Please need urgent advice

prateekkkk (Querist) 27 February 2013 This query is : Resolved
respected members,please advice me on my case:
i am working in a govt office... i have 40 % disability... my office has promoted me and given me posting outside delhi...
I have read the DOPD rules according to which a handicpped person can be given preference and should post near its NATIVE PLACE... my native place is delhi and their is vacancy available in delhi....
I have also approached to a commision for person with diabilites... but the decision not favour me due to some misinterpretation given by my office in hearing...
further i approached CAT...CAT admit my application and set date for hearing...on hearing date CAT during hearing called me and see my disability that i have partial loss of hand function that lead to 40 per cent disability..and dissmised my application within minutes without arguments...there were no arguments happen between my and other advocates..
i dont understand that without listenig properly merely on the basis of nature of disability my apllication dissmissed..they dont see other facts like vacancy available, no transfer policy, e.t.c.
also in DOPT norms nothing has been specified about nature of disability.
please advice me now how to i proceed further... whether i made a review or move to high court??what should be my further couse of action??

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ajay sethi (Expert) 27 February 2013
CAT must have passed a reasoned order . it is necessary to go through the order to advise .

you have already lost 2 court battles . you have been promoted . advoisable to join at place wherein you have been posted

Guest (Expert) 27 February 2013
If Government servant is physically handicapped or disabled, for the purpose of benefits in service, the question is not of listening or argument in the CAT, but production of proof in the shape of a medical certificate granted by a competent doctor of some District Government hospital.

Raj Kumar Makkad (Expert) 28 February 2013
You should join at new place as advised by department under protest and then move to high court if you think rules are available in your favour.

M V Gupta (Expert) 03 March 2013
The fact that at two levels ur case had been rejected shows that u have no case. However if u feel that u have a case, u should as advised by Mr. Makkad report for duty at new place under protest, so that u would not face the problem of u being regarded as unauthorizedly absent or disobedient to the transfer orders issued to you. You should thereafter continue ur efforts to fight ur case in the appellate court or tribunal.

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