Mumbai: The Maharashtra Administration Tribunal (MAT) has intervened in favor of a 44-year-old Ahmednagar resident with 42% disability, directing his transfer to a position closer to his home. The petitioner, Riyaz Ahmed (name changed on request), a Sanad Clerk in the Land Record Department, was previously stationed in Nashik but sought a transfer to Ahmednagar due to his physical and mental health conditions, which necessitate family support.
Ahmed, who has served as a Sanad Clerk in the Nashik office since August 2021, suffers from a combination of impairments—30% due to low vision and 20% due to mental illness. He filed a petition stating that the transfer would alleviate his stress, as his family in Ahmednagar provides essential caregiving support.
Though his transfer was due as part of a routine tenure change—having served almost three years in Nashik—the Nashik office had delayed his request. His plea highlighted the provisions of both the Rights of Persons with Disabilities Act, 2016 and the Maharashtra Government Servants Regulation of Transfer and Prevention of Delay in Discharge of Official Duties Act, 2005. These laws mandate reasonable accommodations and prioritize transfers closer to a disabled employee’s residence.
The MAT directed the Deputy Director of Land Records, Nashik, to process Ahmed's transfer, emphasizing that his physical condition entitled him to a special transfer, in addition to his completion of the regular tenure. The tribunal also reinforced the need for public departments to comply with disability rights provisions, which were ignored in this case until Ahmed approached the tribunal.
Ahmed’s advocate, Prashant Nayak, said, “The applicant was entitled to a special transfer request as per the law, but this was ignored for a long time. This MAT order not only secures justice for Ahmed but also sets a precedent for others who are being denied their rightful transfer under similar circumstances.”
