C.W.P No. 14081 of 2006 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P No. 14081 of 2006 Date of decision : January 21, 2009 Balwant ...... Petitioner (s) v. The Kaithal Cooperative Sugar Mills Ltd Kaithal and others ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. J.P.Dhull, Advocate for the petitioner. Mr.Ramesh Chahal, Advocate for respondent No.1. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) The petitioner, who is handicap being dumb, is the senior most employee. He is seeking promotion to the post of Khalasi. Counsel for the petitioner places reliance upon Section 47 of the Persons With Disabilities (Equal) Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short “the Act”) and has argued that on the basis of medical disability alone the petitioner cannot be denied promotion. Section 47(2) of the Act reads as follows :- C.W.P No. 14081 of 2006 ::2:: “47(2)- No promotion shall be denied to a person merely on the ground of his disability.” Counsel for respondent No.1 states that even though the petitioner was not found fit for promotion as Khalasi, yet he is not in a position to deny the legal consequences of Section 47(2) of the Act. He further states that as per the last order of this Court dated 5.11.2008 he sought instructions whether the petitioner could be accommodated as Pump Operator but he has been informed that there is no vacancy of Pump Operator available. On going through the records, it transpires that the petitioner, who is working as a Coolie, has been denied the promotion as Khalasi on the ground that he cannot undertake physical work of a Khalasi. In my opinion, the work of Khalasi is more physically demanding than the work of a Coolie. In the circumstances, this writ petition is allowed and respondent No.1 is directed to consider the case of the petitioner for promotion as Khalasi from the date his juniors were so promoted and if necessary the junior most would necessarily have to be reverted to make way for the petitioner. ( AJAY TEWARI ) January 21, 2009. JUDGE `kk'