Monday, December 24, 2012

NEGLECT / IGNORANCE TO AGED PERSON WITH DISABILITY CONTINUES - constitutes compensation claim


REMINDER- 136- Dated. 18-12-2012
Since = 07-06-2009    [Silence for 2188 Days]

To
Sri. Pawan Kr. Bansal
Minister of Indian Railways, Govt. of India
Rail Bhavan, New Delhi, India.

Sri. Adhir Ranjan Choudhury,
MOS –Railways.

Chairman Railway Board
Rail Bhavan, New Delhi, India
Copy to all Principle officers at Railway Board & all others- referred earlier for kind information & necessary action.

 [THIS BEING VIEWED BY EVERY ONE HENCE NO SPL. ATTN. INVITED]

 Priya Mahodaya,

Sub:  A very simple prayer on Humanity ground by a Retd. Disabled, Sr.Citizen of India, Humanitarian prayers made through 100+à letters detailed at attachment Every appeal is self explanatory. . 
        
 Ref:  Kindly see attachment: A self detailed prayer made through100th reminders to you.
        [Details of 100+ reminders with all other imputes already available with you]

It is hoped that some fine morning some kind hearted administrative authority may think twice…….. keeping in view the theme of INTERNATIONAL DAY FOR DISABILITY – 2012Excuse me for inviting your kind attention to the prayers made to Railways Minister during Miss Mamata Banerjee’s  period for consideration of allowing my escort to accompany me in coach I am traveling owing to my absolute disability. Prayer has been made purely on humanitarian, religious / pilgrimage reasons by a Retd. Sr.Citien, Extreme Disabled / Disability persons at the fag end of their life for due consideration as a token of cognition of services rendered appreciated by Railways through 17 awards. I am well aware that existing rules does not cater such provision but rules are made by human being & not by Lord God or treated as Bible, necessity, justification demands change, amend consideration on humanitarian reasons. Hope Government ofIndia acting through the Railway Ministry will not debar this aged couple in performing their religious intentions already narrated before your predecessors. In this respect it will not be out of place to mention that expenditure likely to be incurred in allowing prayed issue will be absolutely negligible from finance point of view and as such there should be no reason to hold on. Incidentally with an intention to visit Ma Tara Temple at Tara pith, Kamrup Kamakhya at Gauhati, Tirupati Devasthanam, Hardwar etc to offer Puja for betterment of all of us submitted pass application to GM / M.Rly / Kolkata during past three years.  Sorry till date since no directive issued from RailBoard’s office, escort could not be included in pass by concerned GM. All religious programmed made had to be cancelled on account of railways. Thus continuously debarred to perform religious obligations at the fag end of life which is virtually my constitutional right. Kind attention is also invited toDeclaration on the Rights of Disabled Persons Proclaimed by General Assembly resolution 3447 (XXX) of 9 December 1975especially matters pertaining to Differential Treatment to a PERSON WITH DISABILITY. Hope you will be kind enough to study the entire situation & issue suitable instructions as prayed for to the concerned GM / M.Rly /Kolkata., copy to undersigned as immediately as possible and oblige. Kindly don’t hesitate to tell your constraints if any. Escort will be chosen by PWD himself. Incidentally it is mentioned that the delay resulted deterioration of my disability which may kindly be noted,
Namaskaram, 

Chinmay Kar 18th Dec’'2012
*************************************************************

Sri. Vinay Mittal,
Chairman, Railway Board,
Indian Railways, New Delhi.

Sub:
REMINDER- 136- Dated. 18-12-2012
Since= 07-06-2009         [Silence by Railways  for 2188 Days]
Ref: 136 Reminders
Priya Mahoday,

                                A very simple prayer made above on necessity & Humanity ground by a Retd. Disabled, Sr.Citizen of India, Humanitarian prayers made through 136 letters / reminders may please be seen.  Every appeal cum reminders is self explanatory. Railway did not acknowledge receipt nor a response made so far. Railways cannot deny receipt of136 letters / reminders mail from me
                               Since the undersigned, a paralyzed Disabled (entire right side of the body paralyzed) can’t move without an escort certified by a CMS of Railway Hospital submitted an appeal to highest authority of railways to allow his attendant / escort to travel in the same coach with me on the pass granted to me as per prevailing rules. Normally an attendant / escort has to travel at general sleeper coach 5 / 6 coaches away from the coach traveled by the pass holder and as such does not helpful to a Disabled like the undersigned.
                                 Situation being as mentioned above do our respected Chairman Sahab can deny that:-
1)    By way of remaining silent for 2188+ days, even after issue of 136 letters/reminders tantamount to a Neglect / Ignore / insult made to a Senior Citizen, Paralyzed Disabled, can’t move without an escort, made by railway authority?
2)    By way of remaining silent over three years from the date of receipt of 1st appeal made on 07-06-2009 allowed this physically disabled person (68 yrs) deteriorating physical handicapped ness to further extent. Railways silence caused my deterioration condition of Disability further which could have been avoided provided Railways at the initial stage of my appeal communicated the Disability of Railways to help / accept the simple prayer of a Senior Citizen, Paralyzed Disabled, who can’t move without an escort. Hence Railway is totally responsible for the damage done to a Disabled
Railways could not consider a very simple prayer of a genuine very aged extreme Disabled Person though all papers / documents relating to eligibility to get an escort to travel with the Disabled in question but arranged charity distribution of very costly free pass to a large number of  different persons of the society having absolutely No connection with Railway or Railway works at all and thus made a Differential Treatment with a Sr.Citizen, Paralyzed Disabled Person. Please see the provisions made for PWDs:- [Office of the United Nations High Commissioner for Human Rights
Declaration on the Rights of Disabled Persons
Proclaimed by General Assembly resolution 3447 (XXX) of 9 December 1975
3)    Railways silence to the appeals of an Aged, Paralyzed Disabled debarred him in observing / availing religious as well as pilgrimage tours to Thirupati, Kamrup, Tarapith Vaishna Devi etc. This is to be noted that a Paralyzed disabled, can’t move outside with out an escort & if escort cannot accompany the Disabled Person the deserved journey cannot be made by Disabled in question. By such action Railways are responsible for preventing me to avail the fundamental rights of performing religious customary as provided in constitution.
4)    Had Railways at the very initial stage of the appeal made three years back expressed their DISABILITY to help an extreme Paralyzed Disabled Person then the question of Differential Treatment, Ignore, Neglect, Insult, Payment of compensation to a PWD would have not arisen. I would have make some adjustment & proceeded for pilgrimage. Amount claimed towards compensation is Rupees seven lakhs and fifty thousand only.

Hope that Mittal Sahab, well conversant with my case will render proper justice to this Disabled at the fag end of life and oblige, Thanking you, Yours faithfully,
Attachment: TWO

Chinmay Kar 22nd Dec’'2012