Petitioner challenged frequent transfers citing his son's medical needs. Bench stayed the order directing authorities to reconsider based on Supreme Court guidelines regarding disabled employees' posting.
Order stayed pending reconsideration by authorities within specified period.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 8618 of 2022
---- Petitioner
Versus
---- Respondents
For Petitioner : Ms. Diksha Gouraha, Advocate For Respondents No. 1 and 2 : Mr. B.D. Guru, Advocate
Hon'ble Shri Justice Narendra Kumar Vyas Order on Board
07.12.2022
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remain posted at particular place of posting but the personal difficulties and personal disablement are also to be considered by the employer while considering the transfer of its employee. Hon'ble Supreme Court in the matter of SK Naushad Rahaman & Other Vs. Union of India & Other [Civil Appeal No. 1243/2022 decided on 10/03/2022] has observed in para 53, which reproduced as below:-
Sd-
(Narendra Kumar Vyas)
Judge
kishore
2 issues framed by the court
Whether the transfer order based on frequent postings considering the petitioner's disability and son's medical needs violates any right.
Whether the transfer order may be stayed to allow reconsideration by the authorities per Supreme Court guidelines.
Colour shows how this judgement treated each authority
SK Naushad Rahaman & Other Vs. Union of India & OtherReferred¶19
SK Naushad Rahaman & Other Vs. Union of India & Other [Civil Appeal No. 1243/2022 decided on 10/03/2022]
Anup Mishra
Chhattisgarh State Warehouse Corporation
Manager (Personnel) Chhattisgarh State Warehouse Corporation
Sandeep Kumar Singh
Narendra Kumar Vyas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
