news details |
|
|
| DB sets-aside judgment of Single Judge regarding JE Civil (Handicapped) | | | Early Times Report
Jammu, Mar 12: In a LPA filed by Anjeel Kumar, Narmeet Singh, Shifali Sharma and Sahil Khajuria challenging the judgment of Single Judge whereby Single Judge dismissed the petition SSRB to recommend eleven candidates for the post of Junior Engineer (Civil) Grade-II from amongst the candidates belonging to Handicapped category pursuant to advt notice No. 08 of 2010 dtd 24/12/2010, a Division Bench (DB) of State High court Comprising Chief Justice N Paul Vasanthakumar and Justice Dhiraj Singh Thakur directed Commissioner/Secretary Public Works Department to appoint the appellants within a period of four weeks from the date of selection order. After hearing Adv Abhinav Sharma appearing for the appellants whereas Sr AAG Gagan Basotra for the state whereas Adv KM Bhatti appearing for the SSRB, in a landmark judgment allowed the appeal of appellant and set-aside the judgment of Single Judge with the direction to SSRB to consider the candidature of the appellants as per Section 22 of the Jammu and Kashmir Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1998, and issue selection order within a period of four weeks. While directing State to appoint the appellants, Division Bench observed it is clear that State is duty bound to identify the posts in all establishments which can be reserved for persons with disabilities and the said identification of posts can be reviewed at periodic intervals not exceeding three years after taking into consideration the development in technology. "Section 22 mandates the Government to appoint not less than 3% of persons with disabilities in every establishment of which one percent, each shall be reserved for persons suffering from (i) blindness or low vision; (ii) hearing impairment; and (iii) Locomotor disability or cerebral palsy, in the posts identified for each disabilities, court said. In so far as the post of Junior Engineer (Civil) Grade-II is concerned, admittedly no exemption was issued by the Government. It is a fact that though the Act was enacted in the year 1998, the posts in the Public Works (R&B) Department were not identified up to the year 2011 and only after the directions issued by this Court in the decision cited supra, the Government thought it fit to identify the posts. The belated identification of posts is now put against the appellants who are otherwise eligible to be appointed under Section 22 of the Act which mandates reservation of not less than 1% of the posts in each category in all establishments, namely, blindness or low vision, hearing impairment, and Locomotor disability or cerebral palsy. The appellants are coming within the disabilities of blindness/low vision, and Locomotor disability. Up to the year 2011 persons suffering with hearing impairment alone were identified for the posts. The bureaucratic delay in identifying the posts for these disabled persons cannot be a ground to deny appointment to the deserving physically challenged persons. With these observations Division Bench disposed of LPA. (JNF) |
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
|
|
STOCK UPDATE |
|
|
 |
| BSE
Sensex |
 |
| NSE
Nifty |
|
|
| |
CRICKET UPDATE |
|
|
|
|
| |
| |
|
|
| |
|
|
|
|
| |
|
|
|
|
|
|
|
|
|
|
|
|
|
