Transfer Matter

Dear client,

If the High Court has observed that the department may consider giving your father VRS instead of exemption from transfer, that does not automatically mean he is compelled to retire. A voluntary retirement scheme (VRS) can never ordinarily be forced upon an employee when he is specifically seeking protection under disability laws.

Your father may still pursue relief on these grounds:

He is suffering from Ankylosing Spondylitis along with locomotor disability.
Protection is available under the Rights of Persons with Disabilities Act, 2016.
The Department of Personnel and Training guidelines regarding posting/transfer of persons with disabilities can be relied upon.
Courts have repeatedly held that reasonable accommodation should be provided to disabled employees unless there is compelling administrative necessity.

What can be done now:

Clarification / Modification Application
If the court misunderstood the prayer, your advocate may file:
an application for clarification,
modification,
or review,
stating clearly that:
the petitioner never sought VRS,
he only sought exemption/retention on medical and disability grounds.
File Additional Medical Documents
Submit:
disability certificate,
specialist reports,
mobility restrictions,
recommendation against frequent transfers,
details showing treatment dependency at current station.
Emphasise “Reasonable Accommodation”
Under disability law, the employer should attempt:
nearest posting,
static posting,
light duty,
administrative duty,
instead of forcing retirement.
Challenge Any Forced Retirement
If the department later pressures him into VRS/retirement, it can be separately challenged because voluntary retirement must be genuinely voluntary.
Interim Protection
If transfer implementation is imminent, seek interim stay/extension from the High Court pending clarification.

The wording of the actual High Court order is very important here. Sometimes courts merely “observe” that the authority may consider VRS as an option, which is different from directing retirement.

Let an advocate review the same.