The Nagpur bench of the Bombay High Court recently dismissed a plea filed by a Central Reserve Police Force (CRPF) jawan seeking promotion despite not meeting the medical eligibility conditions. Justices Rohit Deo and Vrushali Joshi, comprising the division bench, held that the denial of promotion was not solely based on the grounds of disability but was necessary to ensure the safety and security of paramilitary personnel.
The petitioner, Shyamkumar Wankhede, had superannuated from CRPF on July 4, 2018, and had applied for an extension under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. He claimed that all categories of posts of "combatant personnel" in CRPF were exempted from the provisions of Section 47 of the Act. However, his extension was denied as he failed to fulfill the medical eligibility norms of SHAPE-1 (Fully fit) category.
Rejecting Wankhede's contentions, the court emphasized that not every denial of promotion attracts the statutory provision protecting disabled individuals. It stated that promotion to a disabled person may be denied to ensure the safety and security of both the paramilitary force personnel and the disabled employee. The court referred to the legislative intent of the Act, which aims to prevent termination or reduction in rank due to acquired disabilities.
The judges highlighted that promotion is not a vested right and cannot be denied solely on the grounds of disability. While a disabled employee may receive protection and regular emoluments even without performing duties, the protective mechanism is triggered only when the denial of promotion is solely due to disability. In this case, as the petitioner suffered from 80% mental disability and did not satisfy the medical eligibility conditions, the court concluded that the denial of promotion was not based solely on disability and upheld the decision.
Advocate Rani G. Nitnaware appeared on behalf of the petitioner, and Advocate Mugdha R. Chandurkar represented the respondents. The court's decision was based on the precedent set by the Supreme Court in Union of India v. Devendra Kumar Pant and others (2009) 14 SCC 546, which held that maintaining the prescribed medical category is an essential eligibility condition for promotion.
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