UNION OF INDIA Vs. MOHINDER SINGH

JUDGEMENT

(1.) INSTANT appeal has been filed challenging the judgment and order dated 19.12.2013 passed by learned Single Judge of this Court in Writ Petition (SS) No. 1251 of 2012, whereby, the learned Single Judge by invoking Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1955 (hereinafter referred to as the Act), allowed the petition filed by the petitioner/ respondent, with the direction to the respondents/ appellants to grant all the promotions to the petitioner notionally and release the arrears of pay scale to the petitioner with effect from 01 -01 -2001 on the post of DVR MT Grade II; with effect from 01 -01 -2007 on the post of DVR MT Grade I; and with effect from 01 -01 -2010 of Special Grade.

(2.) BRIEF facts as asserted in the petition, shorn of unnecessary details, are that the petitioner was initially appointed as Pioneer with GREF on 07.04.1986. He was re -appointed on the post of DVR MT (Ord) with inter se seniority with effect from 25.09.1991. He joined his duties on 01.01.1992. While serving in RCC GREF, he suffered injury on his left eye, as a result of which, his left eye was removed and an artificial eye was fitted. The petitioner was permitted to drive the vehicle despite the fact that he suffered eye injury while on duty.

(3.) IT is asserted that as per Recruitment and Promotion Rules, 1982, a person holding post of DVR MT (Ord) is entitled for promotion on the post of MT DVR Grade II on completion of 9 years of service, subject to qualifying the Trade Test, being conducted by concerned Unit. Similarly, after completion of 6 years of service on the post of MT DVR Grade II, an employee shall be awarded promotion to the post of MT DVR Grade I and thereafter, on completion of 3 years of service on the post of MT DVR Grade I, shall be entitled for special grade. It is an admitted fact, that the petitioner completed 9 years of service on the post of DVR MT (Ord) on 01.01.2001, therefore, petitioner was required to be considered for promotion subject to qualifying his Trade Test, however, he was not given chance to face such Trade Test on account of injury suffered by him. It is further asserted that the petitioner was granted promotion to the post of MT DVR Grade II vide order dated 12.09.2011 (Annexure No. 7 to the writ petition) with effect from 13.06.2011, thereafter, petitioner made repeated requests to the respondents to grant him promotion from the back date, after completion of 9 years of service as DVR MT (Ord) to the post of MT DVR Grade II with effect from 01.01.2001 and to grant him subsequent promotions, but to no avail. Thereafter, petitioner filed WPSS No. 575 of 2012 before this Court wherein this Court vide order dated 04.05.2012 directed the respondent authorities to take appropriate decision on the representation of the petitioner. Petitioner moved representation dated 28.05.2012 asking the respondent authorities to grant him promotion on the post of MT DVR Grade II with effect from 01.01.2001 and further to grant him promotion with effect from 01.01.2007 on the post of MT DVR Grade I and thereafter, to grant him Special Grade with effect from 01.01.2010 and to consider his case for transfer BCA area as per seniority and to pay all the arrears along with 18% interest per annum. Representation, so moved by the petitioner, was rejected vide order dated 09.08.2012.