HONOURABLE SRI JUSTICE G.CHANDRAIAH Dated 02-06-2010 WRIT PETITION No.2950 OF 2003 Between: K.V.V.Satyanarayana. …Petitioner. And: The State Commissioner for Disabilities, Government of Andhra Pradesh, Chandra Vihar, Hyderabad and others. ……Respondents. HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.2950 OF 2003 ORDER: This Writ Petition is filed seeking to declare the Judgment and order in Case No.61 of 2001 dated 18-5-2002 of the learned State Commissioner for Disabilities, the 1st respondent herein, as arbitrary, illegal and violative of principles of natural justice and set aside the same and consequently, declare the action of the respondents in denying the promotion to the petitioner to the rank of Chief Petty Officer Air Fitter and further promotion of Master Chief Air Fitter-II, merely on the ground of disability, as arbitrary and illegal and contrary to the provisions of the persons with Disabilities (Equal Opportunities, protection of rights and full participation), Act 1995 and direct the respondents to give all the time-scale promotions which are due to the petitioner in his initial engagement of service with all attending benefits attached to those ranks and to take back the petitioner by giving re-employment to him in any defence civil organization in any equivalent cadre which is due to the petitioner if he continued in service. The case of the petitioner, in brief, is as follows: He was appointed as Metric Entry Recruit (Naval Airmen) by the 2nd respondent in the year 1986 and subsequently, he was appointed as Naval Air Mechanic (NAM, Class-II) in the year 1987 and later he was promoted as NAM-I in the year 1990 and later promoted as Leading Air Mechanic in the year 1991. Subsequently, while he was working as INS Hansa (Air Engineering Dept) at Goa under Flag Officer, Naval Aviation, Goa, he was promoted as Petty Officer on 4-11-1994. While he was working in Hydraulic Bay in INS HANSA, he met with an accident and sustained a blast injury on 10-2-1995 resulting a severe damage to his left hand. After a series of operations, he was awarded 50% permanent disability and was placed in low medical category. He was transferred to INS DEGA, Visakhapatnam as Petty Officer on 31-7-1996 and he was entrusted with non- technical duties at INS DEGA and on completion of initial engagement of service, he was released from service on 31- 7-2001. The Flag Officer Naval Aviation (CSO-T) Goa, conducted a Board of Enquiry and by a report dated 10-4-1995 concluded that the case was attributable to service. He was promoted as POAF on 4.11.1994. He appeared for CPDAF (Q) course as per the letter of CABS, 2nd respondent herein, dated 19-12-1997 and subsequently qualified in the said course. He made a representation to the C.O. INS DEGA for inclusion of his name in Petty officer (PO) Leadership course and the 5th respondent by his letter dated 18-6-1998 requested CABS, the 3rd respondent to include his name in P.O. Leadership Course. Then CABS, the 3rd respondent herein by his Navyagram dated 23-7- 1998 informed the 5h respondent that as he was in S3A3 Medical category, he cannot be detained for P.O. (L) course. After receipt of the same, the 5th respondent wrote a letter to the 4th respondent sending a copy to CABS, on 4-9-1998 stating that the injury caused to him is attributable to service, that his performance is excellent and having a good service record. Further his promotion to CPOAF will benefit the service and the lower medical category will not effect in carrying out duties in higher ranks. Finally, the 5th respondent requested the 4th respondent to approach the 3rd respondent and request the 3rd respondent to exempt the petitioner from undergoing P.O. (L) Course. Again the 5th respondent vide letter dated 30-10-1998 requested the 4th respondent to approach the 3rd respondent to exempt the petitioner from undergoing P.O.(L) course and the 4th respondent forwarded the same to the 3rd respondent vide its letter dated 2-12-1998 duly recommending the case of the petitioner. The 3rd respondent vide its letters dated 25-1-1999 and 8-4-1999 asked the 4th respondent for certain clarifications. However, the 4th respondent without clarifying the matter to the 3rd respondent vide its letter dated 13-5-1999 informed the 5th respondent that as there is no provision for exemption, exemption cannot be granted to the petitioner. The 5th respondent vide its letter dated 5-7-1999 requested the 4th respondent to re-examine the matter for exemption. The 4th respondent referred the petitioner to the Assistant Commander Medical Officer (ACMO) and Command Air Technical Officer (CATO), requesting them for comments/recommendations whether the petitioner will be able to perform his professional duties in the next rank if promoted. Then the ACMO and CATO recommended for exemption. The 4th respondent sent a letter dated 29-7-1999 to the 2nd respondent requesting him to consider the case of the petitioner as one time exception to the sailers promotion regulations and to exempt him from P.O.(L) course. The 2nd respondent vide its letter dated 27-8-1999 returned the file stating that it has to be forwarded along with service and medical documents to CABS, the 3rd respondent herein for their recommendations. The 4th respondent sent all the necessary documents to the 3rd respondent duly recommending the case of the petitioner. The 3rd respondent vide its letter dated 21-12-1999 informed to the 2nd respondent that waiver sought for by the petitioner is not recommended. On receipt of this letter, the 2nd respondent did not take any decision for a long time. The 5th respondent vide its letter dated 21-9-2000 requested the 4th respondent to approach the 2nd respondent for expediting the decision with respect to the exemption. The 4th respondent vide its letter dated 5-10-2000 requested the 2nd respondent to convey the decision on grant of exemption for P.O.(L) course for promotion. The 2nd respondent vide its letter dated 17-11- 2000 informed the 4th respondent that the exemption of PO leadership course is not approved as the promotion regulation does not provide for any exemption of PO leadership course for promotion. As the petitioner was released from service on 31- 7-2001 and as he was in service till then, he could not file any case seeking redressal. In similar circumstances, his juniors as well as seniors were promoted to higher ranks even though their disability is more than that of the petitioner. Hence this Writ Petition. Heard the learned counsel and perused the material available on record. On 19-2-2003, this Court while admitting the Writ Petition, ordered expediting the hearing of the main Writ Petition. The respondents have not chosen to file any counter affidavit. The main grievance of the petitioner is that the respondents did not grant exemption for P.O.(L) course and since no further promotions were given to him, he was forced to come out of service on 31-7-2001. It is his further grievance that as the petitioner was released from service on 31-7-2001 and as he was in service till then, he could not file any case seeking redressal. In similar circumstances, his juniors as well as seniors were promoted to higher ranks even though their disability is more than that of the petitioner. In view of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I feel it just and proper to remand the matter back to the respondents authorities concerned by setting aside the order impugned mainly on the ground that the impugned order is in violation of natural justice. With the above observation, this Writ Petition is allowed setting aside the order impugned and the matter is remanded back to the respondents-authorities concerned for fresh consideration. The respondents-authorities are directed to pass appropriate orders, after giving an opportunity to the petitioner as well as the contesting respondents, within a period of two months from the date of receipt of a copy of this order. No costs. __________________________ JUSTICE G.CHANDRAIAH Dated 02-06-2010. Dvs HONOURABLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION No.2950 OF 2003 Dated 02-06-2010