Sir, when will be the final out come or DOPT may accept this order & issue circuler
On 3/3/15, SC Vashishth <[email protected]> wrote: > SC dismisses yet another attempt of Centre to sabotage reservation for > employees with disabilities in promotion > Dear Colleagues, > > Please refer to my earlier posts "Physically Challenged Versus Logically > Challenged > <http://disabilityrightsthroughcourts.blogspot.in/2013/12/physically-challenged-versus-logically.html>" > dated 10 Dec 2013 and "SC clarifies 3% reservation in appointment for > disabled extends to promotions and deputations as well > <http://disabilityrightsthroughcourts.blogspot.in/2014/10/sc-clarifies-3-reservation-in.html>" > dated 10 October 2014 . > > Despite a three judge bench of the then Chief Justice, Justice Kurian > Joseph & Justice Rohinton Fali Nariman of the Hon'ble Supreme Court > rejecting the Centre's argument against the reservation in promotion for > persons with disabilities on 12th Sep 2014 in Special Leave to Appeal (C) > CC No(s). 13344/2014 > <https://drive.google.com/file/d/0B9pA0kt0x8XwQ2hPblNlZE1pbDQ/view> in > terms of The Persons with Disabilities Act 1995, the Union of India (read > DoPT) has been dilly-dallying on the implementation of the Bombay High > Court judgement in PIL 106/2010 dated 04 Dec 2013 titled > <https://drive.google.com/file/d/0B9pA0kt0x8XwVnluVXFKZ0JpbmpHWGx1RmRnOVJVNC1WNElV/edit>National > Confederation for Development of Disabled Versus Union of India and Ors > <https://drive.google.com/file/d/0B9pA0kt0x8XwVnluVXFKZ0JpbmpHWGx1RmRnOVJVNC1WNElV/edit> > , by preferring some or the other objections since September 2014. > > However, finally on 27 Feb 2015, a bench of Hon'ble Chief Justice HL Dattu > and Mr. Justice AK Sikri of Hon'ble Supreme Court, have once again > dismissed a Petition for Special Leave to Appeal (C) No 5914/2015 (Arising > out of impugned final judgment and order dated 05/12/2014 in NOML No. > 690/2014 in RPL No. 85/2014 in PIL No. 106/2010 passed by the High Court > Of Bombay). > > "How do you expect disabled persons to compete with the abled persons," the > bench asked while dismissing the appeal filed by the Centre against the > Bombay High Court order directing it and the Union Public Service > Commission to implement a three per cent quota in direct recruitments and > promotions for the disabled in the IAS. > > Like last time, The Hon'ble Bench did not give specific reasons. For a copy > of Supreme Court Order dated 27 Feb 2015 *click here > <https://drive.google.com/file/d/0B9pA0kt0x8Xwei1mN1lTMF8wMzg/view?usp=sharing>.* > > However, a large section of media was present in the Supreme Court and has > reported the proceedings succinctly. > > > A report in Times of India covers the entire proceedings as below: > > Source: Times of India > <http://timesofindia.indiatimes.com/india/Disabled-should-get-reservation-in-promotion/articleshow/46403087.cms> > > > *'Disabled should get reservation in promotion'* > Dhananjay Mahapatra, TNN | Feb 28, 2015, 03.33AM IST > > NEW DELHI: The Supreme Court on Friday said the government could not deny > quota in promotion to those who were appointed to a post under the > reservation policy for the physically handicapped. > > A bench of Chief Justice H L Dattu and A K Sikri rejected the Union > government's plea to set aside a high court decision ordering that those > appointed in government service through physically handicapped quota would > also be entitled to reservation while getting promoted. > > Arguing for the Centre, attorney general Mukul Rohatgi said there were four > categories of civil services and if a person had availed the reservation > benefit in getting a job, it would be unfair to extend the reservation > benefit yet again to him while considering him for promotion to the higher > category of service. > > The bench was not convinced. It said, "Why confine the reservation benefit > only to the entry level and not for promotion. If a person is disabled, he > is always disabled. So, as long as the disability continues, he should > continue to get reservation benefits. We feel that these disabled persons > should have reservation not only at the entry level but also at the time of > promotion." > > The law provides for 3% reservation to physically challenged persons in > government service. After a long adjudication process on a public interest > litigation, the apex court had directed governments to implement the quota > for disabled and fill the vacancies including backlog. > > On October 8, 2013, the SC in a landmark order had directed the Centre and > states to implement within three months an 18-year-old law mandating 3% > reservation for such persons in government jobs. > > The 1995 Persons with Disabilities (Equal Opportunities, Protection of > Rights and Full Participation) Act came into force on February 7, 1996 > providing a minimum 3% reservation in government establishments to the > extent of 1% each for persons suffering from blindness or low vision; > hearing impairment; and locomotor disability or cerebral palsy. > > The reservations will be implemented by all government departments, public > sector undertakings and government companies at the Centre and states, > enlarging opportunities for persons with disabilities eligible for benefits > under the law. > > Rejecting the AG's arguments, the bench of Justices Dattu and Sikri said, > "Don't give a restrictive meaning to reservation by confining it to the > appointment level. Disabled persons should be empowered to compete with > normal people in promotion." > > When the AG argued further against grant of reservation benefits in > promotion to disabled persons, the bench cut it short by telling him that > persons belonging to Scheduled Castes and Schedule Tribes got the benefit > of reservation both in appointment and promotion. > > > Posted in [Disability Rights Through Courts > <http://disabilityrightsthroughcourts.blogspot.in/>] by Subhash C Vashishth > > -- > Warm regards, > > Subhash Chandra Vashishth > Mobile: +91 (11) 9811125521 > Please don't print this e-mail unless you really need to. Consider > environment! > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking of the > person sending the mail and AI in no way relates itself to its veracity; > > 2. AI cannot be held liable for any commission/omission based on the mails > sent through this mailing list.. > -- vivekananda Ph-9868954833, skype: vivekkavya, FB: vivek doddamani. Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
