Allahabad High Court Directs Transfer for Government Employee with Disabled Dependent

Upholds Rights under The Rights of Persons with Disabilities Act, 2016, Ensuring Access to Necessary Medical Facilities

In a landmark decision aimed at addressing the needs of persons with disabilities, the Allahabad High Court, Lucknow Bench, presided over by Justice Manish Mathur, has directed the State of Uttar Pradesh to reconsider the transfer of Santosh Kumar Verma, a government employee whose son suffers from mental retardation with a 50% permanent disability. The court found the administrative rejection of Verma's transfer request to be insensitive and violative of The Rights of Persons with Disabilities Act, 2016.

The petitioner, Santosh Kumar Verma, sought a transfer from Mainpuri to Ayodhya or nearby areas, including Lucknow, to facilitate better medical care for his son, who currently resides in Ayodhya with his mother. Despite the lack of neurophysician or psychiatric facilities in Mainpuri, as certified by the Chief Medical Officer, Verma's request was denied by the state authorities citing administrative reasons and his prior long tenure in Ayodhya.

The court noted the administrative insensitivity in the decision-making process, highlighting the failure to consider the son's disability and the lack of appropriate medical facilities in Mainpuri. The decision emphasized the necessity for both medical facilities and an appropriate environment, as acknowledged by The Rights of Persons with Disabilities Act, 2016. The court directed the authorities to consider vacancies in Ambedkar Nagar, where Verma could be better accommodated.

Justice Mathur pointed out the oversight of the administrative authorities in not exempting Verma's transfer request under the provisions for persons with disabilities and criticized the lack of understanding of the distinction between the medical needs of Verma's son and the services provided by mental health facilities.

The court ordered the Secretary of the Medical Health and Family Welfare Department, Civil Secretariat, Lucknow to issue appropriate transfer orders within two weeks, ensuring compliance with the Act and addressing the medical needs of Verma’s son.

This judgment marks a significant step in recognizing and accommodating the rights of individuals with disabilities, ensuring they have access to necessary medical facilities and environments that support their well-being.

Bottom Line:

Transfer denial for government employee with a disabled dependent - Held, administrative decisions must consider disabilities under The Rights of Persons with Disabilities Act, 2016, including both medical facilities and appropriate environments. 

Statutory provision(s): The Rights of Persons with Disabilities Act, 2016

Santosh Kumar Verma v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc Id # 2790881