Uttarakhand High Court
Implementation Of The Persons With vs Union Of India And Others on 30 September, 2024
2024:UHC:7235-DB
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE MR. JUSTICE PANKAJ PUROHIT
WRIT PETITION (PIL) NO. 86 OF 2018
30th SEPTEMBER, 2024
In Re: In the matter of proper
Implementation of the persons with
Disabilities Act, 2016 ...... Petitioner
Versus
Union of India and others ...... Respondents
Counsel for the petitioner : Mr. B.D. Upadhyaya, learned Senior
Counsel (Amicus Curiae)
Counsel for the respondents : Mr. V.K. Kaparuwan, learned
Standing Counsel for the Union of
India / respondent No. 1
: Mr. Mohinder Singh Bisht, learned
Brief Holder for the State /
respondent Nos. 2 and 3
The Court made the following:
JUDGMENT:
(per Hon'ble The Chief Justice Ms. Ritu Bahri)
Vide order dated 01.04.2024, the Court had
examined the affidavit filed by Joint Secretary, Social
Welfare Department, Uttarakhand, in which they have
placed on record letters dated 23.02.2018 and 02.05.2018
2024:UHC:7235-DB
(Annexure Nos. 8 and 9, respectively to the writ petition),
whereby the State Government has constituted the Rajya
Devyangjan Salahkaar Board. They also placed on record
Office Letter dated 25.09.2017 (Anneuxre-10) which
related to the constitution of funds for Persons with
Disability, and letter dated 18.05.2018 (Annexure-11),
whereby directions were issued to all the District
Magistrates of the State of Uttarakhand to select the
members and provide details to the Directorate so that
complete information can be send to the Government in
this regard. The State was to file an affidavit stating
therein as to what steps they have taken pursuant to
letters Annexure Nos. 8, 9, 10 and 11).
2) Pursuant to that order, an affidavit dated
25.09.2024 has been filed on behalf of respondent No. 3
by Mr. Prakash Chandra, Director, Social Welfare,
Haldwani, Nainital.
3) In paragraph Nos. 4 and 5 of above said
affidavit, it has been stated that pursuant to Annexure
Nos. 8, 9 & 11 and letters dated 23.02.2018, 02.05.2018
and 11.05.2018, for nomination of members constituting
the Divyangjan Salahkaar Board after receiving the
2024:UHC:7235-DB
proposal from the District Magistrates, the Uttarakhand
Government Social Welfare, Section 3, vide its Office
Memorandum No. 36 dated 21.04.2023 has nominated
members for the State Salahkaar Board. Copy of the
Office Memorandum dated 21.04.2023 is annexed as
Annexure-1 to this affidavit.
4) They have further placed on record copy of
letter No. 1462 dated 29.08.2024 (Annexure-2 to this
affidavit) whereby under the Right of Persons with
Disability Act, 2016, a "Uttarakhand Disability Fund" has
been constituted for its implementation in the Axis Bank,
Dehradun, having Account No. 922010055366261 (IFSC :
UTIB0001270), and the Draft Rules have been forwarded
for implementation of the Uttarakhand of Uttarakhand
Disability Fund to the State Government for further action,
on 29.08.2024.
5) Since all the steps have been taken for
constituting the Board, i.e. opening a bank account for
Uttarakhand disability fund, and Draft Rules have been
sent for approval, no further directions are required to be
issued in this Public Interest Litigation.
2024:UHC:7235-DB
6) Therefore, the present Writ Petition (PIL) is
being disposed of by giving a direction to the respondents
to take a final decision on the Draft Rules for
implementation of the Uttarakhand Disability Fund, within
a period of four weeks from the date of production of
certified copy of this order, and inform this Court,
accordingly.
_______________
RITU BAHRI, C.J.
_______________
PANKAJ PUROHIT, J.
Dt: 30th SEPTEMBER, 2024
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Date: 2024.10.03 11:17:17
+05'30'
