SUMATHY.B Vs. KERALA STATE ELECTRICITY BOARD LTD.

JUDGEMENT

(1.) Petitioners are differently abled Senior Assistants in the Kerala State Electricity Board Limited ('the Board' for short). They are aggrieved by the denial of promotion as Senior Superintendents under the 3% category reserved for differently abled persons. The Memorandum of Settlement -Ext.P3 entered into between the Board and the Employees' Unions relating to wage rates, staff pattern, service conditions, etc on 28.02.2007 provides for reservation to disabled hands in promotion. Clause 32 thereof reads as follows:

(2.) The contention of the respondent Board is that promotion need be granted only against 3% of the posts in the cadre strength of Senior Assistants. It is stated that the cadre strength of Senior Assistants is 1142 and 3% of the same would come to 34. Therefore no further appointment is necessary. Relying on the note 3 to Rule 5 of KS&SSR, they have stated that whenever a ratio or percentage is prescribed, that should be reckoned on the cadre strength.

(3.) The learned Standing Counsel relying on section 34 of the Rights of Persons with Disabilities Act argued that promotion can be made only against 3% of the cadre strength and that the petitioners cannot have any claim for promotion in accordance with the provisions under the Persons with Disabilities (Equal Opportunities,Protection of Rights and Full Participation) Act, 1995 since the said Act has already been repealed as per section 102 of the Right of Persons with Disabilities Act 2016.