The Supreme Court on Monday passed an order directing for the appointment of a 100% visually impaired candidate, who cleared the Civil Services Examination (CSE) in 2009.
The top court slammed the Centre for not promptly implementing the provisions of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and not filling up backlog of vacancies.
A bench of Justices Abhay S Oka and Pankaj Mithal asked the Centre to appoint 11 candidates of Visually Impaired-VI category, who appeared in 2008 CSE within 3 months. The apex court however clarified that this is a one-time measure in the exercise of the top court powers under Article 142 of the Constitution of India, and the same shall not be treated as a precedent.
The court observed if the PWD Act was implemented in its true letter and spirit, the visually impaired candidate would not have been forced to run from pillar to post to get justice. The top court asked Centre to ensure the provisions of the PWD Act are implemented.
Pankaj Kumar Srivastava, a 100% visually impaired candidate, appeared in the Civil Services Examination conducted in 2008. He gave four preferences for services including 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)).
However, Srivastava was denied an appointment after appearing for interview.
The Central Administrative Tribunal (CAT) after hearing his appeal in 2010 directed the Union Public Service Commission (UPSC) and the Department of Personnel and Training (DoPT) to calculate the backlog vacancies in accordance with the PWD Act, 1995 within six months.
CAT also asked UPSC to inform Srivastava if a service could be allocated to him. Following which, the UPSC informed him that his name did not figure in the merit list of 2008 within the number of available vacancies for the PH-2 (Visually Impaired-VI) category.
Srivastava then filed another appeal before the CAT which directed the UPSC to accomodate candidates selected on their own merit in the unreserved/general category.
UPSC informed Srivastava in 2012 that he did not qualify for appointment in the PH-2 (VI) quota.
The Centre moved High Court against the CAT judgment, where its appeal was rejected. Then the Centre moved Supreme Court against High Court rejecting the appeal againt CAT order.
The top court directed that cases 11 candidates belonging to category VI including Srivastava shall be considered for appointment against the backlog vacancies of PWD candidates either in IRS (IT) or in other service within three months.
However the court clarified that the appointees will not be entitled to the arrears of salary and the benefit of seniority they had enjoyed if they were appointed in 2008. But, 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 appointed.