SHOYAB Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are persons who are working as Sec. Officers in M.G. University. They belong to differently abled category with benchmark disability of more than 40%. The petitioners are before this Court aggrieved by rejection of their request for further promotion in the quota earmarked for differently abled candidates.

(2.) The petitioners state that they joined service as Lab Assistants. As per Sec. 34(1) of the Rights of Persons with Disabilities Act, 2016, the Government shall appoint Persons with Benchmark Disabilities in every Government Establishment, not less than 4% of the total number of vacancies in the cadre strength. The first proviso to Sec. 34(1) states that reservation in the promotion shall be in accordance with such inspection as issued by the appropriate Government from time to time. The petitioners would submit that the Hon'ble Apex Court has held that Persons with Disabilities are entitled to be given reservation in the matter of promotions in the light of the provisions of the Rights of Persons with Disabilities Act, 2016.

(3.) The petitioners pointed out that in the judgment of the Hon'ble Apex Court in State of Kerala v. Leesamma Joseph [2021 (9) SCC 208], it was held that legislative mandate was to provide equal opportunities of career advancement to Persons with Disabilities and the same will bind Union and State Governments. Furthermore, as per Sec. 33(i) and (ii) of the Act, 2016, the appropriate Government shall identify posts in the Establishments which can be held by Persons with Benchmark Disabilities.