Supreme Court Orders Appointment of 11 Visually Impaired Candidates from CSE 2008 Batch against backlog vacancies within three months

Court: Supreme Court of India

Bench: Hon'ble Justice Abhay S. Oka and Hon'ble Justice Pankaj Mithal

Case: Civil Appeal No. 3303 OF 2015 

Case Title: Union of India (Appellant)  Vs.  Pankaj Kumar Srivastava & Anr. (Respondent(s))

Date of Order: 08 July 2024

Introduction:

In a landmark ruling aimed at ensuring justice and inclusivity, the Supreme Court has directed the government to appoint 11 visually impaired candidates from the Civil Services Examination (CSE) 2008 batch against backlog vacancies within three months. This decision comes as a significant victory for the respondents who have been fighting for their rightful place in the civil services for over a decade.

Background of the Case

The primary respondent in this case, referred to as Respondent No.1, is 100% visually impaired. He appeared in the Civil Services Examination in 2008 and opted for the following services in order of preference: Indian Administrative Services (IAS), Indian Revenue Services-Income Tax (IRS (IT)), Indian Railway Personnel Service (IRPS), and Indian Revenue Service-Customs and Excise (IRS (C&E)). Despite clearing the written test and interview, he was denied an appointment. This led to the filing of Original Application No. 2402 of 2009 before the Central Administrative Tribunal (CAT) in New Delhi, arguing that backlog vacancies for persons with disabilities, as mandated by the Persons with Disabilities (PWD) Act of 1995, were not filled.

Tribunal's Directive

On October 8, 2010, the CAT directed the Union Public Service Commission (UPSC) and the Department of Personnel and Training (DoPT) to calculate the backlog vacancies within six months and to inform Respondent No.1 about his service allocation. However, on September 9, 2011, UPSC informed him that his name did not feature in the merit list for his disability category (visually impaired). This prompted Respondent No.1 to file another Original Application No. 3493 of 2011 before the CAT.

Further Tribunal Orders and Appeals

On May 30, 2012, the CAT ordered that candidates selected on their own merits should be adjusted in the unreserved/general category as per the Office Memorandum dated December 29, 2005. The Tribunal also directed that candidates belonging to the PH-2 (Visually Impaired) category be selected against the reserved category and be given appointments. However, on August 30, 2012, the UPSC once again denied Respondent No.1 an appointment, stating he was not qualified for the PH-2 quota. In response, Respondent No.1 filed a review application, highlighting that many vacancies for visually impaired candidates remained unfilled.

The Union of India challenged the Tribunal’s judgment dated May 30, 2012, by filing a writ petition before the Delhi High Court. The High Court dismissed the petition on October 11, 2013, leading to the Union of India filing an appeal before the Supreme Court.

Supreme Court's Observations and Directions

The Supreme Court noted the existence of several backlog vacancies for the visually impaired in the IRS (IT) and acknowledged that since CSE-2014, visually impaired candidates have been selected for the IRS (IT). The Court criticized the Union of India for failing to implement the provisions of the PWD Act, 1995, effectively, thereby forcing the respondent to seek justice repeatedly.

In light of these observations, the Supreme Court exercised its jurisdiction under Article 142 of the Constitution of India and issued the following directions:

1. Appointment Consideration: The cases of Respondent No.1 and the other 10 candidates belonging to the visually impaired category, who are above him in the merit list of CSE-2008, shall be considered for appointment against the backlog vacancies of PWD candidates in IRS (IT) or other services/branches.

2. Timely Action:The necessary actions to give appointments must be completed within three months. The appointments will be made prospectively, and the appointees will not be entitled to arrears of salary or seniority benefits.

3. Retirement Benefits: For retirement benefits, their service shall be counted from the date the last candidate of the visually impaired category from CSE-2008 was appointed.

4. One-Time Measure: These directions are issued as a one-time measure and shall not be treated as a precedent.

Conclusion

This ruling underscores the importance of implementing disability laws in their true spirit and ensuring that visually impaired candidates receive their rightful opportunities. The Supreme Court’s directive serves as a crucial reminder of the need for inclusivity and fairness in the civil services selection process. This judgment not only provides relief to the 11 candidates but also sets a significant precedent for future cases involving the rights of persons with disabilities.

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Calcutta High Court Orders Punjab National Bank to Pay ₹3 Lakh for Discrimination Against Disabled Employee [Judgement included]

Court: Calcutta High Court, India

Bench: Justice Rajasekhar Mantha

Case Title: Anirban Pal vs Punjab National Bank And Others

Case No: WPA 10195 of 2023

Date of Hearing: 20 June 2024

Subject: Inhuman conduct of employer bank with a disabled employee, transfer on promotion 

Brief

In a landmark judgement, the Calcutta High Court has directed Punjab National Bank (PNB) to pay ₹3 lakh as compensation to a bank official with a 70 percent disability for what the court described as "inhuman" conduct towards him [Anirban Pal vs Punjab National Bank And Others]. Justice Rajasekhar Mantha emphasized the need for sensitivity and compliance with disability rights laws in the banking sector.

Case Background

The petitioner, Anirban Pal, a Scale-III officer at PNB, was severely injured in a motor accident in 2015, resulting in a 70 percent disability. Despite his condition, Pal was promoted to Scale-IV in 2018. However, PNB insisted on transferring him to Patna, disregarding his repeated requests to remain in Calcutta, where he had access to essential caregiving.

Pal initially avoided the bank's promotion process in 2016, fearing transfer. Observing that two colleagues with physical disabilities were promoted without transfer, he participated in the 2018 promotion process. Although promoted to Scale-IV, his request to stay in Calcutta was denied, forcing him to move to Patna under duress.

Unable to cope with the move, Pal took leave due to severe discomfort and pain. PNB's threats of coercive action further aggravated his situation. Pal then appealed for repatriation to Calcutta, either in his promoted role or by reverting to his previous Scale-III position. Following intervention from the Chief Commissioner for Persons with Disabilities, Pal was transferred back to Calcutta in December 2018, albeit demoted to Scale-III.

Court's Findings

The Court condemned PNB’s actions, highlighting their failure to accommodate Pal’s disability needs and their blatant disregard for the directives of the Chief Commissioner for Persons with Disabilities. The Court mandated disciplinary actions against the responsible officials and ordered the sensitization of all Public Sector Bank officials regarding the "Persons with Disabilities Act of 2016" and the bank's special rules pertaining to disability.

Sensitization and Disciplinary Measures

The High Court's judgement underscores the urgent need for greater awareness and adherence to disability rights within public institutions. The Court's directive to sensitize officials across all Public Sector Banks aims to prevent future instances of discrimination and ensure that employees with disabilities receive the support and accommodations they are entitled to under the law.

This judgement serves as a critical reminder of the legal and ethical obligations of employers to uphold the rights and dignity of employees with disabilities. It is a significant step towards fostering an inclusive and supportive work environment in India's banking sector and beyond.

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