Summary
An airman in medical category A4G4(P) was ineligible for select promotion to Junior Warrant Officer under the unchallenged policy. Lower disability percentage than other officers did not establish discrimination because medical category and functional capacity governed. The applicable combatant-post exemption defeated reliance on Section 47 for the later promotion consideration.
Issues
- Whether disability comparisons and empanelment entitled the appellant to select promotion despite his medical category.
- Whether Section 47 applied notwithstanding the notified armed-forces exemption.
Provisions considered
- Section 47(2), proviso, Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995Permits notified establishment exemptions; the combatant-post exemption applied to the appellant’s subsequent promotion claim. (¶ 16–18)
Held
- Medical category depends on objective medical and functional factors, not disability percentage alone. Comparator officers were in promotable categories or materially different circumstances. No tangible ground undermined the appellant’s categorisation. (¶ 9–15)
- Empanelment and experience did not create a vested right to select promotion without satisfying medical eligibility. The policy distinguished select promotion from time-bound promotion, which the appellant had already received. (¶¶ 15, 18–19)
- The appellant first came within promotion consideration after the relevant exemption notification. Earlier onset of disability did not establish a pre-exemption promotion entitlement or make Section 47 applicable to this claim. (¶ 16–18)
Result
Appeal dismissed without costs; denial of select promotion upheld under the applicable policy and exemption.