Individuals With Disabilities Have Proper To Reservation In Promotions : Supreme Courtroom

The Supreme Court ruled on Monday that people with physical disabilities also have the right to make reservations for promotions.

A bench of two judges, consisting of Judges Sanjay Kishan Kaul and R. Subhash Reddy, dismissed an appeal by the state of Kerala against a ruling by the Kerala Supreme Court (state of Kerala vs. Leesamma Joseph).

The Supreme Court said the High Court’s ruling was “salutary” and did not require interference. The full copy of the judgment is expected.

In addition, the Supreme Court ordered the Kerala government to implement a reservation on funding for the disabled within three months.

The bank followed a January 2020 ruling by a 3-judge bank in the Siddaraju vs. State of Karnataka case that found that the rule set in the Indra Sawhney case did not apply to the disabled without reservation for promotions. In Siddaraju, a bench of judges RF Nariman, V. Ramasubramanian and Aniruddha Bose were considering a reprimand challenging a view expressed in Rajiv Kumar Gupta & Others v Union of India & Others – (2016) 6 SCALE 417 Rajiv Gupta had in the In connection with the Law on People with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) of 1995, stated that there is no ban on the carriage of people with disabilities against reservations. The bank in Rajiv Gupta said the principle in Indra Sawhney & Others v. Union of India & Others – (1992) Supp. 3 SCC 215 against reservation in promotions does not extend to PWDs.

In Siddaraju, the 3-Judge Bank upheld the Rajiv Gupta view that people with disabilities have the right to conditional transportation.

In today’s ruling, the Supreme Court found that the Kerala government has failed to follow instructions in Rajiv Gupta. Accordingly, the state was instructed to implement the instructions in all departments within 3 months.

A Chamber of Judges K Vinod Chandran and PV Kunhikrishnan Siddaraja succeeded in the Kerala Supreme Court to overturn a decision by the Kerala Administrative Court dismissing the petitioner’s motion for reservation of carriage as a disabled person.

The High Court had ordered:

“The applicant should be considered for her disability promotion at the time her claim was originally made; subject to their seniority in relation to the other disabled applicants who are entitled to such a reservation. In addition, she should be granted the fictitious benefits of her promotion. ”From the date on which her entitlement was established. If the petitioner does not retire, she will be promoted within one month from today and all of her cash benefits will be granted to her from that date and, even if she is not promoted, from the expiry date of one month from today. If the petitioner is already retired, her last earnings will be taken into account on the basis of the fictitious earnings and her pension will be determined accordingly. “

(The report will be updated with the judgment).