The Supreme Court will decide the issue that “Can Reservation in Promotion be Granted to a Person With Disability appointed under compassionate scheme?”
This question has cropped up in the Special Leave Petition filed by the State of Kerala before the Supreme Court, challenging the Judgment of Kerala High Court setting aside the Order of Kerala Administrative Tribunal dismissing the OA filed by one Leesamma Joseph claiming reservation in promotion under the category of person with disability.
The Kerala High Court referring to the Judgment of Supreme Court in the case of Siddaraju vs State of Karnataka, held that Joseph is entitled to reservation in promotion under the disability quota.
In the SLP the Government has pleaded that Joseph was given appointment under the compassionate scheme, therefore the entry point was different from the disability quota, as such she cannot claim reservation in promotion.
A bench of Hon’ble Justice S K Kaul, Hon’ble Justice Dinesh Maheshwari, and Hon ‘ble Justice Hrishkesh Roy refused to grant stay on the Order of High Court as she had already retired.
Title: STATE OF KERALA vs. LEESAMMA JOSEPH
Cas No.: SLP (C) No(s). 14540/2020