Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service law: Promotion - On selection post - Claim for - By the handicapped officer whose medical category was A4G4 (P) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Promotion - On selection post - Claim for - By the handicapped officer, whose medical category was A4G4 (P) -Alleging discrimination in the matter of consideration for promotion,as officers with more percentage of disability were granted promotion - Application dismissed - On appeal, held: Medical Category of the appellant-officer is assessed on the basis of parameters specified in the Guide to Medical Officers (Military Pensions) 2008 - There is no reason to doubt the medical assessment of the appellant categorising him as A4G4 (P) by the Medical Board- The categorisation is based on several factors and not singularly dependant on the percentage of disability - Promotion to the post of JWO is a select promotion hedged with the medical fitness eligibility criterion - Mere emplacement in the list of candidates due for promotion, would not create any vested right in the candidate to be promoted - The claim for promotion would depend on the fulfilment of eligibility requirements as per the promotion policy prevalent at the relevant time - The appellant did not possess the medical fitness qualification for being considered for select promotion to the post of JWO.Persons with Disabilities (Equal Opportunities, Protection of Right and Full Participation) Act, 1995: s. 47(2)- Benefit under - Claim for - Held: The provision under sub-section (2) is not im absolute stipulation. but subject to the proviso - The proviso empowers the appropriate Government to exempt any establishment from its application, by issuing notification in that behalf- In the present case, notification was issued exempting the establishment, in which the appellant was employed, at the relevant time from the application of the provisions of the Act -Therefore, the appellant cannot claim benefit uls. 47(2) - Service |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2017 INSC 662 |
Petitioner | Sgt Chaman Lal |
Respondent | Union Of India And Others |
SCR | [2017] 8 S.C.R. 476 |
Judgement Date | 2017-07-25 |
Case Number | 8834 |
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