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ORTHOPEDICALLY DISABLED TEACHER TRANSFERRED TO A SCHOOL CLOSER TO HER RESIDENCE.

The High Court of Gujarat, in the recent case of Solanki Chandrikaben Ratilal vs The Secretary, Education Department & 3 ors, decided on 22.01.2020, directed the District Primary Education Officer (“DPEO”), Ahmedabad to transfer Ms. Ratilal, a physically challenged lady suffering an orthopedic disability in her right leg, from her current place of work to the Geratnagar Primary School or a place closer to her place of residence. This order was based on a previous order passed by the Court of Commissioner (For Persons with Disabilities), Gujarat State on 02.11.2019 directing the DPEO of Ahmedabad to consider Ms. Ratilal’s request for a transfer of work place closer to her home.

Ms. Solanki Chandrikaben Ratilal, an orthopedically challenged teacher, suffered from disability in her right leg to the extent of 42% and wanted to be transferred to a place closer to her home. She approached the Court of Commissioner (For Persons with Disabilities), Gujarat State for relief that her case be considered. The right to claim such a consideration was based on an Office Memorandum (O.M) dated 31.03.2014 for ‘Guidelines for providing certain facilities in respect of persons with disabilities who are already employed in Government for efficient performance of their duties’ by the Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training. The Court of Commissioner (For Persons with Disabilities), Gujarat State passed an order, dated 02.11.2019, in Ms. Ratilal’s favor and directed her transfer by the DPEO, Ahmedabad to a place closer to her residence in accordance with this O.M.
In a review filed by the DPEO, the Court of Commissioner (For Persons with Disabilities), Gujarat State passed an order on 18.01.2020 upholding its previous order and directed DPEO to consider Ms. Ratilal’s request for an appropriate transfer in accordance with the O.M dated 31.03.2014.

Thus, the High Court of Gujarat, on 22.01.2020, in accordance with the orders passed by the Court of Commissioner (For Persons with Disabilities), Gujarat State earlier, directed the DPEO, Ahmedabad to consider the request of Ms. Ratilal positively and transfer her to the Geratnagar Primary School or a place nearest to her residence The court also directed the DPEO to do so within a period of six weeks from the date of receipt of the order of this court.

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