1 OA No. 339/2022

Central Administrative Tribunal

Principal Bench: New Delhi

OA No. 339/2022

Order reserved on: 12.12.2022

Order pronounced on: 23.01.2023

Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Mr. Anand S. Khati, Member (A)

1. Sh. Amit Yadav

S/o Sh. Mukesh Kumar Yadav

R/o RZF-503, 3^rd floor, Netaji Subhash Marg,

Raj Nagar Part-2, South West Delhi

Delhi-110077

Age 29 years, Group C

....Applicant

(By Advocate: Mr. Prashant Kumar with

Mr. Kaoliang Poukanei)

Versus

1. Comptroller & Auditor General

Through its Chairman

Comptroller & Auditor General of India,

Pocket-9, Deen Dayal Upadhyaya Marg,

New Delhi-110124.

2. Staff Selection Commission

Through its Chairman,

Block No.12, CGO Complex,

Lodhi Road, New Delhi-110003.

... Respondents

(By Advocate: Mr. S.S.Hooda and Mr. Piyush Gaur)

ORDER

By Hon'ble Manish Garg, Member (J)

In the present OA, the applicant is seeking following

reliefs and interim relief:

2 OA No. 339/2022

“Relief:

1. Appointment of applicant be made for the post of

Auditor in CAG at the earliest and appointment be

considered from the date if accrued.

2.

The Applicant‟s Seniority & other benefits not to be

hampered.

3.

The posting prospects of the applicant should not be

hampered and as a matter of revenge should be given any

punishment posting but rather as per his state selection

preference after decision of the judgment.

Interim Relief:

Pass any order/direction restraining the respondents from

allotting the sub judice vacancies to any other candidate or

carry forward the vacancy in the subsequent years till the

finality of decision of this Hon‟ble Court.”

2. Brief facts:-

2.1 The applicant is a person with benchmark disability

(PwBD) having a disability of 55% under the Mental illness

category suffering from Obsessive Compulsive Disorder (OCD)

& Bipolar disorder. He has been on medication for the same

since 2017.

2.2 He is currently working with Punjab & Sind Bank,

Rewari, Haryana as Probationary Officer on regular basis

from 10^th June 2022.

2.3 Prior to this, he was working as a Multi Tasking Staff at

the Ministry of Defence since 11.10.2021 under PwBD

category.

2.4 The Staff Selection Commission (SSC), respondent No.2

herein, conducted Combined Graduate Level Examination,

2018 (CGLE-2018) for filling up Group-B & C posts. He

appeared in the recruitment process and successfully

3 OA No. 339/2022

qualified the exam and was recommended for appointment as

Auditor in Comptroller and Auditor General (CAG) of India,

respondent No.1 herein but the dossiers of the applicant were

returned by CAG to SSC on 28.09.2019 claiming that the

applicant is not suitable for the post of Auditor and that he

may be re-allocated to any other suitable department.

2.5 It is submitted that the applicant belongs to the category

of “Person with benchmark disability” defined u/s 2 (r) of the

Rights of Persons with Disabilities Act, 2016 (RPWD Act)

which came into effect from 19.04.2017 repealing old Persons

with Disabilities (Equal Opportunities, Protection of Rights

and Full Participation) Act, 1995 (PWD Act). While the old

law under Section 33 provide for 3% reservation for 3

categories, the new law provides for 4% Reservation under

corresponding Section 34. The Section 34 provides for

another 1% reservation jointly for two new recognized

categories PwBDs under clauses (d) & (e) of sub-section 1 of

Section 34. PwBDs with Autism, Intellectual Disability,

Mental Illness (MI), Specific Learning Disability (SLD) have

been categorized under