Husband-Wife Transfer Policy | Railways Must Consider Disability Circulars for Visually Impaired Employees: MP HC

In a significant order addressing the rights of disabled employees, the Madhya Pradesh High Court has directed the Railway authorities to consider the transfer application of a visually impaired employee under the husband-wife transfer policy. The Court emphasized that departmental circulars governing such transfers must be strictly considered while deciding the representation, ensuring compliance within 60 days.

Background & Facts

The Dispute

The petitioners, Smt. Shikha Soni Kushwaha and her husband, are both visually impaired individuals. Petitioner No. 1 is employed as an Assistant Manager at the Bank of Maharashtra in Indore, while Petitioner No. 2 is stationed with the Railways in Gandhi Nagar, Gujarat. The physical separation has created significant hardship for the couple, prompting them to seek a transfer for Petitioner No. 2 to a location near Indore or within the Ratlam Division of the Western Railways.

Key Facts

• Petitioner No. 1 is employed in Indore, while Petitioner No. 2 is posted in Gandhi Nagar, Gujarat
• Both petitioners have 100% visual impairment
• The petitioners filed an application dated 21.04.2026 (Annexure P-7) seeking transfer of Petitioner No. 2 to Ratlam Division
• The petitioners relied on departmental Circulars (Annexures P/9 to P/14) governing husband-wife transfers
• The respondents failed to decide the representation despite the petitioners' disability

Procedural History

• 21.04.2026: Petitioners filed transfer application before the concerned Railway authorities
• Date unspecified: Petitioners moved a representation before respondents No. 2 and 4, which remained undecided
• Date of filing: Present writ petition (WP No. 16655 of 2026) filed under Article 226 of the Constitution of India

Relief Sought

The petitioners sought the following reliefs:

1. Direction to the respondents to consider their transfer application dated 21.04.2026
2. Transfer of Petitioner No. 2 from Ahmedabad Division to Ratlam Division, Indore
3. Any other relief deemed fit by the Court

The Legal Issue

The central question was whether the Railway authorities are bound to consider departmental circulars governing husband-wife transfers when deciding the representation of disabled employees, and whether such consideration must be completed within a reasonable timeframe.

Arguments Presented

For the Petitioners

• Contended that the respondents failed to consider their transfer application despite their 100% visual impairment
• Relied on Annexures P/9 to P/14, which are departmental circulars governing husband-wife transfers
• Argued that the physical separation caused undue hardship, warranting intervention under Article 226

For the Respondents

• The respondents were represented by the Deputy Solicitor General, who did not contest the merits of the petition but sought time for compliance

The Court's Analysis

The Court observed that the petitioners had already moved a representation before the concerned authorities but had not received a decision. The Court emphasized the importance of considering departmental circulars governing husband-wife transfers, particularly in cases involving disabled employees. The Court noted that the petitioners had relied on Annexures P/9 to P/14, which outline the policy for such transfers, and directed the authorities to consider these circulars while deciding the representation.

"Since the petitioners have already moved a representation before the concerned authority i.e. respondents No.2 & 4 but, however, the petitioners shall file a fresh representation before respondents No.2 & 4 by bringing on record the Circulars issued by the department in respect to transfer of husband and wife at one place by placing reliance on Annexures P/9 to P/14."

The Court further directed that the respondents must decide the representation within 60 days from the date of receipt of the representation, along with a copy of the order. The representation was to be filed within 7 working days.

The Verdict

The Court disposed of the writ petition with the following directions:

1. The petitioners must file a fresh representation within 7 working days, along with the departmental circulars (Annexures P/9 to P/14)
2. The respondents must decide the representation within 60 days from the date of receipt, strictly considering the circulars relied upon by the petitioners
3. The petition stands disposed of with the above observations

What This Means For Similar Cases

Departmental Circulars Must Be Strictly Considered

• Authorities are bound to consider departmental circulars governing transfers, especially in cases involving disabled employees
• Failure to consider such circulars may lead to judicial intervention under Article 226

Timely Disposal of Representations Is Mandatory

• The Court has set a clear timeline of 60 days for deciding transfer representations
• Delay in disposal may result in contempt proceedings or further judicial orders

Disability as a Factor in Transfer Policies

• The 100% visual impairment of the petitioners played a crucial role in the Court's decision
• Authorities must give due weightage to disability while deciding transfer applications under husband-wife transfer policies