The main legal point established in the judgment is the enforcement of reservations for persons with disabilities in promotions, as mandated by the Rights of Persons with Disabilities Act, 2016, and the Court's authority to issue directions and grant permission for applications related to contempt petitions.

ORDER

ITEM 14

CONTEMPT.PETITION(C) No.678/2020 in C.A.No.1567/2017 and CONTEMPT PETITION(C) No. 680/2020 in C.A. No. 1567/2017

1. The complaint of the petitioners in these contempt petitions is that the reservations have not been provided for persons with disabilities in spite of repeated directions issued by this Court.

2. Taking note of the fact that the instructions have not been issued by the Government of India under the proviso to Section 34 of the Rights of Persons with Disabilities Act, 2016 (Disabilities Act, 2016). By an Order dated 28.09.2021, this Court granted four months' time for issuing the instructions.

3. In these contempt petitions we are concerned with promotions to civil posts in the State of Kerala. A counter affidavit has been filed by the State informing this Court that the process of identification of posts is going on. It is stated in the affidavit that 380 posts have been identified for the purpose of providing reservation to persons with disabilities.

4. Learned counsel for the petitioners submitted that the computation of vacancies is not done in a proper manner and that the decision to be taken for providing reservations and the implementation of the orders passed by this Court brooks no further delay.

5. The State of Kerala is directed to complete the process of identification and implement the directions given by this Court by promoting the eligible candidates in the identified vacancies. The Status report may be filed by 2nd week of July, 2022.

CONMT.PET.(C) No. 686/2020 in C.A. No. 1567/2017

6. The Union of India, pursuant to the order passed by this Court on 28.09.2021, issued an Office Memorandum dated 17.05.2022 relating to the reservation in promotion to persons with benchmark disabilities. Learned counsel for the petitioners submitted that they have certain objections to this memorandum. These objections shall be heard after the ensuing summer vacations, 2022.

7. The contention of the petitioner is that he has succeeded before this Court in spite of which he is not being considered for promotion to IAS. The reason for his non consideration to IAS by selection from non-SCS category is that Government of India has not taken a decision to implement reservations in promotion. Ms. Aishwarya Bhati, learned Additional Solicitor General, submits that she will obtain instructions on the issue pertaining to implementation of reservations for disabled persons under the Persons with Disabilities Act, 1995.

8. An affidavit may be filed by the Union of India informing this Court about the decision taken for implementation of the directions issued by this Court.

Item 22

CONTEMPT PETITION (C) D. No.13262/2022 in C.A. No.1567/2017

9. Application for permission is granted.

10. Issue notice.

11. Personal appearance of the alleged contemnor(s) is dispensed with for the present.

12. List all the matters on 25.07.2022.