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1 - 10 of 14 (0.29 seconds)Article 14 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Section 72 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Section 47 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
A. Satyanarayana & Ors vs S. Purushotham & Ors on 24 April, 2008
23. No doubt, as per notification for promotion as AEN before viva voce, the candidates on medical examination are to be declared fit for group B gazetted Technical Civil Engineering Department. Applicants preferred a representation for relaxation of medical standards, however, vide order passed on 27.8.2003, it was ruled that medical category C-1 is not authorized to work trolley and not required to come in contact with signals in actual operation of their duty. Respondents are not allowed to approbate and reprobate simultaneously. When on being declared fit for C-1 category, applicants have been considered in past for promotion upto the post of Senior Section Engineer and when no infirmity has been found or impediment on account of visual acuity in their work, now non-consideration under the guise of disability on medical de-categorization is a denial of their promotion, which is considered as a fundamental right of fair and equitable consideration by the Apex Court in S.B. Bhattacharjee v. S.D. Mazumdar, 2008 (1) SCC (L&S) 21 and also A. Satyanarayana & others v. S. Purushotham & others, 2008 (2) SCC (L&S) 279.
Kunal Singh vs Union Of India & Anr on 13 February, 2003
In Kunal Singh v. Union of India and another, 2003 (3) SCC (L&S) 482, a person, who incurs a disability during service, cannot be disallowed protection available under Section 47 of Disability Act. Meticulously discussing the background on promulgation of the rules, as regards Section 2 (i) of the Act, following observations have been made:-
Article 39 in Constitution of India [Constitution]
Section 40 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Mahesh Gupta & Ors vs Yashwant Kumar Ahirwar & Ors on 30 August, 2007
In the matter of promotion under the Disability Act, right to be promoted is held to be a must as ruled in Mahesh Gupta and others v. Yashwant Kumar Ahirwar and others, 2007 (10) SCALE 485 with the following observations:-