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Transfer (Posting) Matter as per disability law


09-May-2026 (In Civil Law)
Sir my father is a central government employee of CAPF Organisation.My father is suffering from Ankylosing Spondylitis Diseases and 65% Locomotor Disability. My father has given writ petition before high court calcutta for exemption for transfer as per DoPT guidelines and RPWD ACT 2016 and various supreme court order and office recommendations but due to some misunderstanding, the court has said seeking him for VRS instead of transfer. The order has challenge in division bench and said to review
Answers (2)

Answer #1
694 votes
Under the Rights of Persons with Disabilities Act, 2016 and West Bengal state policy, government workers with a benchmark disability of 40% or higher are granted specific job placement protections. These individuals receive priority for postings close to their hometowns—particularly when undergoing promotions or transfers—and are typically shielded from standard, mandatory, or rotational relocations.
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Advocate Sankha Subhra Dutta

Adv. Sankha Subhra Dutta

LawRato Kolkata | 5+ Answers
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Answer #2
927 votes
Dear Client, As per DOPT Office Memo dated 02/02/2024, each Ministry/Department, attached offices, Central Public Sector Enterprises should identify the types of jobs which can be easily performed by the persons with disabilities specially for Group B, C and D posts where the number of jobs are more. Such persons should preferably be posted to perform such identified jobs and they should be allowed to continue performing such jobs. Given the provision of the DOPT circular, apart from adding this in the review petition pending before the Division Bench, you can escalate your grievance before the Court of Chief Commissioner for persons with disabilities, Department of Persons with Disabilities for updated information on the subject and take steps accordingly.
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Advocate Soumendra Kumar Dutta

Adv. Soumendra Kumar Dutta

LawRatoKolkata | 25+ Answers
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