LAWS(SC)-2021-1-26

STATE OF KERALA Vs. LEESAMMA JOSEPH

Decided On January 07, 2021
STATE OF KERALA Appellant
V/S
Leesamma Joseph Respondents

JUDGEMENT

(1.) Learned counsel for the petitioner contends that the respondent was given employment on compassionate ground and the entry point was not of a person with disability under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. Thus, it is thus submitted that such a person cannot claim reservation in matter of promotion under the Act as it will also affect the other general candidates. The aforesaid issue would require examination but since the respondent has retired and it is now only the issue of some financial benefits, we are not inclined to interfere with the relief which would be available to the respondent and that there is no need to issue notice to the respondent.

(2.) Leave granted.

(3.) We appoint Mr. Gaurav Agrawal, learned Advocate, as Amicus Curiae to assist us in the matter and a complete set of papers be made available to the learned Amicus.