T.John William v. The Commissioner Of Customs (Improts)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR and W.M.P.No.26933 of 2026 T.John William S/o.S.Thomas, No.45, B-1, Thendral Nagar, 4th Cross Street, Selavoil, Kodungaiyur-118 ..Petitioner(s) Vs

1. The Commissioner of Customs (Imports) Customs House, No.60, Rajaji Salai, Chennai-600 001.

2. Union of India Rep by its Secretary, Ministry of Finance, New Delhi-110 066

3. The Chairperson Medical Board, Government Institute of Rehabilitation Medicine, K.K.Nagar, Chennai-600 083

4. The Department of Disability Affairs, Rep. by its Secretary, Ministry of Social Justice and Empowerment, A Wing, Shastri Bhavan, Dr.Rajendra Prasad Road, New Delhi-110 001

5. Assistant Commissioner of Customs Establishment, General Commissionerate, Office of the Principal Commissioner of

Customs, General, Customs House, No.60 Rajaji Salai, ..Respondent(s) Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records and set-aside the order dated 18.03.2025 in OA No.1188/2015 issued by the Central Administrative Tribunal, Chennai Bench, declare the classification of persons with disabilities as One Arm (OA), One Leg (OL) One Arm and One Leg (OAL) and Hearing Handicapped (HH) as arbitrary and illegal, quash order F.No.II(39)/ OTH/ 599/ 2025-ESTT-O/ o-Comm- Cus-Gen Chennai dated 07.10.2025 issued by the 5th respondent r/w Circular No.46/2014 Ref. No.F. No.C41 / 08 and 09/ 2014-Estt dated 22.09.2014 issued by the 1st respondent in respect of the petitioner alone and direct the 1st and 2nd respondents to promote the petitioner to the post of Inspector (examiner) with effect from the date of his immediate junior was appointed with all consequential benefits without insisting on walking and cycling test rules. For Petitioner(s):

Ms.N.S.Tanvi For Respondent(s):

Mr.K.Srinivasa Murthy, Senior Central Government Standing Counsel (SCGSC) for R1, R2, R4 & R5.

ORDER

(Order of the Court was made by S.M.Subramaniam J.) The present writ petition has been instituted challenging the order of the Central Administrative Tribunal, Chennai Bench, dated 18.03.2025 in O.A.No.1188 of 2015.

2. The Central Administrative Tribunal directed the respondent to arrange for a medical re-examination of the applicant for evaluation of the disability in each Arm/Leg on an individual basis at an approved centre and depending upon the results of the evaluation, if the applicant is found to be falling within the classification approved for the post of Inspector Examiner, allow exemption from Physical Standards Test(as applicable) and if eligible in all other respect, promote him to the post of Inspector Examiner, notionally from the date of joining of his immediate junior.

3. In compliance with the order of the Central Administrative Tribunal, the writ petitioner underwent medical re-examination and evaluations are made by the competent Medical Board. Based on the assessment of the disability and eligibility, the respondent has passed an order in proceedings dated 07.10.2025, rejecting the claim of the writ petitioner. In the said order, the respondent has stated as follows:

3. As per the recruitments rules and instructions issued by the CBIUC/DoPT, only the following four PH categories are identified as suitable for appointment/ promotion t the post of inspector (examiner).

One Leg (OL) One Arm (OA) One Arm and One Leg (OAL) Hearing Handicapped (HH)

4. Since your medical certificate records disability in both lower limbs (BL), with 30% in each limb, your case does not fall under any of the four eligible categories prescribed for the said post. Accordingly, your request for exemption

from the Physical Standards Test (PST) and consideration for promotion under the PH category cannot be acceded to. The said order provide a new cause of action. Therefore, the present writ petition is not maintainable. The respondents had already acted upon the order of the Central Administrative Tribunal and medical re-examination was conducted and a fresh order on merits came to be issued.

4. That being the factum, the present writ petition is not entertainable. However, the petitioner is at liberty to approach the Central Administrative Tribunal, if he has chosen to challenge the said order dated 07.10.2025. With this liberty, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

(S.M.S.,J.) (N.S.,J.) 30-06-2026 Index: Yes/No Speaking/Non-speaking order vsi To

1. The Commissioner of Customs (Imports) Customs House, No.60, Rajaji Salai,

2. Union of India Rep by its Secretary, Ministry of Finance, New Delhi-110 066

3. The Cahirperson Medical Board,

Government Institute of Rehabilitation Medicine, K.K.Nagar, Chennai-600 083

4. the Department of Disability Affairs, Rep. by its secretary, Ministry of Social Justice and Empowerment, A Wing, Shastri Bhavan, Dr.Rajendra Prasad Road, New Delhi-110 001

5. Assistant Commissioner of customs Establishment, General Commissionerate, Office of the Principal Commissioner of customs, General, Customs House, No.60 Rajaji Salai,

S.M.SUBRAMANIAM, J.

AND N.SENTHILKUMAR, J.

vsi 30-06-2026