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KUMARESAN A Man of positive thoughts (CGE)     09 July 2009

TRANSFER OF PH EMPLOYEE

I am a physically disabled central government employee who is working in Chennai on deputation basis.  I actually belong to the cadre control of Nagaland office.  I joined in that office in the year 1995.  
While I was working in Nagalands office, that office did not permit me to come over to Chennai on unilateral transfer though I have been trying for my transfer since 1996.  Finally I could manage to come to Chennai on deputation basis, which is a temporary measure as one can be repatriated to his parent office at any time.  The headquarters office at New Delhi has also dispensed with all the cases of unilateral transfer since the year 1997.
Despite several years of continued strive for my transfer; finally I submitted a representation on 27.06.2008 based on the Honble Delhi High court Judgment (LPA 74/2005, Decided On: 03.08.2005, V.K. Bhasin Vs. State Bank of Patiala and Ors.).  The headquarters administration has not so far informed any action taken in this matter.  I also sent a reminder on 15.12.2008.
Now, I am thinking of taking up the matter with the Chief Commissioner for Persons with Disabilities of India.  At this point, my doubt is whether taking up this matter with the Commissioner will attract the provisions of Rule 20 of CCS (Conduct) Rules, 1964 which says government employees should not bring out side influence in service matters.  Moreover, if I apply through proper channel also the authorities may not forward it to the commissioner.
Anybody who is having vast knowledge in this filed may kindly enlighten me to do what should be my next course of action.

 



 2 Replies

Guest (Guest)     10 July 2009

(1) You can seek the progress of your application dated 27/06/2008 through 'Right to information' appliction; (2) You can highlight your grievances and seek appropriate departmental remedy through proper channel; (3) As per CCS rules, if you seek remedy through political/personal influences it will amount to 'misconduct', as an affected individual you can very well seek the guidelines as to what are the priviliges/protection extended to a Govt Servant who is 'differently abled' from the Chief Commissioner for Persons with Disabilities of India. Based on their reply you can formulate next course of action.

Meanwhile, (always preserve the copies of your presentations to the authorities with you), if you get transfer orders 'repatriating' you to your parent office, you can obtain stay order (by filing a writ at High Court) on the above grounds ie., 'application for permanent transfer pending with higher authorities'.

Have faith in the system, lately the Government offices are functioning somewhat transparently due to RTI.

KUMARESAN A Man of positive thoughts (CGE)     10 July 2009

Thank you very much I shall follow your advice.


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