STATE OF TRIPURA Vs. ASHOK DATTA
LAWS(TRIP)-2021-1-24
HIGH COURT TRIPURA
Decided on January 08,2021

STATE OF TRIPURA Appellant
VERSUS
Ashok Datta Respondents

JUDGEMENT

S.Talapatra,J. - (1.) Heard Mr. D. Bhattacharya, learned counsel appearing for the petitioners as well as Mr. C.S. Sinha, learned counsel appearing for the respondent.
(2.) By means of this writ petition, the State of Tripura and its Officers have challenged the order dated 29.08.2014 delivered in Case No.31(Original Case No.258)/1021/12-13 by the State Commissioner for Persons with Disabilities [Annexure-9 to the writ petition].
(3.) By the said order, the State Commissioner for Persons with Disabilities (PWD, in short) has sought to redress the grievance of the respondent that 30% reservation for PWDs has not been implemented in promotion. The petitioner despite being eligible to be considered for promotion was not considered. The petitioner entered in the service as the Junior Engineer (Ex-cadre) under that category. Thereafter, he was regularized in the service with effect from 30.03.2003 in the Grade-V(B) of the Tripura Engineering Service. The petitioner has claimed that he is suffering from bench-mark disabilities and as such, he is entitled to be considered for promotion against reserved vacancy for the persons with disability as per Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995) or the Rights of Persons with Disabilities Act, 2016.;


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