THE SECRETARY Vs. SEEMA I.

JUDGEMENT

(1.) The main issue raised in these cases pertains to the rights of the physically handicapped persons, who are entitled to the benefit of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the Act for short), to be considered against the posts which are identified and reserved under the said Act and notified by the PSC for appointment. Therefore, these cases were heard together and are disposed of by this common judgment.

(2.) We shall first refer to the facts in OP(KAT) Nos.32 and 322/14 which arise from the proceedings in OA No.2440/12 on the file of the Kerala Administrative Tribunal.

(3.) In terms of the provisions contained under the Act, Government of Kerala issued GO(P) No.20/98/P&ARD dated 14th of July, 1998, reserving 3% of posts for physically handicapped persons. Appendix to the Government Order contains the scheme for direct recruitment of physically handicapped persons in public service, and in Annexure A1 thereof, H.S.A. (Languages and Social Studies) is one among the posts in the subordinate service that are identified under Section 32 of the Act. In Annexure II, where the posts suitable for appointment of different categories of the physically handicapped are identified, H.S.A. (Languages and Social Studies) is included under the categories blind and partially blind. Subsequently, on 22nd November, 2011, the Government of Kerala issued GO(P) No.57/11/SWD reviewing the list of the identified posts and also included in the list, the posts of L.P.S.A./U.P.S.A. also as suitable for the appointment of the blind and low vision category.