Please go through my case and tell wat should i do in this situation??
SAMRENDRA KUMAR SINGH
(Querist) 07 May 2013
This query is : Resolved
I am a physically handicapped person and suffering from “ Post – Traumatic Ankylosis ” of left hip , “ Coxa-vara ” of the right hip with bending & shortening of right shaft and “ Steel Plating ” with 63% disability.
I was appointed as Probationary Officer on 18th July, 2007, after being declared successful in written examination held on 26.11.2006 and subsequent interview, in the State Bank of India, Patna Circle under physically handicapped (PH) category with 63% disability.
After successful completion of his two years probation period, was posted first time on 09.11.2009 as Relationship Manager- Personal Banking (RMPB) at State Bank of India, Ashok Nagar Branch, Ranchi. On 27th April, 2012 I was transferred to Another Branch as Relationship Manager-Small Enterprises (RM-SE) and was directed to report to Branch Manager, SME RIE Kokar Branch, Ranchi.
After being transferred from State Bank of India, Ashok Nagar, Ranchi submitted joining letter through bearer at other Branch and made representation to the Branch Manager, of the Branch, praying therein that I am a physically challenged person and it is quite difficult for me to climb up stairs and requested her to accept his joining which is being sent through bearer.
on 18th July, 2012 made a representation to the Regional Manager, of our REgion requesting therein that i am suffering from “Post – Traumatic Ankylosis” or left hip “Coxa-vara” of the right hip, with Bending & shortening of right shaft and “Steel Plating” with 63% disability leading to restricted movement and finding difficulty in climbing up stairs. In his representation, I requested respondent him that the new Branch is situated up stairs and assignment of RMSE requires a lot of movement and requested that my case may be considered sympathetically and assignment and branch allotted to me may be changed in suitablity to my physical disability as.
On 29th Sept.2012 the I was promoted to MMGS-II scale. The Deputy General Manager, SBI, Ranchi without paying any heed to requests earlier made by me for change of Branch and assignment, allotted Region – III, Daltonganj for my eventual posting and also took decision for relieving me on 19th January, 2013.
On 13th January, 2013 again made representation to Deputy General Manager, State Bank of India, Ranchi Module through proper channel stating therein that his appointment was made on PH category and I am suffering from “Post – Traumatic Ankylosis” or left hip “Coxa-vara” of the right hip, with Bending & shortening of right shaft and “Steel Plating” with 63% disability. In my representation I requested the Deputy General Manager that earlier I had made a written request on 18th July, 2012 to the Regional Manager, Ranchi for reconsideration and change of my assignment. I also apprised Deputy General Manager that despite of my physical disability I was doing my best, and during the performance of my duties even I met with an accident and was in bed rest for 1 week in July 2012 and for 1 month in Sept.2012, on the advice of the attending doctor. In my representation I stated that, on 29th Sept. 2012 I have been promoted to MMGS-II scale and have been allotted Region – III for my eventual posting and likely to be relieved on 19th Jan. 2013 as informed by the Regional Office, RBO-I, Ranchi. I requested the Deputy General Manager to reconsider the allotment of Region III and accommodate me in Region I taking into consideration my problems. I also informed the Deputy General Manager in my representation that my wife who is also a State Bank Officer was transferred inter circle in the month of April, 2012 from Other State on spouse ground out of turn basis. I also informed that she is undergoing advance stage of pregnancy.
The Regional Manager RBO I, Ranchi on dated 04.02.2013 informed Branch Manager, State Bank of India, of my present Branch that competent authority has decided to transfer my services under administrative control of RBO III, Daltonganj and requested him to make arrangement to relieve me on 09.02.2013 with instruction to report Regional Manager, RBO III, Daltonganj for my eventually posting.
The chief Manager SBI, present Branch vide letter dated-23.02.2013 informed me that competent authority has decided to transfer my services to Administrative Office RBO-III, Daltonganj and relieved me with effect from 23rd Feb. 2013 , to report RBO III, Daltonganj for eventual posting.
I was on medical leave and on 07th March, 2013 only received aforesaid letter dated 23rd Feb 2023 through his landlord, which was delivered on 28th Feb 2013 by Special Branch Messenger to my landlord. A copy of the said letter was also sent to me on 07th March, 2013 by Registered Post at his parental address at Dhanbad.
on 22nd Feb. 2013 made application to Branch Manager, present Branch, Ranchi stating therein to sanction sick leave for 2 weeks from today i.e. 22.02.2013 to 09.03.2013, as he has been advised to take bed rest.
on 08th March, 2013 again I filed application for grant of leave for the period 10th March, 2013 to 10th April, 2013 to the Chief Manager SBI present Branch Ranchi with copy to Regional Manager-RBO-III, SBI, Daltonganj, on health ground annexing medical prescription. I on 09th April, 2013 again made application to Chief Manager, present Branch, Ranchi with copy to Regional Manager-RBO-III, SBI, Daltonganj, for extension of leave from 11.04.2013 to 11.05.2013 on health ground.
I made complaint before the Chief Commissioner for Persons with Disabilities, Sarojini House, New Delhi, U/S 58 of “The Persons with Disabilities (Equal Opportunities, protection of Rights and full Participation) Act, 1995” against the BAnk Officials, stating therein his grievances and requested him to consider his case and pass appropriate direction in this regard.
The Deputy Chief Commissioner vide his letter dated 12th March, 2013 advised General Manager, State Bank of India, Network – 2, Local Head Office, West Gandhi Maidan, Patna to consider representation of the petitioner in light of guidelines of Ministry of Finance, Department of Economic Affairs (Bank Division) letter no. 302/33/2/87-SCT(B) dated 15.02.1988.
I also made representation to The State Disability Commissioner-Jharkhand , Ranchi U/S 61 of “ The Persons with Disabilities (Equal Opportunities, protection of Rights and full Participation)Act,1995”, stating therein his grievances.
The State Disability Commissioner, Jharkhand , Ranchi, vide her letter dated 21.03.2013 & 27.04.2013 has directed the Deputy General Manager, SBI, Katchehary Road, Ranchi to ensure transfer of the petitioner as per the provision of Disability act, 1995.
The Deputy General Manager (B&O) vide letter dated 2nd April 2013 informed me that the competent authority has decided for re-examination of my medical fitness and advised me to appear at the chamber of Sr. Bank Medical Officer on 08.04.2013.
On 06.04.2013 I made representation to Manager (HR), State Bank of India, Administrative Office, Katchehary Road, Ranchi stating therein that I was recently examined for my medical fitness on 18th Dec. 2012 on my promotion from Scale – I to Scale – II. I in my representation stated that no reason has been assigned for medical re-examination. I requested Manager (HR) that the reason for re-examination and the parameters of examination may be advised to me and copy of Medical re-examination report may be provided for my record.
On 09.04.2013, Sr. Bank Medical Officer, State Bank of India vide his letter dated 09.04.2013 requested the Civil Surgeon-cum-Chief Medical Officer, Sadar Hospital, Ranchi that I should be re-examined with reference to my physical disability by a duly constituted medical board as per the norms and also give valuable opinion regarding my disability.
Accordingly, the petitioner was re-examined on 11th April, 2013 by duly constituted Medical Board at Sadar Hospital, Ranchi and petitioner was found with 63% physical disability .
Instead of posting me as per the guidelines of Ministry of Finance, Department of Economic Affairs (Banking Division), letter no. 302/33/2/87-SCT (B) dated 15.02.1988 as well as the guidelines issued by Govt. of India, Ministry of Personnel, Public Grievances and Pensions (Deptt. of Personnel & Training) letter no. 28034/9/2009-Estt. (A) dated 30.09.2009, the Bank Officials, illegally transferred my services to RBO III, Daltonganj and also stopped my salary from 1st April 2013 and other regular allowances from 1st March 2013.
Without passing any orders with respect to leave application submitted by me they have declared the period from 01.04.2013 to 11.05.2013 as unauthorized leave and extended the same till 25.12.2015.
I am also not being allowed to fill his annual appraisal report online, which is very important for further promotions, as the same has been blocked.
As per letter contained in Ministry of Finance, Department of Economic Affairs (Banking Division), letter no. 302/33/2/87-SCT(B) dated 15.02.1988 provides :
“Physically handicapped persons who are employed in public sector banks in all cadres should normally be exempted from routine periodic transfers. Such persons should not be transferred even on promotion if a vacancy exists in the same branch /office / town/city. If the transfer of a physically handicapped employee becomes evitable 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 such cases are not transferred to far off /remote places”.
The Bank Officials have considered request for change of transfer order made by other employees, who were similarly placed to the petitioner in MMGS-II scale and also accommodated them but has not acceded to the request made by petitioner despite being well aware that the petitioner is handicapped person with 63% disability and entitled to be considered as per Government of India guidelines as above.
The decision of the Bank to transfer myservices to RBO III , Daltonganj is also bad in law as they are also duty bound to consider the guidelines of Govt. of India, Ministry of Personnel, Public Grievances and Pensions (Deptt. of Personnel & Training) letter no. 28034/9/2009-Estt. (A) dated 30.09.2009, and post Husband and wife at the same station, when both partners are working in the same PSU Bank, in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age.
The action of the BAnk whereby they have declared period from 01.04.2013 to 11.05.2015 and extended till 25.12.2015 as unauthorized leave without passing any order with respect to the leave application filed by me speaks of malafide and same is illegally, arbitrary and against the well settled principles of law.
The action of the Bank of withholding salary and other allowances payable to me, though I have applied for leave through proper channel is illegal and arbitrary and against settled principles of law.
That Bank Officials are also not allowing me to mark annual appraisal report online which speaks of malafide and same is illegal, arbitrary.
Sudhir Kumar, Advocate
(Expert) 07 May 2013
you have elaborated the facts very well.
Please elaborate how/why you are absent in advance from 01.04.2013 to 11.05.2015 and extended till 25.12.2015
R.K Nanda
(Expert) 07 May 2013
consult local lawyer.
Raj Kumar Makkad
(Expert) 07 May 2013
Engage a local lawyer in the given case and prepare the reply to the notice effectively.
Raj Kumar Makkad
(Expert) 08 May 2013
It seems there is some discrepancy with regard to dates last mentioned.
SAMRENDRA KUMAR SINGH
(Querist) 08 May 2013
@ Raj Kumar MAkkad- SIr there is no discrepency in the dates mentioned.. They have actually marked me as on unauthorised leave till 25.12.2015 in anticipation for reason well known to the BAnk officials.
SAMRENDRA KUMAR SINGH
(Querist) 08 May 2013
@ Sudhir Kumar- Sir I have properly applied for leave till 11.05.2013, but inspite of sanctioning the same BAnk official have marked my leave as unauthorised from 01.04.2013 till 25.12.2015.
SAMRENDRA KUMAR SINGH
(Querist) 15 February 2014
I had moved to the Jharkhand High court in a Writ petition against the Bank for seeking relief which was ordered in matter of WPS 5695 of 2013 on date 17 JAn 2014.
