'Administrative Insensitivity': Allahabad High Court Slams Transfer Denial To Govt Employee Caring Son With Mental Disability

[Update : On November 14, the state government complied with the High Court's order and posted the petitioner to Ambedkar Nagar]The Allahabad High Court recently castigated the Uttar Pradesh government authorities for displaying "administrative insensitivity" in rejecting the transfer request of an employee whose son is suffering from 'mental retardation' and has 50% permanent disability. A bench of Justice Manish Mathur passed the order on September 12, 2025, in a writ petition challenging the rejection of the petitioner's representation for transfer from Mainpuri to Ayodhya or any nearby district, including Lucknow. The petitioner (Santosh Kumar Verma), a Senior Assistant in the Medical and Health Department, had served in Ayodhya for 13 years before being transferred to Mainpuri in 2021. He sought relocation on the ground that his son, certified by the Government of India as suffering from mental retardation with 50% permanent disability, lives with his mother in Ayodhya and that he is his care giver. It was also pointed out that the Chief Medical Officer, Mainpuri, had certified there is no Psychiatrist or Neurophysician available in the district (where the petitioner is currently posted). The CMO's report showed that vacancies existed for Senior Assistants in Lucknow and Ambedkar Nagar. However, the petitioner's request was rejected on June 17, 2025 on the grounds that he has already been posted for 13 years in Ayodhya and for administrative reasons particularly looking into the vacancies in Mainpuri, he was required to continue at the said place. Challenging this order, he moved the HC where the state counsel submitted that transfer is an incidence of service, a fact of which petitioner is very well aware of and therefore choice posting cannot be provided After hearing both sides, the Court observed that the disability certificate and CMO's report were undisputed, and that the ground taken for rejection of petitioner's representation was that being an employee of the State Level Cadre and in view of work and requirement, the Administrative Department can get the petitioner to perform Government work as per requirement. Justice Mathur, however, found that the authority had acted with "administrative insensitivity" and was completely unconcerned with the status of disability of petitioner's son and was also ignorant of paragraph 5(iv) of the Government order dated 6.5.2025 which exempted persons with such disabilities from transfers. Importantly, the Court rejected the argument of the Joint Director in the Medical and Health Services, the deponent in the counter affidavit, that proximity to Agra (where a mental hospital exists) suffices. The Court emphasized that for a person with such disability "it is not only medical facilities which are required but also an appropriate environment" as recognized under the Rights of Persons with Disabilities Act, 2016. The Court described it as 'a sorry state of affairs' that the officer concerned was unable to draw distinction between the disability of petitioner's son and a person who requires treatment in the Institute of Mental Health. Against this backdrop, finding the rejection order to be 'clearly unsustainable', Justice Mathur directed the Secretary, Medical Health and Family Welfare Department, Lucknow, to pass appropriate orders within two weeks for the petitioner's posting in Ambedkar Nagar, in view of the report indicating 12 vacancies there. Case title - Santosh Kumar Verma vs. State Of U.P. Thru. Secy. Medical Health And Family Welfare Deptt. Lko. And AnotherClick Here To Read/Download Order

'Administrative Insensitivity': Allahabad High Court Slams Transfer Denial To Govt Employee Caring Son With Mental Disability

Sparsh Upadhyay

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