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M. S. KARNIK, VALMIKI MENEZES
Devyani C. Naik – Appellant
Versus
State of Goa – Respondent
JUDGMENT :
(Per M. S. Karnik, J.)
1. By this petition under Article 226 of the Constitution of India, the petitioner seeks directions to the respondents to enforce the effect of Office Memorandum dated 18.03.2024 issued by the Director of Social Welfare, Panaji, Goa. The petitioner prays for a direction to the respondent no.2 to exempt the petitioner from the routine exercise of transfer/rotational transfer and consequently for quashing and setting aside the impugned order dated 14.02.2024. By the impugned transfer order, the petitioner is transferred from SB Centre Ponda to AHTU Panaji.
2. This petition invokes the provisions of ‘The Rights of Persons with Disabilities Act, 2016’, (‘The Disabilities Act’, for short). Before elaborating any further, it would be apposite to briefly state that the petitioner’s son ‘K’, is certified by the Institute of Psychiatry and Human Behaviour, Bambolim, Goa, a competent authority under Section 2(e) read with Section 57(1) of the Disabilities Act, to be suffering from mild autism between 40 to 60 percent as a permanent disability in relation to autism. The suffering of ‘K’ is increasing. Considering the nature of the disability, it is the case that
The court established that the Rights of Persons with Disabilities Act mandates reasonable accommodation for caregivers, prioritizing the welfare of disabled dependents in employment decisions.
The court emphasized that while the Rights of Persons with Disabilities Act protects care givers, transfers are essential for institutional efficiency and must balance individual rights with organiza....
Authority's discretionary power in employee transfers must be exercised fairly and in adherence to established policies, especially concerning caregivers of disabled children.
Transfer policies must accommodate employees who are caregivers for differently abled children, ensuring their welfare is prioritized during administrative actions.
The main legal point established is that transfer in a transferable job is an exigency of service, and the Courts should not readily interfere with transfer orders made in public interest and for adm....
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