Case Note & Summary
The petitioner, Shyamkumar Pandurang Wankhede, was appointed as Assistant Sub-Inspector (Clerk) in the Central Reserve Police Force (CRPF) on 8 June 1988. He was hospitalized from 4 July 1999 to 19 July 1999 and diagnosed with Schizoaffective Psychosis. On 12 June 2000, he was boarded out of service on the ground of 80% mental disability. He challenged the removal order in Writ Petition 4709/2007 before the High Court at Guwahati, which quashed the order and directed his reinstatement. Subsequently, the petitioner was reinstated but was denied promotion to the rank of Assistant Commander (Ministerial) on the ground that he did not satisfy the medical eligibility condition of SHAPE-1 category. The respondents relied on a Government of India Notification dated 10 September 2002, which exempted all categories of posts of 'Combatant Personnel' of CRPF from the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The petitioner challenged the communication-cum-order dated 4 July 2018 denying him the benefit of Section 47. The court examined the notification and found that it specifically exempts combatant personnel, not ministerial staff. Since the petitioner held a ministerial post, the notification did not apply to him. The court held that the petitioner is a person with disability under the Act and is entitled to the protection of Section 47, which mandates that no employee acquiring a disability during service shall be deprived of promotion or other benefits. The court allowed the writ petition, quashed the impugned order, and directed the respondents to consider the petitioner's promotion in accordance with law, taking into account the provisions of the Act.
Headnote
A) Service Law - Disability Rights - Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Exemption Notification - The petitioner, a ministerial employee of CRPF, was denied promotion to Assistant Commander (Ministerial) on the ground that he did not satisfy SHAPE-1 medical category due to Schizoaffective Psychosis. The respondents relied on a notification exempting combatant personnel from Section 47. The court held that the notification applies only to combatant posts, not ministerial posts, and thus the petitioner is entitled to protection under Section 47. (Paras 1-10) B) Service Law - Medical Disability - Promotion - The petitioner was boarded out in 2000 due to 80% mental disability but was reinstated by the Guwahati High Court. The respondents later denied promotion citing medical ineligibility. The court held that since the petitioner is a person with disability under the Act, the respondents cannot deny him promotion solely on medical grounds without considering reasonable accommodation. (Paras 2-10)
Issue of Consideration
Whether the petitioner, a ministerial employee of CRPF, is entitled to the protection of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, despite the Government of India Notification dated 10-9-2002 exempting combatant personnel from the said provision.
Final Decision
The writ petition is allowed. The impugned communication-cum-order dated 04-07-2018 is quashed and set aside. The respondents are directed to consider the petitioner's promotion to the rank of Assistant Commander (Ministerial) in accordance with law, taking into account the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
Law Points
- Section 47 of Persons with Disabilities (Equal Opportunities
- Protection of Rights and Full Participation) Act
- 1995
- Government of India Notification dated 10-9-2002
- Exemption for Combatant Personnel
- Ministerial Posts
- Medical Eligibility SHAPE-1
- Schizoaffective Psychosis
- Mental Disability
