Supreme Court of India · 2004-08-11
Union Of India (Uoi) vs Sanjay Kumar Jain
- Citation / case number
- AIR2004SC4139
- Court
- Supreme Court of India
- Petitioner
- Union Of India (Uoi)
- Respondent
- Sanjay Kumar Jain
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court upheld the decision of the Delhi High Court affirming the Central Administrative Tribunal's ruling that the respondent, a visually handicapped employee, should not be excluded from promotion opportunities based on his disability, in light of Section 47(2) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Court emphasized that the provisions of the Act mandate non-discrimination in employment, and the High Court correctly interpreted the law despite the Union of India's argument regarding the proviso allowing exclusion in certain cases. The appeal by the Union of India was dismissed, reinforcing the rights of disabled employees in government service.