Transfer of Medical officer with eye disability: Consider posting given DoPT circulars, Disability Act: CAT to Govt

Srinagar, Jul 27: The Central Administrative Tribunal (CAT) in Srinagar has asked the government to take call on the representation of a physically challenged Medical officer who had approached the court in a plea against his transfer from Government Medical College (GMC) Srinagar, to NTPHC, Lakshmanpora here.

Dr Rayees Ahmad Bhat’s plea before the tribunal was that his transfer order was “arbitrary and discriminatory” as his disability certificate attested to his 50 percent impairment in one eye and 100 percent in the other.

A bench of Judicial Member, M S Latif while deciding the 47- year- old medical officer’s plea asked the authorities to sympathetically consider his representation and pass appropriate orders on its merits keeping in view the circulars of the Department of Personnel and Training (DoPT) and the contents of the Disability Act of 2016.

The direction came in response to the submissions by Dr Bhat’s counsel, Faizan Majid Bhat, who argued that the transfer was not in keeping with reasonable accommodation under the Rights of Persons with Disabilities Act and was in direct contravention of binding executive instructions issued by the Department DoPT vide Office Memorandum No. 36035/3/2013-Estt. (Res) dated 31.03.2014. The Counsel referred to the Act of 2016, and argued that suffering from a medical disability and that too visual impairment, the aggrieved medical officer otherwise ought to have been posted at a place which would be both in the interest of administration as well in his interest of health.

The counsel contended that the services of the applicant could be well utilized, if his case is considered for his placement back at GMC Srinagar. In GMC Srinagar, the applicant was teaching Physiology to the nursing students and his services would be more beneficial in the nursing college at Srinagar rather than at NTPHC Lakshmanpora Srinagar, he said.

While the tribunal observed that the courts have a limited power to interfere in administrative affairs as they are left to the domain of the administrators, it, however, said : “ Courts being not only the Courts of Law but also being the Courts of Equity as well, the competent authority is not powerless to consider the situation but however on its merits”.

“Perusal of the Disability Certificate to which the applicant has referred reveals that the applicant is 50% disabled by his impairment in one eye and the other eye is 100% impaired,” the tribunal said and disposed of Dr Bhat’s plea.

The tribunal asked the competent authority to reconsider the posting of Dr Bhat by keeping in view his contention before the court and the circumstances which he is facing in the light of his medical disability.

The court urged the competent authority to consider the representation of the medical officer and pass appropriate orders on it within two weeks keeping in view the observations made by it and keeping in view the circulars of the DoPT and the contents of the Disability Act of 2016.