Allahabad HC Pulls Up UP Govt for Denying Transfer to Employee with Disabled Child
Court termed the decision an instance of “administrative insensitivity” and directed posting near medical facilities
The Allahabad High Court slams UP Govt for “administrative insensitivity” in denying transfer to employee with disabled son
The Allahabad High Court at Lucknow bench recently came down heavily on the Uttar Pradesh government for showing “administrative insensitivity” in denying a transfer request to an employee whose son suffers from a 50% permanent mental disability.
Court directed the State to issue appropriate transfer orders within two weeks, observing that bureaucratic rigidity cannot override humanitarian considerations.
The bench of Justice Manish Mathur, while allowing a writ petition filed by Santosh Kumar Verma, quashed the order dated June 17, 2025, by which Verma’s representation for transfer from Mainpuri to Ayodhya or any nearby district was rejected.
Court observed that the decision-making authority “was completely unconcerned” with the medical condition of the petitioner’s son and failed to apply the protective provisions of the Rights of Persons with Disabilities Act, 2016, and relevant government orders.
Verma, employed as a Senior Assistant in the Medical and Health Department, was transferred from Ayodhya to Mainpuri in 2021 after serving in Ayodhya for over 13 years. He sought re-transfer, citing his son’s condition of mental retardation and the absence of psychiatric or neurophysician facilities in Mainpuri. Supporting documents submitted to the court, including a certificate from the Chief Medical Officer, Mainpuri, confirmed that no such specialists were available in the district.
However, his plea was rejected on administrative grounds, with the department noting that 20 out of 54 sanctioned posts in Mainpuri were vacant and that he had already served long in Ayodhya. The State maintained that “transfer is an incidence of service” and employees cannot demand postings of their choice.
Court, however, strongly disagreed. “A perusal of the impugned order and counter affidavit indicates an example of administrative insensitivity,” Justice Mathur observed, adding that the decision reflected a lack of understanding of the needs of disabled dependents.
Court particularly criticized a paragraph in the State’s counter affidavit suggesting that since Agra had an Institute of Mental Health, the petitioner could take his son there for treatment. Calling this reasoning “a sorry state of affairs,” the court said it was “evident that the officer concerned failed to distinguish between mental retardation and mental illness".
The bench also highlighted that the State had ignored Paragraph 5(iv) of its own Government Order dated May 6, 2025, which explicitly provides that employees with disabilities should be exempted from transfers and should be considered for suitable postings.
“The authorities have not denied the extent of disability nor the lack of medical specialists in Mainpuri,” the judge remarked, holding that such apathy towards the needs of disabled dependents defeats the very purpose of welfare-oriented policies.
Finding the government’s stance unjustified, the High Court directed the Secretary, Medical Health and Family Welfare Department, to post the petitioner in Ambedkar Nagar, where 12 vacancies for the post of Senior Assistant were reported.
Case Title: Santosh Kumar Verma vs. State Of U.P. vs Another
Order Date: September 12, 2025
Bench: Justice Manish Mathur