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1997 Supreme(SC) 237
SUPREME COURT OF INDIA
G B Pattanaik, G N Ray
GENERAL MANAGER, STATE BANK OF SAURASHTRA, APPELLANT
VERSUS
VINOD CHANDRA SHAH, RESPONDENT.
Civil Appeal No. 778 of 1997 (Arising out of SLP (C) No. 11125 of 1996), decided on February 10, 1997.
The court balanced the need for promotion with the special circumstances and hardship of the seriously handicapped respondent, allowing for consideration of promotion within a specified radius and the option to remain in the current post at Ahmedabad.
Headnote:
Promotion - Special Circumstances - Hardship
Fact of the Case:
The respondent, who is seriously handicapped and has personal difficulties, requested to be considered for promotion at a station within about 115 kilometres radius from Ahmedabad due to his circumstances.
Finding of the Court:
The court directed the appellant to consider the respondent's case for promotion either at Ahmedabad or at any other suitable place within the specified radius. If the respondent chose not to accept the promotion due to his handicapped condition and personal difficulties, he would be permitted to remain in his current post at Ahmedabad, without precluding him from being considered for future promotion at or near Ahmedabad.
Issues: Consideration of promotion for a seriously handicapped individual with personal difficulties and the option to remain in the current post at Ahmedabad.
Ratio Decidendi: The court considered the special facts of the case, including the respondent's serious handicap and personal difficulties, and balanced the need for promotion with the respondent's circumstances.
Final Decision: The appeal was disposed of without any order as to costs, with the direction for the appellant to consider the respondent's promotion within the specified radius and the option for the respondent to remain in his current post at Ahmedabad if he chose not to accept the promotion due to his circumstances.
ORDER
1. Leave granted.
2. Heard learned counsel for the parties. Considering the facts and circumstances of the case and after taking note of the submissions made by the learned counsel for the respondent that the respondent is prepared to go out of Ahmedabad on promotion if his posting on such promotion is made at any station which is not beyond a distance from Ahmedabad by about 115 kilometres in radius, we direct that the appellant will consider the case of petitioners posting on promotion either at Ahmedabad or at any other suitable place where such vacancy exists if such station is within about 115 kilometres radius from Ahmedabad. If on offer of such promotion with posting in such station, the respondent, because of his handicapped condition and other personal difficulties, is not prepared to go on promotion by leaving Ahmedabad for the present, the respondent will have to forego such promotion. In that event, the respondent will be permitted to remain on the present post held by him at Ahmedabad. Such option of the respondent in foregoing promotion for the purpose of staying at Ahmedabad will not preclude the respondent for being considered for promotion in future if the respondent can be accommodated on promotion either at Ahmedabad or at places near about Ahmedabad. Such direction is given on considering the special facts of the case and the hardship of the respondent who is seriously handicapped and has lost his wife and is to look after his daughters. The appeal is accordingly disposed of without any order as to costs.
