New Delhi: Judge Sanjay Kiswa Kulul and R Subhash Reddy also holds that functional difficulties and other reasons related to promotional posts should not be considered as deception to PWD.
It is said that the government must explore the method to overcome the issue of stagnation of PWD in such situations and such different people can be given a promotional road in other departments or higher salaries can be given in the same post.
The bench passed the order while rejecting the request of the Kerala government which denied reservations in promotion to employees in the field there were no rules in the state to provide reservations in promotion for PWD.
The bench gives a three-month time to the state to provide reservations in promotion to all posts in such cases after identifying them.
“The absence of rules to provide reservations in promotion will not defeat the rights of PWD to reservations in promotion while flowing from the law and in our view, this is the basis of the mandate of this court at Rajeev Kumar Gupta and Siddaraju’s case,” said the bench , The bench agreed with the advocate advocate advocate agrawal, which helped the court as Amicus Curiae, to ensure that disability did not hinder promotion.
The court said, “Resistance to such reservations is clear from the delay tactics adopted by most government authorities in truly applying the intention.
Thus it shows that it is sometimes easier to impose law but it is far more difficult to change the social mindset who will try to find 12 ways and ways to defeat the intention of the action applied …
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