Kerala Administrative Tribunal orders govt to create supernumerary posts

Finally, bringing justice to the hapless physically handicapped  candidates included in the rank-list for the Deputy Collector’s post, the  Kerala Administrative Tribunal has ordered the state governm

THIRUVANANTHAPURAM: Finally, bringing justice to the hapless physically handicapped  candidates included in the rank-list for the Deputy Collector’s post, the  Kerala Administrative Tribunal has ordered the state government to  create supernumerary posts for their appointment.Tribunal member Benny Gervacis  issued the order in the original application filed by Madhu K, a  differently abled  person from  Thrissur seeking a direction to the government. The Trubunal has asked the government to create supernumerary posts so as to give appointment to the applicants in two original applications.

On creation of such posts within the time limit, as stipulated in the order in O.A. No. 1547 of 2016, the same shall be informed to the Public Service Commission specifically stating that the above posts
are for advice and appointment to physically disabled candidates from the rank-list dated 17-1-2014 issued as category no. 441/2010. The government  was directed to issue orders within a period of  one month from 8-8-2017. It was also directed that on creation of such posts, those vacancies were to be informed to the Public Service Commission to advice physically disabled candidates from the rank- list dated 17-1-2014.

‘Express’ had published a series of reports shedding light on the neglect being meted out to the  PH candidates  giving details of the  bureaucracy’s insensitivity. Also , there had been several instances of blatant violation of the Supreme Court ‘s ruling and Government of India directives. 

Madhu ,  who suffers from 42 per cent  locomotor disability and included in the rank-list of Deputy Collector  was  aggrieved by the non-compliance of the directions of the Supreme Court  to effectively implement  the ratio of 3 per cent reservation for physically disabled persons and that they should be granted the turn of 1, 34 and 67 as against the existing turn of 33, 66 and 99. If the dictum was applied,  the applicant would have been advised and appointed against the post of Deputy Collector. 

Govt decision  
Pursuant to the Tribunal’s order, the government had taken a  decision to resolve the turns of 1, 34 and 67 of the 100 point reservation roster for the physically disabled persons. This was directed to be given effect to from 7-2-1996, the date on which the three per cent reservation had come into force.

 As the ranked list was due to expire on June 30, 2017, the Tribunal had issued an order in the connected Original Application, (O.A. No. 1547 of 2016 ) to report three vacancies of deputy collectors to the Public Service Commission on or before 20-6-2017. But the government’s  stance was that there was no substantive vacancies   on the date of expiry of the rank-list.

But later considering the fact that no differently disabled persons were appointed from the rank-list, the government took upon itself to create supernumerary posts so as to grant the benefits to the differently abled persons.

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