Rajasthan HC Slams State For Transferring 8-Month Pregnant Officer 320 Km Away From Current Posting, Orders Sensitization Of Authority

Terming the State's action in transferring an 8-month pregnant nursing officer 320 km away from her current posting as a display of "sheer apathy and callous disregard for basic human dignity", the Rajasthan High Court directed the Health Secretary to sensitize its officers empowered to pass transfer orders. It said this while emphasizing that "maternal health has been given statutory protection by prohibiting work that may interfere with pregnancy or fetal development" and an employer cannot "force a pregnant woman to perform tasks that pose a risk to her or her baby".The court further directed the state to either retain the officer on her current posting or reassign an alternative posting within reasonable distance from the current place within 30 days. Justice Arun Monga referred to Section 4(3) of the Maternity Benefit Act 1961, which provides hat a pregnant woman, on request by her, could not be required to do any work by her employer which in any way was likely to interfere with her pregnancy or the normal development of the foetus or was likely to cause miscarriage or adversely affect her health. It was hearing the plea of a woman posted at Sikar in advanced stage of pregnancy challenging an order transferring her to Jodhpur–320 Kms away from her residence.The high court at the outset noted that it had heard a similar matter the other day as it was hearing in the present case where now "yet again, another expectant mother— eight months into her pregnancy—is forced to seek judicial intervention, a consequence of the state's sheer apathy and callous disregard for basic human dignity". “An order, that callously disregards her advanced pregnancy and fragile medical condition, as already noted. Whether this vindictiveness she is being meted out with, stems from a mindless, mechanical application of authority, a complete absence of reason, or the sheer arrogance of unchecked power is not clear. What is clear, however, is the indifference with which her rights and well-being have been trampled,” the court underscored. It further observed that if the petitioner, complies with the transfer order she will have to necessarily relocate from the current place of posting, apart from compelling her to change her entire set of attending physician. It noted that it would be "impossible" for her to commute 300 kms one way to be with her family, "whose constant care and attention" is required at this advance stage of maternity, adding that travel would also necessarily entail health hazards for both mother as well as the infant. It thus directed, "Respondent/State i.e. respondent No.1 is directed to sensitize its competent officers/head of departments who are empowered to pass transfer orders. For doing the needful, respondent No.1 (i.e. the Secretary, Health) shall immediately send copy of the instant order to the Chief Secretary of the State, who in turn shall ensure its due circulation to all concerned officers through email for their future awareness and compliance thereof". It further directed the State to take a decision on the woman's transfer while keeping in mind the statutory language and to obviate a situation where the transfer is “likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health" so as to enable her to discharge her duties without being fearful of losing her livelihood. Case Title: Sulochana v State of Rajasthan & Ors. Citation: 2025 LiveLaw (Raj) 40Click here to read order

Rajasthan HC Slams State For Transferring 8-Month Pregnant Officer 320 Km Away From Current Posting, Orders Sensitization Of Authority

Nupur Agrawal

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Rajasthan HC Slams State For Transferring 8-Month Pregnant Officer 320 Km Away From Current Posting, Orders Sensitization Of Authority

Nupur Agrawal

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

This is a premium content
Available exclusively to
Our subscribers