In Brief
A woman with 55% disability from post-polio paralysis was appointed to the police department on compassionate grounds after her brother's death in service. She sought promotion with reservation benefits under the Persons with Disabilities Act, 1995, claiming she deserved earlier promotions if disability reservation had been applied. The tribunal rejected her claim, holding that the Act did not mandate reservation in promotions. The Kerala High Court allowed her appeal, citing Supreme Court precedent. The Supreme Court upheld the High Court, holding that the 1995 Act mandates reservation in promotions through Sections 32, 33, and 47 read together. The Court ruled that a person with disability cannot be denied promotion benefits based on the mode of initial employment, and directed the State to implement reservation in promotion across all identified posts within three months.
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