HC stays transfer of govt. employee with special child

There is good news for parents of physically-challenged children, with the Bombay High Court recently staying the transfer of an employee of the Maharashtra Association for Cultivation of Science on the grounds that his child has 50 per cent permanent disability.

A division bench of Chief Justice Manjula Chellur and Justice M.S. Sonak was hearing a petition filed by Murlidhar Tukaram Gurav, a Class IV employee who joined service as a gardener before being promoted as an assistant, against the Maharashtra Association for Cultivation of Science, an autonomous body under the Department of Science and Technology, seeking intervention in his transfer order.

On June 6, 2014 the Department of Personnel and Training of the Ministry of Personnel, Public Grievances and Pensions sent a letter to Mr. Gurav transferring him from his present residence in Pune city to Hol village in Baramati taluka, Pune district, located 84 km away.

Mr. Gurav moved the HC stating he has a child with 50 per cent permanent disability (mentally challenged) and has a support system within the area of residence. He urged the court to exempt him from the routine exercise of transfer as he is the caregiver for his child. It was also brought to the notice of the court that not reporting at the place of posting has resulted in a departmental inquiry against him and a show cause notice has been issued to him.

By staying the transfer order and consequential action against him, the court held, “ Prima facie in support of the claim of the petitioner we stay the operation of the transfer order and also the consequential action taken by the department.” The court also directed the +Maharashtra Association for Cultivation of Science and others to file an affidavit on this, and adjourned the matter till December 20.

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