How Does General Law On Transfers Meld With Rights Of Persons With Disability Act? Delhi High Court Appoints Lawyer Rahul Bajaj As Amicus

The Delhi High Court is set to decide the question as to how the general law on transfers melds or combines with the Rights of Persons with Disability Act, 2016.

A division bench of Justice Rajiv Shakdher and Justice Amit Bansal appointed Advocate Rahul Bajaj, who is blind since birth, as an amicus curiae in the matter.

“We are of the view that in the matter before us, one of the issues that requires consideration is how the general law on transfers melds with the provisions of The Rights of Persons with Disability Act, 2016,” the court said.

“Given this backdrop, we would like to appoint an Amicus curiae in the matter. Accordingly, Mr Rahul Bajaj…is appointed as Amicus curiae in the matter,” it added.

The Bench directed the Registry to dispatch a copy of the order to Bajaj and to provide a copy of the case papers to him.

“Meanwhile, counsel for the parties, including the Amicus curiae, will file written submissions not exceeding three (3) pages each. The written submissions will be filed at least three (3) days before the next date of hearing,” the court said while listing the matter for hearing on April 29.

The bench was dealing with an appeal challenging a single judge's order which allowed the petition 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.

The appeal was moved by the company, Ircon International Limited. Before the single judge, Singh had challenged the order 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.

Allowing the plea, the single judge 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.

It was also 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.

Counsel for Appellant: Mr Debarshi Bhadra, Advocate

Counsel for Respondent: Ms Padma Priya, Mr Rishabh Sancheti and Mr Karan Bhootra, Advocates

Title: IRCON INTERNATIONAL LTD. v. BHAVNEET SINGH

Click Here To Read Order