Courts may restore a cancelled promotion where a PwBD employee unconditionally accepts its original terms.

The respondent was appointed by Indian Oil Corporation Ltd. (“Corporation”) in 2002 and, while serving as Foreman (Mechanical) at NRPL, Bijwasan, was promoted to Officer Grade ‘A’ as Operations and Maintenance Engineer and posted to NRPL, Tikrikalan, by order dated 01.07.2026.

The order required him to be relieved from Bijwasan by 30.07.2026 and provided that failure to join at Tikrikalan would result in cancellation of the promotion and a two-year bar on consideration for promotion to Officer Grade ‘A’.

The respondent sought modification of his posting on the ground that he was a Person with Benchmark Disability, suffering from 40% permanent locomotor disability, but the request was rejected.

As he did not join at Tikrikalan, the Corporation cancelled his promotion on 31.07.2026.

The learned Single Judge set aside the cancellation order, treated the respondent’s affidavit as unconditional acceptance of the promotion offer, and directed the Corporation to permit him to join at Tikrikalan.

The Corporation challenged that order in the present appeal.

1. Whether the learned Single Judge was justified in setting aside the Corporation’s order dated 31.07.2026 cancelling the respondent’s promotion and permitting him to join at NRPL, Tikrikalan.

2. Whether, in the facts and circumstances—including the respondent’s status as a Person with Benchmark Disability and his unconditional undertaking to accept the original posting—the appellate court should interfere with the Single Judge’s order.

The Court applied the principles governing judicial discretion in writ jurisdiction and appellate restraint, particularly the principle that an appellate court should not interfere with a discretionary order where it is based on relevant circumstances and does not cause prejudice or injustice.

The Court also gave weight to the respondent’s status as a Person with Benchmark Disability and to his unconditional acceptance of the original promotion terms, including the posting at Tikrikalan.

The learned Single Judge had not altered the substantive terms of the promotion or directed a posting at Bijwasan; rather, after the respondent abandoned his challenge to the place of posting and undertook to join at Tikrikalan, the Court afforded him an opportunity to accept the original offer.

The Division Bench considered the respondent’s disability, his unconditional affidavit, and the absence of prejudice to the Corporation.

Since the impugned order merely restored the promotion on the original terms and enabled the respondent to join at the designated workplace, the Court found no basis for appellate interference.

The Corporation was required to give effect to the promotion order dated 01.07.2026 and permit the respondent to report and join as Officer Grade ‘A’ at NRPL, Tikrikalan.

No order was made as to costs.