Full Text
7,9&10.
JASWINDER SINGH Petitioner
Through: Mr Ankur Chhibber,Advocate,
Through: Mr Ripu Daman Bhardwaj,CGSC for UOI with Mr Anil Thakur(AC Law).
RANJAN KUMAR GANTAYAT Petitioner
Through: Mr Ankur Chhibber,Advocate.
RAJESH SINGH Petitioner
Through: Mr Ankur Chhibber,Advocate.
18.09.2019 2019:DHC:7377-DB
ORDER
1. The Court has been shown the copy ofthe signed order dated C'May, 2019 in Civil Appeal Nos.3938-3961/2016 and 3963/2016{UOI v HC/GD R.C. Mandi) whereby the appeals filed by the Union of India against the judgment dated 28"^ February, 2013 ofthis Court in W.P.(C)No.356/2013 {P. Suresh Kumar v. Union ofIndia) and a batch of petitions have been dismissed on merits.
2. In that view ofthe matter, since the present Petitioners here are placed in an identical position as the Petitioners in those cases, the present petitions are also allowed. Consequently,the impugned orders, declaring each ofthe Petitioners unfit due to colour blindness are set aside. A mandamus is issued to the Respondents to consider the case ofeach ofthe Petitioners for promotion to the posts where their colour blindness would not be a disqualification. Iffor any ofthose posts,the Petitioners would be required to be detailed for any training courses,they would be so detailed. However, consistent with the directions issued in P.Suresh Kumar v. Union ofIndia {supra), it is directed that the consequential promotion orders will be given effect from the date that the Petitioners' juniors were promoted with all other benefits including pay fixation.
3. The petitions are disposed ofaccordingly.
S.MURALIDHAR,J. TALWANT SINGH,J. SEPTEMBER 18,2019 rd