Dharmraj Prasad vs State Of Chhattisgarh

The limited relief that the petitioner seeks for in the present writ petition is for an appropriate direction to the respondents No.1&2 in considering the representation of the petitioner praying for a suitable transfer to any schools within the District Durg considering the fact that the petitioner is a person with disabilities and he is disabled to the extent of 41 percent as would be evident from the disability certificate issued from the concerned Medical Board.

The counsel for the petitioner submits that he has been repeatedly making a request to the employer for transferring him to a place in and around district Durg which is his home district. However, till date he has not received any relief in this regard and therefore he has approached this court for an appropriate direction.

The Central Govt. in order to ensure that the persons with disabilities being given a fair and reasonable protection and preferential treatment have enacted the The Rights of Persons with Disabilities Act, 2016 (in short, the Act, 2016). Section 20 of the said Act provides for non discrimination in employment. Sub-section (5) of Section 20 of the Act, 2016 further provides that the appropriate government may frame policies for posting and transfer of the persons with disabilities.

The petitioner along with the writ petition has produced an order of the General Administration Department, Govt. of Chhattisgarh, dated 30.08.2010 whereby as a policy decision the State Govt. has taken a stand that persons with disabilities who are under the government employment shall be as far as practicable be considered for posted at their birth place or the home district, as the case may be.

For ready reference the operative portion of the order dated 30.08.2010 Annexure P/4 is reproduced hereinunder:

The aforementioned Act, 2016 also under Section 79 provides for appointment of a State Commissioner in every State. The functions of the State Commissioner has been provided under Section 80 of the Act, 2016. Under Section 80, it has been entrusted upon the State Commissioner to inquire suo motu or otherwise in respect of deprivation of rights of persons with disabilities and safeguards available to them and also to take up the matters with the appropriate authorities for corrective actions. For ready reference sub-section(b) of Section 80 of the Act, 2016 is reproduced hereinunder:

“(b). inquire, suo motu or otherwise deprivation of rigjhts of persons with disabilities and safeguards available to them in respect of matters for which the State Government is the appropriate Government and take up the matter with appropriate authorities for corrective action;”

The Disability Commissioner in the State of Chhattisgarh has also vide his letter dated 21.10.2019 made a recommendation in favour of the petitioner directing the Directorate of Public Instructions to take appropriate steps ensuring accommodation of the petitioner at a place in an around Durg i.e. his home town. Inspite of a recommendation made by the Disability Commissioner for the State of Chhattisgarh as early as on October, 2019, there seems to be no further development in this regard.

Given the said facts and circumstances of the case, more particularly considering the provisions of the Act, 2016, the respondents No.1&2 are directed to immediately look into the grievance of the petitioner and to take appropriate steps at the earliest preferably within a period of three months from the date of receipt of copy of this order.

The writ petition accordingly stands disposed of.