Virendra Gahwai, Bilaspur. Chhattisgarh High Court has directed the state government to make a policy for transfer and posting of disabled officers and employees. The single bench of Justice PP Sahu has given this decision citing the order of the Supreme Court. Besides, an order has also been given to appoint a State Commissioner under the Rights of Persons with Disabilities Act, 2016. Under Section 80, the Commissioner will have to consider on his own motion the violation of the rights of differently abled persons.
The Court has written in its judgment that the purpose of this benefit given to physically disabled persons is, inter alia, to enable the physically disabled persons to be posted at a place where they can easily get help. So that there are no problems in conducting government work.
In fact, the Secretary Urban Administration issued an order dated 12.9.2023, in which the petitioner was transferred to the post of Assistant Revenue Inspector in Municipal Council Bemetara to Municipal Council Kumhari, District Durg. The petitioner has also challenged the order dated 21.8.2024, under which he has been asked to take charge at the transferred place by removing him from his present place of posting.
During the hearing of the case, the court was told that the petitioner was initially appointed to the post of servant in Municipal Council Bemetara under physically handicapped category. The petitioner is 70 percent incapable of walking. On 13.9.2000 the petitioner was promoted to the post of Assistant Revenue Inspector. The petitioner has been continuously working in the Municipal Council Bemetara since the date of appointment. Secretary Urban Administration issued transfer order on 12.9.2023 transferring various employees of various Municipal Councils including the petitioner. The petitioner has stated that though the transfer order is dated 12.9.2023, the same has not been executed yet and for the last one year, the petitioner has been allowed to work continuously at his place of posting i.e. Municipal Council Bemetara. However, when the petitioner came to know about the issuing of the relieving order, he came to know about his transfer under the order dated 12.9.2023.
The court has asked the petitioner to submit a detailed representation with complete documents before the Secretary, Urban Administration Department, within 10 days. The Secretary, Urban Administration Department will have to resolve the issue within a period of four weeks from the date of receipt of the representation.