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CENTRAL ADMINISTRATIVE TRIBUNAL
Justice Akhil Kumar Srivastava, J, Mallika Arya, AM
Mukesh Kumar Mishra – Appellant
Versus
Bharat Sanchar Nigam Limited – Respondent
| Table of Content |
|---|
| 1. eligibility conditions for promotion must be fulfilled. (Para 1 , 2) |
| 2. delay and prior orders impact eligibility for promotions. (Para 3 , 4) |
| 3. compliance with notification requirements is critical for service benefits. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 4. application dismissed due to lack of merit. (Para 12) |
ORDER
By Mallika Arya, AM:
The applicants herein are persons with disabilities who are challenging the promotion to the post of JTO (IT) carried out in terms of the notification dated 06.02.2013. The notification takes care of the vertical reservation with regard to the Scheduled Castes and Scheduled Tribe but it does not cater to Horizontal reservation available to the physically handicapped incumbents as per 33 of the PWD Act 1955. The applicants were not allowed to take part in the examination of JTO which was held on 06.02.2013 as notified vide Annexure A/1 (6.02.2012). The applicants approached the Chief Commissioner for Persons with Disabilities (CCPD) under case No. 2644/2002 wherein the CCPD vide order dated 22.08.2003 (Annexure A/2) held as follows:
“In the facts and circumstances of the case, if the respondents decide to maintain reservation registe
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