High Court of DelhiW.P.(C)/5498/2013

Jaswinder Singh v. Union Of India & ORS

2019-09-18Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice Talwant Singh2 pages

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

IN THE HIGH COURT OF DELHI AT NEW DELHI

7,9&10.

+ W.P.(C) 5498/2013 JASWINDER SINGH Petitioner Through: Mr Ankur Chhibber, Advocate, versus UNION OF INDIA & ORS.

Respondents Through:

Mr Ripu Daman Bhardwaj, CGSC for UOI with Mr Anil Thakur (AC Law).

+ W.P.(C) 7392/2013 RANJAN KUMAR GANTAYAT Petitioner Through:

Mr Ankur Chhibber, Advocate.

versus UNION OF INDIA & ORS.

Respondents Through:

Mr Ripu Daman Bhardwaj, CGSC for UOI with Mr Anil Thakur (AC Law).

+ W.P.(C) 7408/2013 RAJESH SINGH Petitioner Through:

Mr Ankur Chhibber, Advocate.

versus UNION OF INDIA & ORS.

Respondents I Through:

Mr Ripu Daman Bhardwaj, CGSC for UOI with Mr Anil Thakur (AC Law).

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

ORDER

% 18.09.2019

1. The Court has been shown the copy of the 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 of this Court in W.P.(C) No.356/2013 {P. Suresh Kumar v. Union of India) and a batch of petitions have been dismissed on merits.

2. In that view of the 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 of the Petitioners unfit due to colour blindness are set aside. A mandamus is issued to the Respondents to consider the case of each of the Petitioners for promotion to the posts where their colour blindness would not be a disqualification. If for any of those 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 of India {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 of accordingly. S. MURALIDHAR, J.

TALWANT SINGH, J.

SEPTEMBER 18, 2019 rd