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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Ajay Bhanot,J.
Ashwani Kumar Srivastava – Appellant
Versus
Central Bank Of India Through Its Managing Director, Chandennukhi, Nariman Point , Mumbai – Respondent
1. The judgement is being structured in the following conceptual framework to facilitate the discussion:
| I | Introduction | ||||||||
| II | Submissions of learned counsels for the parties | ||||||||
| III | Facts | ||||||||
| IV | Statutory Framework/Legal Provisions
| ||||||||
| V | Rights of care givers and obligations of employers in light of interplay of applicable statutory scheme and legal provisions | ||||||||
| VI | Conclusions |
I. Introduction
2. The petitioner has assailed the order dated 06.05.2024 passed by the respondent no. 4 transferring the petitioner from Raniganj Branch, District Pratapgarh (Varanasi Region) to the Central Bank of India, Regional Office, Rajkot.
II. Submissions of learned counsel for the parties:
3. Shri Ritesh Srivastava, learned counsel for the petitioner while assailing the impugned transfer order submits as follows:
I. The petitioner is the care giver of his wife who is a person suffering from disability under the Rights of Persons with Disabilities Act, 2016[Hereinafter referred to as the Disabilities Act, 2016]
II. The impugned order is violative of the mandate of the Disabilities Act, 2016. Atte
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....
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.
Transfer policies must accommodate employees who are caregivers for differently abled children, ensuring their welfare is prioritized during administrative actions.
Transfer orders are valid unless they violate statutory provisions or are shown to be mala fide.
Transfer decisions may prioritize administrative needs over statutory rights; executive guidelines do not impose enforceable rights upon employees regarding transfer policies.
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