State of Kerala v. Leesamma Joseph - Synopsis
Ahir Mitra 30 Jul 2021

State of Kerala v. Leesamma Joseph.

The SC held that person with physical disabilities has the right to reservation in promotions. Leesamma Joseph had been appointed to the state services as a typewriter in 1996 as a compassionate appointment following the loss of her brother while serving in the military. Joseph had Post-Polio Residual Paralysis (L) Lower Limb at the time of her enlistment and her permanent impairment was estimated to be 55%. She was employed in the general category rather than as a handicapped under the existing Persons with Disabilities Act 1995 because it was a compassionate appointment.

The High Court stated that as to whether people with physical disabilities might be given promotion reservations. In this respect, the judgment of Rajeev Kumar Gupta and Others vs. Union of India and Ors[1]. was noted, which said that reservation would apply even to promotions. The High Court set aside the Tribunal order and granted relief to the respondent under section 32 and 33 of Persons with Disabilities Act 1995. The SC stated that 1995 act makes no distinction between a person who entered the service, who is physically disabled, and a person who developed a disability after entering the service. The SC also stated that the High Court judgment is salutary and doesn’t require any interference.



[1] (2016) 13 SCC 153.

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