#disability accommodation

The Madhya Pradesh High Court has directed the state to decide within three months whether transferring a 40% disabled Patwari 80km away breaches his statutory right to reasonable accommodation under the Transfer Policy and Article 14. This ruling establishes that disability provisions in transfer rules are not discretionary but enforceable safeguards against arbitrary postings that undermine equal access to public service.

The Allahabad High Court has directed authorities to decide a disabled officer’s transfer request by applying both the parity principle-comparing his case to similarly situated officers-and the explicit provisions of the Transfer Policy 2026-27 for disability accommodation. This sets a binding precedent for administrative bodies to integrate equity and reasonable accommodation into transfer decisions, not merely as discretion but as a legal obligation under Article 14.

Bombay HC Nagpur Bench rules that disabled employees transferred to a new cadre under Section 47 of the Persons with Disabilities Act cannot retain seniority from their previous post. Promotion eligibility must be determined solely by tenure in the new cadre, impacting disability accommodation policies in government service.

Madras High Court rules that administrative inaction on disability-based transfer requests violates constitutional rights under Articles 14 and 21, directing Annamalai University to consider the representation of a hearing-impaired employee within three weeks. The judgment reinforces the duty of public employers to provide reasonable accommodation under disability policies.