Saturday, June 11, 2022

Allahabad High Court Quashes Order Transferring A Nationalised Bank Employee Whose Wife Is Having 100% Disability

Allahabad High Court, Rights of Persons with Disabilities Act, WIFE, bank employee, 100% disabled, the central bank of India,
The Allahabad High Court recently quashed an order transferring an employee of the Central Bank of India from one place to another as it noted that his wife is a permanently disabled person having 100% disability.

The Bench of Justice Rajesh Singh Chauhan noted that as the husband (employee) is the caregiver of her wife [as defined under Section 2 (d) of the Rights of Persons with Disabilities Act, 2016], therefore, as per the bank's transfer policy, he shall be exempted from routine/ rotational transfer.
Further, the Court stressed that the rotational transfers are meant for a person who has not been protected by any compassionate or beneficial policy, however, the Court added, if any employee has been protected from any beneficial or compassionate policy, the same may not be ignored unless there is any administrative reason to transfer such person from one zone to another zone.

Consequently, the Court quashed the order transferring him from Lucknow to Cooch Behar, Kolkata, however, since in place of the petitioner someone has submitted his joining, the Court directed the opposite parties to accommodate the petitioner at any suitable place in Lucknow Region, be it in rural areas or urban areas as per the convenience of the authorities.

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