The Delhi High Cout in the case Bhavneet Singh v. Ircon International Limited Through Chairman And Managing Director And Ors observed that the State must ensure that transfers and job postings of Persons with Disabilities, PwDs is done in the way that they shall be given the choice which is to be posted at their preferred place of posting, and may even be exempted from rotational transfers as mandated for other employees.
The bench headed by Justice Chandra Dhari Singh in the case observed and has stated that the State shall also ensure that PwDs are not subjected to unnecessary and relentless harassment being transferred or is posted at places where they are unable to get an environment which is conducive for their working.
The court stated that it aims to ensure that the Persons with Disabilities shall have the requisite medical facilities, etc. which is available at the place they are posted.
Adding to it, the court stated that Indian being a welfare State embarks in order to ensure 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 the persons are given access to education, training, medical facilities etc.
The bench of Justice Singh in the case was dealing with 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.
It has been challenged by singh in an order issued on 22.08.2022 which is passed by the company transferring him to Chattisgarh Rail Project from the national capital.
Therefore, it being the case of petitioner that there would be no one to help him with his everyday chores in Chattisgarh and hence, the petitioner would be deprived of the constant medical care and access to health care that he needs due to his special and severe medical condition. Further, it has been contended before the court that as per the Office Memorandums which is issued by the Union Government, the 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.
The court in the case observed that the company acted in violation of the Article 14 of the Constitution of India since it ignored the special needs of Singh’s and posted has him to a far-off place. Thus, the court quashed the impugned transfer order.
The court in the case stated that 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 of Justice Singh in the case observed that while adjudicating upon such delicate matters, the
said court has to be more sensitive and empathetic to the plight of a persons with disability and also to ensure that values provided in Article 14, Article 15, Article 16 and Article 21 of the Constitution of India are duly being protected.
Accordingly, the court allowed the plea.
