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Judgment
16 paragraphs · 263 wordsTarlok Singh Chauhan, J
The petitioner, who is under the disability to the extent of 40% had not only been transferred, but also stands relieved. It appears that while
transferring the petitioner, the respondents have not taken into consideration the office memorandum dated 31st March, 2014, issued by the
Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training. Relevant portion whereof reads
as under:Â
“H. PREFERENCE IN TRANSFER/POSTING
As far as possible, the persons with disabilities may be exempted from the rotational transfer policy/transfer and be allowed to continue in
the same job, where they would have achieved the desired performance. Further, preference in place of posting at the time of
transfer/promotion may be given to the persons with disability subject to the administrative constraints.
The practice of considering choice of place of posting in case of persons with disabilities may be continued. To the extent feasible, they may
be retained in the same job, where their services could be optimally utilized.â€
Accordingly, the instant petition is disposed of with a direction to respondent No.2 to consider and decide the grievances of the petitioner in light of the
aforesaid memorandum and take a decision within a period of two weeks from today. No coercive action shall be taken till such decision, so as to
compel the petitioner to join at the transferred place of posting. Pending miscellaneous application(s), if any, shall also disposed of.
List for compliance report on 7th September, 2020.
Authenticated copy be supplied to learned counsel for the parties through the Secretary/Private Secretary.