New Delhi:The Supreme Court has said that the Centre has taken a stand which defeats the very object of enacting laws for the benefit of persons with disability, while ordering an appointment of a 100 per cent visually impaired candidate, who cleared the Civil Services Examination (CSE), within three months.
A bench comprising Justices Abhay S Oka and Pankaj Mithal minced no words in criticising the Centre for failing to implement provisions of the Persons with Disabilities (PwD) Act and fill backlog vacancies.
The apex court said by applying the principles governing Section 36 of the PWD Act, the cases of respondent no.1 and the other 10 candidates who are above him in merit could have been considered, especially when there is a gross default on the part of the appellant, Union of India, in promptly implementing the provisions of the PWD Act.
"Unfortunately, in this case, at all stages, the appellant has taken a stand which defeats the very object of enacting laws for the benefit of persons with disability. If the appellant had implemented the PWD Act,1995, in its true letter and spirit, respondent no.1 would not have been forced to run from pillar to post to get justice," said Justice Oka, who authored the judgment, delivered on Monday, on behalf of the bench.
The top court directed cases of respondent no.1 (Pankaj Kumar Srivastava) and 10 other candidates belonging to category VI, who were above him in the merit list of CSE-2008, should be considered for appointment against the backlog vacancies of PwD candidates either in IRS (IT) or in other service/branch.
"Necessary action of giving appointments shall be taken within a period of three months from today. The appointments will be made prospectively. The appointees will not be entitled to the arrears of salary and the benefit of seniority etc.", said the bench.
The top court said that only for the purposes of retirement benefits, their services shall be counted from the date on which the last candidate of the VI category in CSE-2008 was given an appointment. Justice Oka made it clear that these directions have been issued as a one-time measure in the exercise of the jurisdiction of this court under Article 142 of the Constitution, and the same shall not be treated as a precedent.
Pankaj Kumar Srivastava, who is 100 per cent visually impaired, appeared in the Civil Services Examination, 2008 and gave four preferences for services in the following order -- 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)).
Srivastava, after having taken the written test and interview, was denied an appointment. In 2010, the Central Administrative Tribunal (CAT) directed the Union Public Service Commission (UPSC) and the Department of Personnel and Training to calculate the backlog vacancies following the mandate of the PWD Act, 1995 within six months. CAT also directed the Union of India to inform Srivastava if service could be allocated to him.
The UPSC, in September 2011, informed Srivastava that his name did not figure in the merit list of CSE-2008. Later, CAT directed the UPSC to accommodate candidates selected on their own merit in the unreserved/general category in accordance with the Office Memorandum dated December 29, 2005. The Union of India, challenged the CAT judgment in the Delhi High Court which dismissed the appeal. The Centre challenged the High Court order in the apex court.
