MAMTA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985, seeking direction to the respondents to promote the applicant against any vacancy as Group D or MTS, keeping in view the fact that she has 45% Orthopedic Disability and hence is eligible for reservation in promotion against the 3% quota allowed to persons with disabilities as per the provisions of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Protection) Act, 1995. The applicant was appointed as GDSBPM on compassionate grounds vide order of the CPMG Haryana Circle, Ambala vide letter dated 22.02.2008 (Annexure A -1).

(2.) AVERMENT has been made in the OA that Postal Department conducts recruitment to the post of Group D and to the post of Postman from seniority list of Divisional GDS on Division basis. While the post of Postman is filled through Departmental Examination, no such test is conducted for Group D posts as per DG Posts letter No. 44/31 -87 SPBI dated 28.08.1990. As such the respondents should have promoted/selected the applicant as per the provisions of PWD Act for reservation for persons with disabilities as contained in OM No. 36035/3/2004 Estt. (Res) dated 29.12.2005 issued by the Department of Personnel and Training (Annexure A -5) and the Roster points at Sl. No. 1, 34 and 67 that have been earmarked for Persons with Disabilities. Since the applicant had not been provided the benefit of reservation in promotion till date, hence, this OA.

(3.) ARGUMENTS advanced by the learned counsel for the parties were heard, when both the counsel reiterated the facts and grounds taken by them in the OA, rejoinder and the written statement respectively.