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2015 Supreme(Ker) 451

P.R.RAMACHANDRA MENON, BABU MATHEW P.JOSEPH
O. R. SIVADASAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
FOR THE APPELLANT : SRI. KALEESWARAM RAJ
FOR THE RESPONDENT: SR. GOVERNMENT PLEADER SRI. JOSEPH GEORGE

JUDGMENT

P. R. Ramachandra Menon, J.

Whether the reservation envisaged under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short, the Act) with reference to the posts identified under Section 32 of the very same enactment would extend to the case of promotion as well, is the moot question raised in these original petitions. Since the point to be considered is only with regard to the legal position, as no factual controversy is involved, both these original petitions are heard together. For convenience of the reference, the factual position is referred to as in O.P.(KAT) No.154 of 2015.

2. The petitioner joined the service initially as an L.D. Typist in the Revenue Department on 29/05/1981. Later, he was promoted to the post of U.D. Typist after ten years, in 1991. There was a category change on 18/10/1995 as U.D. Clerk, when the petitioner was absorbed in the Rural Development Department, from the Revenue Department. Thereafter, the petitioner was promoted as Head Clerk on 29/10/2003 and thereafter as Accounts Officer on 08/01/2010. It is stated that there was a reversion to the post of Head Clerk in Dece













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