Statutory Mandate of Reservation in Promotions for Persons with Disabilities Under the 1995 Act

sketch of the Supreme Court of India
Case
THE STATE OF KERALA v. LEESAMMA JOSEPH (Supreme Court of India, 28-06-2021)
Law
Constitution of India, Rights of Persons with Disabilities Act.

Highlights of the Judgment:

  • Detailed interpretation of reservation in promotions for Persons with Disabilities under the Persons with Disabilities Act, 1995.
  • Analysis of whether statutory reservation under Section 33 is contingent upon prior identification of posts under Section 32.
  • Examination of the principle that the source of initial recruitment does not disentitle a PwD employee from claiming promotional reservation.
  • Review of judicial precedents establishing that the absence of specific service rules cannot defeat statutory mandates for disabled employees.