Person Having Disability Of More Than 40% Can't Be Transferred To Tribal/Hard Areas: Himachal Pradesh High Court

Himachal Pradesh High Court stayed the transfer order of a visually impaired government employee to a hard area who has disability of more than 40%. ("hard/tribal areas" refer to regions that are geographically remote, have challenging terrains and have limited access to resources). Justice Sandeep Sharma held: Himachal Pradesh government's transfer policy for employees with 40% or more disability is aimed at ensuring equitable access to employment opportunities and minimize hardships.Background facts: The petitioner, worked as a Shastri/teacher at a government school in Rampur. However, later he was asked to transfer to a government school in Sarpara, which is designated as a Hard area. The petitioner submitted that he is visually impaired and his transfer violates the Himachal Pradesh government's transfer policy. Being, aggrieved by the transfer he approached the competent authority for cancellation of transfer. However, since no action was taken by the competent authority, he filed a writ petition before the High Court seeking stay of transfer order. On the other hand, the respondent submitted that the record of Petitioner shows that he had been posted in the same region for the past 4 years and had never served in a hard area, so there is no illegality in the transfer order. Findings:The Court acknowledged that it is not denied that the Petitioner had been working in the same region for last four years. However the court emphasized was on the fact that the Petitioner was visually impaired and could not be transferred to a hard area. Section 2(r) of Rights of Persons with Disabilities Act, 2016 clearly provides that person with 40% benchmark disability, be considered as disabled person. Based on the above, the Court opined that the Petitioner having disability of more than 40%, comes under the category of disabled person and should not be transferred to a hard/tribal area. The Court further remarked that the Himachal Pradesh government's transfer policy for employees with 40% or more disability is aimed at ensuring equitable access to employment opportunities and minimize hardships.Accordingly, the Court stayed the transfer order and directed the competent authority to consider the Petitioner's representation. Case Name: Susheel v/s State of Himachal Pradesh & Ors. Case No.: CWP No. 6799 of 2025Date of Decision: 25.04.2025For the Petitioner: Mr. Mukul Sood, Advocate. For the Respondents :Mr. Anup Rattan, Advocate General with Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C.Verma, Additional Advocate Generals and Mr. Ravi Chauhan, Deputy Advocate General, for the respondent/StateClick Here To Read/Download Order

Person Having Disability Of More Than 40% Can't Be Transferred To Tribal/Hard Areas: Himachal Pradesh High Court

Mehak Aggarwal

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