Delhi High Court Upholds Rights of Persons with Disabilities in Job Postings and Transfers
Last Updated on January 5, 2024 by News Desk
The Delhi High Court has emphasised the importance of ensuring that transfers and job postings for persons with disabilities (PWDs) are done in a way that allows them to be posted at their preferred place of posting and may even be exempt from rotational transfers.
Justice Chandra Dhari Singh emphasised the need to prevent harassment and ensure that PWDs have access to necessary medical facilities at their post.
The court also emphasised India’s welfare state’s dedication to giving PWDs equal opportunities, guaranteeing their nondiscrimination and access to healthcare, education, and training.
Bhavneet Singh, an orthopedically handicapped person with a 72% locomotor disability, challenged the transfer order issued by a government company transferring him to the Chhattisgarh Rail Project. Singh argued that there would be no one to help him with his everyday chores in Chattisgarh, resulting in a lack of constant medical care and access to healthcare due to his severe condition.
The court quashed the transfer order, stating that the company violated Article 14 of the Constitution of India by ignoring Singh’s special needs and posting him to a far-off place.
The court emphasised the need for courts to be more sensitive and empathetic to the plight of PWDs and ensure that values provided in Articles 14, 15, 16, and 21 of the Constitution of India are protected.
Case Title: BHAVNEET SINGH v. IRCON INTERNATIONAL LIMITED & ORS.
Written by: Srijan Raj, @procrastinate_human
