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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Maya P. C. – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. facts surrounding the appellants' appointments and g.o. implications. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. arguments by appellants regarding rights and discrimination. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 3. court's analysis on g.o. interpretations and derogation of rights. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23) |
| 4. final decision to restore prior judgments favoring appellants. (Para 24) |
JUDGMENT :
FACTUAL ASPECTS
2. By a Government Order (for short “the G.O.”) dated 18th May 2013, the State Government of Kerala (first respondent) resolved to regularise the services of 2,677 physically disabled persons against supernumerary posts, who had been engaged temporarily through employment exchange under Rule 9(a)(i) of the KS & SSR between 16th August 1999 and 31st December 2003. According to the said G.O. the appellants were to be reappointed to supernumerary posts created solely for their absorption. The said G.O. further stipulated that such supernumerary posts would stand abolished upon the retirement of the incumbents.
4. The appellants, feeling aggrieved by the imposition of these restrictions, adopted their remedies as discussed herein below. It is in the ba
Subsequent government order denying persons with disabilities promotion and seniority violates constitutional rights, as regular appointments entitles them to equal treatment under the law.
Only in those cases that the Government is of the view that the posts in the promotional cadres cannot be reserved for the PwD category due to functional or other reasons, the same cannot be used as ....
Disability – 3% reservation is to be in an establishment and not in all cadres of an establishment irrespective of nature of job.
The judgment emphasizes the statutory provisions and government orders governing age relaxation, grace marks, and reservation for PwDs, and directs the respondents to work out backlog vacancies and p....
Reservation mandated under Section 33 of Act will necessarily mean to provide employment, which has permanency attached to it and that can only be by way of regular appointment.
Reservation under the 2016 Act must be computed against total cadre vacancies; post-identification is for appointments, not for computing the 3%/4% reservation, and backlog vacancies may be utilized ....
Reservation in promotion for Persons with Disabilities requires identification of suitable posts; without such identification, no legal right to promotion exists.
When a supernumerary post is sanctioned, it is the duty of the head of the office/department to absorb the incumbent in the first vacancy.
Promotion claims under disability quotas must align with established recruitment policies of the university.
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