Keywords: CRPF, discriminated, disability, eligibility.
Case Title : Shyamkumar s/o Pandurang Wankhede Vs. Union of India
A CRPF( Central Reserve Police Force) was diagnosed with schizoactive psychosis due to which he was boarded out on basis of 80% mental illness. But this decision was challenged by him in Guwahati High Court that reinstated him to his post with earlier decided wages and transferred to Nagpur division.
But when CRPF published the list of promoted candidates, his name was not there that should be mentioned due to seniority basis according to him to get promoted to the post of Assistant Commandant. So, he filed a writ petition challenging the decision of CRPF alleging that he is not promoted cause of his disability and argued that the promotion of a person shall not be denied on grounds of disability under section 47(2) of Persons with Disabilities Act, 1995.
But it was argued by learned counsel of CRPF that petitioner can’t satisfy the required medical eligibility category SHAPE-I for the said post.
Court held in this case that protective mechanism of act of 1995 would be applied on promotion only when it’s denied on the sole basis of disability while petitioner was denied from the promotion for ensuring the security of other officers of paramilitary force. Usage of this act can’t lead to the rank reduction and if someone is protected under this act and not suitable for the post that he is assigned with, then he can be transferred to another post with same pay scale rather than declning the worth value of work of post.
In the respective case also, petitioner was protected and got his post of CRPF under the act but promotion is a different aspect and not a vested right . So, court rejected the writ petition by stating that petitioner is not entitled to get protected under section47(2) of 1995 Act or section 20 of 2016 Act. He wouldn’t be given any promotion cause of not being able to satisfy the medical requirement that is necessary for the post and this decision is not violative of aforesaid sections and it can’t be inferred that he is discriminated just cause of his disability.
Name : Chanchal, College Name : GLA University, Mathura, Semester 2nd, an intern under Legal vidhiya
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