Case BriefsHigh Courts

Jharkhand High Court: Dr S.N. Pathak, J., dismissed a writ petition as he was of the view that the transfer of the petitioner was proper and no interference was necessary.

In the pertinent case, the petitioner moved to this Court challenging the order of transfer dated 24.05.2019, whereby he has been transferred from SBI, Singh More Branch, Ranchi to SBI, Tupudana, Branch as per extant instruction of 5 years transfer policy. It is a specific case of the petitioner that he is a disabled person.

Pawan Kumar Pathak, counsel for the petitioner, had submitted that a petitioner is a differently-abled person and as per the Circular F.No. 302/33/2/87 SCT (B) dated 05.03.1988, the physically handicapped employees of Bank in all cadres should normally be exempted from routine periodical transfer and as such, the petitioner has been transferred in complete violation of the statutory provisions. Rajesh Kumar, counsel of the opposite party submitted that the petitioner has been transferred as per the extant instruction of 5 years transfer policy and upon due consideration to his physical disability, the petitioner has been transferred to Tupudana Branch, which is nearby Branch from his place of stay and only 3.5 km away from Singhmore Branch and said Tupudana Branch is situated on the ground floor making it convenient for the petitioner and as such, order of transfer is fully justified.

The Court held that the order of transfer requires no interference since the order has been passed upon due consideration of the petitioner’s disability. The Court also observed that transfer is an incident of service; no right has accrued to an employee to stay at a particular place. Further, petitioner cannot be exempted from the transfer policy  since, no statutory provisions have been violated and the petitioner has been transferred to Tupudana Branch after giving due consideration to his physical disability, which is just 3.5 km from the Singhmore Branch and it is running its business in the ground floor which makes it more convenient to the petitioner to work there with ease.[Satish Kumar Singh v. SBI, 2019 SCC OnLine Jhar 1359, decided on 12-09-2019]

Case BriefsHigh Courts

Kerala High Court: The Court deciding an issue on arbitrariness of the cap imposed on financial concessions for the differently abled persons held that the concession granted by the Government was a privilege and hence, Article 14 of the Constitution  was not invalidated by a reasonable condition imposed.

The facts of the case were, the Kerala Government by Government Order dated: 31.03.1998 provided for tax concessions for certain motor vehicles, including luxury cars, being purchased by differently abled persons. Later, the Government imposed a cap of Rs 5 lakh on the value of the vehicle entitled for exemption. The appellant in the present case, suffered from 100% disability and was  totally wheelchair dependent and his son was specially abled. Given the needs of the family, he decided to buy a ‘bigger car’.

The cap came to be impugned by the appellant by a writ petition, which upon consideration was dismissed by a Single Judge. Thus aggrieved, the question came for consideration before the Division Bench.

It was argued that the imposition of a cap and limiting the value of purchase amounted to arbitrariness and fell foul of Article 14. It was submitted that the imposition of the cap with the view to prevent misuse of the privilege was irrational.

The Division Bench of Antony Dominic and D. M. Naidu, JJ  acknowledged the grounds of reasonableness and non-arbitrariness in classification of discrimination in terms of Article 14 of  the Constitution and held that the a privilege is different from a right. Dismissing the appeal, it was held  that the issue involved only a concession in the form of financial incentive for the physically challenged and therefore, the Government was justified in imposing suitable conditions, and the contentions of discrimination or unreasonableness did not apply. [C.H. Moideen Kunhi v. State of Kerala, 2016 SCC OnLine Ker 5340 decided on June 7, 2016]