Calcutta High Court says disabled employees can stay in same posting even after promotion

The Calcutta High Court held that disabled employees are entitled to remain posted at the same place even after promotion under policies framed pursuant to the Disabilities Act, 2005 and India’s international obligations under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).

The Court emphasised that such policies are binding, and denial of posting violates equality under Articles 14 and 16. The petitioner, with 70% disability, had sought reversion due to hardship at Patna, which the Court found involuntary.

Rejecting the Bank’s argument of delay and non-binding policy, it ruled that departmental guidelines ensuring disability-friendly postings carry statutory force.

The impugned order was partly set aside.

[Anirban Pal v Punjab National Bank & Ors]