Disposed

All India Blind Employees Association v. UOI and Ors.

Punjab & Haryana HC31 Jul 2012CWP/1268/2007

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana disposed of a writ petition filed by the All India Blind Employees Association seeking directions to identify reserved posts for physically disabled persons and clear the backlog. The Court dismissed the petition as withdrawn/frivolous.

What did the court decide?

Writ petition disposed of by issuing directions to fill up posts reserved for physically disabled persons as per the 1995 Act.

All India Blind Employees Associatio… — Pension and Retirement Benefits | Punjab & Haryana HC (2012)

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CWP No.1268 of 2007

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CWP No.1268 of 2007(O&M) Date of decision: 31.07.2012

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All India Blind Employees Association

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…..Petitioner

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versus

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Union of India and others

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……Respondents

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CORAM: Hon’ble Mr.Justice Jasbir Singh, Acting Chief Justice Hon’ble Mr.Justice Rakesh Kumar Jain

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Present: Mr.Anil Rathee, Advocate for the petitioner

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Jasbir Singh, Acting Chief Justice (Oral)

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This writ petition has been filed by the petitioner with a prayer that directions be issued to respondent No.1 to 4 to take necessary steps to identify the posts reserved for physically disabled persons and to clear the backlog of the reserved posts meant for the above category.

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While issueing notice of motion, interim directions were also issued to the Union Territory, Chandigarh to fill up the backlog. On 28.3.2011, following order was passed by this Court:-

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“Though a prayer for adjournment has been made on behalf of the Union Territory, Chandigarh on the ground that some further information will be placed before the Court within a week, we have looked into the earlier orders passed by the Court and the issues arising in the writ petition before considering the prayer for adjournment. Having looked into the matter, we are of the view that to resolve the issues arising

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CWP No.1268 of 2007

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in this writ petition the following information is required to be laid before this Court:-

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i) After the commencement of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, the number of posts in different group of services that have been identified for being filled up by each of the three different categories of physically challenged persons. The detail of such posts which are required to be identified, would, naturally, be in respect of both direct recruitment and promotion.

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ii) Whether the triennial review as contemplated by the provisions of the Act with regard to the such identification have been made and result thereof.

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iii) The number of physically challenged persons of each category who are holding the posts identified in different groups.

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iv) The difference between the number of posts actually held by each category of the physically handicapped persons and the number of posts identified will be the backlog and the steps taken for filling up such backlog.

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The Union Territory Administration is directed to place the above information before the Court within a period of four weeks from today.”

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In response thereto, an affidavit of Mr.M.C.Jast, Regional Employment Officer, U.T., Chandigarh has been placed on record, wherein it is stated that as per provisions of the Act, all efforts have been made to fill up the posts reserved for physically disabled persons and roster is being maintained for the said purpose in all the departments of UT, Chandigarh as

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CWP No.1268 of 2007

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is evident from Annexure V enclosed with that affidavit which shows the position of the posts in direct and promotional quota.

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We are satisfied with the procedure adopted by the U.T.

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Administration.

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This writ petition is disposed of by issuing directions to fill up the posts reserved for physically disabled persons, as and when available, as per provisions of the 1995 Act.

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(Jasbir Singh) Acting Chief Justice

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31.07.2012 (Rakesh Kumar Jain) gk Judge

All India Blind Employees Association v. UOI and Ors.

Case brief

What is this about?

What did the court decide?

All India Blind Employees Association v. UOI and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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