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1 - 10 of 17 (0.23 seconds)Section 32 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Rajeev Kumar Gupta & Ors vs Union Of India & Ors on 30 June, 2016
In fact, what seems to emerge is that the
appellant State has not implemented the judgment of this Court
in Rajeev Kumar Gupta [Rajeev Kumar Gupta v. Union of India,
(2016) 13 SCC 153 : (2017) 2 SCC (L&S) 605] and Siddaraju
[Siddaraju v. State of Karnataka, (2020) 19 SCC 572 : 2020 SCC
OnLine SC 45] cases. Thus, we consider it appropriate to issue
directions to the State of Kerala to implement these judgments and
provide for reservation in promotion in all posts after identifying
said posts. This exercise should be completed within a period of
three months. We are making it time-bound so that the mandate of
the Act is not again frustrated by making Section 32 as an excuse
for not having identified the post."
The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995
The Rights of Persons with Disabilities Act, 2016
Section 20 in The Persons With Disabilities (Equal Opportunities, Protection Of Rights And Full Participation) Act, 1995 [Entire Act]
Union Of India & Anr vs National Federation Of The Blind & Ors on 8 October, 2013
3 WA-1772-2025
to amend, modify or repeal it if deemed necessary.
4 Since appellant was not granted promotion, therefore, he filed WP No.
9054 of 2012 which was disposed of with direction to the respondents to
consider the case of appellant for promotion. However by order dated
6/2/2017, claim of appellant has been rejected on the ground that the Act of
1995 is applicable to the Central Government employees and as per the
provisions of Promotion Rules, 2002 only candidates belonging to Schedule
Castes and Schedule Tribes are entitled for reservation and promotion. It was
further held that there is provision for reservation at the time of recruitment
and not for promotion. Since the action of respondent was contrary to the law
laid down by Supreme Court, therefore, appellant filed contempt petition
before Supreme Court. Thereafter during the pendency of contempt petition,
appellant was granted promotion to the post of Assistant Director / Manager
(Industry) by order dated 6.1.2018.
Union Of India vs Ravi Prakash Gupta on 13 September, 2021
In Union of India v. Ravi Prakash Gupta
[Union of India v. Ravi Prakash Gupta, (2010) 7 SCC 626 : (2010)
2 SCC (L&S) 448] also, this Court mandated the identification of
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 9/27/2025
2:58:37 PM
NEUTRAL CITATION NO. 2025:MPHC-GWL:23848
7 WA-1772-2025
posts for purposes of reservation. Thus, what is required is
identification of posts in every establishment until exempted under
proviso to Section 33. No doubt the identification of the posts was
a prerequisite to appointment, but then the appointment cannot be
frustrated by refusing to comply with the prerequisite.
S. Siddaraju vs The State Of Karnataka on 20 February, 2019
In fact, what seems to emerge is that the
appellant State has not implemented the judgment of this Court
in Rajeev Kumar Gupta [Rajeev Kumar Gupta v. Union of India,
(2016) 13 SCC 153 : (2017) 2 SCC (L&S) 605] and Siddaraju
[Siddaraju v. State of Karnataka, (2020) 19 SCC 572 : 2020 SCC
OnLine SC 45] cases. Thus, we consider it appropriate to issue
directions to the State of Kerala to implement these judgments and
provide for reservation in promotion in all posts after identifying
said posts. This exercise should be completed within a period of
three months. We are making it time-bound so that the mandate of
the Act is not again frustrated by making Section 32 as an excuse
for not having identified the post."
Geeta Rani @ Sunita Rani Wife Of Mangat ... vs Mangat Ram Alias Vikash Kumar Son Of Pala ... on 13 September, 2012
In the recent judgment of this Court in Vikash Kumar v. UPSC
[Vikash Kumar v. UPSC, (2021) 5 SCC 370 : (2021) 2 SCC
(L&S) 1] while dealing with the latter 2016 Act, an expansive
interpretation has been given to Section 20 read with Section 2(y).
The said provisions read as under: