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.

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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 International 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

Post Script:- This matter was challenged by Respondent IRCON International in LPA 133 of 2024 and was rejected. 

Summary & Brief Background

The petitioner, an Assistant Manager within the Human Resource Management department, is a person with a severe benchmark physical disability, specifically a 72% permanent locomotor disability. The respondent, IRCON International Ltd., is a prominent public sector turnkey construction company operating under the Ministry of Railways. The petitioner initially joined the corporate headquarters in New Delhi on December 15, 2017. Over the course of his employment, he faced consecutive institutional re-locations, including a transfer to a subsidiary in Noida in March 2020 and a subsequent repatriation back to the Delhi Corporate Office in March 2022.

Following legal representations regarding promotion blockades and an active complaint filed before the Court of Chief Commissioner for Persons with Disabilities challenging non-adherence to the Rights of Persons with Disabilities Act, 2016, the management issued a show-cause notice concerning attendance variations. Shortly thereafter, on August 22, 2022, IRCON issued an office order transferring the petitioner out of New Delhi to the Chhattisgarh Rail Project in Bilaspur, followed immediately by a formal relieving order on August 23, 2022.

The petitioner sought a writ under Article 226 of the Constitution of India to quash these orders. He presented extensive medical evidence demonstrating that he wears a knee-length prosthetic Ankle Foot Orthosis (AFO) on his left leg, which requires continuous engineering maintenance and clinical adjustments at a specialized facility in Delhi where he has been tracked for seven years. Additionally, he has been undergoing critical neurological treatment at Fortis Hospital, Noida, for over a decade to closely monitor degenerative changes in his spine through regular MRI diagnostic tracking.

Core Arguments & Institutional Contradiction

• The Paternalistic Re-location Alibi: IRCON countered by stating that the petitioner had explicitly accepted a universal pan-India transferability clause upon initial appointment. They argued that the transfer was driven purely by administrative resource allocation requiring an experienced HR hand in Bilaspur. The management asserted that Bilaspur is a thoroughly developed city serving as a major zonal headquarters, featuring extensive medical facilities covered under corporate expense packages, free bachelor accommodation, and special transport perks. They also argued that the petition was premature and should have been brought solely before the Chief Commissioner.

• The Systemic Targeting Discrepancy: The petitioner exposed an institutional contradiction in how the company handled workforce rotation. He pointed to IRCON’s own Job Rotation Policy Circular (No. 34/2022), which mandated that employees stationed at a single location for 5 years or more must be rotated. The petitioner proved that multiple non-disabled employees who far exceeded these time limits were retained at the Delhi corporate office, while he was selectively picked for displacement. Furthermore, the petitioner cited an identical precedent where another visually impaired HR official, Mr. Sandeep Sharma, was transferred to the exact same project in Chhattisgarh but was swiftly repatriated to Delhi after the Chief Commissioner intervened.

Key Issues Addressed

1. Whether an operational transfer clause in an employment contract allows a public sector enterprise to uproot an employee with a 72% locomotor disability, ignoring specific, localized clinical and prosthetic healthcare requirements.

2. Whether an administrative re-location that ignores central executive guidelines and DoPT Office Memorandums protecting disabled workers from rotational transfers violates the mandate of equality under Article 14.

Observations & Findings of the Court

Mr. Justice Chandra Dhari Singh allowed the petition, explaining that standard corporate mobility principles cannot override constitutional protections for disabled workers:

• The Welfare Mandate of the State: The Court observed that India, as a progressive welfare State, is bound by domestic legislations and international treaties like the UNCRPD to ensure equal opportunity and eliminate environmental and institutional barriers for persons with disabilities at the workplace.

• Sustaining Executive Guidelines: The Court closely reviewed multiple DoPT Office Memorandums (including OMs dated 10.05.1990, 13.03.2002, and 31.03.2014), ruling that they create clear legal parameters. Disabled employees must be structurally exempted from standard rotational transfer tracks, and their preferred location choices must be prioritized to maintain continuity of care and workplace performance.

• No Dilution of Rights: Citing the Apex Court's decision in Net Ram Yadav, the Court held that once a specific protection or benefit has been granted to disabled individuals via government circulars, an employer cannot introduce conditions that strip away those rights or render them useless.

• Empathy as a Constitutional Anchor: The Court emphasized that judicial review in these matters requires an empathetic approach to ensure protections under Articles 14, 15, 16, and 21 are fully realized:

  "In the matters of providing relief to those who are differently abled, the approach and attitude of the executive must be liberal and relief oriented and not obstructive or lethargic. A little concern for this class who are differently abled can do wonders in their life and help them stand on their own and not remain on mercy of others."

• Violation of Article 14 Established: The Bench concluded that forcing the petitioner to relocate to another state would break the clinical continuity of his treatment, directly violating Article 14 by treating a severely disabled employee on equal footing with non-disabled workers while ignoring his specific medical needs.

Directions Issued

Finding that the administrative orders were arbitrary and legally unsustainable, the Single Judge issued the following directions:

• The impugned Transfer Order dated August 22, 2022, and the corresponding Relieving Order dated August 23, 2022, transferring the petitioner to the Chhattisgarh Rail Project, were officially set aside.

• The petitioner was protected from interstate transfer, ensuring his ongoing access to specialized prosthetic maintenance and neurological tracking within the National Capital Region.

• The writ petition was formally allowed, and all associated pending applications were disposed of.

Legal Disclaimer: The summaries provided on this platform are for informational and academic purposes, aimed at increasing awareness of disability legislation and rights across Indian jurisprudence.

Read the Court Judgement dated 15 Dec 23 below: