SURAJ PRASAD CHATURVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE yawning gap between legislation and its implementation has not only Handicapped but crippled the humanitarian relief of employment intended to be given to the physically handicapped persons, in Rajasthan, by the Rajasthan Employment of the Physically handicapped Rules, 1976, hereinafter called 'the Rules of 1976', making the rules 'dead letter'.

(2.) IN this age of ultra advanced science and technology a man can reach space in hours but the mighty bureaucracy of Rajasthan have not even earmarked 2% posts for handicapped after more than three years, inspite of the fact that this period witnessed an important political change. The Head of Departments; who constitute 'top brass' of bureaucracy; apathy towards this great social welfare legislation remained static, and unchanged. The dogmatic approach, the snail moving lethargy, and the inhuman indifference bordering on abhorrence and hatred for God cursed physically handicapped, continues unabated. Such is the tragic, pathetic, sad situation which poses the billion dollar question, what are we about as posed by Justice there in the prohibition case P.N. Kaushal v. Union of India : [1979]1SCR122 , What Justice Iyer said about Article 47 orphanage in the Punjab Government, can well be said about Article 41 in relation to the Rajasthan State.

(3.) WHETHER under Article 226 of the Constitution, for governance of Article 41, the rules framed under Article 309, can be enforced by an issuance of writ or direction, is the precise question to be answered.