OFFICE REFERENCE Vs. R.B. TRIPATHI AND ORS.

JUDGEMENT

(1.) Invoking the contempt jurisdiction of this Court under Section 12 of the Contempt of Courts Act, 1971(hereinafter called as, 'Act of 1971') read with Article 215 of the Constitution of India, this reference has been made by the Commissioner for Persons with Disabilities Chhattisgarh, Durg herein alleging non-compliance of order dated 07.03.2013 passed by him in case No. 13 of 2012-13 "Mukesh Kumar Sahu v. Chhattisgarh State Power Holding Company Limited, Raipur".

(2.) Shri Mukesh Kumar Sahu (hereinafter called as, 'complainant') a person with disability working as a Assistant Engineer in Chhattisgarh State Power Distribution Company Limited filed a complaint under Sections 62 read with 63 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter called as, 'Act of 1995') against the said company stating inter alia that the reservation for the post of persons with disabilities be made applicable to such persons working in the company on the post of Assistant Engineer w.e.f. from 2010 and he be granted promotion and other consequential service benefits.

(3.) The Commissioner for persons with disabilities in purported exercise of power under Sections 61 and 62 of the Act of 1995 passed an order on 07.03.2013 directing the aforesaid Company to reserve 6% post for persons with disabilities in the cadre of Assistant Engineer and the consequential benefit be granted to the complainant/Assistant Engineer and held as under:-