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BS Gurm vs Ministry of Environment and Forests

Case No.:

2767/2003

Complainant:

Mr. B.S. Gurm

Respondent:

Ministry of Environment & Forests

Category of Complaint:

Transfer

Complaint:

Mr. B.S. Gurm, an orthopaedically handicapped person, filed a complaint before the Chief Commissioner for Persons with Disabilities under Section 59 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 for redressal of his grievance. Mr Gurm submitted that he acquired disability while he was on official duty on Government Motorcycle. Before his transfer to Guwahati ( Assam ), he was working as Asst. Director in Wildlife Preservation, Sub-Regional Office, Amritsar ( Punjab ). The respondent suddenly transferred him to Guwahati to accommodate another person at Amritsar who was promoted to the post of Assistant Director and was posted at Guwahati. The respondent transferred him to Guwahati in place of that person without considering his disability.

Judgment:

Respondent No.1 vide letter no. 8-4/2001-FE dated 20.10.2003 submitted that a view on the cancellation of the Orders for transfer of Shri B.S. Gurm from Amritsar to Guwahati has been taken and order for his transfer/posting to Sub-Regional Wildlife Office, Amritsar has been issued vide office order dated 20.10.2003.

Keeping in view the fact that the respondents have redressed the grievance of the complainant, the proceedings in this case are dropped with the advice to the respondent to regularize the period of his absence by granting leave due to him and treat him on duty with effect from the date he was declared fit to join the duties i.e. 09.09.2003.

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