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Manual On Good Administration Principles

In the Decision of the Ombudsman Institution dated 05/10/2018 on the
application no. 2018/4274, it was stated that the applicant was a computer
manager in the Maritime Faculty in Istanbul Technical University, that
the applicant had a daughter with 94% disability, who was 10 years old,
that the applicant wanted to be assigned to Dr. Lütfi Kırdar Training and
Research Hospital which was close to her residential address to be able
to go to the school where her daughter studied to intervene in case of
emergency; however, the Ministry of Health rejected this request on the
grounds that appointment by transfer to another institution was subject to
drawing, and the applicant requested being appointed due to the disability
of her daughter.
As a result of the examination and investigation conducted by the Institution,
it was found out that although the applicant did not have any disability,
her child was a person with %94 disability, which required her mother’s
care, affection and attention, that the school convenient for her daughter
was close to the institution that the applicant wanted to be appointed to,
that the applicant had another child, who was also a student. Taking into
account that the child had a situation requiring regular treatments and that
the daughter could need immediate intervention during an emergency
and considering the high benefit of the child in the face of her disability
based on the principle of legality, it was evaluated that the request of the
applicant for appointment to Kartal Dr. Lütfi Kırdar Training and Research
Hospital, which she preferred in order to be close to her residential place
and school of the daughter with disability, should be met by force of being
a social state.
As per Article 74 of the Law on Public Servants No. 657, which includes
provisions on the inter-institutional transfer of the public servants
and considering the provisions on the persons with disabilities, it was
concluded that the request must be accepted and the Ministry of Health
was recommended to re-evaluate its decision on the request for inter-
institutional transfer due to the disability of the applicant’s daughter within
the framework legality

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