UNION OF INDIA versus DEVENDRA KUMAR PANT & ORS.

UNION OF INDIA versus DEVENDRA KUMAR PANT & ORS.

Section 47(2) does not preclude denial of promotion based on inability to fulfill bona fide prescribed minimum medical standards for a promotional post, even if such inability results from a disability, where such standards are fixed in interests of safety, security, and efficiency.

Parties
Appellant: Union of India; Respondent: Devendra Kumar Pant
Jurisdiction
India
Judgment Date
09 July 2009
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal allowed
Legal Topics
Promotion, Minimum Medical Standards, Non Discrimination in Government Employment, Section 47(2) of the Persons With Disabilities Act
Service Law Disability Law Promotion Minimum Medical Standards Non Discrimination in Government Employment Section 47(2) of the Persons With Disabilities Act

Case Brief

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Parties

Union of India

Appellant

Devendra Kumar Pant

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether denial of promotion for non-fulfillment of minimum medical standard, due to a disability, is protected under s. 47(2) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

Ratio Decidendi

Section 47(2) does not preclude denial of promotion based on inability to fulfill bona fide prescribed minimum medical standards for a promotional post, even if such inability results from a disability, where such standards are fixed in interests of safety, security, and efficiency.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • Order of Central Administrative Tribunal restored