HC asks Rlys to fill 4,100 posts for physically challenged

HC pulls up the biggest PSU employer over the delay in filing up the posts.

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The Delhi High Court has asked Indian Railways to fill 4,100 vacant posts,meant for physically challenged persons,within six months saying the right to recruitment should not be “only on papers” but needed to be translated into reality.

Pulling up the biggest PSU employer over the delay in filing up the posts,a bench headed by Acting Chief Justice A K Sikri made clear that it will not extend further the time for completion of the task.

“The respondent (Railways) shall fill up the backlog of reserved posts of physically challenged persons… The revised schedule shall be fixed with two weeks fixing time limit within six months within which all the vacancies in Group A,C and D shall be filled up.

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“There has to be strict compliance of the direction in a time bound manner and no laxity or indiscrimination shall be tolerated in this behalf. We make it clear that since Railway have already delayed the process,the time schedule should be strictly adhered to and no further extension shall be granted,” the bench,also comprising Justice R S Endlaw,said.

The court,which also imposed a cost of Rs 25,000 on Railways,said the mindset of authorities needs to be changed and they should realise that persons with disabilities are to be given appropriate employment opportunities.

The problem of the persons suffering from disability is no more a medical issue but an issue of ‘Human Rights’. Such persons do not want to be a burden on the society. They do not want sympathy but equal opportunities to grow,” it said.

The verdict came on the plea of All India Confederation of Blind,filed in 2005,seeking action against the Railways which had not been honouring the Disabilities Act providing three per cent reservation to physically challenged persons since 1996.

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Non-filling up of posts since 1996 led to piling up of the vacancies,the petition had said.

Allowing the submissions of the rights group,the court,in its 18-page judgement,said,”Employment rights of persons suffering from disability have to be examined in the aforesaid perspective. When Disability Act confers special and preferential rights to persons with disability in government employment providing three per cent reservation of vacancies for them,it has to be taken to its logical conclusion.

“This right should not be only on papers,but has to be translated into reality. In the present case,when the competent authority has itself undertaken the necessary exercise and found that persons suffering from a particular kind of disability are competent to these jobs,then there remains no justification with respondents to deny these benefits.”

The court pulled up the Railways Ministry for adopting an “unreasonable” stand and directed it to fill such posts in accordance with the Persons with Disabilities (Equal Opportunities,Protection of Rights and Full Participation) Act,1995.