Rajasthan High Court Quashes 1,000-Kilometre Transfer of Thalassemia Patient’s Caregiver

The Rajasthan High Court set aside UCO Bank’s transfer of an employee who was the primary caregiver of his younger brother with severe thalassemia.

Background

The transfer would have moved the employee about 1,000 kilometres away from the dependent family member, who requires regular blood transfusions. The dependency was recorded in bank service records.

Legal issue

The dispute required reconciliation of the bank’s general transfer policy with its Equal Opportunity Policy protecting caregivers of persons with specified disabilities.

Court’s approach

Justice Anoop Kumar Dhand held that the bank mechanically applied its transfer rules and ignored a binding reasonable-accommodation policy framed under Section 21 of the Rights of Persons with Disabilities Act. The rejection of the employee’s representation was not adequately reasoned.

What follows

The transfer was quashed and the employee was allowed to continue at his existing posting. Future transfers are not absolutely barred but must account for caregiving and medical facilities.