Vivek, Well the DoPT will not have any more options after this dismissal. They have already tried before two separate benches with no positive results for them.
They should come out with a memorandum revising their earlier Memo soon. And if they don't, we all need to get in to some serious action by inundating them with innumerable petitions to the PM, Concerned Ministers of DoPT and Social Justice seeking suitable action! On 4 March 2015 at 10:24, vivek doddamani <[email protected]> wrote: > 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! > > > > -- Warm regards, Subhash Chandra Vashishth Mobile: +91 (11) 9811125521 Please don't print this e-mail unless you really need to. Consider environment! 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