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1. Heard Sri Shireesh Kumar, learned counsel for the petitioner and Sri Gopal Kumar Srivastava, learned counsel for the respondents-Bank.

2. By means of this writ petition, the petitioner has assailed the order dated 16.04.2022 passed by the opposite party No.1 transferring as many as 163 employees in different Zones serving at Central Bank of India from one place to another. The petitioner, whose name finds place at serial No.132, has been transferred from Lucknow to Cooch Behar, Kolkota. The petitioner has also assailed the order dated 20.04.2022 whereby he has been directed to be relieved from his present place of posting.

3. The petitioner is serving on the post of Officer (Scale-II) in Central Bank of India.

4. At the very outset, learned counsel for the petitioner, Sri Shireesh Kumar, has drawn attention of this Court towards Annexure No.3 of the writ petition, which is Unique Disability ID issued by the Competent Authority of the Government of India relating to wife of the petitioner, namely, Smt. Priya Chaturvedi, who is permanent disable person having 100% disability.

5. Further attention of this Court has been drawn by learned counsel for the petitioner towards the policy/norms framed on Transfer of Mainstream/ Specialized Officer in Scale-I, II & III of the Bank. Sri Shireesh Kumar has referred para-1.2 of the aforesaid policy, which reads as under:-

(iii) The term 'Specified Disability' as defined herein is applicable as grounds only for the purpose of seeking exemption from routine transfers/ rotational transfer by the Government employee, who is a care-giver of dependent daughter/ son/ parents/ spouse/ brother/ sister as stated in para-3 (i) above."

7. Sri Shireesh Kumar, learned counsel for the petitioner has submitted that so as to understand the meaning of 'care-giver', 'benchmark disability' and 'permanent disability', the relevant provision of Rights of Persons with Disabilities Act, 2016 (here-in-after referred to as the "Act, 2016") may be perused. Section 2 (d) of the Act, 2016 defines 'care-giver', Section 2 (r) defines 'benchmark disability' and Section 2 (s) defines 'person with disability', for convenience, Section 2 (d), (r) & (s) are being reproduced here-in-below:-

12. Sri Srivastava has further submitted that on earlier occasion the similar grievance of the petitioner has been considered sympathetically, therefore, he has been retained at Lucknow Zone for about 28 years.

13. Sri Srivastava has also submitted that wife of the petitioner is serving on the post of Telephone Attendant in Secretariat Telephone Exchange, Lucknow.

14. Sri Shireesh Kumar, learned counsel for the petitioner has not disputed the aforesaid submission of learned counsel for the opposite parties, however, he has submitted that she has been given such appointment under the handicapped quota.