NET RAM YADAV versus THE STATE OF RAJASTHAN & ORS.

Citation: [2022] 7 S.C.R. 101 · Decided: 11-08-2022 · Supreme Court of India · Bench: INDIRA BANERJEE · Disposal: Appeal(s) allowed

Judgment (excerpt)

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NET RAM YADAV
v.
THE STATE OF RAJASTHAN & ORS.
(Civil Appeal No. 5237 of 2022)
AUGUST 11, 2022
[INDIRA BANERJEE AND J. K. MAHESHWARI, JJ.]
Service Law – Downgradation in Seniority of disabled person
– Challenge to – Appellant, a handicapped, was working as a
Government senior teacher – He was posted 550km away from his
place of residence – The State issued circular directing to post person
with disabilities at or near the place for which they opt at the time
of appointment – Appellant made representation – He was
transferred near his permanent residence – As a consequence, he
was downgraded in his seniority – Aggrieved, appellant filed writ
petition, which was dismissed – On appeal, held: The reduction of
seniority of the Appellant in the State List is totally arbitrary,
unreasonable and discriminatory – In the impugned judgment of
the High Court, reference was made to the Explanation to Sub-Rule
(10) of Rule 29 of the Rajasthan Educational Subordinate Service
Rules, 1971 – On perusal of the said explanation, it appears that
the same applies to employees in general to discourse transfers on
request – Those candidates who makes transfers on request are to
incur loss of seniority in the transferee district and/or zone –
However, the handicapped candidates were conferred a special
benefit by a circular issued by the State Government – Exclusion of
the benefit of the circular to handicapped employees already in
employment at the time of its issuance, would violate the fundamental
right of those employees to  equality  u/Arts. 14 and 16 of the
Constitution of India – The respondents directed to restore the
seniority of the appellant in the State to its original position.
Allowing the appeal, the Court
HELD: 1. On a perusal of the Explanation, it appears that
the same applies to employees in general to discourage transfers
on request. Those candidates who make transfers on request
are to incur loss of seniority in the transferee district and/or zone.
[2022] 7 S.C.R. 101
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SUPREME COURT REPORTS
[2022] 7 S.C.R.
The seniority of the existing employees of the transferee district
and/or zone would be protected. The aforesaid Explanation does
not authorise any alteration in the State level seniority. The
forfeiture of seniority is restricted to the transferee at district/zone
and cannot have application for all time to come, even after
transfer out of that District and/or zone. Even otherwise,
handicapped candidates who have been conferred a special benefit
by the Circular being Sl. No. P.15(3) Pr.Su/Even/1/2000 dated
20th July 2000 referred to above, cannot, for all practical
purposes, be deprived of the opportunity to avail the benefit of
the Circular dated 20th July 2000, by making transfer in terms of
the said Circular conditional upon downgradation in seniority. It
is true that the Appellant was appointed in 1993, long before the
Circular dated 20th July 2000 for appointment/posting of persons
with disability at or near the place of their choice was issued.
However, having regard to the object of issuance of the  Circular,
which is to enable handicapped employees to opt for posting at a
convenient  place,  may  be  near  the  place  where  the  employee
ordinarily resides with the members of his family, or at or near a
place where  the handicapped employee may get assistance,  inter
alia, of family members, relatives, friends, or may be institutional
support, the benefit of the circular has to be extended even to
those candidates appointed before issuance of the Circular, subject
of course to availability of posts and other relevant factors.
Exclusion of the benefit of the Circular to handicapped employees
already in employment at the time of its issuance, would violate
the fundamental right of those employees to equality under
Articles 14/16 of the Constitution of India. [Paras 22-24][110-E-
H; 111-A-D]
2. One of the hindrances/disadvantages faced by the
physically disabled persons is the inability to move freely and
easily. In consideration of the obstacles encountered by persons
with disabilities, the State has issued the said notification/circular
dated 20th July 2000 for posting disabled persons to places of
their choice, to the extent feasible. The object of this benefit to
the physically disabled is to, inter alia, enable the physically
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disabled to be posted at a place where assistance may readily be
available. The distance from the residence may be a rele

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