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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
Union of India Rep. by Revenue Secretary to the Government of India, Ministry of Finance, Department of Revenue, New Delhi – Appellant
Versus
S. Annanda Padmavathi – Respondent
| Table of Content |
|---|
| 1. factual background and context of the case. (Para 1 , 2 , 3 , 4) |
| 2. arguments regarding eligibility and promotions. (Para 5 , 7 , 8) |
| 3. court's analysis on discrimination and rights. (Para 6 , 10 , 12 , 23) |
| 4. conclusion of writ petition dismissal. (Para 9 , 24) |
| 5. legal standards for disability and promotion. (Para 11 , 13 , 21) |
ORDER :
C.V. Karthikeyan, J.
The respondents in OA No.1505 of 2016, on the file of the Central Administrative Tribunal, Chennai, aggrieved by an order dated 05.12.2024 are the writ petitioners herein.
2. OA No.1505 of 2016 had been filed seeking a direction against the writ petitioners to withdraw the condition laid down in their letter dated 17.12.2008 that required a physical test to be undergone to hold the post of Inspector Central Excise and to confirm the respondent’s promotion in the grade of Inspector and promote her to the grade of Superintendent from the respective dates of entitlements with consequential benefits.
3.It is the case of the respondent that she had joined the services as an Upper Division Clerk on 14.07.1994 under the disability quota. One post of Inspector of Central Excise was identified as a suitable position for disabl
Promotion to public service roles must consider the rights of disabled individuals, ensuring no discrimination based on physical attributes, in alignment with existing laws.
Persons with benchmark disabilities entitled to 4% reservation in promotion to identified posts irrespective of mode, notionally from 30.06.2016 subject to eligibility via review committee; supernume....
(1) Total number of vacancies in cadre strength would include vacancies to be filled in by nomination as well as by promotion.(2) Absence of rules to provide for reservation in promotion would not de....
The court ruled that candidates with disabilities must not be discriminated against based on their degree of disability, ensuring equal treatment in public employment.
Employees acquiring disability during service are entitled to promotion benefits under the PH quota, irrespective of the timing of their disability acquisition as confirmed by the RPWD Act.
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