Transfer Matter

Dear client,

From the facts stated by you, it appears that your father had originally approached the High Court seeking protection against transfer on the basis of his disability and medical condition under the Rights of Persons with Disabilities Act, 2016, the DoPT guidelines relating to employees with benchmark disabilities, and the relevant judgments of the Supreme Court of India. However, due to an apparent misunderstanding or incorrect recording of submissions, the order passed by the learned Single Bench seems to have proceeded on the basis that your father was seeking consideration for voluntary retirement (VRS) instead of exemption from transfer. Thereafter, as stated by you, the Division Bench has granted liberty to seek review before the same Single Bench and also permitted filing of an application for stay regarding the VRS aspect.

In such circumstances, the appropriate legal course ordinarily would be to immediately file a properly drafted review application before the same learned Single Judge pointing out that the earlier order suffers from an apparent error on record or misunderstanding of the actual relief sought. Along with the review petition, it would also be advisable to file an application seeking interim protection/stay so that no coercive action, including forced transfer, acceptance of VRS, relieving order, or adverse service action, is taken against your father during pendency of the review proceedings. The review application should clearly annex and highlight the original writ petition prayers, medical disability certificates showing 65% locomotor disability, the applicable DoPT Office Memorandums protecting employees with benchmark disabilities from routine transfer, and the relevant judicial precedents relied upon earlier. It should be specifically emphasized that your father never intended to seek VRS and that the original grievance related only to exemption/protection from transfer on medical and disability grounds.

If the department attempts to compel your father to proceed on VRS or acts contrary to the liberty granted by the Division Bench, the same may also be brought to the notice of the Court through an urgent mentioning or interlocutory application. Since the matter involves service law, disability rights, and interpretation of government guidelines, it is important that the review petition is carefully drafted with precise reference to the earlier pleadings, the Division Bench order, and the error that occurred in the Single Bench order.