JIWAN CHANDRA PANT Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. R. Mazumdar, learned counsel for the petitioner as well as Mr. J.M. A. Choudhury, learned Central Government Counsel.

(2.) THE petitioner, who is presently serving as Assistant Commandant in the S.S.B., is aggrieved by deprivation of the benefit of Senior Time Scale of Rs.10,000325-15,200/- Pre-revised (Since Revised 15600-PB + GP 6600/-) and so also the benefit of promotion to the post of Deputy Commandant. THE petitioner has been deprived of the said benefit on the ground that he is unfit for the Senior Time Scale and promotion, being medically categorized as "colour blindness". THE petitioner has placed reliance on the circular dated 17.5.2002 and 31.7.2002 in respect of his plea that irrespective of such colour blindness, he is entitled to get the aforesaid benefits. For a ready reference, the said two circulars are quoted below :-

(3.) ON perusal of the above three circulars, what has transpired is that earlier an S.S.B. personnel with colour blindness was entitled to get promotion irrespective of such medical incapacity. However, in term of the 3rd circular dated 29.10.2008, all such cases which came to light where a person was appointed prior to 17.5.2002 with colour blindness, the concerned Force (herein S.S.B) will try to adjust such a person in non-technical security force where colour blindness may not be a disqualification. However, if the Central Police Force is not able to find a suitable position for the person in the Force, he/she may be removed from service after giving due opportunity to defend his/her case. In terms of the said circular-letter dated 29.10.2008, the cases of colour blindness, if detected in the appointees in the period after 17.5.2002, such person shall be placed in SHAPE-V and be boarded out as per the laid down procedure for disability.