STATE OF U.P. Vs. SANJEEV KUMAR JAIN

JUDGEMENT

(1.) This petition has been preferred by the State of U.P. and its authorities of the Rural Engineering Department, Government of Uttar Pradesh, whereby a challenge has been raised to the judgment of the State Public Services Tribunal in Claim Petition No.179 of 2013 filed by the respondents no.1, 2 and 3, that was allowed extending the benefit of promotion to the respondents to the post of Assistant Engineer under the Rural Engineering Department giving them the benefit of 3% reservation under the disability quota with all consequential service benefits.

(2.) The background in which this petition has been filed by the State is that the respondents no.1, 2 and 3 were appointed as Junior Engineers in the Department of Rural Engineering Services under the 'Physically Handicapped Category'. Their initial entry in the service is on the strength of such reservation provided to them.

(3.) The said respondents on the basis of the Government Order dated 3.2.2008 and 13.1.2011, which according to them were protected under the Uttar Pradesh Public Services (Reservation for Physically Handicapped Dependents of Freedom Fighters & Ex Servicemen) Act, 1993 read with The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 extended the benefit of reservation in promotion to the next higher post. The petitioner, therefore, claimed promotion by way of reservation under the 'Physically Handicapped Category' to the post of Assistant Engineer. It is this contest which was taken up by them before the State Government. The Government Orders dated 3.2.2008 and 13.1.2011 are extracted hereinunder :-