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2025 Supreme(Online)(CHH) 3571

HIGH COURT OF CHHATTISGARH
RAHUL JHA, J
HITESH KUMAR SAHU – Appellant
Versus
COAL INDIA LIMITED – Respondent


Advocates:
Mr. Vivek Chopra, Advocate; Mr. Vaibhav Shukla, Advocate

Judgement Key Points

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CAV ORDER

1. Challenge in the instant Writ Petition is to the orders dated 15/05/2021 & 03/09/2021 (Annexure-P/1) passed by the Respondents, whereby, the Authority concerned without adhering to the statutory scheme for providing reservation of 4% to persons with disability, debarred the petitioner from promotion to the post Deputy Manager (Finance) in E-4 Grade.

2. (a) Case of the petitioner, in brief, is that the Petitioner is a differently abled person suffering from locomotor disability. A certificate in this regard has been issued by the appropriate authority. The Petitioner was initially appointed as Management Trainee (Finance) in the Respondent Department on 03/10/2015. After successful completion of the training period, he has been designated as Assistant Manager (F) on 15/05/2017.

(b) The grievance of the petitioner is that the respondents’ authorities while promoting Assistant Manager (F) in E-3 Grade, E-3 to the post of Deputy Manager (F) in E-4 Grade, E-4, did not follow the mandatory provision of the Rights of Persons with Disabilities Act, 2016 , The Act, 2016, and left out the case of the petitioner by not promoting him on the post of Deputy Registrar (F) in E-4 Grade.

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