The Court ruled that denying benefits to differently abled employees based on supernumerary status contravenes Article 14 of the Constitution.

JUDGMENT

The petitioners are differently abled persons, who were given appointment in supernumerary post under various Government Departments pursuant to Ext.P1 Government Order No.GO(P) No.40/13/SJD dated 18.05.2013. As per Ext.P2 Government Order No.G.O.(P) No.01/16/SJD dated 03.02.2016, the Government had taken away the rights of the re-appointed differently abled employees like the petitioners like regularisation, declaration of probation, seniority, promotion etc, on the ground that the petitioners were holding supernumerary posts. The petitioners, who were appointed pursuant to Ext.P1 Government Order, alleged that they were discriminated against and denied career advancement benefits.

2. Challenge against Exts.P3 and P9 Government Orders, came up for consideration before the Hon’ble Apex Court in Maya P.C v. State of Kerala ( 2025 KHC 7350 ), and by judgment dated 23.05.2025, it was held that Ext.P9 Government Order is discriminatory, irrational, and violative of Article 14 of the Constitution of India , inasmuch as the benefits conferred by the Government Order dated 18.05.2013 cannot subsequently be withdrawn. Thus, the Government Order dated 03.02.2016 (Ext.P2), insofar as it denied service benefits such as probation, seniority, and promotion to persons with disabilities, has been struck down by the Hon’ble Apex Court. Consequently, Ext.P1 Government Order dated 03.02.2016, which stood in the way of declaration of probation, promotion, and other attendant benefits, was invalidated.

3. Hence, I find that there is, therefore, no legal impediment in granting service benefits to the petitioners, and such benefits cannot be denied in view of the judgment in Maya P.C (supra).

4. Accordingly, the writ petition is allowed. It is declared that the petitioners are entitled to all consequential benefits flowing from their appointment. Needless to say, the time-bound higher grade pay granted to the petitioners shall also be reckoned and regulated in accordance with law. The petitioners will be entitled to refund of amounts, if any which were remitted back as excess pay drawn based on Ext.P2. The refund shall be made within a period of three months from the date of receipt of a certified copy of this judgment.

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