The court pulled up the authorities for acting in an insensitive and vindictive manner against him
Picture for representational purpose
Chennai: Setting aside the transfer order of a 100 per cent visually impaired English professor by the Puducherry government from a college close to his residence to another college 18-km away from his house and the order of a single judge of the Madras High court upholding the transfer order, the court pulled up the authorities for acting in an insensitive and vindictive manner against him.
A division bench, comprising justices N. Paul Vasanthakumar and K. Ravichandrabaabu, said in a welfare state, persons vested with responsibilities are bound to protect the welfare of physically challenged persons, as they got disability by birth or by some accident and the said duty is recognised not only by Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995, but also as human rights.
The case pertains to Dr D. Ramkumar, a 100 per cent visually challenged person, working as head of the department of English in Kasthurba College for Women in Villianur, Puducherry, since his appointment in 2009.
The government-controlled Pondicherry Society for Higher Education administers six colleges including this one located about 9 km from his 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.
Ramkumar’s counsel N.G.R. Prasad submitted that Ramkumar was targeted as they were under the wrong impression that he was behind a sexual harassment complaint lodged by a woman lecturer recently.
After his appeal was dismissed by the authorities, he challenged the transfer order, which was upheld by a single judge of the court stating that the transfer was an incidence of service.
Setting aside the transfer order and single judge order upholding transfer order, the bench pulled up the higher education department authorities for their insensitive attitude.
The bench said 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 to a college 18 km from his residence.
Concurring with the submission of Prasad and provisions of the Act, and Central government circulars concerning disabled employees, the bench held that a statutory violation was committed by authorities while transferring Ramkumar.
( Source : dc )
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