A bench headed by Chief Justice R M Lodha said the disabled persons have not got their due in the last 19 years after framing of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, which was passed in 1995.

Additional Solicitor General Pinky Anand, appearing for the Centre, contended that reservation cannot be given in case of promotion to Group A and Group B officers category as it is not a case of appointment.

The bench, however, observed that appointment is a broader concept and the Centre is giving a narrow interpretation of it.

“You are frustating the very reservation policy and cause of class for which Parliament passed the law,” the bench said.

“For the last 19 years it is not being implemented and the class, for which the legislation was made, had not got benefited as it should have,” the bench said.

The court dismissed the petition of Centre challenging order of  Bombay High Court which had directed the Centre and the Union Public Service Commission to implement a 3 per cent quota in direct recruitments and promotions for the disabled in the IAS.

Source : The Economic Times

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