09/25/2025

After promotion, disabled Employee entitled to Posting at Same Place under policy : Calcutta High Court

After promotion, disabled Employee entitled to Posting at Same Place under policy

Calcutta High Court in Anirban Pal v. Punjab National Bank & Ors. (MAT 1380/2024)on August 14, 2025 held that a policy mandating that disabled employees remain posted at the same place even after promotion is binding on the employer, particularly when framed under statutory and international obligations. The case concerned an employee with 70% disability who, after being promoted, was posted to Patna instead of Kolkata despite a policy framed under the Disabilities Act, 2005 and in line with India’s obligations under the UNCRPD. The Court observed that, unlike ordinary transfer policies, this policy had statutory and international backing and hence carried binding force. Accordingly, the Court held that the employee had a preferential right to be posted at Kolkata and could not be denied the legitimate benefit of the policy framed in pursuance of statutory and international obligations.

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