DELHI DEVELOPMENT AUTHORITY Vs. OMVATI KALSHAN

JUDGEMENT

(1.) THIS appeal challenges the judgment of the learned single Judge dated October 19, 2005 in Writ Petition (C) No. 879/2005. By the impugned judgment, the DDA was directed to treat Smt. Omvati Kalshan, the writ petitioner (and respondent herein) as eligible for promotion to the next higher grade, subject to her having put in the requisite eligibility period of service and on her being otherwise qualified. It was further directed by the learned single Judge that the respondent was to be considered for promotion in accordance with the rules on the basis of her seniority in the grade of P. A. , and the DDA was required to treat the period spent by her on the lower post as the receptionist, a post served by her on account of her disability, as the period served on the post of, P. A. A consequent direction to pay conveyance allowance was also given. The relevant facts have been succinctly set out by the learned single Judge and are as under:

(2.) THE writ petition before the learned single Judge was occasioned by the order dated july 9, 2004, by which the DDA turned down the respondent's request for promotion to the next higher cadre and denied the protection of seniority sought by the respondent in the grade of Personal Assistant/secretary. The petitioner, inter alia, relied on Article 14 of the constitution and Section 47 of the Persons with disabilities (Equal opportunities, Protection of rights and Full Participation) Act, 1995 (hereinafter referred to as me 'act' ). Section 47 of the said Act reads as follows:

(3.) THE appellant DDA took the following stand in its counter affidavit filed before the learned single Judge :-