is there any positive orders issued by the government? if so please upload
the same for information.? It would great by help to pressure our state
govt. for providing such reservation for PWD in promotions.
----- Original Message -----
From: "u. srinivasan" <[email protected]>
To: <[email protected]>
Sent: Tuesday, August 30, 2011 8:36 AM
Subject: [AI] Historic Judgement Fw:
----- Original Message -----
From: R. MURALIDHAR
To: [email protected]
Cc: u. srinivasan ; [email protected]
Sent: Tuesday, August 30, 2011 8:19 PM
Sirs,
Please read this historical judgement.
CWP No. 11467 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 11467 of 2010
Date of Decision: September 06, 2010
Disabled Persons Association ......Petitioner
Versus
State of Punjab and another ...... Respondents
Coram: Hon'ble Mr. Justice Mukul Mudgal, Chief Justice
Hon'ble Mr. Justice Ajay Tewari
****
Present: Mr. Gurminder Singh, Advocate
for the petitioner.
Ms.Madhu Dayal, Addl. AG, Punjab.
****
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?
Mukul Mudgal, CJ.
By this petition, which has been filed as a PIL, the petitioner
has prayed for issuance of directions to the respondent-State to grant
reservation to the extent of 3% to physically handicapped persons and
appointment to public posts by way of direct recruitment as also promotion
to categories and groups as per the provisions of The Persons with
Disabilities(Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995.
CWP No. 11467 of 2010
2
It may be mentioned here that in CWP No. 5809 of 2010
decided on 24.05.2010 a Division Bench of this Court had allowed a similar
petition in respect of promotion to Group 'C' and 'D' posts. It was also
not
disputed that 3 % reservation is already being given and direct
recruitment
in Groups 'A', 'B', 'C', and 'D' services as per letter dated
2.5.97(Annexure
P-1). Thus the only dispute which remains is with regard to promotion to
Group 'A' and 'B' posts.
In yet another case bearing CWP No. 12741 of 2009 decided
on 18. 3.2010, Viklang Sangh Haryana v. State of Haryana and others,
in relation to the State of Haryana this Court held as follows:
"In view of the above position of law laid down by the Hon'ble
supreme court, the Court must adopt a liberal interpretation
which advances the achievement of the object of the Act. The
interpretation which is sought to be suggested by the State for
denying reservation of 3% in the promotional avenues would
obviously defeat the object of the Act."
In the written statement filed by the respondent-State of Punjab
these facts have not been disputed. It is, however, pleaded that
Government
of India has not provided reservation by way of promotion in Group 'A' and
'B' services. In this context in the case of Viklang Sangh Haryana (supra)
this Court had found as follows:
"Even the Government of India, through the Ministry of
Personnel, Public Grievances & Pension, Department of
Personnel & Training,New Delhi has reserved posts for the
handicapped in departmental promotions to the extent of 3%.
the information supplied vide letter dated December 05, 2007
to the petitioner by the aforesaid Ministry is to the following
effect:
" (i)
Reservation for SC candidates in departmental
promotion quota is 15%
CWP No. 11467 of 2010 3
(ii)There is no reservation for OBC candidates in
departmental promotion quota
(iii)Reservation for physically Handicapped quota is 3%
(iv) x x x x x x x x x x x x x x x x x x x x x x x x x x"
In this view of the matter the assertion of the State of Punjab
that there is no reservation provided by the Government of India for
promotion to Group 'A' and 'B' services cannot be accepted.
In the circumstances this writ petition is allowed and a
direction is issued to the respondent-State of Punjab to keep 3% posts
reserved for promotion for the disabled in Group 'A' and 'B' posts also
and
to issue necessary promotion orders not later than six months from today.
(MUKUL MUDGAL)
CHIEF JUSTICE
(AJAY TEWARI)
JUDGE
September 06, 2010
sunita
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