Allahabad High Court High Court

Ashok Kumar vs U.P.State Bridge Corp. Through … on 7 July, 2010

Allahabad High Court
Ashok Kumar vs U.P.State Bridge Corp. Through … on 7 July, 2010
Court No. - 22

Case :- SERVICE SINGLE No. - 4457 of 2010

Petitioner :- Ashok Kumar
Respondent :- U.P.State Bridge Corp. Through Its M.D. And Ors.
Petitioner Counsel :- D.K.Tripathi
Respondent Counsel :- Shishir Jain

Hon'ble Satyendra Singh Chauhan,J.

Heard learned counsel for the petitioner and learned counsel for the U.P. State
Bridge Corporation.

The petitioner has come forward claiming handicapped quota on the basis of
Government Order dated 7.5.1999.

Submission of learned counsel for the petitioner is that the petitioner, who
falls in the category of Beldar, is entitled for the benefit of the handicapped
quota and the petitioner cannot be distinguished with other persons, who are
in other categories and whose services have been regularized. Further
submission is that the unskilled office worker has been given the benefit of
the handicapped category but the petitioner has not been given the aforesaid
benefit although he is also unskilled labourer.

Learned counsel for the opposite parties, on the other hand, has submitted that
the unskilled office worker is altogether different and distinguished category
than from the category of the Beldar to which the petitioner belongs. It is also
submitted that with certain object, the Beldar has been kept outside the
purview of handicapped category as it requires heavy nature of duties.

After hearing learned counsel for the parties, I find that the distinction drawn
by the opposite parties and categorization made by them with the underlying
object is in the interest of the organization at large and it is also beneficial to
the public at large and working of the organization will not be hampered as
the work of Beldar is of heavy nature. The opposite parties have cautiously
taken the aforesaid category from inclusion in the handicapped category. The
decision of the opposite parties, in the opinion of the Court, is in accordance
with law and cannot be faulted in any manner.

The writ petition is devoid of merit. It is accordingly dismissed.

Order Date :- 7.7.2010
RBS/-