TRANSFER OF HANDICAPPED EMPLOYEE
WORKING IN DENA GUJARAT GRAMIN BANK ITS HEAD OFFICE SITUATED AT GANDHINAGAR(GUJARAT).
I M ABOVE 55 YEAR OLD HANDICAPPEDEMPLOYEE(60%-DUE TO POLIO IN CHILDHOOD) AND NOW FACING PROBLEM IN WALKING EVEN IN MY DAILY PHYSICAL ACTIVIES AND SUFFERINFG FROM OSTEOPHYTES IN LUMBER AND CERVICAL DUE TO THAT MY BODY STIFFS REQUIRES PHYSIOTHERAPY REGULARLY INSPITE OF KNOWING ALL FACTS THE MANAGEMENT HARASSED ME AND TRANSFERRED ME THE PLACE WHICH IS 70KM
AWAY FROM MY HOME TOWN WHICH IS AGAINST THE TRANSFER POLICY LAID DOWN BY GOVT.INDIA FOR
HANDICAPPED EMPLOYEE.PL. GIVE ME JUSTICE AND ADVICE MY BANK MANAGEMENT TO POST ME NEAR BY
MY TOWN WHERE FIELD WORK ARE NOT INVOLVED.
Please need to check the service rules of your organization, as there should be some special rules to govern the disabled person. I hope your transfer is also not based upon any disciplinary grounds!
Aside, under the Rights of Persons with Disabilities Act, 2016, under section 20(2) Gujrat Gramin Bank being a Government establishment is ought to provide barrier free environment so that the person with disability can work suitably and freely.
Also, in case there is no policy on the transfer of disabled persons, may the transfer is biased and arbitrary. You may please approach through a Advocate's notice stating clearly why the order of your transfer need to be stayed, the problems/hardships you will face due to this transfer, how your productivity will get hampered and how far the transfer order is not 'barrier free' under section 20(2) read with section 2(c) of the Rights of Persons with Disabilities Act. You should also request the Gramin Bank to re-consider/review this transfer or to transfer near to your native; attaching all the relevant documents. As your case is not a common and has to be looked from a special angle.
In "V.K Bhasin Vs. State Bank of Patiala And Ors.", it was held that preference on the request to be given on the physically handicapped persons while their transferring. Hence a 'request' through the Advocate may be fruitful for the long run or to contest in future.