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S. M. SUBRAMANIAM, K. RAJASEKAR
K. Mariappan – Appellant
Versus
Government of Tamil Nadu, Rep. by the Secretary to law, Chennai – Respondent
JUDGMENT :
S.M. Subramaniam, J.
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the entire records connected with Official Memorandum dated 25.04.2022 issued by the 2nd respondent quash the same consequently directing the respondents to provide reservation in promotion for the Petitioner as he is coming under the category of physically challenged person for the post of District Judge called for by the 2nd respondent in ROC No.2709-B/2018/RG/B1/Spl.Cell and ROC. No.3799-A/2019/RG/B1/Spl.Cell dated 17.08.2021 in the light of the Judgment of the Hon'ble Supreme Court in “The State of Kerala and Other Vs. Leesamma Joseph reported in (2021) 9 SCC 208”.)
1. The writ petition has been instituted challenging the order of rejection dated 25.04.2022, rejecting the claim of the writ petitioner for grant of promotion to the post of District Judge by providing reservation for differently-abled persons in view of Section 34 of the Rights of Persons with Disabilities Act, 2016.
2. The petitioner is a differently-abled person having 80% Congenital Disability in both hands. He was appointed as Civil Judge (Junior
The main legal principle established is that reservation in promotion for differently-abled persons should be in accordance with instructions issued by the appropriate Government, and merit-based con....
Reservation under the Persons with Disabilities Act is constitutionally mandated and cannot be denied due to post identification lapses; violations warrant legal remedy.
Persons with benchmark disabilities entitled to 4% reservation in promotion to identified posts irrespective of mode, notionally from 30.06.2016 subject to eligibility via review committee; supernume....
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 ....
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....
(1) Total number of vacancies in cadre strength would include vacancies to be filled in by nomination as well as by promotion.(2) Absence of rules to provide for reservation in promotion would not de....
Persons with disabilities are entitled to promotion under the Disabilities Act, 2016, and must be considered for such promotions as per the law.
Point of Law : Permanent disability - Appointment - It is true that it is not necessary to frame separate set of rules for providing reservation in appointments of persons other than District Judges ....
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