JUDGMENT : A.Muhamed Mustaque, J. The respondent herein, Shri T. Rajeev is a differently abled person with 60% locomotor disability arising out of post-polio residual paralysis. Shri. Rajeev, while working as a Senior Grade Typist in the Motor Vehicles Department, approached the Tribunal with two different original applications. His prayers were that he should be posted at a convenient place conducive for him to work as a Senior Grade Typist and also to set aside the disciplinary action initiated against him. 2. The Tribunal vide a common order in O.A.(EKM) Nos. 52/2020 and 1163/2021, dated 11/11/2021, set aside the disciplinary action and directed the official respondents to pass orders on the application for inter-departmental transfer. This inter-departmental transfer was sought by Shri. Rajeev, pointing out that he was unable to climb the upper floor of the building where the office of the Motor Vehicles Department is located and he may be posted as LD Typist in the Thalappilly Subdivision office of the Irrigation Department, located on the ground floor of the same building. 3. While making the request, Shri Rajeev had specifically pointed out that it is on account of his physical disability that he was seeking a transfer to a place where he can work. 4. The Government considered his request and vide order dated 13/07/2022, rejected it, stating that his request for inter- departmental transfer cannot be considered in light of the relevant Government Order, and that there is no provision to protect the pay upon transfer to a lower post. The rejection was also based on the ground that inter-departmental transfer is limited to 10% of vacancies occurring in the department. In fact, this was passed overlooking the order of the Tribunal in O.A.(EKM) Nos. 52/2020 and 1163/2021, dated 11/11/2021, which specifically directed the Government that his application shall be considered in the light of the provisions under the Rights of Persons with Disabilities Act, 2016 and also resorting to Rule 39, Part II, KS&SSR, 1958. Shri Rajeev appears to have filed a contempt petition (EKM) No. 143 of 2022 in O.A.(EKM) No. 52/2020. Finally, apprehending contempt action, the Government passed an order on 29/11/2022 allowing his claim invoking Rule 39, Part II, KS&SSR, 1958 and ordered posting him as LD Typist at Thalappilly Sub Division Irrigation Office. Shri Rajeev appears to have filed a contempt petition (EKM) No. 143 of 2022 in O.A.(EKM) No. 52/2020. Finally, apprehending contempt action, the Government passed an order on 29/11/2022 allowing his claim invoking Rule 39, Part II, KS&SSR, 1958 and ordered posting him as LD Typist at Thalappilly Sub Division Irrigation Office. It is to be specifically adverted here that the Government, while passing such an order, did not reject the claim made by Shri Rajeev in his application for transfer regarding the protection of his pay in the post he was holding in the Motor Vehicles Department. The Government, while passing the order dated 29/11/2022, issued a direction that his pay be fixed by the Irrigation Department in consultation with the Finance and Law Department. Thereafter, Shri Rajeev entered the service of the Irrigation Department. He was paid only the salary applicable to an LD Typist, which is a reduced salary compared to the salary drawn by him as a Senior Grade Typist in the Motor Vehicles Department. Shri Rajeev challenged this action before the Tribunal. The Tribunal, after adverting to the provisions of the Rights of Persons with Disabilities Act, 2016 , ordered that Rajeev is entitled to a salary of a Senior Grade Typist and any reduction of his salary would violate the provisions of the Rights of Persons with Disabilities Act, 2016 . 5. This original petition is filed by the State questioning the order of the Tribunal. 6. We heard the learned Government Pleader, Adv. Varghese and the learned counsel for the respondent, Adv. Waheeda Babu. 7. We shall advert to the case of Shri Rajeev from the perspective of the Rights of Persons with Disabilities Act, 2016 . 7.(i). Section 3 of the Rights of Persons with Disabilities Act, 2016 states as follows: “3. Equality and non-discrimination.—(1) The appropriate Government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others. (2) The appropriate Government shall take steps to utilise the capacity of persons with disabilities by providing appropriate environment. (3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim. (4) No person shall be deprived of his or her personal liberty only on the ground of disability. (3) No person with disability shall be discriminated on the ground of disability, unless it is shown that the impugned act or omission is a proportionate means of achieving a legitimate aim. (4) No person shall be deprived of his or her personal liberty only on the ground of disability. (5) The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities.” 7(ii). Section 20 (1), 20 (2) of the Rights of Persons with Disabilities Act, 2016 reads as follows: “20. Non-discrimination in employment.—(1) No Government establishment shall discriminate against any person with disability in any matter relating to employment: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section. (2) Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability.” 7.(iii). Section 45 of the Rights of Persons with Disabilities Act, 2016 mandates as follows: “45. Time limit for making existing infrastructure and premises accessible and action for that purpose.—(1) All existing public buildings shall be made accessible in accordance with the rules formulated by the Central Government within a period not exceeding five years from the date of notification of such rules: Provided that the Central Government may grant extension of time to the States on a case to case basis for adherence to this provision depending on their state of preparedness and other related parameters. (2) The appropriate Government and the local authorities shall formulate and publish an action plan based on prioritisation, for providing accessibility in all their buildings and spaces providing essential services such as all primary health centres, civil hospitals, schools, railway stations and bus stops.” 8. A combined reading of the above provisions makes it clear that it is the duty of the Government to ensure that the infrastructure facilities in public places are accessible to the differently abled persons. The physical environment of a building must be friendly to differently abled persons. If there is a failure on the part of the Government to provide such facilities, a Government servant cannot be forced to work against his bodily ability. If any public place remains inaccessible to differently abled persons, that failure cannot be construed to their detriment. The physical environment of a building must be friendly to differently abled persons. If there is a failure on the part of the Government to provide such facilities, a Government servant cannot be forced to work against his bodily ability. If any public place remains inaccessible to differently abled persons, that failure cannot be construed to their detriment. A differently abled person cannot be subjected to disciplinary or other actions due to the Government’s failure to provide a physical environment conducive to his abilities. In this case, instead of the Government finding a solution, Shri Rajeev himself found a solution to his problem by seeking an inter- departmental transfer to the irrigation department. While seeking a transfer, he made a condition that his pay shall be protected. Thus, it is clear that if the Government were to effect the inter– departmental transfer of Shri Rajeev, the Government would be bound to ensure the protection of his pay. The Government cannot allow his transfer and deny his pay protection. If the Government is not inclined to protect his pay, then he shall be repatriated to the Motor Vehicles Department. If Shri Rajeev is repatriated to the Motor Vehicles Department, he can be assigned the duties and work that are in conformity with his rights under the Rights of Persons with Disabilities Act, 2016 . 9. As rightly noted by the Tribunal, this is not a matter to be dealt with under the existing Government order but rather under the provisions recognising his rights under the Rights of Persons with Disabilities Act, 2016 . 10. It is the statutory duty of the Government to provide a physical environment conducive to his abilities. In view of the fact that the Government is not willing to protect his pay in the irrigation Department, we are of the view that the impugned order is to be set aside. Accordingly, we set aside the impugned order. The Government has to repatriate him to the Motor Vehicles Department. We make it clear that he cannot be forced to work by climbing the upper floor using the staircase. He shall be provided with an environment conducive to his abilities. Appropriate orders shall be passed by the Government within one month. Accordingly, we set aside the impugned order. The Government has to repatriate him to the Motor Vehicles Department. We make it clear that he cannot be forced to work by climbing the upper floor using the staircase. He shall be provided with an environment conducive to his abilities. Appropriate orders shall be passed by the Government within one month. Shri Rajeev was continuing as LD Typist in the Irrigation Department, based on an unsustainable order passed by the Government, which did not negate the protection of pay while inter-departmental transfer was allowed. In such circumstances, Shri Rajeev is entitled to the pay as applicable to the Senior Grade Typist till his repatriation. The original petition is allowed as above.