Thursday, August 2, 2012

MADRAS HC RULES OUT NO QUOTA IN PROMOTION DISABLED




IN A RECENT DECISION, THE HON’BLE HIGH COURT OF MADRAS HAS RULED THAT DISABLED CANDIDATES, WHO ARE ENTITLED TO 3% RESERVATION IN JOBS, CANNOT SEEK EXTENSION OF THE BENEFIT TO PROMOTIONS AS WELL.  WHILE THE COURT DISMISSED  A WRIT PETITION SEEKING RESERVATION OF 3% OF VACANCIES IN PROMOTIONS FOR DISABLED PERSONS, THE COURT OBSERVED THAT EVEN UNDER THE PROVISIONS OF THE PERSONS WITH DISABILITIES (EQUAL OPPORTUNITIES, PROTECTION OR RIGHTS AND FULL PARTICIPATION) ACT, 1995, RESERVATION CAN BE MADE ONLY AFTER IDENTIFICATION OF POSTS. THOSE PROVISIONS ARE CONTEMPLATED ONLY FOR INITIAL APPOINTMENT AND NOT FOR PROMOTIONS.

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