The petitioner, whose ‘Physically Handicapped’ (PH) status was withdrawn in 2010 but restored in 2020 with retrospective monetary benefits, sought retrospective promotion to the post of Tax Assistant from 22.11.2010. The High Court upheld the denial of his claim. It was noted that a crucial eligibility condition for the promotion was either passing a typing test or obtaining a specific medical exemption certifying inability to type. The petitioner secured this exemption only on 08.12.2020, becoming eligible for the post on that date, and was promoted on 15.02.2021. The Court held that promotion cannot be granted from a date on which the employee was not eligible. The subsequent restoration of the petitioner’s PH status did not retroactively fulfil the specific promotional criteria that were required to be met at the relevant time in 2010.
Chandrakant C. Mishra v. UOI [2023] 154 taxmann.com 206 (Bom.)(HC)
Right of Persons with Disability Act, 2016.
S. 76 : Service Matter-Promotion –Post of Tax Assistant-Restoration of disability status-Retrospective Promotion-Subsequent acquisition of eligibility does not entitle employee to retrospective promotion from a date when he was not eligible. [S. 2(t), (p), (r) (e), 57]
Leave a Reply