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IN THE HIGH COURT OF DELHI
Suresh Kumar Kait, Saurabh Banerjee, JJ.
Sanjay Kumar - Appellant
Versus
Union of India - Respondent
W.P.(C) 9052 of 2019 & CM Appl. 37386 of 2019
Decided On : 22-09-2022
| Table of Content |
|---|
| 1. quashing of movement order and request for sedentary job. (Para 1 , 2 , 3) |
| 2. request for posting as office khalasi. (Para 4) |
| 3. directing respondent to depute petitioner. (Para 5) |
| 4. disposal of the petition and application. (Para 6 , 7) |
1. Vide the present petition, the petitioner is seeking quashing of the impugned movement order dated 02.08.2019 passed by the respondent and its consequential orders etc.; directions to the respondents to provide any sedentary job permanently to the petitioner as recommended by the chief medical superintendent vide his letter dated 17.03.2004; stay of the operation of impugned movement order dated 02.08.2019, till the pendency of present writ petition.
2. Vide order dated 21.08.2019, the respondents were directed to disclose as to which are the sedentary jobs, one of which could be assigned to the petitioner keeping in view his present physical and medical condition. They were further directed that in the meantime, petitioner may be assigned duties of the same kind as he was performing in his previous posting.
3. Pursuant to the aforesaid order, the Divisional Personnel Officer/Admin DRM Office, New Delhi passed order dated 22.10.2019 whereby it was clarified that only two options are available in GP-1800 which are as follows:
i. House Keeping Assistant (Comm.)
ii. Office Khalasi (HQ approval required)
4. Learned counsel for the petitioner, on instructions, submits that the respondents may be directed to post the petitioner as Office Khalasi for which approval from Head Quarter is required.
5. Keeping in view the medical condition of the petitioner and the Communication dated 22.10.2019, we hereby direct the respondents to depute the petitioner as Office Khalasi within four weeks from today after taking approval from the Head Quarter.
6. In view of above, present petition is disposed of.
7. Pending application also stands disposed of.
Public administration must accommodate employees' medical conditions in job assignments, ensuring justice and fairness in employment reassignment.
Employment decisions must accommodate medical conditions of individuals to uphold their rights to equality and life.
The redeployment decision should consider the medical condition of the petitioner and be commensurate with it.
Job assignments must align with the medical conditions of employees, allowing for redeployment at lower grades where necessary.
Administrative authorities must timely decide on service-related petitions made by their employees, ensuring adherence to procedural fairness.
Reasonable accommodation in employment must consider employees' medical conditions, ensuring job assignments do not impose undue hardship.
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