Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Social Justice to physically handicapped person |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Social Justice to physically handicapped persons-Appointment to the Provincial Civil Se~vice (Executive Branch) denied to the appellant on the plea that 2% reservation under G.O. No. 43/90/66 Appt. 4 dated 18. 7.1972 had been revoked by the Government letter dated 1.3.1979--Construction and scope of the letter dated 1.3.1979 explained-Constitution of India, 1950, Article 38. As far back as 1972, the Uttar Pradesh Government by G.O_ No. 43/90/66-Apptt. 4 dated July 18, 1972 announced "for the 'physically handicapped persons, the reservation in all the services under the D Government shall be 2%". All the Government Departments were directed to follow the policy for reservation in services accordingly. Later, by G.O- No. 7/4/1971-Personnel-2 dated May 20, 1978 the Government of Uttar Pradesh while affirming the "reservation of 2% posts for the. appointment of disabled persons in all the services under the Government", defined who a physically handicapped person was Pursuant to a letter from the Public Service Commission there was a proposal not to reserve any post for disabled persons in the Provincial Civil Service. This proposal, however, did not result in the issuance of any G.O. by the Government- But the Public Service Commission was informed by the Government by their letter dated 1-3-1979 that none of the categories of disabled persons was suitable for appointment to the U.P. Civil Service (Executive Branch) and no reservation for disabled persons might be made in the Provincial Civil (Executive Branch) Service- In 1981 the Chief Secretary, Government of Uttar Pradesh addressed all the Secretaries lo the Government, Head of Department and Commissioners in Uttar Pradesh pointing out that though a provision for reservation of 2% posts was made for physically handicapped persons by G_O_ No. 43/90/66 dated July 18, 1972 in the services under the State Government, appointments bad not been made of handicapped persons in accordance with the reservation. "The necessity of making appointments of physically handicapped persons to the reserved posts was impressed upon all the Secretaries, Heads of Departments and Commissioners and it was particularly brought to their attention that 1981 bad been declared as "the International Year for the physically Handicapped Persons'. It was also directed that vacancies should be carried forward and efforts should be made to ensure that the maximum number of physically handicapped persons were appointed. The appellant, a disabled person who was successful at the combined State Services Examination held in 1982 by the Uttar Pradesh Pubic Service Commission was offered the post of Manager Marketing and Economic Survey instead of a post in the Provincial Civil Service (Executive) Branch on the ground that the reservation of 2% to the disabled persons had been revoked by the Government letter dated 1.3.1979. The Writ Petition filed by the appellant was dismissed by the Allahabad High Court. Hence the appeal by special leave. |
Judge | Hon'ble Mr. Justice O. Chinnappa Reddy |
Neutral Citation | 1986 INSC 268 |
Petitioner | Daya Ram Tripathi |
Respondent | State Of Uttar Pradesh & Anr. |
SCR | [1987] 1 S.C.R. 574 |
Judgement Date | 1986-12-12 |
Case Number | 4460 |
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