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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 :
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.
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 disabled persons on 02.07.1999. However, a physical test for promotion to the post of Inspector was conducted. This was challenged in W.P (MD) No.9993 of 2007. The High Court had directed the respondent’s promotion to the post of Inspector of Central Excise on notional basis. Inspite of such direction, the writ petitioners insisted the respondent to undergo a physical test again. This forced the respondent to file OA No.735 of 2011 . The Tribunal had di
Promotion to public service roles must consider the rights of disabled individuals, ensuring no discrimination based on physical attributes, in alignment with existing laws.
(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.
Persons with disabilities are entitled to promotion under the Disabilities Act, 2016, and must be considered for such promotions as per the law.
Reservation in promotion for Persons with Disabilities requires identification of suitable posts; without such identification, no legal right to promotion exists.
The court established that additional minor disabilities should not disqualify candidates with 40% or more disability in one leg from public employment, reinforcing the principles of equality and non....
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