LAWS(BOM)-2023-5-81

SHYAMKUMAR Vs. UNION OF INDIA

Decided On May 02, 2023
Shyamkumar Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Petitioner who is superannuated from the Central Reserve Police Force (CRPF), is assailing, inter alia, the communication-cum-order dtd. 4/7/2018 (Annexure-A) whereby the petitioner is not extended the protective umbrella of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Act of 1995) on the premise that all categories of posts of "Combatant Personnel" of the CRPF are exempted from the provisions of Sec. 47 of the Act of 1995 in view of the Government of India Notification dtd. 10/9/2002. The petitioner is held ineligible for promotion to the rank of Assistant Commander (Ministerial) on the premise that he does not satisfy the medical eligibility condition of SHAPE-1 category.

(2.) The litigation has a chequered history.

(3.) Affidavit-in-response dtd. 20/2/2019 is filed on behalf of the respondents which is affirmed by Mr. Sanjay Kumar, Deputy Inspector General of Police, CRPF.