VIKLANG SANG, HARYANA Vs. STATE OF HARYANA

JUDGEMENT

(1.) This writ petition has been filed by Viklang Sabha, Haryana, Sirsa having its registered office at 404, Ram Gali, Kirti Nagar, Sirsa through its President Baljit Raj, an association of physically challenged persons of the State of Haryana. The primary challenge in this writ petition is to the policy of the Government of Haryana, which denied the benefit of promotion to the disabled employees claimed under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter for brevity referred to as the "Act").

(2.) The principal grievance raised in the writ petition relates to the denial of 3% quota in the promotional avenues to the disabled persons. The main stress of the petitioner is on the fact that even the Central Government provides 3% quota in promotional avenues as is evident from Annexure P-2 which is evident from a communication from the Ministry of Personnel, Public Grievances and Department of Personnel & Training, New Delhi addressed to one of the petitioners and the relevant portion of the said communication reads as follows:--

(3.) Reliance has also been placed on the office memorandum dated 29th December, 2005 issued by the Government of India, Ministry of Personnel Department, New Delhi, the relevant portion of which reads as under:--