Rights of Persons with Disabilities Act– Transfer of differently-abled employee
The respondent – employee is an orthopaedically handicapped with 72% locomotor disability joined the appellant Company on 15.12.2017 as Assistant Manager (HRM).
By the impugned order dated 22.8.2022, he was transferred from Delhi to Bilaspur. This was challenged in the writ petition.
HELD that the protection given by the RPWD Act supersede the employment contract in respect of transfer. Section 20 speaks about framing of policies for posting and transfer of employees with disabilities. Section 21 mandates establishment to notify “Equal Opportunity Policy” Circulars / Office Memorandum issued by the Government of India from 1988 to 2024 as mentioned in para 19 of the judgment say that the differently-abled persons should not be subjected to rotational transfer. If such an employee is required to be transferred on promotion or otherwise, choice of place should be ascertained.
