Delhi High court upholds the fundamental right of a disabled person and prevents the transfer of the petitioner to another State.
Title: Bhavneeth Singh v IRCON international Limited
Citation: W.P.(C) 12404/2022 & CM APPL. No. 37256/2022
Dated on: 15.12.2023
Corum: Justice Chandra Dhari Singh
Facts of the case
In the present case the petitioner Mr. Bhavneeth Singh is orthopedically handicapped person with 70% disability and works under IRCON international a company incorporated by the central government (Ministry of Railway) under companies act 1956, who are the respondents. The respondent no. 1 is a leading turnkey construction company in public sector and 86% of its shares are held by the Ministry of Railways. On 15th December 2017, the petitioner joined as Deputy Manager HRM at Human Resource Management Department in the respondent’s corporate office. The petitioner joined the respondent’s office on 15.12.2017 but was subsequently transferred by march 2020.
Aggrieved by this promotional transfer the petitioner filed a complaint through e-office before the competent authority which was later the petitioner’s request to consider his candidature for promotion was dismissed.
It is also submitted by the petitioner that another employee at the respondent’s corporate office -one Mr. Sanddep Sharma who suffers from 50% visual disability was also transferred, but later realised the legal and the legitimate rights of the disabled person according to the persons with disability act 2016, Mr Sharma was transferred back to Delhi.
But the same rights could not be availed by petitioner Mr. Bhavneeth Singh who is under the supervision of the para medical officer and has to wear a knee length prosthetic known as an Ankle Foot Orthosis (AFO) in his left leg. Additionally, he is also under the supervision of doctors from Fortis hospital, Noida for more than a decade where He has to undergo MRI tests of C- Spine, L-spine and other diagnostic tests as and when prescribed, and other Orthopaedic counterparts to keep a track of degenerative changes taking place in the petitioner’s spine in particular and therefore the said transfer can act as an embargo in his regular medical treatments. Due to these reasons petitioner wanted to exercises his rights through section 20 of the rights of the disabled persons act 2016 and challenged his transfer which he contended was mad with mala-fied intention rather than an administrative function.
Legal Provision
This present case mainly involves Section 20 Right of Persons with Disabilities Act, 2016, which states that Government establishment shall ensure that there is discrimination against any person with disability in any matter relating to employment and the appropriate Government may frame policies for posting and transfer of employees with disabilities. Therefore, the intention of the legislation in enacting the afore discussed legislation was to assimilate physically disabled persons in mainstream, however the respondents’ actions are contrary to the same.
The key objective of the said section is to ensure that there is no discrimination against the persons with disabilities and they are being equally given the opportunity like any enabled person.
Court analysis and decision
The hon’ble court allowed the writ of the petitioner and passed its verdict on behalf of the petitioner. The court in this matter is of the view that due to the medical conditions and ongoing medical treatment of the petitioner, Mr. Singh must not be transferred into another state by the respondent’s office and they must not create any further obstacles for the petitioner’s treatment.
The court is also of the view that the respondents have infringed and violated article 14 (right to equality) of the Indian constitution and have failed to recognised the special needs of the petitioner and posted him to a place lacking medical facilities and set aside the transfer of the petitioner to Chhattisgarh branch office.
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Written by- Namitha Ramesh