OMVATI KALSHAN Vs. DELHI DEVLOPMENT AUTHORITY

JUDGEMENT

(1.) -The petitioner, an official working with the first respondent as Receptionist, is aggrieved by the decision dated 9.7.2004 refusing promotion to her. She seeks an appropriate mandatory order and also direction that she be granted conveyance allowance.

(2.) The petitioner was working with the first respondent (DDA) when she started suffering from deteriorating eyesight, some time in the year 1985. She was then in the cadre of Private Secretary, holding the post of Welfare Officer in the grade of Rs. 650-1200 (pre-revised). When the petitioner reported for her duties on 29.7.1985, the DDA insisted on her examination and production of a fitness certificate. Dr. Rajendra Prasad, Centre of Ophthalmic Sciences by communication dated 21.11.1985, certified that though the petitioner was visually impaired, she could perform duties of Welfare Officer, but she would encounter difficulty in desk work. The DDA, after considering the petitioner's case, decided to utilize her services in a lower grade/ post, of Reception Officer, in the pre-revised scale of Rs. 550-900. It is alleged that the petitioner was left with no choice but to accept that position, since she was told in no uncertain terms that her refusal would result in being retired on medical grounds.

(3.) It is alleged that the petitioner represented against the move to shift her to a lower post of Reception Officer but that met with no success. Subsequently, some time in August 1986, she joined the post of Receptionist, in a lower pay scale.