New Delhi: Employee;; working with public sector banks are exempted from
routine periodic transfers if it is proved through medical records that
they suffer wfth more than 40% disabilityr****" The Delhi high court bench
of Chief Justice B C Patel and Justice Sanjay Kishan Kaul said if a transfer
is inevitable, the government departments must make an endeavour to post
disabled persons to branches located,, in or
, near their hqmetown.-the bench also held that such persons should not be
normally transferred even on promotions.
y The bench made these "^observations while hearing the petition of V K
Bhasin, an employee of State Bank of Patiala, who became disabled in an
accident in Delhi. Bhasin got injured while joining duty at the bank's
Dehradun branch in 1997. He went through five surgical operations and was
later declared permanent disabled.
After being bed-ridden for more than 10 months, Bhasin joined his office in
Dehradun. But, three
years later, the bank transferred him to Varanasi which he objected to.
According to his advocate Arvind Gupta, Bhasin was asked to produce a
medical certificate declaring his inability to travel. Bhasin's request for,
a, certificate was turned down by chief medical officer (CMO) of Dehradun.
Even before he could convince the CMO for the certificate, they issued the
Ironically, the bank didn't even permit him to opt for the voluntary
retirement scheme. Three years ago, Bhasin approached the Delhi High Court.
He s failed to get relief from the ' court of a single judge as the latter
concluded that Bhasin suffered with just 28% disability. The observation was
on the basis of a medical board's opinion.
"We challenged the board's opinion in our appeal and claimed that" Bhasin's
examination was not done as per the rules. And as per the court's direction,
he was examined thrice by doctors at Ram Manohar Lohia Hospital. His extent
of disability varied on all the three occasions. It was finally proved that
Bhasin had 40.8% disability," said Gupta. /
IN THE HIGH COURT OF DELHI AT NEW DELHI
judgement details attached below: