Calcutta High Court Orders Punjab National Bank to Pay ₹3 Lakh for Discrimination Against Disabled Employee [Judgement included]

Court: Calcutta High Court, India

Bench: Justice Rajasekhar Mantha

Case Title: Anirban Pal vs Punjab National Bank And Others

Case No: WPA 10195 of 2023

Date of Hearing: 20 June 2024

Subject: Inhuman conduct of employer bank with a disabled employee, transfer on promotion 

Brief

In a landmark judgement, the Calcutta High Court has directed Punjab National Bank (PNB) to pay ₹3 lakh as compensation to a bank official with a 70 percent disability for what the court described as "inhuman" conduct towards him [Anirban Pal vs Punjab National Bank And Others]. Justice Rajasekhar Mantha emphasized the need for sensitivity and compliance with disability rights laws in the banking sector.

Case Background

The petitioner, Anirban Pal, a Scale-III officer at PNB, was severely injured in a motor accident in 2015, resulting in a 70 percent disability. Despite his condition, Pal was promoted to Scale-IV in 2018. However, PNB insisted on transferring him to Patna, disregarding his repeated requests to remain in Calcutta, where he had access to essential caregiving.

Pal initially avoided the bank's promotion process in 2016, fearing transfer. Observing that two colleagues with physical disabilities were promoted without transfer, he participated in the 2018 promotion process. Although promoted to Scale-IV, his request to stay in Calcutta was denied, forcing him to move to Patna under duress.

Unable to cope with the move, Pal took leave due to severe discomfort and pain. PNB's threats of coercive action further aggravated his situation. Pal then appealed for repatriation to Calcutta, either in his promoted role or by reverting to his previous Scale-III position. Following intervention from the Chief Commissioner for Persons with Disabilities, Pal was transferred back to Calcutta in December 2018, albeit demoted to Scale-III.

Court's Findings

The Court condemned PNB’s actions, highlighting their failure to accommodate Pal’s disability needs and their blatant disregard for the directives of the Chief Commissioner for Persons with Disabilities. The Court mandated disciplinary actions against the responsible officials and ordered the sensitization of all Public Sector Bank officials regarding the "Persons with Disabilities Act of 2016" and the bank's special rules pertaining to disability.

Sensitization and Disciplinary Measures

The High Court's judgement underscores the urgent need for greater awareness and adherence to disability rights within public institutions. The Court's directive to sensitize officials across all Public Sector Banks aims to prevent future instances of discrimination and ensure that employees with disabilities receive the support and accommodations they are entitled to under the law.

This judgement serves as a critical reminder of the legal and ethical obligations of employers to uphold the rights and dignity of employees with disabilities. It is a significant step towards fostering an inclusive and supportive work environment in India's banking sector and beyond.

Read the Judgement

Delhi High Court Grants Relief in Landmark Judgment: Upholding Rights of Persons with Disabilities Against Unjust Transfer [Judgement included]

Court: Delhi High Court 

Bench: Hon’ble Mr. Justice Chandra Dhari Singh

Case Title: Bhavneet Singh Vs  Ircon Internatioal Ltd. through Chairman & MD & Ors.

Case No: W.P.(C) 12404/2022, CM APPL. Nos. 37256/2022 & 10458/2023

Decided on: 15th December 2023

Cases Refered:  Net Ram Yadav Vs. The State of Rajasthan & Ors. 2022 SCC OnLine SC 1022

Facts of the Case

The petitioner, an individual with orthopedic disabilities with a 72% locomotor impairment, field this petition under Article 226 of the Indian Constitution, challenging a transfer order issued by IRCON International Ltd.  relocating the petitioner from the corporate office to the Chhattisgarh Rail Project.

Alleging non-compliance with the Rights of Persons with Disabilities Act, 2016, the petitioner contended that such a transfer would lead to undue harassment, pose health risks, and deprive him of essential medical care. The petitioner argued that the transfer contravened Articles 14 and 16, as well as the provisions of the Disability Act.

In response, IRCON defended the transfer, citing administrative necessities, professional interests, and the amenities available at the new location. They asserted that the move was not intended to be malicious and even offered additional benefits to the petitioner at the new place of transfer.

Upon careful examination of the reasons presented and consideration of the applicable legal standards, the court ruled that the transfer order violated Article 14 and the Rights of Persons with Disabilities Act. The court underscored the importance of ensuring equal opportunities and suitable accommodations for individuals with disabilities. Consequently, the court set aside the transfer orders, granting relief in favor of the petitioner.

Read the Court Judgement dated 15 Dec 23 below: