Physically handicapped challenges his promotion: Apex court decided to consider his plea along with other appeals, as the law on this issue is not settled in case relied upon.
Civil Petition for Special Leave to Appeal (c) No. 19898 of 2014
Bench: Justice Madan B. Lokur; S. A. Bobde
Case Brief: In the present case, the Petitioner, who was directly appointed in the Group- I services as Regional Transport Officer in the year 1990, and it has been working as Joint Transport Commissioner since 2008, however, he claimed that he being physically handicapped and belonging to Scheduled Castes community, he being treated unfairly for selection to the Indian Administrative Service and he claimed to be entitled to the quota benefit under physically handicapped persons, under S. C. category, as per Selection regulations of 1997. As to his claim, he also sought to place reliance on the decision of the Apex Court in Union of India vs National Federation of the Blind and section 3 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. As the case of petition falls under the specific category of recruitment, where selection can be made from amongst Non State Civil Service Officers, he moved to the Central Administrative Tribunal, Hyderabad bench for his non selection for the IAS in 2010, where he sought to challenge the selection of Fifteen candidates, on the ground that they were selected on the recommendation basis. However, Tribunal partly allowed his litigation and set aside the said selection of the Fifteen candidates, as was not fair. Moreover, Tribunal, observed that there is no provision for the reservation in the recruitment by promotion, and the petitioner had not made out any case for being short listed for selection. Later, the petition sought to file a writ petition in the High Court, where the said High Court had dismissed his claim. The Bench observed in the first instance, that in the view of the aforesaid decision of the Apex Court read with section 33 of the Act of 1995, the petition can seem entitled to the benefits of the reservation for the persons with disabilities in the matter of short listing for selection to the IAS. However, as the Office Memorandum dated 3rd December, 2013 is held by the Delhi High Court opined that concerned inserted paragraph in the said Memorandum is contrary to the conclusions and directions of the aforesaid decision of the Apex Court and such the High Court in its decision that time struck down. Moreover, in an appeal against that decision of the High Court, the Apex Court granted the leave petition, however, the matter is still pending. Thus, the bench has decided to consider the question of Interpretation of section 33 of the Act of 1995 along with the interpretation of the certain connected rules and also memorandum concerned. As such, the present leave petition was decided to be allowed and the present appeal is also taken to consider along with other appeals which are earlier shown pending before the Apex Court.
Read the Judgement:
D Sudhakar Vs. State of A P And Ors on 28th March 2016, Supreme Court of India – Judgement