[AI] Government rapped for refusing handicapped girl a job

pradeep banakar pradeepsocialwork at gmail.com
Fri Jul 23 02:06:54 EDT 2010


Government rapped for refusing handicapped girl a job

http://www.thaindian.com/newsportal/uncategorized/government-rapped-for-refusing-handicapped-girl-a-job_100400251.html

Thaindian News
New Delhi, July 22 (IANS) The Supreme Court has pulled up the central
government for denying a job to physically handicapped girl Pritilata
Nanda of Orissa on the grounds that she did not get her name routed
through an employment exchange. Nanda was also awarded damages of
Rs.300,000.
Besides the central government, four officials of South Eastern
Railways were also slammed for showing “lack of sensitivity”. Nanda
suffers from paralysis of the lower limbs.

In a order delivered last Friday but released only Thursday, a bench
of Justice G.S. Singhvi and Justice Asok Kumar Ganguly said getting
the name sponsored by an employment exchange could not be equated with
mandatory provision incorporated in a statute, the violation of which
may make the person concerned liable to penal consequences.

The court said that the conduct of the railway officials was
“constitutionally flawed”, thus depriving Nanda of her “legitimate
right to be appointed on a class III post”. The court directed the
central government to pay Nanda Rs.300,000 in damages as she was
deprived of her rights for almost 21 years.

“This appeal (by the centre and South Eastern Railway) is one of the
many cases illustrative of lack of sensitivity on the part of those
entrusted with the task of doing justice on the administrative side
which is the sine qua non (condition) for good governance,” the order
said.

The court said that in her battle spanning over 21 years, Nanda
“became so frustrated that even though she succeeded in convincing the
high court to issue a direction to the competent authority to appoint
her on a Class III post with retrospective effect, she has not thought
it proper to appear and contest this appeal (filed by the central
government and others) against the order passed by the division bench
of the Orissa High Court”.

Besides the costs, the court directed the South Eastern Railway to
issue, within two weeks, an order appointing Nanda to a class three
post. Her appointment shall be made effective from the date the person
placed at serial number 12 in the merit list was appointed, the order
said.

Nanda’s pay shall be notionally fixed from the date of her appointment
and she would be given actual monetary benefits with effect from Sep
5, 2008, the date specified in the high court’s order, the apex court
said. Besides this, she would entitled to all other benefits including
revision of pay from time and promotions, if any.

The court also directed the general manager, South Eastern Railways to
ensure that she was not harassed by being posted to remote areas. The
official has been asked to send the compliance report to the court by
Nov 22.




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