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Saturday, 9 March 2013

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

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