Order of transfer quashed on the basis of physical incapacity

Allahabad High Court:  An order of transfer was challenged before the Bench of Siddharth, J. by the petitioner who is 60% physically handicapped.

The petitioner has a severe case of post polio residual paralysis of left lower limb and is declared 60% physically handicapped. Considering his condition, he was allotted the work of ledger posting at Ghazipur depot. Further in the year 2016 petitioner was directed by the foreman, Ghazipur for medical examination before the Chief Medical officer/Secretary State Medical Council, Lucknow.

The report of the Chief Medical Officer stated that the petitioner was suffering from a physical disability but he had no functional defect as such. Noting the report presented by the Chief Medical Officer, Lucknow, the petitioner was directed to join the post of conductor in Gramin Depot Varanasi.

The learned counsel for the petitioner further contested that the petitioner cannot perform his duties of a conductor as it requires a lot of movement, which is practically not possible on the end of the petitioner due to his physical disability.

Therefore, the Bench of Siddharth, J. observed that the point stating the disability of the petitioner and in lieu of that his incapacity to perform the duties of a conductor holds a lot of substance. On account of the above stated contentions, Regional Manager U.P State Road Transport was directed to hold the grievance of the petitioner and the order passed by him was quashed on the same contentions put up on behalf of the petitioner by assigning him the same lighter duties as he was performing earlier. [Piyush Kumar Singh v. State of U.P., Writ A No. 39884 of 2016, order dated 09-01-2018]


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