Punjab-Haryana High Court
M. Seeta Ram vs Union Of India And Others on 9 July, 2013
Author: Rajiv Narain Raina
Bench: Rajiv Narain Raina
CWP No.6370 of 2012 -1-
IN THE PUNJAB AND HARYANA HIGH COURT
AT CHANDIGARH
CWP No.6370 of 2012
Date of Decision:09.07.2013
M. Seeta Ram
... Petitioner
Versus
Union of India and others
... Respondents
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CORAM : HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr. Rajeev Anand, Advocate for the petitioner.
Mr. D.S. Bishnoi, Advocate for the respondents.
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1. To be referred to the reporters or not?
2. Whether the judgment should be reported in the digest.
RAJIV NARAIN RAINA, J.(Oral)
By a detailed interim order dated 3.4.2012, the petitioner was deputed to undergo qualifying course, the passing of which entitles candidates to consideration for promotion to the post Inspector/Technicians. The order was made subject to the rider that the undergoing of the course would be at his own risk and cost and would confer no right or equity in his favour.
The petitioner was appointed to service on 16.5.1991. Heard learned counsel for the parties.
Mr. Rajeev Anand, learned counsel for the petitioner relies on a letter dated 17.5.2002 (P-2) containing a decision of the Ministry of Home Affairs, New Delhi permitting such force personnel, as are recruited with CWP No.6370 of 2012 -2- colour blindness have been made entitled to promotion on their turn despite their being in medical category SHAPE-2 (permanent), if they are otherwise fit for promotion. The said letter reads as under:
"Subject: Introduction of Medical category SHAPE-1 for the purpose of promotion in CPMFs-Regarding Reference DG, CRPF U.O. No.P-VII/I-Pers.I dated the 14th May, 2002 on the subject mentioned above.
2. The question of promotion of force personnel recruited with colour blindness has been examined in this Ministry and it has been decided that this disability, ignored at the time of their recruitment, cannot be held against them now. All such force personnel, recruited with colour blindness are, therefore, eligible for promotion, despite their being in medical category SHAPE-2 (permanent) on their turn, if they are otherwise fit for promotion.
Sd/-(S.C. Saksen) Desk Officer"
(underlining for emphasis) In continuation of the previous circular/letter, the Government of India in the Ministry of Home Affairs, New Delhi has superseded earlier letter dated 8.3.2011 (P-6) and has evolved the benefit admissible in the manner indicated in the policy letter. The said letter reads as under:
"Subject: Colour blindness In continuation to this Ministry's UO of even number dated 29.10.2008, on the subject cited above.
2. The matter has been reconsidered in this Ministry and after taking into consideration comments of ADG (Med) CPFs, the competent authority has approved the following:-
a) All duties where use of the fire arms/identification of various types of coloured signals/identification of criminals in mob/use of specialized equipments are not regularly required and public safety is not involved, may be defined as non-technical duties.
b) In MHA UO of even number dated 29.10.2008, word 'Non-
technical Security Force' implies for 'Non-technical Security Posts' within the Force and does not mean creation of any separate Non-technical Security Force.
3. This issues with the approval of Secretary (IS).
Sd/- (Ajay K Singh) 8/3/11 Director (Pers)"
In the written statement filed, there is nothing forthcoming which could possibly be understood as denying to the petitioner promotion on account of being colour blind at the time of initial recruitment and promotion in terms of the issuance of the circular. The petitioner was clearly entitled to be deputed to the course and to be considered for promotion in CWP No.6370 of 2012 -3- accordance with rules.
Resultantly, the writ petition is allowed. The order impugned Annexure P-14 is set aside. The petitioner may now be considered for promotion in accordance with the Policy. The training course attended under interim orders, if passed, will stand in good stead for purposes of promotion. The interim stay order is made absolute with the allowing of this writ petition, but without any riders contained in it.
09.07.2013 (RAJIV NARAIN RAINA) rajeev JUDGE