Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law – Downgradation in Seniority of disabled person |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law – Downgradation in Seniority of disabled person – Challenge to – Appellant, a handicapped, was working as a Government senior teacher – He was posted 550km away from his place of residence – The State issued circular directing to post person with disabilities at or near the place for which they opt at the time of appointment – Appellant made representation – He was transferred near his permanent residence – As a consequence, he was downgraded in his seniority – Aggrieved, appellant filed writ petition, which was dismissed – On appeal, held: The reduction of seniority of the Appellant in the State List is totally arbitrary, unreasonable and discriminatory – In the impugned judgment of the High Court, reference was made to the Explanation to Sub-Rule (10) of Rule 29 of the Rajasthan Educational Subordinate Service Rules, 1971 – On perusal of the said explanation, it appears that the same applies to employees in general to discourse transfers on request – Those candidates who makes transfers on request are to incur loss of seniority in the transferee district and/or zone – However, the handicapped candidates were conferred a special benefit by a circular issued by the State Government – Exclusion of the benefit of the circular to handicapped employees already in employment at the time of its issuance, would violate the fundamental right of those employees to equality u/Arts. 14 and 16 of the Constitution of India – The respondents directed to restore the seniority of the appellant in the State to its original position. |
Judge | Hon'ble Ms. Justice Indira Banerjee |
Neutral Citation | 2022 INSC 822 |
Petitioner | Net Ram Yadav |
Respondent | The State Of Rajasthan & Ors. |
SCR | [2022] 7 S.C.R. 101 |
Judgement Date | 2022-08-11 |
Case Number | 5237 |
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