Introduction:

The Delhi High Court, presided by Justice Chandra Dhari Singh, delivered a significant judgment emphasizing the rights of Persons with Disabilities (PwDs) in job postings and transfers. The case involved Bhavneet Singh, a person with locomotor disability, challenging his transfer to Chattisgarh by a government company under the Union Ministry of Railways. The court underscored the State’s obligation to ensure PwDs’ choice in postings, exemption from rotational transfers, and access to conducive working environments.

Arguments:

Bhavneet Singh, with 72% locomotor disability, contested his transfer, citing the lack of assistance and medical care in Chattisgarh, critical for his medical condition. He invoked Office Memorandums granting preference in postings to persons with disabilities, emphasizing administrative constraints as the only limitation. The company, however, maintained the transfer order, prompting Singh’s plea in court.

Court’s Judgment:

Justice Chandra Dhari Singh highlighted the State’s duty to safeguard PwDs’ rights, ensuring equal opportunities, education, and medical facilities. The court upheld Singh’s plea, quashing the transfer order, citing violation of Article 14 of the Constitution due to neglect of his special needs. Considering Singh’s medical condition and ongoing treatment, the court ruled against his transfer to another state, prioritizing his medical care and acknowledging administrative insensitivity in the decision-making process. The judgment underscored the importance of upholding constitutional values while adjudicating such cases, urging sensitivity and empathy towards persons with disabilities.