To ensure that education of an adolescent girl does not get hampered due to the sudden transfer of her handicapped father, the office of the Chief Commissioner for Persons with Disabilities (CCPD) has directed the Bureau of Indian Standards (BIS) to not transfer its Chennai-based senior scientist, a locomotor disabled, to Mumbai till his ward completes her Class 12th exams next year.
Court Commissioner Upma Srivastava in her order issued on June 28, 2022 also warned the BIS that failing to comply with its court order will result in referring the case to Parliament. The Office of the CCPD was set up under Section 57 of The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act, 1995, passed by Parliament.
The BIS is a statutory body working under the aegis of the Union Ministry of Consumer Affairs, Food and Public distribution. The Court has been constituted following the Parliament
Suffering with locomotor disability, complainant Balakrishnan, E-grade Scientist with the BIS had approached the Court against the ‘sudden transfer’ order by the BIS, stating that the move would cause him hardship as his daughter was at the prime phase of her education career.
As his daughter is in Class 12th, he wants to remain in Chennai or can be shifted nearer to his hometown, the senior scientist, a single parent, said, adding that his 93-year-old father is also totally dependent on him, said the complainant. In response, Sachidananda Kumar, Scientist C, Deputy Director on behalf of the BIS had submitted that the decision for transfer of the complainant along with 85 other officers was taken by the placement committee constituted by the competent authority of the Bureau.
“Transfer of the complainant was affected during the annual rotational transfer exercise only, considering the volume of work being dealt by the Bureau which has increased manifold and optimum utilization of manpower being the primary requirement,” he added.
Kumar also submitted that the complainant has been posted at his hometown or near his hometown almost throughout his entire career with the Bureau till date after considering his physical condition.
To this, Balakrishnan argued that his is “not in the sensitive post…. As per transfer policy, he is not due for transfer as his daughter is studying in 12th Class.”
However, disposing off the case in favour of Balakrishnan, the Court said the “respondent (BIS) shall also file the Implementation report of this recommendation order within 3 months of the date of this recommendation failing which, this Court shall presume that the respondent has not implemented this Recommendation and the matter shall be reported to the Parliament.”