Kerala High Court upholds 4% disability quota reservation in promotions in state jobs

“Government order dated October 26, 2023, relied upon by the petitioners in the original petition, was already set aside by this court as per the judgment in Shoyab, which attained finality by the dismissal. Therefore, we find no ground to interfere with the impugned order of the tribunal dated August 2, 2022,” the court said on August 3.

The court noted that, from the pleadings in the original petition and the submissions made across the Bar, it is evident that the petitioners’ actual grievance is against the interim order of the tribunal passed in the contempt petition.

Disabled employee sought promotion under quota

A disabled employee with a 40 per cent benchmark disability is working as a senior clerk at the Police Telecommunication Headquarters in Thiruvananthapuram. He approached the Kerala Administrative Tribunal (KAT), alleging that the State had failed to consider him for promotion under the 4 per cent reservation for persons with disabilities.

Justices Anil K Narendran and Muralee Krishna heard the matter on August 3.

His claim was based on Supreme Court rulings, including Siddaraju v State of Karnataka and State of Kerala v Leesamma Joseph, which held that persons with disabilities are entitled to reservation in promotions. The Supreme Court had also directed Kerala to identify posts for such reservation.

In August 2022, the KAT directed the authorities to comply with the State government’s 2022 order providing reservation in promotions and consider the respondent’s claim. When he alleged non-compliance, he initiated contempt proceedings. The State then approached the high court challenging the tribunal’s orders.

Appearing for the State, advocate Maria Francis argued that it had already complied with the KAT’s 2022 direction by issuing an order dated June 7, 2023. Therefore, there was no basis for continuing the contempt proceedings.

It further contended that if the respondent was dissatisfied with that order, he should challenge it through appropriate proceedings rather than seek further directions in contempt jurisdiction.

Man free to pursue contempt plea: Order

The court observed that the State’s real grievance was against the KAT’s August 29, 2024 interim order passed in the contempt proceedings, rather than the tribunal’s original August 2, 2022 order.

The court noted that the government’s reliance on its October 26, 2023 order could not assist it because that order had already been set aside by the high court in Shoyab K A v State of Kerala, and the decision had attained finality after the Supreme Court dismissed the State’s challenge.

At the same time, the court held that the KAT had exceeded its contempt jurisdiction by issuing positive directions requiring the authorities to take further action. The court clarified that while dealing with a contempt petition, the Tribunal could not issue such directions.

Accordingly, the court confirmed the KAT’s 2022 order directing consideration of the man’s promotion claim, but set aside the 2024 interim order in the contempt proceedings. It also clarified that the man was free to pursue the pending contempt petition and that the tribunal should deal with it in accordance with law.