Persons With Disabilities Must Be Given Choice To Be Posted At Preferred Place, May Be Exempted From Rotational Transfers: Delhi High Court

The Delhi High Court has observed that the State must ensure that transfers and job postings of Persons with Disabilities (PwDs) is done in a way that they shall be given the choice to be posted at their preferred place of posting, and may even be exempted from rotational transfers as mandated for other employees.

Justice Chandra Dhari Singh said that the State shall also ensure that PwDs are not subjected to unnecessary and relentless harassment by being transferred or posted at places where they are unable to get an environment which is conducive for their working.

“Furthermore, it aims at ensuring that the Persons with Disabilities shall have the requisite medical facilities, etc. available at the place they are posted,” the court said.

It added that the India being a welfare State embarks on ensuring that there is provision of equal opportunity to the PwDs and that the same aims at ensuring that such persons are not subjected to any discrimination and are given access to education, training, medical facilities etc.

Justice Singh made the observations while dealing with a plea moved by one Bhavneet Singh, an orthopedically handicapped person with 72% locomotor disability, working as Deputy Manager HRM with a government company incorporated by Union Ministry of Railways.

Singh challenged the order issued on August 22, 2022, passed by the company transferring him to Chattisgarh Rail Project from the national capital.

It was his case that there would be no one to help him with his everyday chores in Chattisgarh and hence, he would be deprived of the constant medical care and access to health care that he needs due to his special and severe medical condition.

He further contended that as per the Office Memorandums issued by the Union Government, preference in place of posting at the time of transfer or promotion may be given to the persons with disability subject to the administrative constraints.

Allowing the plea, the court quashed the impugned transfer order, observing that the company acted in violation of the Article 14 of the Constitution of India since it ignored Singh's special needs and posted him to a far-off place.

“In the instant matter, this Court is of the view that taking into consideration the medical conditions and the ongoing treatment of the petitioner, the petitioner should not be transferred to any other State as the same may create hindrances to the treatment of the petitioner,” the court said.

Justice Singh also observed that while adjudicating upon such delicate matters, the court has to be more sensitive and empathetic to the plight of a persons with disability and also to ensure that values provided in Articles 14, 15, 16 and 21 of the Constitution of India are duly protected.

Title: BHAVNEET SINGH v. IRCON INTERNATIONAL LIMITED THROUGH CHAIRMAN AND MANAGING DIRECTOR & ORS.

Citation: 2024 LiveLaw (Del) 9

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