Himachal Pradesh High Court
Himachal Pradesh Branch vs State Of Himachal Pradesh on 24 November, 2021
Bench: Mohammad Rafiq, Sabina
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 24th DAY OF NOVEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE MOHAMMAD RAFIQ
CHIEF JUSTICE
&
HON'BLE MS. JUSTICE SABINA
CIVIL WRIT PETITION No. 452 of 2021-F
Between:-
NATIONAL FEDERATION OF THE BLIND
HIMACHAL PRADESH BRANCH,
A REGISTERED ORGANIZATION UNDER
SOCIETIES REGISTRATION ACT,
HAVING ITS REGISTERED OFFICE AT
KAMLA NIWAS NEAR DHALLI TUNNEL,
SHIMLA - 171 012.
THROUGH ITS GENERAL SECRETARY
SH. KULDEEP SINGH, AGED 36 YEARS,
S/O SH. ISHWAR SINGH. ....PETITIONER
(BY MR. DHEERAJ K. VERMA, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH,
THROUGH ITS PRINCIPAL SECRETARY,
DEPARTMENT OF PERSONNEL & TRAINING,
GOVERNMENT OF HIMACHAL PRADESH,
H.P. SECRETARIAT, CHOTTA SHIMLA, SHIMLA.
2. HIMACHAL PRADESH PUBLIC SERVICE COMMISSION,
THROUGH ITS CHAIRMAN, CIRCULAR ROAD,
NIGAM VIHAR, CHOTTA SHIMLA, SHIMLA,
HIMACHAL PRADESH 171 002.
3. ADDITIONAL CHIEF SECRETARY
(SOCIAL JUSTICE AND EMPOWERMENT),
H.P. SECRETARIAT, CHOTTA SHIMLA,
TEHSIL AND DISTRICT SHIMLA, H.P. ....RESPONDENTS
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(SH. ASHOK SHARMA, ADVOCATE GENERAL
WITH MS, RITTA GOSWAMI, ADDITIONAL ADVOCATE GENERAL,
FOR RESPONDENTs NO. 1 & 3,
.
SH. VIKRANT THAKUR, ADVOCATE,
FOR RESPONDENT NO. 2.)
This petition coming on for admission this day,
Hon'ble Mr. Justice Mohammad Rafiq, passed the following:
ORDER
This writ petition was filed by National Federation
of the Blind, Himachal Pradesh Branch, through its General
Secretary Sh. Kuldeep Singh with a prayer that the
respondents/State may be directed to give effect to 3%
reservation for persons with disabilities in terms of
Section 33 of the Persons With Disabilities (Equal
Opportunities, Protection Of Rights and Full Participation)
Act, 1995 read with directions of Hon'ble Supreme Court in
judgment dated 8.10.2013 in Civil Appeal No. 9096/2013 up
to March, 2017, and thereafter in terms of Section 34 of
Rights of Persons With Disabilities Act, 2016 read with Rule
11 of Rights of Persons With Disabilities Rules 2017, read
with Office Memorandum bearing No. PER(AP)-C-
F(4)-I/2020, dated 22.06.2020 including 1% for persons
suffering from blindness and low vision by all Government
Departments at least beginning from 1996 and quash all
such recruitments to the extent of 3% up to March, 2017
.
and, thereafter, 4% from April, 2017 till date as provision of
reservation in terms of Section 33 of the Act of 1995 and
Section 34 of the Act of 2016.
2. From perusal of the reply filed by the
respondents/State a special drive for recruitment of posts
reserved for the persons with disabilities was initiated from
the year 2007 in the State of Himachal Pradesh as a result
of which 1942 posts were filled up from that category which
also includes 616 posts of visually impaired persons but the
backlog of several posts in various departments, including
68 posts reserved for visually impaired category have not
been filled so far up due to certain reasons. Further, the
Department of Personnel vide letter No. PER(AP)-C-
F(4)6/2016-II, dated 27.09.2019 has now issued instructions
to clear the backlog posts of all categories including
persons with disabilities and also as per their letter No.
PER(AP)-C-B(12)21/2019, dated 13.01.2020 direction was
issued to all the Departments/Boards/Corporations to fill up
the backlog posts of visually impaired persons by
31.12.2020. It is contended that the Department of Social
Justice & Empowerment has issued instructions to all the
.
Departments/Boards/Corporations and in this connection
issued letters dated 14.10.2019, 29.10.2019 and
13.01.2020 to fill up all the backlog posts for persons with
disabilities immediately and further asked the
departments to initiate the process vide letters No. 4-
1/2019(42)SOM-Wel-Backlog dated 28.01.2020 and
18.02.2020, as per the schedule fixed by the Department of
Personnel. However, due to the spread of Covid-19
pandemic the process could not be completed. As per the
decision taken in the meeting dated 31.11.2019, special
campaign to fill up the remaining backlog and other routine
posts has been initiated. A meeting of Special Selection
Committee has been convened of the Departments of
Higher Education, State Audit, Industries, Technical
Education, Secretariat Administration, HPSEB Ltd. and HP
Power Corporation and the process to fill up 7 posts so
identified is under way. It is contended that the
Department of Social Justice & Empowerment is regularly
monitoring the progress in the matter and has issued
instructions to all the departments to immediately complete
the process of filling-up of the backlog posts of visually
.
impaired persons vide letters dated 26.5.2020, 17.07.2020
and 06.08.2020.
3. In view of the reply filed by the
respondents/State, for the time being, we are satisfied with
the efforts that are being made by the respondents to fill up
the posts meant for persons with disabilities, including
visually impaired persons.
4. We, therefore, dispose of this writ petition with a
direction to the respondents/State to continue to undertake
the said drive for filling up the vacant posts reserved for
persons with disabilities, including visually impaired
persons. It would be open for the petitioner to file a fresh
petition, after a period of one year, if so advised or required.
Pending miscellaneous application(s), if any,
shall also stand disposed of.
(Mohammad Rafiq),
Chief Justice.
(Sabina)
Judge.
November 24 , 2021 (PK)
