Can’t deny disabled quota in promotions even if appointed under general quota: SC

The Supreme Court had made a ruling that a person with disabilities cannot be refused reservation in promotions in government jobs even if the person was not appointed under the disability quota.

The Kerala high court order had granted the benefit to Ms Leesamma Joseph, female staff in the state’s police department and the person with disabilities, last year. The supreme court was hearing an appeal filed by Government of Kerala against the judgement by the high court in March last year

The government's argument was that Ms Leesamma Joseph had entered the state services as a typist in 1996 by way of compassionate appointment following the death of her brother during service. The appointment was not under the disabled quota. At the time of joining, Joseph suffered from Post-Polio Residual Paralysis (L) Lower Limb and her permanent disability were assessed at 55 per cent. However, since it was a case of a compassionate appointment, she was hired under the general category and not as disabled under the existing Persons with Disabilities Act 1995.

A bench of Justices Sanjay Kishan Kaul and R Subhash Reddy said: “The 1995 Act does not make a distinction between a person who may have entered service on account of disability and a person who may have acquired a disability after having entered the service.”