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An employer should be sympathetic to an employee’s medical conditions when considering his representation against a transfer order: High Court of Uttarakhand

When an employee had filed representation against a transfer order due to a serious medical condition, the employer be sympathetic while considering the representation filed and the employee must not be transferred until the representation has been duly considered. This was held by a two member bench of the High Court of Uttarakhand consisting of Chief Justice Raghavendra Singh Chauhan and Justice Alok Kumar Verma in the case of Ravindra Kumar v State of Uttarakhand [Writ Petition (S/B) No. 250 of 2021] on 22nd July 2021.

The petitioner, Ravindra Kumar is an employee of respondent No.3. Through the present petition he challenged the legality of the transfer order dated 24th June 2021 passed by respondent No. 2, whereby the petitioner was transferred from Dehradun to Bageshwar on a promotional post. The petitioner pointed out that he was suffering from severe back problems which were clear from the medical reports indicating straightening of lumbar spine, degenerative changes in the form of osteophytes, disc desiccation and modic type II endplate changes at multiple levels. Additionally the petitioner also suffered from diffuse disc bulge and significant narrowing of bilateral neral foraminas. The petitioner also submitted a medical certificate from Government Doon Medical College Hospital, Dehradun dated 13th July 2021 which stated that he was suffering from Bronchial Asthma and was advised for bed rest till 25th July 2021.

It was contended that due to these medical conditions, the petitioner not only suffered immense pain but also inability to walk in a normal proper gait. The petitioner further contended that he had completed 58 years of service and he will have much difficulty in discharging his duties at Bageshwar where he would not have access to the necessary medical facilities. A representation had been filed by the petitioner, however despite the lapse of almost twenty days, it had not been considered by the respondents. For this reason the petitioner prayed that the respondents be directed to consider the petitioner’s representation in a sympathetic manner and to further ensure that he is posted only at a place where it will be easy for him to see the necessary medical facilities for his spinal problems.

Chief Justice Raghavendra Singh Chauhan came to the conclusion that “This Court directs respondent No. 3 to consider the petitioner’s representation, dated 01.07.2021, in a sympathetic manner considering the spinal problems being suffered by the petitioner. Till the representation of the petitioner is decided, the petitioner shall not be transferred to District-Bageshwar”.

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