MAHESH KUMAR PANDEY Vs. CHAIRMAN, COAL INDIA LIMITED

JUDGEMENT

(1.) Invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, the petitioner herein has filed this writ petition stating inter alia that he being the Junior Data Entry Operator (non-executive cadre) working in South Eastern Coalfields Limited (SECL), Hasdeo Area, District Korea, pursuant to the notification dated 8-3-2010, applied for the promotional post of Welfare / Personnel in E-1 (Executive 1) under physically handicapped quota (general), but his candidature for promotion on the said post was not considered against physically handicapped category and the same has been rejected, whereas, he being physically handicapped candidate is entitled to be considered in that category and he is entitled to be promoted on the said post, therefore, appropriate writ / direction be issued to the respondents for consideration of his case on the promotional post of Welfare / Personnel in E-1 and subsequently, appointment order be directed to be issued in his favour.

(2.) Return has been filed by the respondents stating inter alia that the existing policy or guidelines of the Government of India does not provide for any reservation for physically handicapped person on departmental promotion from non-executive cadre to executive cadre and as such, the petitioner is not entitled for any relief and the writ petition is liable to be dismissed. It has been further stated in the return while replying to para 8.5 of the writ petition that notification dated 8-3-2010 for selection / promotion from non-executive cadre to executive cadre in various disciplines has been issued and the said notification was meant for promotion on selection of existing non-executive cadre employees from non-executive cadre to executive cadre, it was not a direct recruitment and therefore the petitioner is not entitled to be considered for promotion on the promotional post under physically handicapped quota by virtue of the provisions contained in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, 'the Act of 1995 ').

(3.) This Court by order dated 29-9-2021 directed the respondent SECL to file additional affidavit as to whether the petitioner 's case for promotion on the post of Welfare / Personnel in E-1 was considered against the physically handicapped category or not and whether the post of Welfare / Personnel in E-1 was reserved for physically handicapped person.