Supreme Court: The Mode of Entry in service is not relevant for considering promotions of persons with disabilities.

“The Supreme Court of India practical that mode of entry in service isn’t applicable criteria for promotion under PWD”.

In 1996, Leesamma Joseph was allotted as a typist/clerk in the police department on empathetic reasons as her brother had surpassed away whilst in service. She suffered from everlasting incapacity of 55% resulting from polio. She raised a declare that she became at liberty to advertising as a senior clerk with impact from 1st July 2002 with all significant blessings and as a cashier with impact from 20 May 2021 with all consequential blessings and subsequently as a junior superintendent with impact from the date of her privilege. This claim ends up based absolutely on the PWD Act 1995. The Kerala Administrative Tribunal rejected her plea stating that the rule of thumb of Recruitment withinside the State of Kerala, General Rules and one-of-a-kind order issued through manner of the government beneath section 32 of the 1995 Act did now not provide for any reservation in promotions. Later, the Kerala High Court set aside the selection of the Kerala Administrative Tribunal.

Rejecting this disputation, the bench determined that it might be unfair and violative of the authorization of the Indian Constitution if the candidate isn’t taking into consideration for promoting inside the PWD quota in this cause.

The Source of recruitment ought now no longer to make any distinction however what’s cloth is that the worker is a PWD on the time for attention for promotion. The 1995 Act does now no longer make a difference among someone who might also additionally have received incapacity after having entered the carrier”. The bench comprising Justice Sanjay Kishan Kaul and R. Subhash Reddy stated in its judgment protecting the folks with bodily disabilities has proper a reservation in promotion also.

Title – State of Kerala and Others v. Leesamma Joseph

Bench- Justice Sanjay Kishan Kaul and R Subhash Reddy

Citation- LL 2021 SC 27

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