As an apex organization of the blind, we have been struggling hard for ensuring proper implementation of scheme of reservation for persons with disabilities in terms of section 33 of Persons With Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995. As a result of our struggle, a historic judgment dt. 8.10.13 was passed by Hon'ble Supreme Court holding that 3% reservation for persons with disabilities has to be computed against the total number of vacancies in the cadre strength. Following the said judgment, Hon'ble Apex court upheld the orders of Bombay High court, High court of Delhi and High court of Allahabad laying down that Section 33 includes reservation in promotion as well by way of various judgments particularly judgments dt. 10.12.13 in Civil Appeal No. 9473/2011 titled as Municipal Corporation of Delhi Vs. Manoj Gupta, judgment dt. 12.9.14 in C.C. No.13344/2014 and judgment dt. 27.2.15 in civil Appeal No.5914/2015 titled as Union of India Vs. National Confederation for Development of Disabled & Ors. and judgment dt. 20.3.15 in Civil Appeal No.4641/2015 titled as State of U.P. & Ors. Vs. Sanjeev Kumar Jain & Ors. dismissing the civil Appeals/ SLPs both of Govt. of India as well as respective State Govts. Since the Govt. of India did not implement the said judgment dt. 8.10.13 of Hon'ble Apex court both on the issue of filling up of backlog of vacancies against reservation quota for persons with disabilities as well as did not amend the relevant office memorandum dt. 29.12.05 to include reservation in promotion in Group A & B Jobs for persons with disabilities, we filed contempt petition before Hon'ble apex court bearing Cont. Petition © No.499/2014 which was disposed of vide order dt. 1.9.15. The Hon'ble Apex court while holding that since the Govt. of India has committed itself to fill up the entire backlog of vacancies numbering about over 15,000 by way of a special recruitment drive in terms of office memorandum dt. 22.5.15, the contempt proceedings will not be initiated. However, with regard to the issue of reservation in promotion, the Hon'ble Apex court has held that the issue of reservation in promotion was not before the court in the proceedings in which judgment dt. 8.10.13 has been passed and therefore no contempt lies. This part of the judgment has created a conflicting legal situation which is that on one hand four different benches of Hon'ble Apex court dismissed the petitions of Central Govt. as well as of the respective State Govts. affirming the judgments of aforementioned high courts that Section 33 includes reservation in promotion for persons with disabilities in Group A & B as well and on the other hand the said observation of the Hon'ble apex court in the said judgment of 1.9.15 is capable of misinterpreting the effect of earlier judgments of the Apex court dismissing the petitions of the Govt. on the issue. We are, therefore, contemplating to take following steps to safeguard our rights with regard to reservation in promotion in groups A & B and to ensure implementation of the aforementioned judgments of various High courts affirmed by different Benches of Hon'ble Apex court including a Three judge bench. a) Filing of an application for clarification / recall in the said contempt proceedings; b) Filing of Contempt petitions before the Hon'ble apex court in the aforementioned matters where civil appeals and SLPs both of Central Govt. and State Govt. have been dismissed. c) Lobbying with the Parliamentarians for implementing the said judgments of various high courts affirmed by Hon'ble Apex court. d) Holding of a Press Conference on 3.9.15 at Indian Women's Press Corps at 4.30 p.m. at 5, Windsor place, Ashoka Road, New Delhi to highlight the issue.
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