VidhiSangh

Supreme Court of India · 28/06/2021

THE STATE OF KERALA & ORS. versus LEESAMMA JOSEPH

[2021] 3 S.C.R. 576 · 2021 INSC 309

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Summary

Kerala disputed disability reservation in promotion for an employee initially appointed on compassionate grounds. Applying the 1995 Disabilities Act, the Supreme Court held that the mode of entry did not disqualify an otherwise eligible employee who had the requisite disability when considered for promotion. Statutory promotion reservation could not be defeated by absent reservation rules or delayed identification of posts, though ordinary promotional avenues and suitable identified posts remained necessary. The State's appeal was dismissed and implementation of the governing precedents directed within three months.

Issues

  1. Whether the 1995 Act required disability reservation in promotions despite absent reservation rules.
  2. Whether compassionate appointment rather than entry through the disability quota defeated eligibility.

Provisions considered

Held

Result

State appeal dismissed; respondent's relief preserved and Kerala directed to implement disability reservation in promotions after identifying posts within three months.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 576.