In Brief
The Supreme Court upheld the Kerala High Court's decision granting reservation benefits in promotion to a woman with 55% physical disability (Post Polio Residual Paralysis) who had been appointed to the Police Department on compassionate grounds after her brother's death. The Court held that the Persons with Disabilities Act, 1995, mandates reservation in promotions by reading Sections 32, 33, and 47 together. The mode of initial appointment—whether through PwD quota, compassionate grounds, or normal recruitment—is immaterial; what matters is the employee's disability status at the time of promotion consideration. The Court directed the State to identify posts suitable for PwD in promotional cadres within three months and implement reservation in all promotions without using post-identification as an excuse to frustrate the legislative mandate.
The lawyer headnote and full judgment text are available to registered users.