Violation of rights of handicapped person

Question

I am a divyang dependent of a central government employee. My father has been transferred. He is not able to take me to the place of his new posting for continuity of my treatment, rehabilitation and education. His several requests to transfer him back to the old place of posting here been ignored by his office.

I’m not able to continue my rehabilitation and education since 1 year due to his transfer. In view of DOPT order instructing central government offices to avoid transfer of employees with special dependents and give them their choice posting and to protect rights of handicapped person, can I file a case against the head of the office of my father?
My father fears to take the matter to CAT as the office treatment is venedictive in nature.

Answer ( 1 )

  1. You can move a petition seeking transfer of your father for the treatment to be provided to you directly before the High Court and not go to CAT. your fundamental right of life is being violated by such order indirectly and the High Court shall decide accordingly on the basis of your dependency on your father and deterioration of your health due to non-medical facilities.

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