Bar Against ‘Inter-District Transfer’ Not Applicable To Govt Teachers With Disabilities
Case: Naba Krishna Mahapatra v. State of Odisha & Ors.
Coram: Dr. Justice Sanjeeb Kumar Panigrahi
Case No.: W.P.(C) No. 6880 of 2022
Court Observation: “The Supreme Court as well as High Courts through several judgments have iterated that the differently abled persons deserve sympathetic consideration and also need attention of authorities while undertaking transfers. In order to ensure that the transfers are taken up in a transparent and rational manner with utmost priority to public interest and appropriate consideration of human difficulties as far as practicable, the respective state governments should formulate appropriate guidelines in respect of the same.”
“Hence, it may be concluded that the bar under 1977 rules for inter district transfer shall not be applicable on a person with disability. Moreover, in view of provision of Right of Persons with Disability Act, 2016, read with the Govt. Notification (supra) permits inter district transfer of a person with disability. Therefore, the rejection order vide office order dated 14.02.2022 passed by the Director is hereby quashed. The Director is hereby directed to complete the transfer process within a period of THREE months.”
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Keywords
Inter-District Transfer, Govt Teachers With Disabilities
