State must ensure PWDs not subjected to unnecessary harassment: Delhi HC

New Delhi: The Delhi High Court has overturned the transfer of an orthopaedically handicapped railway employee to Chhattisgarh, saying that the state must ensure persons with disabilities (PWDs) are not subjected to unnecessary harassment by being transferred to locations unsuitable for their working conditions.

Justice Chandra Dhari Singh pointed out the legal provisions for equal opportunities for persons with disabilities, stating that office memorandums mandate transfers and job postings in a manner that allows employees to choose their preferred location, with possible exemptions from rotational transfers.

The petitioner, an employee of IRCON International Ltd, cited his knee-length prosthetic, requiring regular maintenance in Delhi, and his need for medical supervision in the city.

The court noted that the petitioner's transfer to another state would hinder access to necessary healthcare, especially given his special medical condition.

The court stressed the need for sensitivity and empathy towards individuals with disabilities, ensuring that constitutional values are protected.

Citing Section 20 of the Rights of Persons with Disabilities Act, the court stressed the government's obligation to provide reasonable accommodation and a conducive environment.

The court set aside the transfer orders, stating that the respondent disregarded the petitioner's special needs and violated Article 14 of the Constitution. The orders transferring the petitioner to the Chhattisgarh Rail Project were consequently annulled.