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c. Such other or further order(s) as may be deemed fit ad appropriate in the facts and circumstances of the present case."

FACTS IN BRIEF

2. Briefly stated facts as adumbrated by the applicant in the OA that applicant joined as Senior Research Assistant on 04.02.2006 in physically handicapped category. The applicant is a case of post- polio residual paralysis of right lower limb, physically handicapped with 62% disability of permanent physical impairment to his right lower limb. The applicant's case is governed by benefits under RPWD Act, 2016 and DoP&T OM dated 31.03.2014. The applicant appointed at Eastern River Division, Central Water Commission, Bhubaneswar, Orissa and in May, 2008 transferred to Upper Yamuna Division, Laboratory, Delhi and served as Assistant Research Officer till promotion on 30.08.2022 and on 01.09.2022 transferred to RDC-Directorate-II, CWC, HQ, New Delhi as A.R.O. and now promoted as R.O. and discharging duties in River Data Compilation Directorate-II, CWC, HQ, New Delhi as R.O. Applicant completed less than three years at RDC, CWC, HQ, New Delhi and not due for transfer.

11. Applicant has also made averments in the rejoinder that son of applicant is reaching in Class X and daughter in Class XII in April, 2025 and arbitrary transfer order of applicant, suffering with 62% locomotor disability of post polio residual paralysis of right lower limb, and impugned transfer is discriminatory in nature. Hon'ble High Court of Delhi in Ircon International Ltd. Bhavneet Singh 2024 SCC Online Del 4952 has laid down five guiding principles to take care while transferring a differently abled- person. Respondents have not followed policies for transfer to differently abled-persons and the judgments cited by the respondents are not applicable in this case as the same have not been passed based on provision of Act, 2016, rules and OM issued pursuant to Section 20 of Act, 2016. Hon'ble Supreme Court in case of Net Ram Yadav Vs. State of Rajasthan (2022) 15 SCC 81, recognized that differently abled-persons cannot be treated on the same footing as non-disabled persons regarding maters of transfer. The transfer of applicant 2700 km away from present place of posting and non-disabled RO transferred from Guwahati to Silcher in Level-II small lab about 100 km to accommodate them and impugned order is not in public interest but arbitrary, vitiated exercise of power, malafides and in violation of guidelines for transfer under Section 20 of Act, 2016. Hence, the impugned transfer Order so far related to the applicant deserves to be quashed.

Hon'ble Courts held that transfer policies framed by various government establishments are framed to cover normal circumstances when a divyang employee challenges his transfer under the RPWD Act, 2016 or the PWD Act, 1995 or various guidelines are passed from time to time, such challenge is under special statutes that are enacted in furtherance of international commitments.

21. Now coming on the facts of present case and keeping the aforesaid broad parameters in sight. Applicant was appointed in the category of physically handicapped and has 62% post polio residual paralysis of right limb. Applicant was promoted to the post of Assistant Research Officer vide order dated 31.03.2021 and posted at R.M. Wing (HQ), New Delhi in public interest and on placement Committee recommendations posted in New Delhi. The applicant was promoted from the post of ARO to Research Officer (in short RO) vide Order dated 26.12.2023 in Scientific cadre Group 'A', Level-10 of the pay matrix and posted on promotion in RDC-II, Directorate, Delhi. Respondents have extended the posting at RDC- II, Directorate, New Delhi vide order dated 10.04.2024. The Placement Committee for rotational transfer held on 25.06.2024 and minutes of the meeting placed on record as Annexure A-1, with rejoinder and not disputed by the parties. The six-members high Powered Placement Committee has also considered the case of applicant that he has been given promotion and posted to the grade of R.O. at RDC-II, HQ, New Delhi till 31.03.2024 or rotational transfer whichever is earlier. The placement Committee went through documents, longest stayee list, vacancies, administrative exigencies and recommended the name of the applicant at serial no.9 for posting from RM Wing, New Delhi to YBO, New Delhi on his turn. The relevant extract of minutes of Placement Committee dated 25.06.2024 for ready reference reads as under -

26. The sum and substance of the statutory provisions under RPWD Act, 2016 and OMs issued pursuant to statutory provisions that differently-abled persons should not be subjected to rotational transfer and be posted to their choice concerning the place of posting as ascertained by the employer. What emerges that applicant is a person with benchmark disability with 62% permanent disability to post polio residual paralysis of right lower limbs holding grade of RO, a Group 'A' post. The Placement Committee recommended for posting at New Delhi. The son and daughter of the applicant reached to Class-X and Clas-XII board exams respectively.