Supreme Court of India
Net Ram Yadav v. The State of Rajasthan & Ors.
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What the Court ordered
We hold that the said Explanation can have no manner of application to handicapped candidates who seek transfer to a place near their ordinary residence in terms of a beneficial Office Order/ Circular issued for their benefit.
Judgment, page 13
From the headnote
Service Law – Downgradation in Seniority of disabled person – Challenge to – Appellant, a handicapped, was work ing as a Government senior teacher – He was posted 550km away from hi s place of residence – The State issued circular directing to post person with disabilities at or near the place for which they opt at the time of appointment – Appellant made representation – He was transferred near his permanent residence – As a con sequence, he was downgraded in his seniority – Aggrieved, appellan t filed writ petition, which was dismissed – On appeal, held: The re duction of seniority of the
Authorities it was built on
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