Union Of India & Ors vs Pritilata Nanda

Since the inception of mankind, many lacs have suffered from different types of physical handicaps (today about 600 million people suffer from such handicaps), but many of them overcame all kinds of handicaps and achieved distinctions in various fields. Sarah Bernhardt - French actress was disabled by a knee injury. Her leg was amputated in 1914 but she continued to work on stage until just before her death. Beethoven was deaf when he composed his 9th symphony. Winston Churchill, Walt Disney, Thomas Edison, Albert Einstein, Alexander Graham Bell, Nelson Rockefeller, George Washington and many others had learning disability. Stevie Wonder who was blinded during his childhood became world famous pianist and singer. Brail, who was a blind, had the distinction of inventing script for the blind. With the aid of brail script, a large number of physically handicapped (blind) made tremendous achievement in life. Dr. Hellen Keller who was blind became an international figure because despite her handicap, she discovered the world through her finger tips. Her achievements of difficult goals and her loving kindness made her life an inspiration for countless people all over the world. Expressing his admiration for Dr. Hellen Keller, Eleanor Roosevelt wrote "in her life and happiness in life, Miss Keller has taught an unforgettable lesson to the rest of us who would not have had such difficulties to overcome. Ralph Barton Perry in his introduction to Dr. Keller's book `The Story of My Life' wrote "it is true that Hellen Keller is handicapped as indeed, who is not but that which distinguishes her is not her handicap but the extent to which she has overcome it and even profited by it. She calls for sympathy and understanding and not pity. No one can know her or read her without feeling admiration and gratitude. Soordas and Milton, both of whom were blind made poetry great by their brilliance and richness of thoughts and language. Edison, a great scientist and inventor was deaf. Byron, a great poet of England and Taimoor Leng, Mangolian warrior were lame. Maharaja Ranjit Singh, a great warrior and administrator was handicapped in eye sight. Mr. Mukat Behari Lal, a renowned and eminent advocate of the country, who became blind at a young age acquired phenomenal memory and argued cases after cases with extraordinary brilliance. He also remained member of Parliament for two decades and did not face any difficulty in discharging his role in that capacity.

The competent authority entertained the respondent's application and allowed her to appear in the written test held on 2.7.1989. On being declared successful in the written test, the respondent was called for viva voce test. She was finally selected and her name was placed at serial No. 11 in the merit list. Notwithstanding this, she was not appointed against one of the advertised posts and those placed at Sl. Nos.12 and 13 were offered appointment. The respondent represented her grievance before the higher authorities of South Eastern Railway, but without success. She then filed O.A. No. 112 of 1996 in Cuttack Bench of the Central Administrative Tribunal (for short, `the Tribunal'). The Tribunal passed an interim order and made it clear that any future appointment of physically handicapped candidate will be subject to the result of the O.A. During the pendency of the case, the respondent's father was informed by General Manager, South Eastern Railway, Caluctta that his daughter's case would be considered only if the O.A. is withdrawn. Thereupon, the respondent withdrew O.A. No. 112 of 1996. However, her candidature was not considered necessitating filing of O.A. No. 198 of 1997 in which she prayed for issue of a direction to the concerned authorities of South Eastern Railway to appoint her on a class III post. In the counter filed by the appellants herein, it was pleaded that even though the respondent had been selected, she was not offered appointment because her candidature had not been sponsored by any special employment exchange or any ordinary employment exchange.

The Division Bench finally allowed the writ petition in the following terms:

sections."

By applying the ratio of the above noted judgments to the case in hand, we hold that the concerned authorities of the South Eastern Railway committed grave illegality by denying appointment to the respondent only on the ground that she did not get her name sponsored by an employment exchange.

In our considered view, by denying appointment to the respondent despite her selection and placement in the merit list, the appellants violated her right to equality in the matter of employment guaranteed under Article 16 of the Constitution.

In the result, the appeal is dismissed. However, the operative part of the impugned order is modified in the following terms:

(2) The pay of the respondent shall also be fixed in the revised pay scales introduced from time to time and she be paid arrears within a period of four months.

(4) If during the intervening period, any person junior to the respondent has been promoted on the next higher post, then her candidature shall also be considered for promotion and on being found suitable, she shall be promoted with effect from the date any of her junior was promoted and she be given all consequential benefits.

(5) The General Manager, South Eastern Railway is directed to ensure that the respondent is not victimised by being posted in a remote area.

(6) Since the respondent has been deprived of her rights for almost 21 years, we direct the appellants to pay her cost of Rs.3,00,000/-. The amount of cost shall be paid within 2 months from today.

The Divisional Railway Manager, South Eastern Railway, Khurda Road shall send compliance report to this Court on or before 22nd November, 2010. The Registry shall bring the report to the notice of the Court by listing the case on judicial side.

Copies of this order be sent to General Manager, South Eastern Railway, Garden Reach, Calcutta, Divisional Railway Manager (P), Khurda Road, Jatni, District Khurda and respondent, Miss Pritilata Nanda, D/o Mr. Nityananda Nanda, Nanda Nivas-II, Dutta Tola, Post Office/District - Puri, Orissa.

........................................J. [G.S. Singhvi] ...........................................J. [Asok Kumar Ganguly] New Delhi July 16, 2010.