LI Network
Published on: January 7, 2024 at 13:32 IST
The Delhi High Court emphasized that the State should ensure that individuals with disabilities are not subjected to harassment through transfers or postings to locations where their work environment is unsuitable.
This observation arose from a writ petition filed by an orthopedically handicapped individual against IRCON International Limited.
Justice Chandra Dhari Singh, a Single Bench, remarked, “The State should guarantee that individuals with disabilities do not face unnecessary and persistent harassment due to transfers or postings to locations where they cannot find a suitable working environment. Moreover, it should ensure that necessary medical facilities are available at their place of posting.”
Case Background:
The petitioner, an individual with 72% locomotor disability, was employed as Deputy Manager HRM in IRCON’s corporate office in 2017. However, a subsequent office order in 2020 transferred him to the company’s wholly-owned subsidiary.
Subsequent events included the petitioner’s representation against a promotion process, a rejection of his request for promotion consideration, and his transfers between different locations within the company. This prompted the petitioner to file a complaint before the Chief Commissioner for Persons with Disabilities against IRCON.
The High Court, in its consideration of the case, highlighted India’s commitment as a welfare state to ensuring equal opportunities for people with disabilities. It noted that various laws and international treaties underscore the provision of equal opportunities and access to education, training, and medical facilities for individuals with disabilities.
The Court also acknowledged the State’s efforts in issuing Office Memorandums concerning postings and transfers of Persons with Disabilities, aiming to offer them choices and potential exemptions from rotational transfers.
The petitioner specifically highlighted their need for medical attention available only in Delhi due to their prosthetic leg and ongoing supervision by para-medical professionals.
In conclusion, the Court stressed the need for sensitivity in handling such cases concerning persons with disabilities, ensuring protection under Articles 14, 15, 16, and 21 of the Indian Constitution.
Consequently, the High Court allowed the petition, setting aside the transfer order.