H.C.SHARMA Vs. NDMC

JUDGEMENT

(1.) The writ petitioner challenges the order dated 30th April, 2010 dismissing Transfer Application no.188/2009 with Original Application no.1343/2009 passed by the Central Administrative Tribunal, Principal Bench. The petitioner had filed the writ petition no. 3917/1996 before this court seeking benefit under The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 being extended for promotion to the post of Executive Engineer, a Group A post with the New Delhi Municipal Corporation

(2.) The writ petition was transferred for consideration to the Central Administrative Tribunal, Principal Bench wherein it was registered as T.A.188/2009. The respondents place reliance on an Office Memorandum dated 29th December, 2005 which provided for reservation for persons with disabilities in case of direct recruitment as well as promotion for posts in Group C and D only. The application was dismissed by the Tribunal placing reliance on the aforesaid O.M. dated 29th December, 2005 on the ground that it did not prescribe reservation for promotion for physically handicapped persons to Group A posts. This decision of the Tribunal has been assailed by the petitioner by way of the instant writ petition.

(3.) It is not disputed that during the pendency of the writ petition before this court, this issue has been considered by the Supreme Court and authoritatively adjudicated by a decision Union of India & Another vs. National Federation of the Blind and Others., 2013 11 Scale 588 The Supreme Court has inter alia held as follows: