STATE OF KERALA Vs. LEESAMMA JOSEPH

JUDGEMENT

(1.) The international awakening to further the rights and equal opportunities to persons with special abilities (hereinafter referred to as 'PWD ') propelled the adoption of the Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and Pacific Region in the meeting of the member states of the Economic and Social Commission for Asia and the Pacific held in Beijing in December, 1992; to which India was a signatory. In furtherance of its international commitments, The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the 1995 Act") was enacted which came into force on 7th February, 1996. In 2007, India ratified the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). In pursuance to the debates in the Standing Committee of the Parliament, The Rights of Persons with Disabilities Act, 2016 (hereinafter referred to as "the 2016 Act ") replaced the 1995 Act.

(2.) The issue debated before us in the present proceedings is the right of promotion under the 1995 Act, as claimed by the respondent, in which she succeeded before the High Court of Kerala in terms of the impugned order dated 9th March, 2020. The respondent did not succeed in a claim before the Kerala Administrative Tribunal which dismissed her application by order dated 27th February, 2015 but the said judgment was set aside by the impugned order.

(3.) On 7th January, 2021, we had noted the submission of learned counsel for the appellants that the respondent was given employment on compassionate ground and thus the entry point was not of a person with disability under the 1995 Act. In view thereof, a submission was made that such a person cannot claim reservation in matters of promotion as it will affect the other general candidates. We were of the view that the issue required examination, but since the respondent had retired and it was only the issue of her financial benefits, we declined to interfere with the relief granted by the High Court vide the impugned order. Thus, no notice was required to be issued to the respondent. Leave was granted to examine the legal issue and we appointed Mr. Gaurav Agrawal as Amicus Curiae to assist the Court, since the respondent would be unrepresented before us.