Ram Prabhu 18 August 2018

far away posting of physically challenged person on promotion.

I'm working in a bank.

I'm a Physically Challenged person with 80% disability.

in June-2014 I got promoted from scale-2 to scale-3 and posted to 1200 KMs away from my place.

Bank said there was no vacancy nearby.

I got one year debarment from appearing promotion process and my increments were stopped as punishment for not accepting the promotion.

In July-2016 I got promoted again and working in Chennai.

Now Scale-3 to Scale-4 promotion process has come.

I am not eligible as per the new promotion date July-2016

I requested management to consider my notional promotion date as june-2014 and allow to appear in the current promotion process.

Bank declined my request.

NOW...

1. Can I file a case against my court consider my notional date of promotion as June-2014 and to order the bank to include me in the current promotion process?

2. Can I request the court to stop the promotion exam to be held on Sep-2018?

Please guide...

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2 Replies

Adv Deepak Joshi +917017821512 (Advocate) 18 August 2018

Dear querist,

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 by DOPT and following decision was taken vide Office Memorandum NO. A-B 14017/41/90-Estt (RR) dated 10.05.1990

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.

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

However, the representations made by various Group A and Group B Officers were later considered by Government and it was decided the same benefit extended to Group C and Group D physically challenged employees will also be applicable to Group A and Group B officers. This decision was communicated by DOPT in the office memorandum No: AB 14017/16/2002-Estt.(RR) 13.03.2002. The decision is as follows

It is further 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 places may also be given preference, covers physically handicapped employees in Groups A, B, C and D.

Circular is attached hope this could be some help for you.

Thanks and Regards

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Adv Deepak Joshi +917017821512 (Advocate) 18 August 2018

F. NO. 302/33/2/87-SCT(B)

Government of India, Ministry of Finance

' .

Deptt. of Economic Affairs (Banking Division) New Delhi, Dated 15.2.1988

All CES 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 vjew of their physical disc/jility 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-SCTI3) 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 physicallyhandicapped 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 api vacancy, ?\\ should be ensurea thai such es 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/-

(Y.P. Sethi)

Deputy Secretary to the Govt, of India

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