HARBHINDER SINGH Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) The petitioner is working as a Lineman in the Municipal Corporation, Amritsar since January 6, 1976. In August, 1990, he met with an accident. As a result, his right leg had to be amputated. He has a permanent disability to the extent of 75 percent. He complains that the respondent- Corporation had wrongly over looked his claim for promotion to the post of Line Superintendent/Junior Engineer on July 9, 1992. According to the petitioner, he had appeared for the interview. His claim was not considered. In fact, in accordance with the instructions issued by the State Govt. which have been adopted by the Corporation, 3 vacancies had to be reserved for physically handicapped persons. On the basis of cadre strength, the vacancies falling at points No.1 l and 43 were to be allocated to the handicapped persons. If this were done, the petitioner would have been promoted. However, the Corporation wrongly over- looked his claim.

(2.) In the written statement filed on behalf of the respondents, the claim made by the petitioner have been controverted. In para 11 of the written statement it has been averred that the petitioner had been called for "interview, but he did not attend." As such, he could not be considered. With regard to the claim for promotion against a vacancy reserved for handicapped persons, it has been stated that since the petitioner had suffered the handicap while in service, he is not eligible to the benefit of reservation.

(3.) Counsel for the parties have been heard.