OA 658/2013. Case: Ajit Kumar Vs Union of India and Ors.. Central Administrative Tribunal
| Case Number | OA 658/2013 |
| Counsel | For Appellant: Santosh Kumar Rungta, Sr. Advocate and Prashant Singh, Advocate and For Respondents: R.N. Singh, Advocate |
| Judges | Syed Rafat Alam, J. (Chairman) and P.K. Basu, Member (A) |
| Issue | Persons With Disabilities (equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 - Sections 33, 38 |
| Judgement Date | September 08, 2015 |
| Court | Central Administrative Tribunal |
Order:
P.K. Basu, Member (A), (Principal Bench, New Delhi)
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The applicant appeared in the Civil Services Examination (CSE) 2008 and remained successful. He is visually handicapped and belongs to OBC category. He obtained rank No. 208. He was not allocated Indian Administrative Service (IAS) for which he filed OA bearing No. 2717/2009, which was disposed of vide order dated 8.10.2010 with a direction to the respondents to allocate him IAS on the basis of his rank and entitlement of the persons with visual impairment. In terms of the statutory provisions of reservation provided under The Persons with Disabilities (Equal Opportunities, Protection of Rights & Full Participation) Act 1995, particularly Section 33 of the said Act.
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It is stated by the applicant that he was finally allocated to IAS vide letter No. 22012/94/2010-AIS(1) dated 14.02.2012. The applicant joined the training and opted for Punjabi language as he was contemplating cadre allocation either in his home State Haryana or at least in neighbouring States Punjab or Government of NCT of Delhi. Since no cadre allotment was made to him in spite of lapse of more than two months after joining of the training, the applicant made a representation dated 9.05.2012 to the Hon'ble Prime Minister requesting for cadre allocation. He also pointed out in his representation about the policy of respondents of postings and transfers of persons with disabilities in their home cities or neighbouring areas. The respondents, however, allocated Manipur-Tripura cadre to the applicant vide impugned order dated 29.05.2012 without considering the representation. Being aggrieved by the action of the respondents, the applicant has filed this OA seeking the following reliefs:
a) Allow this application.
b) Quash the impugned communication Dt. 29.05.2012 to the extent it allocated to the applicant Manipur-Tripura cadre in IAS on the basis of his performance in CSE 2008 against the reserved vacancies for persons with visual impairment and consequently direct the respondent to allocate to the applicant either Haryana State or Punjab or Govt. of NCT of Delhi in place of Manipur-Tripura cadre with seniority and other consequential benefits for the new cadre so allocated.
c) Declare the impugned revised policy of cadre allocation in Civil Services issued vide Office Memorandum being No. 13011/22/2005-AIS (I) Dt. 10.4.2008 to the extent it excludes persons with disabilities in the matters relating to roster maintenance...
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