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2014 Supreme(Ker) 592

ANTONY DOMINIC, ANIL K.NARENDRAN
Secretary, Kerala Public Service Commission – Appellant
Versus
I. Seema – Respondent


Advocates Appeared:
For the Petitioner: P.C. Sasidharan, SC.
For the Respondents:R1, S.P. Aravindakshan Pillay, N. Santha, S.A. Anand, Advocates, S. Jamal, Senior Government Pleader.

JUDGMENT

ANTONY DOMINIC, J.

1. The main issue raised in these cases pertains to the rights of the physically handicapped persons, who are entitled to the benefit of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the Act for short), to be considered against the posts which are identified and reserved under the said Act and notified by the PSC for appointment. Therefore, these cases were heard together and are disposed of by this common judgment.

2. We shall first refer to the facts in OP (KAT) Nos. 32 and 322 of 2014 which arise from the proceedings in OA No. 2440 of 2012 on the file of the Kerala Administrative Tribunal.

3. In terms of the provisions contained under the Act, Government of Kerala issued GO (P) No. 20 of 1998 P&ARD dated 14th of July, 1998, reserving 3% of posts for physically handicapped persons. Appendix to the Government Order contains the scheme for direct recruitment of physically handicapped persons in public service, and in Annexure A1 thereof, H.S.A. (Languages and Social Studies) is one among the posts in the subordinate service that are identified under Section 32 of th






















































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