MOHAN LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was enrolled as Constable on 22.4.1980 in the Police Department. He lost his vision in both the eyes while posted in Lahaul-Spiti District. He was examined by the Medical Board to assess his suitability for retention in the Department. The Medical Board vide order dated 30.7.2002 opined that the petitioner was completely and permanently incapacitated for further service. Consequently, he was retired on 3.8.2002. He made a representation on the basis of which petitioner was reinstated vide order dated 19.5.2008. He resumed his duties on 27.5.2008. He was promoted as A.S.I. on 24.2.2010. Mr. N.K. Gupta has vehemently argued that the persons junior to the petitioner have been promoted and the case of the petitioner has not been considered for further promotion. He has referred to Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the "Act" for brevity sake).

(2.) Mr. Shrawan Dogra, learned Advocate General has argued that since the petitioner has not qualified the lower, inter and upper school courses, he could not be promoted.

(3.) I have heard the learned Counsel for the parties and have perused the pleadings carefully.