MUKESH KUMAR SAHU Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ Petition (S) No. 426 of 2010 was filed by the present Appellant for a direction by the writ court to provide benefit of reservation in promotion in accordance with the provisions as contained in the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as 'the 1995 Act').

(2.) The Appellant is working as Assistant Engineer in the Chhattisgarh State Power Distribution Company Limited (for short 'the Company'). He wanted a direction upon the said Company to grant him promotion to the post of Assistant Engineer w.e.f 1996 and then on the post of Executive Engineer w.e.f 2001 and thereafter, on the post of Superintending Engineer w.e.f 2006.

(3.) It is not a matter of argument that the Appellant, when he entered into service of the Company, was medically fit and evidence thereof has been brought on record by way of a declaration made him. Somewhere down the line, he claims that he became disabled by certain affliction and that puts him in a special category in terms of the right which has been conferred upon the person with disabilities under the 1995 Act.