Friday, March 31, 2023

Supreme Court upholds Kerala HC verdict on promotion quota for people with disabilities

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The Supreme Court on Monday upheld the Kerala High Court judgment regarding the right to reservation in promotions of persons having disabilities.

Today, the bench presided by Sanjay Kishan Kaul pronounced the judgment who was sitting with Justice Krishna Murari. The matter was heard and judgment reserved originally by the bench of Justice Sanjay Kishan Kaul and Justice R. Subhash Reddy. 

The Court has directed the Kerala Government to implement reservation in promotions for persons with disabilities within 3 months.  

The State of Kerala challenged the Kerala High Court judgment wherein the bench of Justices K. Vinod Chandran and P.V. Kunhikrishnan set aside the order of the Kerala Administrative Tribunal and further directed that the applicant should be considered for her promotion based on the disability at the time when her claim originally arose; subject to her seniority with reference to the other physically challenged candidates entitled to such reservation.

It was further directed by the High Court that she should also be given the notional benefits of her promotion from the date she is found entitled.

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The issue raised was whether the persons having physical disability could be granted reservation in promotion also. The Kerala High Court had observed that, in Rajeev Kumar Gupta and Others v. Union of India and Others, it was held that such reservation would be applicable for promotions also. Later, another Division Bench referred the matter to a Larger Bench expressing an opinion that this could go against the Larger Bench decision in Indra Sawhney and Others v. Union of India and Others; a three Judge Bench in Siddaraju v. State of Karnataka and Others affirmed that such reservation is applicable to promotions.

The Supreme Court while upholding the high court judgment further exclaimed that the judgment is a ‘Salutary’ one.

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