UNION OF INDIA Vs. SUDHIR KUMAR

JUDGEMENT

(1.) The question which arises for consideration in this O.P. (CAT) is whether an employee, who suffers a disability while in service, is entitled to promotion de hors the contention of the respondent that he is unable to discharge the duties of the promoted post. The issue requires to be considered in the light of Sec. 47(2) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. (Act 1 of 1996) (hereinafter referred as "the 1996 Act")

(2.) The issue was referred for consideration of the Full Bench by a Division Bench doubting the correctness of judgement in Union of India and another v. N.Chandralal and another [2017 (1) KHC 898] on the ground that the ratio of the decision of the Apex Court in Union of India v. Devendra Kumar Pant and Others [(2009) 14 SCC 546] was not properly considered while rendering the former judgment.

(3.) Heard Sri. S. Radhakrishnan, the learned counsel for the Southern Railway and Sri.T.C. Govindaswamy, the learned counsel for the respondents.