Promotion under the VH quota on the basis of a disability certificate that is now considered invalid
I was appointed as a Junior Assistant in 1995 under the compassionate appointment quota. In 1998, after due medical examination by the District Medical Board, I was issued a disability certificate showing Visual Handicap (VH) of 55%.
In 2015, I was promoted as Senior Assistant under the general quota. Subsequently, my department informed me that the manual disability certificate issued in 1998 was not being considered and directed me to obtain a SADAREM certificate. Accordingly, I appeared before the competent Medical Board and was issued a SADAREM certificate in 2018 showing 40% Visual Handicap.
Based on the said SADAREM certificate, I was promoted as Superintendent in December 2018 under the VH reservation quota. My promotion was approved, my services were regularized, and my probation was declared.
Recently, my department issued another memo stating that the SADAREM certificate issued in 2018 is also not valid and directed me to undergo a fresh assessment before the State Level Appellate Medical Authority. After examination, the Appellate Authority assessed my present visual disability at 30%.
Based on this latest assessment, my higher authorities are proposing to cancel my promotion to the post of Superintendent and revert me to the post of Senior Assistant, stating that I had obtained promotion under the VH quota on the basis of a disability certificate that is now considered invalid.
My questions are:
1. Can a disability reassessment conducted years after promotion be applied retrospectively to cancel a promotion that was validly granted on the basis of a disability certificate issued by a competent authority at that time?
2. When there is no allegation of fraud, misrepresentation, or submission of a fake certificate, can an employee be penalized for relying on certificates issued by Government Medical Boards?
3. Does the subsequent reduction of disability percentage from 40% to 30% automatically invalidate the promotion granted in 2018?
4. Is the department legally justified in reverting me after my promotion has already been implemented, regularized, and acted upon for several years?
5. What legal remedies are available to challenge the proposed reversion order?
Kindly guide me on the legal position and the remedies available in this matter.
Asked 9 hours ago in Labour