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Above: Disabled children participating in a rally on the occasion of World Disabled (file picture).Photo: UNI

The issue of whether people with disabilities deserve reservation in promotions as well, apart from the reservation that exists in appointment, has been escalated by the Supreme Court to a five-judge bench since it requires interpretation of constitutional statutes.

On Monday (September 4) the bench of Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud have heard deposition by Solicitor General Ranjit Kumar and counsels have requested a larger bench to gear the issue. The court agreed.

The question that has arisen in this case is whether persons, governed under “The persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”, can be given reservation in promotion. A view had been taken by this Court in Rajiv Kumar Gupta & Others vs Union of India & Others in the affirmative. The Solicitor General had pointed out that the prohibition against reservation in promotion laid down by the majority in Indra Sawhney & Others vs Union of India & Others – (1992) case applies not only to Article 16(4) but also to 16 (1) of the Constitution of India and inference to the contrary is not justified. Persons suffering from disability certainly require preferential treatment and such preferential treatment may also cover reservation in appointment but not reservation in promotion. Section 33 of the 1995 Act is required to be read and construed in that background. “We find merit in the contention that the matter needs to be considered by the larger bench,” he said.

On that basis, on Monday the counsels requested for escalation of this matter to a higher bench.

India Legal Bureau

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8 COMMENTS

  1. I feel Supreme court of India and Govt of India are deliberately delaying the constitution of Larger Bench to decide the fate of issue of Reservation in Promotions for Physically disabled employees in SLP(Civil) 24994 of 2016 i respect of Rijju vs. Govt of Karnataka. Every time the case is listed for hearing, it is postponed to a later date without any reason. I hope Govt will rise to the occasion and think beyond settling the cases having only political advantage. When SC/ST and other disadvantageous groups of employees are getting reservation benefit, why it is being denied to handicapped employees by adopting delaying tactics.

  2. I have come to know from a T,V, Channel that Supreme Court of India will hear all Review Petitions on 13 November 2018. Please advise me whether SLP(Civil) 24994 of 2016 i.e, Siddraju vs. State of Karnataka which had been marked for Review by Larger Bench of Supreme Court of India for deciding extension of 4% Reservation in Promotions to Physically handicapped employees is included in the above list or not.

  3. “सबका साथ सबका विकास” हम सब जून2008से प्रोमोशन का इन्तजार कर रहे हैं।लेकिन न हम दलित हैं और न मुसलमान।लेकिन हम वोटर तो हैं। हमारी चिंता न सरकार को है और न ही सुप्रीम कोर्ट को।आखिर हम सबकी दृष्टि में अपाहिज ही तो हैं।क्या मोदी सरकार के मंत्री श्री जितेंद्र प्रसाद जी इस ओर ध्यान देगें। मोदी जी के मंत्री मोदी जी के कंधे बैठ कर गंगा स्नान नहीं कर सकते हैं। आने वाले चुनाव दोहरी भूमिका को दिखा देंगे।फिर हम लोग राष्ट्र विरोधी कहलायेंगे। एसपी मौर्य, लेखाधिकारी बीएस एन एल कानपुर।
    अतः निवेदन है कि चुनाव से पहलेDOPTजल्दी से जल्दी आदेश जारी कर, अपनी प्रतिबद्धता दिखाये।
    सुप्रीम कोर्ट से निवेदन है कि रिव्यू पिटीशन निरस्त करने की कृपा करें।आखिर यह कोई राम मंदिर का मसला नहीं है।जब बिक्लांग उसी पद पर नियुक्ति पा सकते हैं तो प्रोमोशन क्यों नहीं।माननीय उच्च न्यायालय एवं उच्च अधिकारियों की समझ में इतनी बात क्यों नहीं आ रही है।

  4. What a shame on Modi led central govt. The amendment in constitution paving the way for 10% Reservation to Urban poor of all castes has been passed by both houses of Parliament and President also gave his nod for its implementation within shortest possible time of around 01 month whereas Review case of giving 3% Reservation in Promotions to Physically Handicapped Employees (SLP(civil) No. 24994 of 2016) is kept pending in Supreme Court of India by Govt of India simply because Politicians are not interested in Physically handicapped employees because they are not their vote Bank.
    People should take a lesson from this approach of Politicians. Issues which fetch votes for political parties during the Elections are only important for ruling as well as opposition parties. It is foolish to think that Govt is working for poor and weaker sections of the society. It is all a game of getting votes. Only God knows when this opportunistic system will change.

  5. (SLP(civil) No. 24994 of 2016) Siddaraju Case listed for final hearing at triple bench headed by Chief Justice Of Supreme Court on today i.e 20.02.2019. we hope that the case is in faviour of disabled employees

  6. it is requested by PMO and law ministry to look into case as earliest because I think that in case of memon supreme court open in night, in case of karnataka supreme court listen the plea in night but for us supreme court not have time for us to give verdict in favour of us.

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