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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Jaswinder Singh – Appellant
Versus
Punjab State Power Corporation Ltd – Respondent
JUDGMENT :
HARPREET SINGH BRAR, J.
1. The present writ petition has been filed under Article 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing of the speaking order dated 11.03.2025 (Annexure P-18) and further prayed for issuance of a writ in the nature of mandamus directing respondents No.1 and 2 to promote the petitioner to the post of Assistant Engineer, Electrical in the 4% quota under physically handicap (in short ‘PH’) category as juniors of the petitioner have already been promoted on 16.07.2023 (Annexure P-5).
2. Learned counsel for the petitioner inter alia contends that the juniors to the petitioner have been promoted, whereas, the petitioner has been denied the promotion to the post of Assistant Engineer Electrical meant for persons with disabilities in view of Sections 33 and 34 of Rights of Persons with Disabilities Act, 2016 (in short ‘RPWD Act’). The case of the petitioner is identical with the other persons who have been promoted in the physically handicap category. Initially the petitioner was appointed to the post of Junior Engineer under the Schedule Class category in the respondent-Corporation on 17.06.2014. Ther
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.
(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....
Shifting disabled employee to new post under Section 47 does not require counting prior service for new cadre seniority; existing employees' seniority protected; promotion denial valid if lacking min....
Persons with disabilities are entitled to promotion under the Disabilities Act, 2016, and must be considered for such promotions as per the law.
Only in those cases that the Government is of the view that the posts in the promotional cadres cannot be reserved for the PwD category due to functional or other reasons, the same cannot be used as ....
A disabled employee's entitlement to pay fixation and promotion cannot be denied based on medical de-categorization, as it violates constitutional equality rights.
Reservation in promotion for Persons with Disabilities requires identification of suitable posts; without such identification, no legal right to promotion exists.
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