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As per case facts, the petitioner, initially a Lab Technician, developed a low vision disability and was subsequently absorbed as an Extension Officer (Panchayat) through a court order. His appointment
...to the new post included a condition that he would be placed at the bottom of its seniority list. Later, he was excluded from a provisional promotion seniority list because his seniority was counted from his absorption date as an Extension Officer, not his initial appointment as Lab Technician. He challenged this exclusion. The question arose whether, in shifting a disabled employee to another suitable post under Section 47 of the Act, seniority of existing employees in that cadre can be disturbed, and if the petitioner's initial appointment date as Lab Technician should be considered for seniority for promotion. Finally, the Court held that Section 47 protects disabled employees from rank or pay reduction but does not require disturbing the seniority of regular employees in the new cadre. Promotion is not a vested right and cannot be denied *solely* due to disability, provided eligibility criteria like experience are met. The petitioner, having accepted the transfer with the tail-end seniority condition and not meeting the required experience, was not deemed discriminated against under Section 47(2).
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