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2024 Supreme(SC) 535

ABHAY S. OKA, PANKAJ MITHAL
Union of India – Appellant
Versus
Pankaj Kumar Srivastava – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shreekant Neelappa Terdal, AOR Mr. Arvind Kumar Sharma, AOR
For the Respondent(s): Mr. Joby P. Varghese, AOR Mr. Rajnish Kumar Jha, Adv. Mr. Naresh Kaushik, Sr. Adv. Mr. Vardhman Kaushik, AOR Mr. Anand Singh, Adv. Mr. Pukhrambam Ramesh Kumar, AOR

JUDGMENT :

Abhay S. Oka, J.

FACTUAL ASPECTS

1. The respondent no.1 is 100 per cent visually impaired. He appeared in the Civil Services Examination, 2008 (CSE-2008). Respondent no.1 gave four preferences for services in the following order: Indian Administrative Services (IAS), Indian Revenue Services-Income Tax (IRS (IT)), Indian Railway Personnel Service (IRPS) and Indian Revenue Service (Customs and Excise) (IRS (C&E)). After having undergone the written test and interview, he was denied an appointment.

2. Therefore, the respondent no.1 filed the Original Application no.2402 of 2009 before the Central Administrative Tribunal, New Delhi (for short, ‘the CAT’). The argument before the CAT, inter alia, was that the backlog vacancies in accordance with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, ‘the PWD Act, 1995’) were not filled in. By the judgment dated 8th October 2010 of the CAT, the Union Public Service Commission (UPSC) and the Department of Personnel and Training (DoPT) were directed to calculate the backlog vacancies following the mandate of the PWD Act, 1995. A time of six months was

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