A DURAIRAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who holds Diploma in Mechanical Engineering was holding the position of Senior Section Engineer (Signals and Telecommunications) in the Railways at Podanur in the year 1976 when he was sent for medical examination for considering his case for ad-hoc promotion to the post of Assistant Signal and Telecommunication Engineer. The promotion to that higher post was normally only by way of pass in the written examination, followed by viva-voce test.

(2.) Petitioner was considered for ad-hoc promotion only because he belonged to the Scheduled Caste. Along with him, several others who also belonged to Scheduled Castes, were sent up for medical examination. Such of those who passed the medical test which included the test for ascertaining the presence or absence of the defect of colour blindness, were given ad-hoc promotions. Such ad-hoc promotees were also required to pass the written examination. Three of the persons who were given such ad-hoc promotion did take the examination, but though they did not secure the minimum marks required for securing a pass, were nevertheless promoted, as under the guidelines given by the Central Government with regard to promotion of candidates belonging to Scheduled Caste and Scheduled Tribe category, the best among failed candidates belonging to those categories were required to be given the promotion even if they did not secure the minimum marks prescribed in the examination.

(3.) At the medical test, the petitioner was declared as colour blind. On that score, he was denied ad-hoc promotion.