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India: Calcutta HC rules disability no bar to bank promotion

Calcutta High Court

The Calcutta High Court, in favor of an employee of a nationalized bank, reaffirmed that physical disability should not impede career advancement. After being promoted and transferred, the employee faced demotion. Justice Rajasekhar Mantha ordered the bank to reinstate the promotion, pay arrears, and adjust the salary within three weeks, reported Times of India.

The case dates back to 2018 when Anirban Pal, who has a 70% disability from a motor accident, participated in the promotion process to scale-grade IV. Initially promoted, Pal was subsequently transferred to Patna, despite his plea citing his caregiving responsibilities in Kolkata for his parents and father-in-law. Unable to manage, Pal requested to be demoted and relocated to Kolkata at grade III.

“Pal had also approached the Chief Commissioner for Persons with Disabilities, who supported his request for exemption from transfer. Despite this, the bank transferred him and falsely informed the commissioner that he was stationed in Kolkata,” explained Pal’s lawyer, Srijib Chakraborty.

The court ruled that the bank’s actions contravened its own guidelines against transferring persons with disabilities and highlighted multiple promotional processes that occurred without accommodating Pal’s situation.

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