ORDER

(Pronounced by The Hon'ble Mr. Varun Sindhu Kul Kaumudi, Member(A)

Through this original application the applicant sought the following relief “may pleased to quash the Impugned order dated 17.01.2017 bearing No. EFA/A/ADMIN/014/REPN and direct the respondent to grant promotion to the applicant to the post of HS from 20.05.2003 instead 05.03.2005 with all consequential financial and attended benefit in lieu it and to pass such or other order as this Hon’ble court may deem fit and proper in the circumstance of the case and thus render justice”.

2. Brief facts of the case, as submitted by the applicant are as follows: On 31.12.1997, the applicant was appointed in the respondent organization as Machinist, under Persons with Disability (PWD) quota. The applicant submits that he ought to have been promoted to the post of HS on 20.05.2003, itself, under the PWD Quota, but the reservation for physically disabled was not followed by the respondents and, finally, the applicant was promoted as HS, on 05.03.2005. The applicant was promoted to the post of HS-1 during grade restructuring. The applicant gave representation on 01.07.2006 to grant him promotion on 20.05.2003 itself, after implementation of reservation for PH Quota, but the same was not responded to by the respondent. The applicant has made representations to the respondent on 07.04.2016 & 14.11.2016. The applicant submits that, finally, the respondent passed the impugned order, on 17.01.2017, stating that the request of the applicant cannot be considered. Aggrieved by the same, the applicant has filed this present Original Application.

3. The learned counsel for the applicant, Mr. R. Rajesh Kumar, contended that the applicant has been making representations to consider his name on merits and to consider his HS promotion on 20.05.2003, the actual date on which the applicant ought to have been promoted to HS, as per the Reservation Roster for PWD, instead of 05.03.2005. He submitted that the respondents even after admitting that the Reservation Roster for the Disabled was not followed from 01.01.1996 to 01.01.2005, declined to give promotion to the applicant from the date on which the reservation for the Disabled fell due.

4. He further contended that the respondent ought to have implemented the reservation policy for Physically Handicapped as per Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, and the DOPT OMs No.36035/3/2004/ESTT (RES), dated 29.12.2005, and OM, dated 18.02.1997, bearing No.36035/7/95-Estt(SCT). He further contended that because of non- consideration of the application for promotion from 20.05.2003 instead of 05.03.2005, the applicant has lost an opportunity to be promoted to HS-1 earlier and the emoluments, in lieu of MACP were curtailed. He further contended that even though the applicant had made representations, the same had been rejected by the impugned order, which was cryptic.

5. He relied on the following decisions in support of his contentions and pleaded for the relief sought in the OA:

(i) Judgment, dated 07.07.2010, of the Hon’ble Apex Court in SLP (C)

No.14889 of 2009 (Para No.15)

(ii) Judgment, dated 28.06.2021, of the Hon’ble Apex Court in Civil Appeal No.59 of 2021 (Para No.12, 13, 19 & 20)

6. Per contra, the learned counsel for the respondents, Mr. G. Dhamodaran, vehemently opposed the submission of the applicant. He contended that, as per the applicant’s eligibility, he was promoted to HS-1 grade, under the PWD reservation, superseding his seniors in the normal category, with effect from 01.07.2006, and, thus, the contention of the applicant that the respondent suddenly changed the promotion date of the applicant, from 01.01.2006 to 01.07.2006 is totally false. As regards promotion of Master Craftsman/Chargeman Technical/Mechanical, there is no reservation for PWD category since these posts are categorized as Group ‘B’. As per DoPT OM No.36035/3/2004/ESTT (Res), dated 29.12.2005 (R-2), re