Dear All, I am happy to inform you that the judiciary has once again expressed its deep concern for promotion and protection of rights of persons with disaiblity.
please refer below reproduced news covered in times of India with regard to reverse an undue transfer of a visually challenged professors. with regards, Gautam Agarwal Court reverses undue transfer of blind professor Tue, 09/16/2014 - A vindictive transfer of a 100% visually impaired professor of English, from a college close to his home to one 18km away by the Puducherry higher education department, was flayed by the Madras high court which said the authorities had acted in an insensitive manner. Dr D Ramkumar, a doctorate degree-holder in English, is a 100% visually challenged person working as head of the department of English in Kasthurba College for Women in Villianur, Puducherry since his appointment in February 2009. The government-controlled Pondicherry Society for Higher Education administers six colleges including this institution, which is located about 9km from Dr Ramkumar's home. In 2013, he was transferred to Rajiv Gandhi Arts and Science College in Thavalakuppam, Puducherry, on the ground that only women faculty members were preferred at Kasthurba college. Though authorities cited administrative reasons for the transfer, Ramkumar said he was being targeted because they were underwrong the impression that he was behind a sexual harassment complaint lodged by a woman lecturer recently. appeal to authorities was dismissed, and a single judge of the high court too upheld the transfer saying the transfer was an incidence of service. Reversing the single judge order and slamming the higher education department authorities for their attitude, a division bench of Justice N Paul Vasanthakumar and Justice K Ravichandrabaabu said: "There is no dispute regarding the power of the authority to transfer an officer from one college to another college on administrative exigency. However, having regard to the state award conferred on Ramkumar, it is beyond doubt that he is an asset to the women's college. It is not in dispute that other male lecturers are allowed to serve in the college even as on date. Thus, there is no justification to argue that it being a women's college, Ramkumar has no right to continue there and that he is to be necessarily transferred a college 18km away from his residence." Citing provisions of Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995 and central government circulars concerning disabled employees, the judges held that there was a statutory violation committed by higher education department while transferring Ramkumar from a college where he was serving in a safe manner to another college 18km away from his residence. They then set aside both the transfer order and the single judge verdict upholding the transfer order. Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/accessindia@accessindia.org.in/ To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
