Mukesh Kumar Bhatia Vs DDA and Ors. — Delhi HC (2026) — LawSathi Research

Mukesh Kumar Bhatia Vs DDA and Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Petition disposed of with the matter remitted to the CAT for re-consideration of the Petitioner's entire claim (availability of the post for PwD promotion, seniority in the PwD category, effect on others' seniority, and maintainability absent impleadment), with directions for expeditious disposal preferably within three months and for the parties to appear before the Tribunal on 03.02.2026.

Issue for consideration

Whether the post against which the Petitioner claims promotion was available for promotion in the category of PwD. +3 more

Ratio / Principle

In view of the Supreme Court's decision in Rajeev Kumar Gupta (that persons with disabilities are entitled to promotion in all Groups including Group 'A' and 'B') and the consequent Office Memorandum issued by the Ministry of Personnel, Public Grievances and Pensions Department, the CAT is required to re-consider the entire claim of the Petitioner.

Key takeaways

It is appropriate for the Court of first instance (the Tribunal) to re-consider the entire matter afresh.ratio¶19
The Tribunal is directed to make sincere effort for expeditious disposal of the petition preferably within the next three months, and the parties through their counsel are directed to appear before the Tribunal on 03.02.2026.ratio¶22
The present Writ Petition, along with the pending application, is disposed of.

Detailed headnote1 paragraphs

Delhi High Court (Anil Kshetarpal and Amit Mahajan, JJ.) on 13.01.2026 disposed of W.P.(C) 1769/2011 (Mukesh Kumar Bhatia v. DDA & Ors.) by remitting the matter to the Central Administrative Tribunal for fresh consideration. The Petitioner, a person with disability appointed as LDC in 1982, promoted UDC on 20.11.1989 and as ad hoc Accountant on 10.01.2000 (retired 2020), had sought accelerated promotion under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The CAT had dismissed his petition on 03.06.2008 on two grounds: the post was earmarked for an SC/ST candidate, and the Accountant being a Group 'B' post carried no reservation for persons with disability as per instructions. Noting that during the pendency of the Writ Petition the Supreme Court in Rajeev Kumar Gupta & Ors. v. Union of India & Ors., 2016 (13) SCC 153, held that persons with disabilities are entitled to promotion in all Groups including 'A' and 'B', and the consequent Office Memorandum of the Ministry of Personnel, Public Grievances and Pensions Department, the Court held the CAT must re-consider the Petitioner's entire claim, examining (i) availability of the post for PwD promotion, (ii) the Petitioner's seniority in the PwD category, (iii) the effect of any promotion on other persons' seniority, and (iv) maintainability absent impleadment of adversely affected persons. The Tribunal was directed to dispose of the petition expeditiously, preferably within three months, with the parties to appear before it on 03.02.2026.

$~73

* IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(C) 1769/2011 and CM APPL. 61080/2025

MUKESH KUMAR BHATIA .....Petitioner Through: Mr. Pankaj Sinha, Ms. Garima, Ms. Humaira Salam, Mr. Sunil Kumar Tiwari and Mr. Shyam Advs. with Petitioner in person.

versus

DDA AND ORS .....Respondents Through: Mr. Arun Birbal and Mr. Sanjay Singh Adv, Advs. for R-1/DDA Ms. Shiva Lakshmi and Mr. Madhav Bajaj, Advs. for R-2 and R-3.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R % 13.01.2026

Through this Writ Petition, the Petitioner assails the correctness of the order passed by the Central Administrative Tribunal [hereinafter referred to as >CAT?] on 03.06.2008.

In substance, the Petitioner being a person of disability, prays for accelerated promotion, under the Provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. The Petitioner was appointed as a Lower Division Clerk (LDC) in the year 1982, whereas he was promoted as Upper Division Clerk (UDC) on 20.11.1989. On 10.01.2000, he was promoted on adhoc basis as an Accountant. He retired in the year 2020.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/01/2026 at 13:17:05

The Tribunal dismissed the petition on the following two grounds:-

(i) The post, the Petitioner?s claims is earmarked to be filled by a SC/ST candidate.

(ii) The Accountant is a Group >B? Post and as per instructions there is no reservation for person with disability in Group >B? Post.

During the pendency of the Writ Petition, the Hon?ble Supreme Court in Rajeev Kumar Gupta & Ors. Vs. Union of India & Ors. 2016 (13) SCC 153, has held that the person with disabilities are entitled to promotion in all the Groups including Group >A? and >B?. Pursuant thereto, the Office Memorandum has been issued by the Ministry of Personnel, Public Grievances and Pensions Department to the same effect.

In these circumstances, the CAT is required to re-consider the entire claim of the Petitioner. It has to be examined by the Tribunal (i) whether the post against which the Petitioner claims promotion was available for promotion in the category of PwD; (ii) whether the Petitioner was the senior most person available under person with disability category; (iii) what is the effect of granting promotion, if any, to the petitioner, upon the seniority of other persons; (iv) whether the petition would be maintainable in absence of impleadment of other persons who are adversely effected.

Keeping in view the aforesaid facts, it will be appropriate for the Court of first instance to re-consider the entire matter. However, taking into consideration the effect that the Petitioner filed the original petition in the year 2006 which was subsequently transferred to the

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/01/2026 at 13:17:05

CAT in the year 2007, the Tribunal is directed to make sincere effort for expeditious disposal of the petition preferably within next three months. The parties through their counsel are directed to appear before the Tribunal on 03.02.2026.

In view of the above, the present Writ Petition, along with pending application, is disposed of.

ANIL KSHETARPAL, J.

AMIT MAHAJAN, J.

JANUARY 13, 2026 /sp/kb

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/01/2026 at 13:17:05