IMPORTANT POINT
The establishment of the Uttarakhand Disability Fund and the Rajya Devyangjan Salahkaar Board was confirmed, with a directive for timely implementation of the Draft Rules.

JUDGMENT :

RITU BAHRI, C.J.

1. Vide order dated 01.04.2024, the Court had examined the affidavit filed by Joint Secretary, Social Welfare Department, Uttarakhand, in which they have placed on record letters dated 23.02.2018 and 02.05.2018 (Annexure Nos. 8 and 9, respectively to the writ petition), whereby the State Government has constituted the Rajya Devyangjan Salahkaar Board. They also placed on record Office Letter dated 25.09.2017 (Anneuxre-10) which related to the constitution of funds for Persons with Disability, and letter dated 18.05.2018 (Annexure-11), whereby directions were issued to all the District Magistrates of the State of Uttarakhand to select the members and provide details to the Directorate so that complete information can be send to the Government in this regard. The State was to file an affidavit stating therein as to what steps they have taken pursuant to letters Annexure Nos. 8, 9, 10 and 11).

2. Pursuant to that order, an affidavit dated 25.09.2024 has been filed on behalf of respondent No. 3 by Mr. Prakash Chandra, Director, Social Welfare, Haldwani, Nainital.

3. In paragraph Nos. 4 and 5 of above said affidavit, it has been stated that pursuant to Annexure Nos. 8, 9 & 11 and letters dated 23.02.2018, 02.05.2018 and 11.05.2018, for nomination of members constituting the Divyangjan Salahkaar Board after receiving the proposal from the District Magistrates, the Uttarakhand Government Social Welfare, Section 3, vide its Office Memorandum No. 36 dated 21.04.2023 has nominated members for the State Salahkaar Board. Copy of the Office Memorandum dated 21.04.2023 is annexed as Annexure-1 to this affidavit.

4. They have further placed on record copy of letter No. 1462 dated 29.08.2024 (Annexure-2 to this affidavit) whereby under the Right of Persons with Disability Act, 2016, a “Uttarakhand Disability Fund” has been constituted for its implementation in the Axis Bank, Dehradun, having Account No. 922010055366261 (IFSC: UTIB0001270) and the Draft Rules have been forwarded for implementation of the Uttarakhand of Uttarakhand Disability Fund to the State Government for further action, on 29.08.2024.

5. Since all the steps have been taken for constituting the Board, i.e. opening a bank account for Uttarakhand disability fund, and Draft Rules have been sent for approval, no further directions are required to be issued in this Public Interest Litigation.

6. Therefore, the present Writ Petition (PIL) is being disposed of by giving a direction to the respondents to take a final decision on the Draft Rules for implementation of the Uttarakhand Disability Fund, within a period of four weeks from the date of production of certified copy of this order, and inform this Court, accordingly.