Honorable A.P. High Court Judgement on reservations

Judgement in PIL 303/2012 as published in the net

THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE

AND

THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR

                                                                         

                                                             PIL Nos. 303 & 390 of  2012

DATED: 05.03.2013 

PIL No. 303 of 2012

Between:                                     

The Differently Abled Employees Welfare

Association, A.P., Canaranagar, Uppal,

Ranga Reddy district, rep. by its

President Sri K. Amrutha Reddy

                                                                                …  Petitioner

And

The Government of Andhra Pradesh,

rep. by its Chief Secretary to Government,

Secretariat, Hyderabad & Others.

                                         … Respondents

PIL Nos. 303 & 390 of  2012

COMMON ORDER:(per the Hon’ble the Chief Justice Sri Pinaki Chandra Ghose) 

          The first public interest litigation is filed questioning the action of the respondents in not extending the benefits of reservation to physically disabled persons by implementing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short ‘the Act’), with effect from 07.02.1996 as illegal, arbitrary and for consequential directions to the respondents-authorities.

2.       The second public interest litigation is filed seeking a direction to the respondents-authorities to declare and publish the limitation period and validity of reservation for physically handicapped persons ‘OBC status and non-creamy layer status certificate’ and direct the respondents to consider the physically handicapped persons ‘OBC status and non-creamy layer status’ certificate within three years. 

3.       As the matter and the issues involved in these two matters are similar, they are disposed of by this common order.

4.       Heard the learned counsel appearing for the parties and perused the material on record.

5.       The learned counsel appearing for the Respondents– authorities stated that they are agreed to give effect to the Act itself, as per which the disabled persons can get their remedies in the matter in question with regard to the service, employment etc.  Therefore, no further orders are required to be passed in these matters.  

6.       In view of the above said submission and assurance made on behalf of the respondents-authorities to implement the Act itself properly, we only direct the respondents-authorities to consider the case of the petitioners in the light of the provisions of the Act and shall pass a reasoned order in the matter within a period of four weeks from today, after taking into consideration the Notification, which was issued to give effect to the Act. 

7.         Accordingly, both the PILs are disposed of with the above directions. As a sequel, the miscellaneous petitions, if any, shall stand disposed of accordingly. No costs.

05.03.2013

PINAKI CHANDRA GHOSE, CJ

                                                                     VILAS V. AFZULPURKAR, J

GO M s No 99 GA ( Services D) Dept dt 04/02/2013

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

The Andhra Pradesh State and Subordinate Service Rules, 1996 – Amendment to
rule 22 relating to Persons with Disabilities – Orders – Issued.
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GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT

G.O.Ms.No. 99 .                                                                  Dated:4-3-2013.

Read the following:

1. G.O.Ms.No.436, General Administration (Services-D) Department,

Dated:15.10.1996.

2. G.O.Ms.No.252, General Administration (Services-D) Department,

Dated:28.08.2004.

3. G.O.Ms.No.23, Department for Women, Child, Disabled and Senior Citizens,

Dated:26.5.2011.

4 From Secretary, Andhra Pradesh Public Service Commission, Letter

No.335/RR/2013, dt.20-2-2013.

*******

O R D E R:

The following notification will be published in the Andhra Pradesh Gazette.

NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 of the
Constitution of India and all other powers hereunto enabling, the Governor of Andhra
Pradesh, hereby makes the following amendments to the Andhra Pradesh State and
Subordinate Service Rules, 1996, issued in G.O.Ms.No.436, General Administration
(Services-D) Department, dated the 15th October, 1996 as subsequently amended
from time to time.
2. The amendments hereby made shall be deemed to have come into force with
effect on and from 28.8.2004. However, this amendment shall not have the effect of
nullifying a benefit which has been granted or availed of under the Old Rule.

AMENDMENTS

In rule-22 of the said rules, in sub-rule (2) in clause (e),--

(1) for the existing order of rotation points 6th, 31st and 56th, the following shall be

substituted, namely,-

“6. Blindness or Low Vision (women)

31. Hearing Impaired (Open)

56. Locomotor Disability or Cerebral Palsy (Open)”

(2) in the proviso, for item (ii), the following shall be substituted namely,

“(ii) In the Second cycle of 100 roster points, the following points shall be

reserved as follows:-

“106. Blindness or Low Vision (Open)

131. Hearing Impaired (Women)

156. Locomotor Disability or Cerebral Palsy (Open)”

In the third cycle of 100 roster points, the following points shall be reserved

as follows:-

“206. Blindness or Low Vision (Open)

231. Hearing Impaired (Open)

256. Locomotor Disability or Cerebral Palsy (Women)”

The 6th, 31st and 56th turns in each cycle of hundred (100) vacancies shall be
allotted to the Blindness or Low Vision (Visually Handicapped), Hearing Impaired
(Hearing Handicapped) and Locomotor Disability or Cerebral Palsy
(Orthopaedically Handicapped) persons respectively as stated above and where
qualified and suitable candidates are not available from among them, the turn
allotted for them in the unit referred to above shall be carried forward to the
succeeding recruitment year for being filled from the same category. If, in that
year also, qualified candidates of the same category are not available, the same
shall be notified for being filled up by interchanging from among the three
categories. Only when there is no person with disability of any of the 3 categories
available for the post, the vacancy shall be filled up by the employer by
appointment of a person, other than a person with disability. Provided that if
qualified women candidates are not available for the posts reserved for women,
qualified men candidates of the same category of disabled may be appointed.”

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

B.VENKATESWARA RAO

SECRETARY TO GOVERNMENT (Services & HRM)

To
The Commissioner, Printing Stationery & Stores Purchase, Hyderabad.
(for publication of the notification in the A.P.Extraordinary
Gazette and supply of 50 copies of the same)
All the Departments of Secretariat,
All the Heads of Departments.
The Secretary, APPSC, Hyderabad,
All the District Collectors,
All the Service Sections in GAD,
Copy to:
The Law (E) Department,
The WCD&SC (DW) Department.
The PS to Chief Minister.
The PS to Chief Secretary to Govt.

PIL 303/2012

It is pleasure to inform all the members of the association that the PIL No. 303/2013 filed by this Association has been disposed by the Honorable High Court of Andhra Pradesh to day ie on 05/02/2012 with a relief in favour of the employees with disabilities. The case was filed in 9/2013 seeking direction to implement the section 33 of the PWD Act 1995 wef the date of notification of the act, with retrospective effect, and other averments there in in the affidavit. The copy of the judgement will be placed in this blog for information of the members.
K.Amruth Reddy
President