Court directs sympathetic consideration for disabled employee's transfer application despite missed deadline.

The applicant, Shri Chandrashekara, a visually handicapped person with 40% permanent disability, sought a transfer to the Research Extension Centre (REC), Chitradurga, near his native place, citing his disability, family circumstances, and over six years of service in Bangalore.

He submitted multiple representations for transfer between March 2023 and October 2024.

The respondents, in their reply statement, acknowledged the applicant's requests and his approach to the Chief Commissioner for Persons with Disabilities, stating his transfer request would be considered during upcoming Annual General Transfers (AGT).

A Circular dated November 25, 2024, invited fresh applications for AGT 2025, but the applicant did not submit a fresh application.

Subsequently, another Circular dated November 4, 2025, for AGT 2026, required fresh applications by December 20, 2025.

The applicant filed this Original Application on July 17, 2025, making the matter sub-judice when the AGT 2026 circular was issued.

Whether the respondents should be directed to consider the applicant's transfer request to REC, Chitradurga, in accordance with relevant transfer policies and disability provisions.

Whether the applicant is entitled to Transfer Travel Allowance (TTA) and other admissible benefits if the transfer is granted.

The court primarily considered the Central Silk Board Transfer Policy, 2018, the provisions of the Rights of Persons with Disabilities (RPwD) Act, 2016, and the Department of Personnel and Training’s Office Memoranda dated May 10, 1990, March 13, 2002, and February 2, 2024.

It also referenced directions issued by the Court of the Chief Commissioner for Persons with Disabilities, Government of India, via letter dated October 4, 2024.

The court found that despite the respondents' circulars requiring fresh applications for AGT 2025 and 2026, the applicant’s case was sub-judice before the Tribunal when the AGT 2026 circular was notified.

Considering the applicant's visually challenged status and the numerous representations he made, along with the respondents' prior commitment to consider his request during AGT, the court deemed it appropriate to extend the application time as a special case.

This approach allows for a sympathetic consideration of his disability as mandated by the RPwD Act and various government policies, overcoming the procedural lapse regarding fresh application submission due to the pending legal matter.

The Tribunal permitted the applicant to submit his transfer application to the respondents, in person and via email, within 10 days from the date of receipt of the certified copy of the order.

The respondents are directed to consider this application sympathetically as a special case for the year 2026, notwithstanding the prescribed time limit in the circular dated November 4, 2025, specifically taking into account his benchmark disability as a visually handicapped person.

No order was made as to costs.