Disabled worker arbitrarily denied promotion, files application in Orissa Administrative Tribunal
Smt. Uma Devi Vrs. Chief Secretary, Odisha, Secretariat Building, Bhubaneswar, Orissa & Others O.A. No. 1208 © of 2016 Orissa Administrative Tribunal, Cuttack Bench, Cuttack Synopsis:- That, the applicant has filed this Original Application challenging the illegal and arbitrary action of the Respondents in not Promoting her as Assistant Section Officer even though Respondent No. 3 has been promoted who is junior to the applicant ignoring the case of the applicant even if applicant has been worked for more than 24 years without any break for her service under the Home Department but her case has not been considered and further prays for direction from this Hon’ble Tribunal to the Respondents to consider the case of the applicant for promotion to the post of Asst. Section Officer from the date of her junior was promoted with all consequential service and financial benefits. Facts: - The facts of the case are given below:- That the applicant is a physically handicapped person with 75% Physical Impairment. She was recruited as a Group –D staff appointed as peon being sponsored by Employment Exchange in the year 1990 and was kept attached to Home Department. Despite her physical impairment she had done her graduation and acquired PGDCA qualification. That it is submitted that from the date of initial appointment the applicant has been discharging the duties of peon to utmost-satisfaction to her authorities and at no point of time her services have been adversely commented upon. That it is pertinent to mention here that the applicant is the senior most lady Peon of Home Department in Odisha Secretariat. The applicant has expressed with grief and pain that she has been debarred from any type of promotion while her petty juniors have been promoted to higher posts. That the applicant respectfully submits that promotion from Group-D to Group-C posts like Daftary/Treasury Sarkar does not require any scholarly test and effected only on seniority basis. Even though the applicant is eligible, the authorities have not been promoted to any such posts while her junior has been promoted. That while the applicant was continuing as such the gradation list was prepared vide letter dated 04.1.2004, where the name of the applicant finds place in SL No. 62, whereas the respondent No. 3's name finds place in Sl. No. 70. That after preparation of gradation list D.P.C. was held in the year 2013 for promotion to class – III post from class-IV post and in the said D.P.C. the performance of the applicant is quite satisfactory but to the utter-surprise, the petitioner/Applicant has not been considered for the promotion to post ASO, whereas the respondent no. 3 was promoted even though he is junior to the applicant in the gradation list. That it is further submitted that the applicant belongs to Physical Handicapped with 75% category, whereas the respondent No. 3 belongs to the general category but without considering the case of the applicant, the authorities issued promotion order in favour of her junior which is illegal, arbitrary and discriminatory. That against the promotion of the respondent No. 3, the applicant submitted a representation to the Respondent No. 1 & 2 on 25.08.2015 & 01.09.2014 stating therein to consider her case as against the Physically Handicapped quota but the respondent No. 1 & 2 without considering the case of the applicant sat over the matter. That being deprived and repeated harassment by the respondents the applicant was compelled to take shelter in the court of law before the State Commission for persons with Disabilities (DCPD), Odisha. The Hon’ble Commission vide their latter No. 1970/SCPD dated 11.06.2014 held that:- “Hence the respondent is called upon to ensure a harmonious and dignified environment particularly to the complainant who is a woman with disability and in general for employees with Disabilities. It appears that the complainant Smt. Uma Devi has been denied opportunities for promotion and the department should rise to the occasion and consider the promotion of complaint appropriately as she is a woman with disability.” 10. That inspite of the State Commission order, the respondents have not considered the case of the applicant for the promotion to the post of ASO for which again the applicant had submitted a reminder on 18.08.2015 & 21.12.2015 to the respondent no. 2 stating therein to consider the case of the applicant for the promotion to the post of ASO, but till date said representation is pending before the respondent No. 2 for consideration and no order has yet been passed so far. 6.11. That it is worthwhile to be mentioned that the applicant cannot claim as a matter of right for her promotion to the post of ASO but she has a right for consideration for the post of ASO. In this instant case as per gradation list of peon in Home Department, the applicant being senior to the respondent No. 3, she has a right for consideration for her promotion, but the respondent no. 2 without considering her case as per Physical Handicapped quota, has issued promotion order in favour of her junior’s which is illegal, arbitrary and cannot be sustained in the eye of law. 11. That in spite of the Hon’ble Commission order, the respondent No.2 never bother to carry out the order of the commission for her promotion to the post of ASO, in this regards even though the authorities are aware of the facts with regards to submission of the representation of the applicant for her promotion to the post of ASO but still then the authorities intentionally and deliberately harassing the applicant, who belongs to Physically handicapped category. Such action of the authorities is malafide which cannot be sustained in the eye of law. Furthermore the applicant is deprived of getting her promotion for no fault of her. For that necessary direction may be issued to the respondent no.2 to consider the case of the applicant for promotion to the post of ASO from the date of her junior was promoted with all consequential service benefits. Prayer: - In view of the facts stated above the applicant prays for the following relief(s): Under the circumstances, it is humbly prayed therefore that the Hon’ble Tribunal may graciously be pleased to direct the Respondent No.2 to consider the case of the applicant for promotion to the post of Assistant Section Officer from the date her junior i.e., respondent No.3 is promoted with all consequential services benefits. And further be pleased to direct the respondent to give all financial services benefits to the applicant. Or pass any other order/orders as pass Hon’ble Tribunal may deem fit and proper. And allow this Original Application. Status (In Court):- The aforesaid case is listed before the learned Tribunal on 12.04.2016 for admission. In course of hearing the learned Tribunal issued notice to all Respondent and interim major directed to the respondents “Pendency of this case shall not be a bar to consider the representation of the applicant.” Case is pending for final disposal.