Supreme Court Weighs Fairness in Disability Posting for Telangana Government Jobs.
26 April 2024
Fundamental Rights of Citizen >> Civil & Consumer Law
The Supreme Court of India has taken up a case concerning preferential posting for government employees with disabilities in the state of Telangana. The case highlights the complexities of ensuring a fair system when disability benchmarks have changed over time.
The Issue:
The case involves a challenge to a notification issued by the Telangana government. This notification sets a 70% disability benchmark for employees who can receive preferential posting within the state. The Commissioner & Director of School Education, acting as the petitioner, argues that this higher benchmark is necessary.
The argument stems from the previous Persons with Disabilities Act (1995) which had a lower benchmark of 40% disability for receiving preferential posting. Many employees with disabilities were appointed under this earlier act.
The petitioner suggests that without the current 70% benchmark, those appointed under the 1995 Act would have an unfair advantage. This could leave other employees with potentially greater needs without any consideration for preferential posting based on disability.
Conclusion:
The Supreme Court has issued a notice to the opposing party (Chinta Nataraj & Others) requiring a response within four weeks. The court has also placed a stay on the previously challenged order, which likely did not consider the higher 70% benchmark.
This case underscores the ongoing efforts to create a more inclusive work environment for employees with disabilities. The final judgment from the Supreme Court will determine how Telangana implements preferential posting based on disability levels in the future.