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HC allows disabled woman's plea for allocation of civil service- 4-Aug-2016
New Delhi: The Delhi High Court has allowed a plea of a disabled woman, who cleared all rounds of civil services exam of 2012-13, for allocation of either Indian Administrative Service (IAS) or Indian Foreign Service (IFS) under physically handicapped category.
A bench of Justices Sanjiv Khanna and Najmi Waziri modified the order passed by Central Administrative Tribunal (CAT), saying she "is eligible for allocation/appointment to IFS in Civil Services Examination (CSE)-2012".
Shweta Bansal had also sought setting aside of CAT's order which had refused to direct that she be allocated a service of her choice.
CAT had passed the order on her plea in which she had challenged the government's decision regarding allocation of services to selected candidates as she had not been allocated any service despite having achieved a rank of 769 in CSE 2012.
"We accordingly direct and issue mandamus to respondents (Ministry of Personnel and Public Grievances and UPSC) to proceed to issue selection letter, etc. for appointment of the petitioner to the Indian Foreign Service. The petitioner would not be entitled to back wages and would undergo training with the next batch," the bench said.
It said that she would be entitled to the benefit of service from the date on which she could have been ordinarily appointed.
"Further, this prior period till the date of actual appointment would not be treated as actual service qualifying for promotion. Consequently, promotions already made shall not be disturbed as a result of the relief granted to the petitioner.
"Subject to the said limitations, the entire period commencing from the date she would have been ordinarily appointed would be treated as a part of her continuous service for all purposes including the retiral benefits and fixation of seniority," the bench said.
The court's order came on the plea of Bansal who had also questioned "the manner in which reservation is being effected by the Union of India, UPSC and other government and statutory authorities" in the civil services.
She had alleged that UPSC had failed to allocate any service to her whereas other disabled candidates who were ranked below her had been allocated services on "completely unjustified and ex-facie untenable basis".
Bansal had contended that she was recommended for service allocation by UPSC but she was not allocated a service of her choice.
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