Provisions of law supersede contractual arrangements: Delhi High Court reiterates

A disabled employee aggrieved by the transfer order issued by employer filed a writ petition before single judge bench of Delhi High Court stating that transfer would hinder his cure given his medical condition and ongoing treatment along with that it was argued, transfer was influenced by interpersonal problems between him and co-workers. The single judge bench relying on the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955 and the circulars/OMs issued by DoPT set aside the transfer order. The employer filed appeal before the division bench of Delhi High Court. The division bench in this LPA 133/2024 and C.M. No. 9793/2024 observed that the employer has burden to prove transfer order was passed due to administrative exigencies or constrains. Further contractual arrangement between parties including an employment contract is always subordinate to the legislative framework governing the field occupied by the subject contract. Thus, the division bench upheld the previous decision of setting aside the transfer order.