The Rajasthan High Court has criticized the State Government for arbitrarily posting a 30-week pregnant woman 500 kilometers away from her residence despite the availability of numerous vacancies near her home. The court termed the action as a “highly arbitrary and mechanical exercise,” stating it violated the woman’s fundamental rights, including her right to health, safe working conditions, and livelihood under Article 21 of the Constitution.
Court Criticizes State’s Approach
Justice Arun Monga, presiding over the case, observed that the State failed to act as a model employer and a virtuous litigant. Instead, the approach was described as “obstructive, oppressive, and an abuse of power.” The court remarked that the State’s actions demonstrated a lack of sensitivity and disregard for basic human values.
“The respondents’ conduct reflects a complete misuse of their dominant status as an employer, which is unacceptable,” Justice Monga stated.
Case Background
The petitioner, a successful candidate for the post of Nursing Officer, had provided nearly 100 preferences for her posting within the Udaipur division. However, she was assigned a posting 500 kilometers away from her residence, with an early joining date. The joining letter warned that failure to report on the specified date would lead to automatic cancellation of her appointment.
Given her advanced stage of pregnancy and the unreasonable conditions imposed, the petitioner approached the court, arguing that the posting violated her constitutional rights.
Court’s Observations
After hearing the arguments, the court noted that the State’s decision lacked compassion and sensitivity, especially considering the petitioner’s medical condition. The bench highlighted that there was no evidence to suggest that vacancies were unavailable in the Udaipur division, making the decision to post her far from home unjustifiable.
“Imposing such unreasonable conditions that threaten her employment due to legitimate personal and medical reasons infringes upon her Right to Livelihood under Article 21,” the court observed.
Directions Issued
The High Court directed the State to assign the petitioner a suitable posting within Udaipur. Additionally, her joining date was extended until a decision regarding her reassignment was finalized. The court emphasized the need for the State to uphold its responsibility as a fair and considerate employer.