Monday, June 28, 2021

Supreme Court while upholding the Kerala HC judgement directed State of Kerala to provide reservation in promotion on all post after identifying said posts within 3 months.

Court: Supreme Court of India

Bench: Sanjay Kishan Kaul, J.

Case No. : Civil Appeal No. 59 of 2021

Case Title: The State of Kerala & Ors Vs.  Leesamma Joseph 

Date of Judgement: 28 June 2021

Brief:

This was an appeal against the order of the Kerala High Court on the issue of reservation in promotion of a disabled women employee who was appointed on compassionate grounds and not on disability quota hence was not extended the reservation in promotion for disabled. The matter was persued before the Administrative Tribunal which dismissed her case.  However, the High Court subsequently overturned the Tribinual's order and allowed her case against which the State went to Supreme Court.  

The Supreme Court praised the Order of the High Court as salutary and expressed that it did not call for any interference. 

Supreme Court said, "In fact, what seems to emerge is that the appellant-State has not implemented the judgment of this Court in Rajeev Kumar Gupta's and Siddaraju's cases(supra). Thus, we consider it appropriate to issue directions to the State of Kerala to implement these judgments and provide for reservation in promotion in all posts after identifying said posts. This exercise should be completed within a period of three months. We are making it time bound so that the mandate of the Act is not again frustrated by making Section 32 as an excuse for not having identified the post.

Read the Judgement below:-