Appointment victory of the disabled teacher! Making a statement on the subject, Türk Sağlık Sen shared a news about the struggle of the 40 percent disabled teacher working at Kocaeli Children's Homes Coordination Center.
Our member, who works as a teacher at the Kocaeli Children's Homes Coordination Center Directorate, where he was appointed after the promotion exam, requested to be transferred to Sakarya, where his family lives, because he is 40% disabled and so that he can continue his treatment with his family.
A lawsuit was filed by our union after the request of the personnel appointed as a result of the promotion and title change examination of the Ministry was rejected, on the grounds that they should serve for 3 years in the place they were appointed to.
Kocaeli 2nd Administrative Court, which discussed the case, drew attention to the disabled status of our member in its decision and pointed out that the principle of positive discrimination against disabled people is regulated in Article 10 of the Constitution. In the court decision, it was pointed out that the excuse of our member, who was successful as a result of the promotion exam and declared his excuse for this situation after the appointment process was established, was not taken into account even though his disability continued. In addition, it was decided to annul the Appointment and Transfer Regulation, as it was found to restrict the rights granted to disabled people by the Constitution and laws, and that it could not be used as a basis for this dispute, and that the transaction in question, which was instituted without considering the disability status, was not in compliance with the law and equity.
Necessary facilities should be provided to those who request an excuse in the public sector.
Commenting on the decision, Turkish Health Union Chairman Önder Kahveci said, “Public administrations should provide the necessary facilities to disabled personnel and those who request an excused appointment. Creating obstacles in regulations for situations such as family life and health, which are guaranteed by the Constitution, is a problematic approach. As a matter of fact, in the case we won, the court pointed out that the rights granted by the Constitution and laws cannot be restricted by regulations. "We demand that the necessary arrangements be made for all public employees to resolve these situations without resorting to litigation," he said.
