Whether or not Reservation In Promotion Can Be Granted To Individuals With Incapacity If Their Entry Level Was Completely different? Supreme Court docket To Study
Can people with physical disabilities get a reservation for transportation if their entry point is not a person with disabilities under the Law on People with Disabilities (Equal Opportunities, Protection of Rights and Full Participation)? The Supreme Court will consider the matter in a special leave request filed by the state of Kerala.
The state went to the Apex Court appealing the Kerala High Court’s order overturning the Kerala Administrative Tribunal’s order that rejected an original motion filed by Leesamma Joseph seeking a reservation for promotion. The High Court ruled that because of the disability, she should be considered for promotion at the time her claim was originally made. subject to their seniority in relation to the other physically challenged candidates who are entitled to such a reservation. The Supreme Court therefore referred to a ruling by the Apex Court in the Siddaraju v. Karnataka State, with three judges, which found that such a reservation applies to promotions
Against this order, the state contended that she had been given a compassionate job and that the entry point was not a person with a disability within the Disabled Persons group. Therefore, such a person could not make a reservation regarding carriage under the law, as was the case with the other general candidates.
However, the bank, with Judges Sanjay Kishan Kaul, Dinesh Maheshwari and Hrishikesh Roy, found that, having already retired, Leesamma is not inclined to compromise the relief given to her.
The court appointed attorney Gaurav Agrawal amicus curiae to assist him in establishing the legal issue.
CASE: KERALA STATE vs. LEESAMMA JOSEPH [SLP (C) No(s). 14540/2020]
Click here to read / download the order