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2014 Supreme(Ker) 888

A.V.RAMAKRISHNA PILLAI
E. Dineshan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:P.M. Pareeth, Advocate.
For the Respondents:E.K. Nandakumar Sr. Advocate, P.C. Sasidharan, K.S. Anil, Babu Joseph Kuruvathazha, K. Johan Mathai, P.M.M. Najeeb Khan, Koshy George and Sr. Government Pleader, S. Abdul Salam, Advocate.

JUDGMENT :

A.V. Ramakrishna Pillai, J.

1. The petitioner, a physically challenged person with 40% loco-motor (ortho) disability, has approached this Court for quashing Ext. P5 to the extent it restricts the benefits of 3% reservation of handicapped persons mandated by Sections 32 and 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as the 'Act' for short) with effect from the date of Ext. P5, i.e. from 1.2.2010 only and also for a declaration that the physically handicapped persons defined under the Act are entitled to get the back log vacancies from 1996 in the post of Assistant Grade II/Clerk/Junior Clerk/LD Clerk/Cashier filled up while making appointments to the public sector undertakings and Government Companies under the first respondent by reserving 3% to the physically challenged persons. There is a further prayer for a direction commanding respondents 4 to 7 to report all the existing vacancies in the aforesaid cadre so as to enable the third respondent to advise suitable candidate






































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