate to the bank way back in 2006 and also bank is allowing me income tax rebates/relief/exemption as per provision of Income Tax Law. Despite that DGM CO Bhubaneswar has not considered my request for retention at Bhubaneswar, but has considered the request of another promotee manager Mrs Neeta Ojha. It is also to place on record that during regular promotion 2013, several managers/senior managers have been retained in the same seat without transfer.(e.g.Senior Manager, HRM Section, CO Bhubaneswar and many others). This is discrimination on the part of the Deputy General Manager, CO Bhubaneswar.
PRAYER:
Since my transfer order compels me to report at CO Guwahati by 28.10.2013, I am proceeding to Guwahati under duress complying with bank’s order despite inconvenience arising out of my physical disability with fond hope that my transfer will be reversed to Bhubaneswar at the earliest.
Thanking you.
Yours faithfully,
E-mail:ashok.adhikary71@rediffmail.com
Bhubaneswar
Date-27.10.2013 (Sunday)
In view of the above, this Court disposes of the present Writ PETITION directing the Chairman and Managing Director – opposite party to consider the representation filed by the petitioner on dated 27.10.2014 in terms of the Government of India Circular dated 15.02.1988 issued by Ministry of Finance and pass necessary orders, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of this order.
SD/-
JUSTICE SANJU PANDA
Now Chairman and Managing Director of Canara Bank Passed the following Order dated 05.03.2014
“As per the directions of the Honorable High Court of Odisha dated 05.02.2014, I have examined the representation of Sri A K Adhikary. It is a fact that Sri Adhikary has already joined Guwahati Circle on 28.10.2013 and remained unauthorizedly absent thereafter. The Court of Commissioner for Disability, Government of India has also heard his case and directed him to resume duty at Guwahati Circle. However, it is noted that he has not resumed duty. Since, his promotion is under Special Promotion Scheme and all India transfer was one of the stipulations his case lacks merit. However, his case may be considered empathetically during the next general transfer, if he applies for any posting under Bhubaneswar Circle.”
ORDER OF THE CHIEF COMMISSIONER FOR DISABILITY DT 11.02.2014 AS FOLLOWS:
This court is of the view that the complainant should resume active duty with immediate effect and on assumption of such active duty by the complainant, the respondent should actively examine and consider the complainant’s case afresh keeping in mind the relevant guidelines and hardship, if any, faced by the complainant.
The matter stands disposed off accordingly.
Now my query is can I go for filing a contempt in the High Court of Odisha ?
Is it maintainable in the Same Court ?
Should I file another Writ Petition challenging CMD’s order in High Court ?
Should I file Writ in Guwahati High Court ?
Please advise me the legal options available to me. Bank has stopped my salary since January 2014 without any information or explanation to resume duty earlier.
Guest
(Expert) 21 March 2014
Your case may need your personal consultant with a service laws expert.
R.K Nanda
(Expert) 21 March 2014
consult local lawyer.
Rajendra K Goyal
(Expert) 21 March 2014
Repeated query:
http://www.lawyersclubindia.com/experts/My-transfer-to-a-far-off-place-guwahati-in-canara-bank-against-the-govt-guidelines-for-pwd-460926.asp#.UyxZAIVRx3A
ajay sethi
(Expert) 21 March 2014
repeated query no reply
