Nithyakalyani Narayanan. V
The Delhi High Court made an observation on December 15, 2023, stating that the State must make sure that job postings and transfers for Persons with Disabilities (PwDs) are done in a way that gives them the option to be posted at their preferred place of posting and may even exempt them from the rotational transfers that are required for other employees.
According to Justice Chandra Dhari Singh, the State would also make sure that PwDs are not transferred or sent to locations where they are unable to find an environment that is suitable for their work, subjecting them to needless and persistent harassment.
The Bench held that “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 Bench added that, as a welfare state, India strives to guarantee that PwDs receive equal opportunities, that they face no discrimination, and that they have access to resources like education, training, and healthcare.
In addressing a case filed by Bhavneet Singh, an orthopedically disabled individual with a 72% locomotor disability who works as the Deputy Manager HRM for a government organisation established by the Union Ministry of Railways, Justice Singh made the following findings.
Singh contested the company’s August 22, 2022, order moving him from the national capital to the Chattisgarh Rail Project.
Due to his unique and serious medical condition, he would not have access to the ongoing medical attention and assistance he requires in Chattisgarh if he didn’t have anybody to assist him with his daily tasks. He further argued that, subject to administrative restrictions, people with disabilities may be granted preference in lieu of posting during the transfer or promotion process, in accordance with Office Memorandums issued by the Union Government.
Granting the plea, the court annulled the contested transfer decision, noting that the firm had violated Article 14 of the Indian Constitution by sending Singh to a distant location in disregard of his specific needs.
“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 Bench held.
Judge Singh noted that the court must be more understanding and compassionate towards the situation of individuals with disabilities when making decisions on such complex cases. The court must also make sure that the principles outlined in Articles 14, 15, 16, and 21 of the Constitution are properly upheld.
Name of the case: Bhavneet Singh vs. Ircon International Limited Through Chairman and Managing Director & Ors.
Bench: Justice Chandra Dhari Singh.