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2023 Supreme(Bom) 690

ROHIT B. DEO, VRUSHALI V. JOSHI
Shyamkumar S/o. Pandurang Wankhede – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mrs. Rani G. Nitnaware, Advocate
For the Respondent:Mrs. Mugdha R. Chandurkar, Advocate

JUDGMENT :

ROHIT B. DEO, J.

Petitioner who is superannuated from the Central Reserve Police Force (CRPF), is assailing, inter alia, the communication-cum-order dated 04-7-2018 (Annexure-A) whereby the petitioner is not extended the protective umbrella of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act of 1995) on the premise that all categories of posts of “Combatant Personnel” of the CRPF are exempted from the provisions of Section 47 of the Act of 1995 in view of the Government of India Notification dated 10-9-2002. The petitioner is held ineligible for promotion to the rank of Assistant Commander (Ministerial) on the premise that he does not satisfy the medical eligibility condition of SHAPE-1 category.

2. The litigation has a chequered history.

(a) The petitioner was appointed in the 3rd Battalion of CRPF as Assistant Sub-Inspector (Clerk) on 08-06-1988.

(b) The petitioner was hospitalized at the Base Hospital-II of the CRPF of Hyderabad from 04-7-1999 to 19-7-1999 and was diagnosed as suffering from “Schizoaffectiv

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