Transfer of a 40% disabled employee stayed pending consideration of his representation under the transfer policy.

The petitioner, an Assistant Teacher posted at Government Primary School, Bastipara Khisora, Block Magarload, District Dhamtari, challenged the transfer order dated 6 August 2026, whereby he was transferred to Government Primary School, Charbhatha, Block Kurud, District Dhamtari

The petitioner asserted that he had 40% physical disability and that the transferred posting was approximately 35 kilometres from his residence, causing considerable hardship in commuting

The State submitted that the applicable Transfer Policy constituted a Committee to consider grievances against transfer orders and permitted an aggrieved employee to submit a representation within 15 days under Clause 8

Whether the petitioner, being a person with 40% disability, was entitled to have his grievance against the transfer order considered by the Committee constituted under Clause 8 of the Transfer Policy

Whether the impugned transfer order should remain operative pending consideration of the petitioner’s representation by the Committee

The Court applied Clause 8 of the State Government’s Transfer Policy, which provides a mechanism for an employee aggrieved by a transfer order to submit a representation before the designated Committee within the prescribed period

The Court also applied the principle that an employee’s relevant personal circumstances, including physical disability and the resulting hardship in commuting, may be placed before the competent administrative authority for consideration under the applicable transfer policy

The Court did not adjudicate the merits of the transfer itself. It noted the petitioner’s specific claim of 40% disability and the alleged hardship arising from the posting approximately 35 kilometres from his residence

Since Clause 8 of the Transfer Policy provided an administrative remedy through the Transfer Grievance Committee, the Court directed the petitioner to invoke that mechanism. To ensure meaningful consideration of the grievance, the Court ordered that the Committee decide the representation within 25 days and temporarily stayed the operation of the transfer order insofar as it related to the petitioner

The impugned transfer order dated 6 August 2026 was stayed, insofar as it concerned the petitioner, for a period of 35 days

The petitioner was also permitted to bring the High Court’s order to the Committee’s notice