Breaking News SC upholds Kerala HC order allowing reservation in promotion...

SC upholds Kerala HC order allowing reservation in promotion of persons with disability

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New Delhi, Jun 28 (ILNS) The Supreme Court today upheld the Kerala High Court judgement regarding the right to reservation in promotion of persons having disabilities.

The bench of Justice Sanjay Kishan Kaul and Justice Krishna Murari while upholding the Kerala High Court judgment directed the state government to implement reservation in the promotions of persons with disabilities within 3 months.  

The matter was earlier heard and judgment reserved originally by the bench of Justice Sanjay Kishan Kaul and Justice R. Subhash Reddy. 

The State of Kerala challenged the Kerala High Court judgment wherein the bench of Justice K.Vinod Chandran and P.V.Kunhikrishnan set aside the order of the Kerala Administrative Tribunal and further directed that the applicant should be considered for her promotion based on the disability at the time when her claim originally arose; subject to her seniority with reference to the other physically challenged candidates entitled to such reservation.

It was further directed by the High Court that she should also be given the notional benefits of her promotion from the date she is found entitled.

The issue was whether the persons having physical disability could be granted reservation in promotion also? The Kerala High Court had observed that, in Rajeev Kumar Gupta and Others v. Union of India and Others, it was held that such reservation would be applicable for promotions also. Later, another Division Bench referred the matter to a Larger Bench expressing an opinion that this could go against the Larger Bench decision in Indra Sawhney and Others v. Union of India and Others; a three Judge Bench in Siddaraju v. State of Karnataka and Others affirmed that such reservation is applicable to promotions. The Supreme Court while upholding the high court judgment further exclaimed that the judgment is a ‘Salutory’ one. ILNS/AKS/SNG

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