Leesamma Joseph v. State Of Kerala Represented By Its Secretary
2020-03-09
K.VINOD CHANDRAN, P.V.KUNHIKRISHNAN
body2020
DigiLaw.ai
JUDGMENT Vinod Chandran, J. The only issue arising in the above case is as to whether the persons having physical disability could be granted reservation in promotion also. The decision in Rajeev Kumar Gupta and Others v. Union of India and Others [ (2016) 13 SCC 153 ] held that such reservation would be applicable for promotions also. Later, another Division Bench referred the matter to a Larger Bench expressing an opinion that this could go against the Larger Bench decision in Indra Sawhney and Others v. Union of India and Others [1992 Supp (3) SCC 217]. A three Judge Bench in Siddaraju v. State of Karnataka and Others [2020 (1) KHC 609] affirmed that such reservation is applicable to promotions. We hence set aside the order of the Kerala Administrative Tribunal (for short 'the Tribunal') and as a consequence allow the Original Application. The applicant should be considered for her promotion based on the disability at the time when her claim originally arose; subject to her seniority with reference to the other physically challenged candidates entitled to such reservation. She also should be given the notional benefits of her promotion from the date she is found entitled. If the petitioner has not superannuated then she shall be given promotion within one month from today and all her monetary benefits shall also be given to her from that date and even if not promoted, from the date of expiry of one month from today. If the petitioner has already retired, on the basis of the notional pay, her last pay drawn shall be reckoned and her pension fixed in accordance with that. Original Petition is allowed leaving the parties to suffer their respective costs throughout.