Disabled Staff Shift Can’t Upset Cadre Seniority: Bombay High Court Rules Nagpur: The Bombay High Court recently ruled that transferring a disabled employee to a suitable post under Section 47 of the Persons with Disabilities (PwD) Act, 1995, cannot disrupt the seniority of existing employees in the same cadre. The court emphasized that the law’s purpose is to protect employment and prevent discrimination, not to alter established hierarchies. This decision was delivered by Justice Mahendra Chandwani, addressing a petition filed by Rameshwar Surve, a zilla parishad employee from Yavatmal. Surve, who was initially appointed as a lab technician in 2002, developed low vision in 2010. In 2016, following court directions, he was absorbed as an extension officer (panchayat) with the same pay scale. However, he was placed at the bottom of the seniority list in the new cadre. When a promotion list for the Maharashtra Vikas Seva Group-B was issued in 2023, his name was excluded, prompting him to file a legal challenge. Surve argued that his earlier service as a lab technician should be counted toward his seniority in the new cadre. He relied on Section 47 of the PwD Act, which mandates protection for employees who acquire disabilities. The court, however, clarified that the provision does not grant a right to promotion or alter seniority structures. Justice Chandwani stated, “The contention that petitioner’s previous service be counted for determining his seniority in the cadre of extension officer (panchayat) cannot be accepted, particularly when other employees affected by this order are not parties to this petition.” The court further noted that Surve himself sought the transfer and accepted the condition of being placed at the tail end of the seniority list.#bombay_high_court #yavatmal #mahendra_chandwani #rameshwar_surve #maharashtra_vikas_seva_group_b
