Supreme Court · 2004 INSC 438 · Decided 11 August 2004
Union of India v. Sanjay Kumar Jain
- Court
- Supreme Court of India
- Citation
- 2004 INSC 438 · [2004] SUPP. 3 S.C.R. 463
- Case number
- CIVIL APPEAL No. 5178/2004
- Decided
- 11 August 2004
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Leave Granted & Dismissed
- Case type
- Civil
Headnote
A v. SANJA Y KUMAR JAIN AUGUST I I, 2004 [ARIJIT PASAYAT AND C.K. THAKKER, JJ.) B Service Law : Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; Proviso to Sub-section 2, Section 471 C Establishment Manual; Para J 89A : Appointment to higher of physical disability amounts to discrimination-Affirmed by High Court- D On appeal, Held: In terms of Section 47(2) of the Act, promotion cannot be denied on grounds of disability-Proviso to the Section does not give unbridled power to Government to exclude any establishment from the application
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