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
No comments:
Post a Comment