SGT CHAMAN LAL versus UNION OF INDIA AND OTHERS

SGT CHAMAN LAL versus UNION OF INDIA AND OTHERS

Appellant was not eligible for select promotion due to medical category A4G4 (P); percentage of disability is not the sole factor for promotion eligibility. Section 47 of Persons with Disabilities Act, 1995 does not apply due to government notification exempting Armed Forces. Mere empanelment and fulfilment of merit benchmarks do not create a vested right for select promotion.

Parties
Appellant: SGT Chaman Lal; Respondents: Union of India and Others
Jurisdiction
India
Judgment Date
25 July 2017
Procedural Posture
Civil Appeal / Appeal From Armed Forces Tribunal Decision (oa 60/2013)
Outcome
Appeal dismissed
Legal Topics
Promotion Policy, Medical Fitness, Non Discrimination in Government Employment, Persons With Disabilities Act
Service Law Disability Law Promotion Policy Medical Fitness Non Discrimination in Government Employment Persons With Disabilities Act

Case Brief

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Parties

SGT Chaman Lal

Appellant

Union of India and Others

Respondents

Procedural Posture

Civil Appeal / Appeal From Armed Forces Tribunal Decision (oa 60/2013)

Legal Issues

  1. 1 Whether appellant was discriminated in promotion due to medical category
  2. 2 Applicability of Section 47 of Persons with Disabilities Act, 1995 to Armed Forces
  3. 3 Vested rights arising from empanelment for promotion

Ratio Decidendi

Appellant was not eligible for select promotion due to medical category A4G4 (P); percentage of disability is not the sole factor for promotion eligibility. Section 47 of Persons with Disabilities Act, 1995 does not apply due to government notification exempting Armed Forces. Mere empanelment and fulfilment of merit benchmarks do not create a vested right for select promotion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs.