The Supreme Court has severely reprimanded the Union Government and Railway officials for their totally insensitive and inhuman approach towards a physically handicapped girl who was declared selected by the competent authority for a class three post in the Railways over 21 years ago on July 2, 1989.

A bench comprising Justices G S Singhvi and Asok Kumar Ganguly imposed a cost of Rs three lakh on the Railway Ministry and directed it to pay the same to Ms Pritilata Nanda within two months.

As per the Supreme Court direction the competent authority of the South Eastern Railway shall appoint Ms Nanda on a class three post within two weeks and she shall be entitled to the actual monetary benefits with effect from August 5, 2008.

Ms Nanda, who hails from Orissa, was so frustrated that she did not appear in the Supreme Court during the hearing of government appeal against Orissa High Court order dated August 5, 2008.

The Supreme Court has also directed that she shall be entitled to all the revision in the pay scales introduced by the government from time to time and she shall be paid arrears within four months.

The apex court has also directed that she will be considered for promotion to a higher post if any of her juniors was promoted and she shall be given all consequential benefits and her seniority shall also be fixed by placing her at no 11 in the seniority list.

Ms Nanda who has done BA in Economic Honours is paralysed at the lower limbs.

The apex court blaming the Southern Railway authorities for their insensitivity quoted a long list of physically handicapped persons who have made their marks in the world history by overcoming their physical disabilities and infirmities and the list includes Winston Churchill, Thomas Edison, Albert Einstein, George Washington and Nelson Rockefeller who suffered from learning disability.

Stevie Wonder who was blinded during his childhood became world famous Pianist and Singer. Braille who was blind invented the Braille script for the blind through which they can read. Helen Keller, a blind, became an international figure as she discovered the world through her finger tips.

Mukut Bihari Lal a renowned advocate of India became blind at a young age. Surdas and John Milton, the two great pets were blind.

The Supreme Court concluded by reminding the babus in India that the world till date has not been able to find remedy for the evil called the apathy of human beings for the physically disabled persons in the world who have a population of about 600 million today.

The judges further said, ‘This appeal is one of 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 sine qua non for good governance.

The respondent who suffers from paralysis of lower limbs, has become a victim of constitutionally flawed approach adopted by the South Eastern Railway and has been deprived of her legitimate right to be appointed on a class three post.’

UNI