K. MARIAPPAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The Writ Petition has been instituted challenging the Order of Rejection, dtd. 25/4/2022, rejecting the claim of the Writ Petitioner for grant of Promotion to the post of District Judge by providing reservation for Differently-abled persons in view of Sec. 34 of the Rights of Persons with Disabilities Act, 2016.

(2.) The Petitioner is a Differently-abled person having 80% Congenital Disability in both hands. He was appointed as Civil Judge (Junior Division) in the Tamil Nadu State Judicial Service by G.O.4D No.7, Home (Courts.1) Department, dtd. 12/2/2009. The Petitioner was promoted to the post of Sub-Judge and serving as such at Periyakulam, Theni District. The next avenue for promotion is to the post of District Judge (Entry Level).

(3.) Mr. K. Thilageswaran, learned Counsel for the Petitioner would mainly contended that 4% reservations provided for Disabled persons are to be extended even to the Promotional posts. Therefore, by earmarking 4% post of District Judges (Entry Level), the Petitioner should be promoted as District Judge. In support of the contention the learned Counsel for the Petitioner would submit that the Hon'ble Supreme Court of India in the case of State of Kerala and others v. Leesamma Joseph, 2021 (6) LLN 6 (SC) : CDJ 2021 SC 428, held as follows: