Jawans must meet med norms for promotions: HC

Nagpur: Holding that the medical eligibility conditions statutorily prescribed for promotion must be satisfied, the Nagpur bench of Bombay High Court dismissed a plea by a Central Reserve Police Force (CRPF) jawan.
“The denial of promotion is not merely on the grounds of disability. Since the respondents CRPF is a paramilitary force, it is even more necessary that the medical eligibility conditions which are statutorily prescribed for promotion, shall have to be satisfied,” a division bench comprising justices Rohit Deo and Vrushali Joshi said.
The court also said that if unfortunately, due to disability it is not possible for an employee to satisfy the benchmark, no inference can be drawn that the s/he is discriminated.
Petitioner Shyamkumar Wankhede from Wanadongri area had superannuated on July 4, 2018, from CRPF. He had applied for extension under the ‘Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995’ on the premise that all categories of posts of “combatant personnel” of CRPF are exempted from the provisions of its Section 47.
Extension was denied pointing that he failed to fulfil norms of SHAPE-1 (Fully fit) category, which was challenged. Rejecting Wankhedes’s contentions, the bench stated not every denial of promotion attracts the rigours of the statutory provision.
“The promotion to a disabled person may be denied to ensure that the safety and security of the other personnel of the paramilitary force, and indeed the personal safety and security of the disabled employee, is not jeopardized.”
Citing service rules, the judges said those mandate that the promotion shall be subject to maintaining medical category SHAPE-1. “The petitioner is admittedly suffering from 80% mental disability. If this be so, then denial of promotion to the post of inspector (ministerial), and the next promotion to the assistant commandant (ministerial) cannot be considered as rejection only on the ground of disability.”
Quoting the legislative intent under the Act, the bench noted that the disability acquired during the service must not result in termination or reduction of rank.
The court stated that the aspect of promotion is dealt with on a different pedestal. Observing that the legislative mandate is that the promotion cannot be denied only on the ground of disability, the HC stated that promotion is not a vested right.
“While a disabled employee may be protected by creating a supernumerary post and ensuring that s/he receives regular emoluments, even without discharging duty, till he superannuates, it is only if the employee is denied promotion because of his/her disability, that the protective mechanism is triggered,” the court ruled.