AGARTALA, India, Feb. 24 -- Tripura High Court issued the following order/judgement on Jan. 22:
The present interlocutory application is taken up for hearing and disposal.
Heard Learned Senior Counsel, Mr. Purusuttam Roy Barman assisted by Learned Counsel, Mr. Koomar Chakraborty appearing on behalf of the applicants. Also heard Learned Addl. GA, Mr. Mangal Debbarma appearing on behalf of the respondents-State.
The present interlocutory application is filed by the applicants for staying the operation of the impugned transfer memo dated 15.01.2026 issued against the applicants, which was signed on 13.01.2026 by the authority (Annexure-7 to the writ petition).
Learned Senior Counsel for the applicants drawn the attention of this Court that the applicant No.1, Sri Kanu Nama is suffering from 100% disability (blindness) and the applicant No.2, Sri Anuj Kumar Datta is suffering from 80% disability. They both comes under the category of persons with disability in pursuance of the Rights of Persons with Disabilities Act, 2016 (for short, RPwD Act). It is submitted that both the applicants are/were posted in the post of LDC at the Birchandra State Central Library, Agartala on and from the date of their joining i.e. since 2017 and 2016 respectively. Later on, the applicant No.1 was promoted to the post of UDC. Learned Senior Counsel further submitted that in pursuance of the guidelines of the concerned Act, the present applicants time and again submitted representations to the Department to provide the facilities as required under the RPwD Act. However, no action was taken by the Department. Being aggrieved, the present applicants were compelled to file one writ petition before this Court which was numbered as WP(C) No. 572 of 2025. A co-ordinate Bench of this Court by order dated 31.10.2025 considered the said petition and directed the respondents to consider the representations of the present applicants dated 30.06.2025 and 01.07.2025. However, in spite of forwarding the said order of this Court to the authority of the applicants and also the present authority wherein the present applicants are posted, no action was taken, rather, by memo dated 15.01.2026, the present applicants have been transferred and posted to the Office of Director of Social Welfare & Social Education, Abhoynagar, Agartala. According to Learned Senior Counsel, it has caused severe hardships to the applicants as from their residential address it is difficult on the part of the applicants to join their duties in the respective office at Abhoynagar. Furthermore, according to Learned Senior Counsel, the transfer memo is against the transfer policy of the State Government dated 11.10.2022 (Annexure-8 to the writ petition), wherein in para No.3 it is mentioned as under:
"3. Request from the State Government Employees with disability for transfer to or near their native places may also be given preference. Thus choice posting may be given to employees with Benchmark Disability as mentioned at Para-1 above to the extent feasible."
Further, in para No.5(b) of the said transfer policy mentioned as under:
"5.b) The posting/transfer of the govt. employees with disabilities is to be exempted from routine posting/transfer list and separate posting/transfer order is to be made for persons with disabilities."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv1ojHWs9pjjvgIPlrV58Fa1%2FeOs6E7%2FNYr6gYlAIWG16&caseno=WP(C)/45/2026&cCode=1&cino=TRHC010001102026&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.