A relief for disabled persons ...Judgment of Supreme Court in Civil Appeal No.9096/2013- dated 8-10-13.

The concluding portion of the judgment read so-

Conclusion

Para 49- Employment is a key factor in the empowerment and inclusion of people with disabilities. It is an alarming reality that the disabled people are out of job not because of their disability comes in the way of their functioning rather it is social and practical barriers that prevent them from joining the workforce. As a result, many disabled people live in poverty and in deplorable conditions. They are denied the right to make a useful contribution to their own lives and to the lives of their families and community.

Para 50- The Union of India, the State Governments as well as the Union Territories have a categorical obligation under the Constitution of India and under various international treaties relating to human rights in general and treaties for disabled persons in particular, to protect the rights of disabled persons. Even though the Act was enacted way back in 1995, the disabled people have failed to get required benefit until today.

Para 51- Thus, after thoughtful consideration, we are of the view that the computation of reservation for persons with disabilities has to be computed in case of group A, B, C and D posts in a identical manner, computing 3% reservation on total number of vacancies in the cadre strength, which is the intention of the legislature. Accordingly certain clauses in the OM dated 29-12-2005 which are contrary to the above reasoning are struck down and we direct the appropriate government to issue new office memorandum in consistant with the decision renderd by this Court.

Directions-

(i)                  We hereby direct the appellant herein to issue an appropriate order modifying the OM dated 29-12-2005 and the subsequent OMs consistent with this Court’s order within three months from the date of passing of this Judgment.

(ii)                We hereby direct the “appropriate Government” to compute the number of vacancies available in all the “establishments” and further identify the posts of disabled persons within a period of three months from today and implement the same without default.

(iii)               The appellant herein shall issue instructions to all the department/public sector undertakings/Governement companies declaring that the non observance of the scheme of reservation for persons with disabilities should be considered as an act of non-obedience and nodal officer in the department/public sector undertakings/Governement Companies, responsible for the proper strict implementation of reservation for person with disabilities, be departmentally proceeded against for default.