TaxTMI 
TaxTMI 
2017 (1) TMI 1835
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....e 'NBCC'), published an advertisement in the Employment News dated 23-29 September 2006, inviting applications for different posts, including the post of Senior Stenographer in the category of Scheduled Caste and Visually Handicapped (Partially Blind). As per the advertisement, the qualification for Senior Stenographer was Graduate with speed in English or Hindi shorthand 110 / 100 w.p.m. respectively and typing speed computer 50 / 40 w.p.m. respectively. In other words, the candidates knowing Hindi shorthand were required to have the speed of 100 w.p.m. and the typing speed of computer on 40 w.p.m. The petitioner, being visually handicapped (partially blind), applied for the same and it is an admitted case that the skill test of th....
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.... petitioner challenged the impugned order of his termination in the Central Administrative Tribunal, in O.A. No. 227 of 2013(R), which was adjudicated upon by the Central Administrative Tribunal and by order dated 22nd of April, 2015, the said O.A., was allowed in part, quashing the termination order dated 24.9.2013, which has been brought on record as Annexure-7 to the writ application. The petitioner was directed to be reinstated in service forthwith and be deemed to be continuing in the same condition as he was continuing prior to his termination order. However, it was also directed that the period of probation shall continue so long, as the petitioner failed to clear the proficiency test in English shorthand and typing. The petitio....
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....e promotions. 6. In support of his contention, learned counsel has placed reliance upon a decision of Delhi High Court in W.P.(C) No. 1583 of 2015 [National Buildings Construction Corporation Ltd. Vs. Moala Jamir], decided on 20th of February, 2015, in which, in a similar manner, in case of a candidate, who was proficient in English shorthand and typing and a condition was imposed upon him to pass the proficiency test in Hindi shorthand and typing and his services were also terminated, the Central Administrative Tribunal, quashed the termination order as also the condition in the offer of appointment, requiring the said candidate to pass the proficiency test in Hindi shorthand and typing. The NBCC challenged the order of the Central A....
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....riod was extended from time to time, but he could pass the said test, in spite of taking several attempts, and accordingly, his services were ultimately terminated. Learned counsel for the NBCC has submitted that there is no illegality in imposing the condition upon an employee for passing the proficiency test in shorthand and typing in other language also, and in any event, no objection was raised by the petitioner with respect thereto at the time of his joining. Learned counsel has further submitted that in obedience to the orders, passed by the Central Administrative Tribunal, the petitioner has already been taken in the services, but he has to remain in probation period, until he clears the proficiency test in English shorthand and typi....
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....bout the condition, cannot put the petitioner in an in advantageous position, inasmuch as, the petitioner admittedly was searching for his bread and butter, and he was not in the equal footing with the NBCC for negotiation. He was offered the appointment letter with that condition, and he had no option but to accept the same, otherwise the only consequence that was to follow, was that the petitioner, who is a visually handicapped (partially blind) person, had to loose his job. The NBCC is a 'State' within the meaning of Article-12 of the Constitution of India, and it was not expected from it to impose such arbitrary and unreasonable conditions, unless it is the case of the NBCC, that it is the normal practice in the NBCC that all th....