CHAIRMAN, COAL INDIA LIMITED Vs. MAHESH KUMAR PANDEY

JUDGEMENT

(1.) Heard Mr. Abhishek Sinha, learned Senior Advocate with Mr. Vaibhav Shukla and Mr. Himanshu Yadu, Advocates for the petitioner and Mr. Sabyasachi Bhaduri, Advocate for the respondent.

(2.) Brief facts of the case are that the respondent had filed a writ petition bearing WPS No.123/2013 before the learned Single Bench on the ground that he being the Junior Data Entry Operator (non Executive cadre) working in the SECL, Hasdeo Area, District Korea applied for the promotional post of Welfare/Personnel in E-1 pursuant to the notification dtd. 8/3/2010 under physically handicapped quota (general), but his candidature for promotion on the said post was not considered against physically handicapped category and the same was rejected, against which he filed writ petition before the learned Single Judge and the same has been allowed. The appellants strongly opposed the contention of the petitioner in the writ petition on the ground that the existing policy or guideline 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, as such the petitioner is not entitled to any relief and prayed for dismissal of the writ petition. It was further contended by the appellants that the notification dtd. 8/3/2010 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, therefore, the petitioner is not entitled to be considered for promotion.

(3.) Learned Single Judge allowed the petition of the respondent and observed in para 20 as under:-