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judgement about backlock vacancy 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS


 

DATED :   10.02.2014

 

Coram

 

THE HONOURABLE MR. JUSTICE S.MANIKUMAR

 

W.P.No.15777, 15550 and 15776 of 2004

 

P.KAMALA CHANDRA BAI                                                                      .. Petitioner 

Versus

 

R-1 SECRETARY TO GOVERNMENT,  EDUCATION DEPARTMENT, FORT ST.GEORGE, CHENNAI.9.

 

R-2 DIRECTOR OF SCHOOL EDUCATION,  CHENNAI.6.

 

R-3 DIRECTOR OF REHABILITATION AND  DISABLED, CHENNAI.

 

R-4 CORRESPONDENT, C.S.I. HIGH  SCHOOL FOR THE DEAF, KOTTARAM, KANYAKUMARI DISTRICT

                                                                                                            .. Respondents 

 

            For Petitioner  :           T.K.S.GANDHI

 

            For Respondents         :           AGP (EDN) FOR RR1 TO 3   

                                                M/S.K.VIJAYAKUMAR FOR R4   

                                                 M/S. P. MAHALAKSHMI

 

W.P.No.15777, 15550 and 15776 of 2004

S. MANIKUMAR, J.

            On 19.12.2013, taking note of the specific time limit, fixed by the Apex Court in Civil Appeal No.9096 of 2013, dated 08.10.2013 [Union of India v. National Federation of the Blind and Ors.] and materials available on record, this Court has passed the following orders,

            "Earlier, directions have been issued by this Court on 27.04.2012, to the official respondents to identify 'A' and 'B' posts in Government Departments, Boards, Public Sector Undertakings, Corporations, Companies, owned and controlled by the Government, Educational Institutions, etc.  Subsequently, the Government have issued orders  in G.O.Ms.No.05, Welfare of Differently Abled Persons (DAP 2.1) Department,  dated 29.01.2013, directing the abovesaid establishments, to identify the posts and to implement 3% reservations.

            2.         Thereafter, the Government have issued notifications in G.O.Ms.No.25, Welfare of Differently Abled Persons (DAP 2.1), 14.03.2013, identifying 170 posts, for the disabled in 'A' and 'B' categories, under the purview of Tamil Nadu Public Service Commission.   Identification of 170 posts in categories 'A' and 'B' is an addition to 117 posts in 'A' and 'B' categories, already identified in G.O.Ms.No.53, Social Welfare and Nutritious Meal Programme (SW.4) Department, dated 11.04.2005.

            3.         It could be seen from G.O.Ms.No.05, Welfare of Differently Abled Persons (DAP 2.1) Department,  dated 29.01.2013, the Secretaries of the respective departments have been directed to constitute a Committee to review the details of employment given to the differently abled persons, once in six months.  However, no details have been furnished, as to whether, the Secretaries to the Government or the  Heads of Departments have implemented the instructions given by the Government in G.O.Ms.No.05, Welfare of Differently Abled Persons (DAP 2.1) Department,  dated 29.01.2013, insofar as 'A' and 'B' categories.

            4.         Inviting the attention to the Gazette Notification issued by the Central Government in their Official Website in www.socialjustice.nic.in, by which, the Social Justice and Empowerment Department, Central Government Gazettee No.167, dated 29.07.2013, has identified 900 posts in Category 'A', 312 posts in Category 'B', 1152 posts in Category 'C' and 249 posts in Category 'D', in Government Departments, Government Undertakings and Universities, proceedings have been issued in Rc.No.2033/DAP 3.1/2013-2, dated 21.10.2013, by the Principal Secretary to the Government, Commissioner for Differently Disabled to the Secretaries to the Government, Commissioner for TNPSC,  and others, to identify and create new posts.  It is not known, as to whether, the said exercise has been completed.

            5.         Though repeatedly, this Court has issued orders to identify the posts in 'A', 'B', 'C' and 'D' categories and consequently, to fill up the posts, as expeditiously as possible, the process is on and on and from the materials produced before this Court, out of 34 Secretarial heads, 140 Heads of Departments, 102 Government Undertakings, including Universities and 54 Companies, owned and controlled by the Government, only 70 Heads of Departments have furnished the details of 'A', 'B', 'C' and 'D' categories.  So far, 50 out of 102  Government Undertakings, Boards, etc., have furnished the details.  No clear details have been furnished, about the 54 companies, owned and controlled by the Government.

            6.         It is represented that following Government Undertakings, Boards and Universities have not furnished the details sofar,

(i)TN Forest Plantation Corporation

(ii)Tamil Nadu Tea Plantation Corporation

(iii)Tamil Nadu Medicinal Plant Farms and Herbal Medicine Corporation

(iv)Arasu Rubber Corporation

(v)Tamil Nadu Construction Corporation

(vi)Tamil Nadu Police Housing Corporation

(vii)Tamil Nadu Road Infrastructure Development Corporation

(viii)Tamil Nadu Power Financial and Infrastructure Development Corporation

(ix)Tamil Nadu Urban Financial and Infrastructure Development Corporation

(x)Tamil Nadu Transport Development Finance Corporation

(xi)Tamil Nadu Small Industries Development Corporation

(xii)Tamil Nadu Textiles Corporation (TNTC)

(xiii)Tamil Nadu Handloom Development Corporation

(xiv)Tamil Nadu Tourism Development Corporation

(xv)Tamil Nadu Fisheries Development Corporation

(xvi)Tamil Nadu Backward Classes Economic Development Corporation

(xvii)Tamil Nadu Corporation for Development of Women

(xviii)Tamil Nadu Minorities Economic Development Corporation

(xix)Tamil Nadu Small Industries Corporation

(xx)Electronic Corporation of Tamil Nadu

(xxi)Tamil Nadu Zari Ltd.,

(xxii)Tamil Nadu Minerals Ltd.,

(xxiii)Overseas Manpower Corporation

(xxiv)Pallavan Transport Consultancy Services Ltd.,

(xxv)Tamil Nadu Ex-Servicemen's Corporation

(xxvi)Tamil Nadu Medical Services Corporation

(xxvii)Tamil Nadu Civil Supplies Corporation

(xxviii)Tamil Nadu State Marketing Corporation

(xxix)Tamil Nadu Transport Corporation Passenger Group

(xxx)Tamil Nadu Housing Board

(xxxi)Tamil Nadu Water Supply and Drainage Board

(xxxii)Tamil Nadu Khadi and Village Industries Board

           

            7.         Though the Government have issued G.O.Ms.No.05, Welfare of Differently Abled Persons (DAP 2.1) Department,  dated 29.01.2013, stating that backlog vacancies, representing 3%, in Categories 'A', 'B', 'C' and 'D' from 2002 onwards, would be filled up and further issued G.O.Ms.No.25, Welfare of Differently Abled Persons (DAP 2.1), 14.03.2013, sofar no posts have been filled up.  When the matter came up for hearing, about a month back, on behalf of the Commissioner for differently Abled, Chennai, the Joint Director of the Department, appeared in person and submitted that they have sought for clarifications from the Commissioner, P & AR Department, for necessary amendments in General Rules, in Part-II, Tamil Nadu State and Subordinate Service Rules, for implementation. Hence, this Court was constrained to direct the Secretary, P & AR Department, to appear before this Court, as to why, the matter was withheld, despite the request from the Commissioner for Differently Abled, Chennai.  The Secretary, P & AR Department, appeared before this Court and submitted that rules have been amended, as early as on 19.06.2009, in G.O.Ms.No.76, Personnel and Administrative Reforms (S) Department, dated 19.06.2009 and that no further clarification is required.  However, certain difficulties were expressed by the Commissioner for Differently Abled, in implementation of the same.

            8.         Follow-up action by the Departments, to implement 3% reservation for differently abled persons, by taking steps to fill up the post, is still pending, due to the delay in computation of posts in 'A', 'B', 'C' and 'D' Categories for the disabled in the 34 Secretarial heads, 140 Heads of Departments, 102 Government Undertakings, including Universities and 54 Companies, owned and controlled by the Government, etc.  From the random verification of the details, furnished to this Court, it could be seen that though the Tamil Nadu Electricity Board has mentioned that there are 1520 posts in 'B' Category, but shockingly, they have not given the number of available posts in Category 'A'. 

            9.         The details furnished before this Court do not disclose the exact number of posts available in 54 Companies, owned and controlled by the Government.  As per the figures furnished before this Court, only 2 posts in 'A' category are shown as available in the Directorate of Matriculation Schools.  There are many Matriculation Schools in Chennai.  There are innumerable Aided Institutions, Schools and Colleges in the State of Tamil Nadu, which are bound to follow the rule of reservation, which includes 3% reservation for disabled.

            10.       There are certain disputed issues, where minorities claim that they would not follow the rule of communal rule of reservation, but there are many aided institutions, which are not minority.  The posts of B.T. Assistant carries a Grade Pay of Rs.5,500/-.  Certainly, the posts of Grade Pay of B.T. Head Master, should be more.  From the particulars submitted to this Court, there are 29,349 sanctioned posts in Aided Schools.  83 posts are stated to have been filled up in 'B' Category.  No 'A' Category post has been identified in Aided Schools.  The post of Head Master in Higher Secondary School, whether, it is Government, managed by the Local Body, Aided, etc., would certainly carry a Grade Pay Scale of Pay, equivalent to the Category 'A' posts, in either Government or Government Undertakings, Boards and Companies, owned and controlled by the Government.  There may be other posts in private aided educational institutions with a grade pay equivalent to 'A' category.

            11.       Every year, either the District Educational Officer or the Chief Educational Officer of the District, in whose jurisdiction, Aided School is situated, fixes the Staff Strength, for the school, whether it is Aided or Unaided. Likewise, in private aided colleges, the Regional Joint Directors would fix the staff strength.  When the Directorate of School Education, Chennai, has furnished a list, setting out the details of number of posts, in Categories 'A' 'B', 'C' and 'D', as 1,48,139 (Category 'A' # 105; Category 'B' # 1,05,636; Category 'C' # 30,221; and Category 'D' # 12,177), it is not known, as to how, the number of persons in 'A' Category for Differently Abled, is conspicuously omitted by the Directorate of School Education, Chennai. No details have been furnished, insofar as Aided Arts and Science Colleges.  These institutions are also bound to follow 3% rule of reservation, as per the decision of this Court.

            12.       Though repeated orders have been passed by this Court and instructions have been issued by the Chief Secretary to the Government, to the Heads of the Secretarial Departments, Heads of Government Departments, Government Undertakings, Boards, Corporations, Universities, Companies, owned and controlled by the Government, etc., periodically, more than ten months have passed from the date of issuance of G.O.Ms.No.05, Welfare of Differently Abled Persons (DAP 2.1) Department,  dated 29.01.2013 and only 50% of the Departments have responded to the same. Details furnished by the Principal Secretary to the Government, Differently Abled Department shows that a High Level Monitoring Committee has been constituted and periodically, meetings have been conducted.  As per the statement of the Department of Differently Abled, sofar 8904 posts have been identified as backlog vacancies.

            13.       Non-furnishing of the complete details, lack of response from the Heads of the Departments, defective particulars, only reflect, strictly implementation of 3% reservation is delayed. In none of the communications, addressed to the Secretarial Departments, Government Departments, Government Undertakings, Boards, Corporations, Universities, Companies, owned and controlled by the Government, Educational Institutions, etc., there is any indication that if the authorities do not furnish the details or furnish any incorrect details, within a specified time, action would be taken against them.  At this juncture, this Court is bound to take note of the judgment of the Apex Court in Civil Appeal No.9096 of 2013, dated 08.10.2013 [Union of India v. National Federation of the Blind and Ors.], wherein, directions have been issued, as follows:

            "(i) We hereby direct the appellant herein to issue an appropriate order modifying the OM dated 29.12.2005 and the subsequent OMs consistent with this Court#s Order within three months from the date of passing of this judgment.

            (ii) We hereby direct the #appropriate Government# to compute the number of vacancies available in all the #establishments# and further identify the posts for disabled persons within a period of three months from today and implement the same without default.

            (iii) The appellant herein shall issue instructions to all the departments/public sector undertakings/Government companies declaring that the non observance of the scheme of reservation for persons with disabilities should be considered as an act of nonobedience and Nodal Officer in department/public sector undertakings/Government companies, responsible for the proper strict implementation of reservation for person with disabilities, be departmentally proceeded against for the default."

In the result, as and when, the present writ petitions are listed for further hearing, details submitted periodically, have to be verified and issued further orders.

            14.       At one stage, the Court was constrained to summon the Secretary to the Government, Social Welfare Department; Secretary to the Government, P & AR Department, Secretary to the Government, Law Department, for effective co-ordination and strict implementation of 3% reservation.  Inasmuch as the details furnished, do not reflect that all the Heads of Government Department, Undertakings, Boards, Corporations, Universities, Companies, owned and controlled by the Government, Educational Institutions, etc., have responded fully, in the light of the directions of the Apex Court, it is imperative on the part of the Chief Secretary to the Government, being the head of the Monitoring Committee, to issue specific instructions to the Heads of Government Department, Undertakings, Boards, Corporations, Universities, Companies, owned and controlled by the Government, Educational Institutions, etc., to submit full and correct particulars of the posts in 'A', 'B', 'C' and 'D' categories, as per the Government Orders, stated supra and also take into account, Rc.No.2033/DAP 3.1/2013-2, dated 21.10.2013 and to fix a specific date for submission of details and indicate that in the event of failure on the part of the abovesaid authorities, necessary action would be taken against those, who do not comply with the directions of this Court and Apex Court. 

            15.       Unless and until, a specific date is fixed by the Chief Secretary to the Government, Head of the Monitoring Committee and action is taken for default, there will not be any end to this process of   identification, assessment of the figure, computation and implementation of 3% rule of reservation for the disabled.  It is almost a year, since G.O.Ms.No.05, Welfare of Differently Abled Persons (DAP 2.1) Department,  dated 29.01.2013, has been issued.  Even after nearly one year, the Government have not finalised the identification of the posts, with reference to the total number of posts, the number of vacancies to be filled in 'A', 'B', 'C' and 'D' categories in Government Departments, Undertakings, Boards, Corporations, Universities, Companies, owned and controlled by the Government, Aided Educational Institutions, etc.

            16.       In the abovesaid circumstances, a direction is issued to the Chief Secretary to the Government of Tamil Nadu, Head of the Monitoring Committee for Differently Abled, to fix a specific date to the Secretariat Heads, Heads of Government Departments, Undertakings, Boards, Universities, Corporations, Companies, owned and controlled by the Government, Educational Institutions, etc., to submit all the particulars, stated supra and that the abovesaid authorities may be directed to submit a specific declaration about the vacancy position before the date fixed.  A clear and final date shall be fixed, with reference to the judgment of the Apex Court in Civil Appeal No.9096 of 2013, dated 08.10.2013 [Union of India v. National Federation of the Blind and Ors.], i.e., before 08.01.2014.  Registry is directed to send a copy of this order to the respondents and Chief Secretary to the Government of Tamil Nadu, Chennai.

            Post on 10.01.2013."

 

            2.         Registry was directed to issue a copy of the order, dated 19.12.2013, to the Chief Secretary to the Government, State of Tamil Nadu, Head of the Monitering Committee, Chennai-9, for action.  On 10.01.2014, this Court has passed the following orders:

            "On instructions, Mr.K.V.Dhanapalan, learned Additional Government Pleader submitted that as on today, 10,260 backlog vacancies have been identified in various Government Departments, etc.  But the requisite number of vacancies in the Education Department and other Departments, are yet to be finalised.

            On the basis of the letter, dated 08.01.2014, of the Secretary, Welfare of Differently Abled Persons (DAP3) Department, Secretariat, Chennai-9, learned Additional Government Pleader further submitted that a circulation note to the Hon'ble Chief Minister has to be prepared for the identified posts, which will be recruited through Employment Exchange, Tamil Nadu Public Service Commission and Teachers Recruitment Board and Medical Recruitment Board, as Special Drive and hence, sought for adjournment.

            Post on 28.01.2014."

            3.         On 28.01.2014, the matter was adjourned to 03.02.2014, on which date,  Mr.Sivakumar, Under Secretary, Welfare of Differently Abled Department, present in the Court, submitted that the backlog vacancies identified for differently abled would be filled up by the Departments concerned.  He further submitted that the averments made in Paragraph 5 of the counter affidavit, dated 03.02.2014, that the backlog vacancies would be filled up by the department concerned, while making normal recruitment process, means only Special Recruitment Drive, but the process would be the same.  He further added that the vacancies identified would not be mixed up, with normal recruitment of others.  His submission has been placed on record.  On instructions, learned Additional Government Pleader submitted that appropriate notification in this regard would be issued, within few days and considering the same, this Court directed the Registry to post the matter on 10.02.2014.

 

            4.         Today, when the matter came up for hearing, Mr.S.T.S.Murthi, learned Government Pleader, filed an affidavit of Dr.K.Manivasan, State Commissioner for the Differently Abled, Chennai. At paragraph 4 of the affidavit, dated 10.02.2014, the Commissioner has submitted that most of the Departments have given the details of the vacancies, in various categories of posts and while scrutinizing the same, it was found that the exercise has to be re-worked, considering Tamil Nadu Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2002 and hence, the same has to be re-assessed based on the backlog, arisen from each post, category-wise, exemption department-post wise, etc.  At the end of the affidavit, he has sought for time for complying with the interim order of this Court, dated 19.12.2013 and the orders of the Supreme Court in Civil Appeal No.9096 of 2013, dated 08.10.2013 [Union of India v. National Federation of the Blind and Ors.].

 

            5.         The details of identification of the posts, by the Secretaries to the Government, Heads of the Departments, under the Chairmanship of the Chief Secretary, Head of the Monitoring Committee for Differently Abled, have already been extracted in the foregoing paragraphs.

 

            6.         On 10.01.2014, on instructions from the Department, it was recorded that 10,260 backlog vacancies have been identified in the Government Departments, etc. But the requisite number of vacancies in the Education and other Departments, were to be finalised.  In the letter, in No.17401/DAP3/2013, dated 08.01.2014, addressed to the  learned Government Pleader, by Mr.P.Sivasankaran, Secretary to Government, Welfare of Differently Abled Persons (DAP 3) Department, Secretariat, Chennai-9, has sought for time.  The said letter reads as follows:

            "I am directed to invite your attention to the references cited. 

            2. As per the interim direction of Hon'ble High Court, dated 19.12.2013, Government have taken effective steps for identification of 3% reservation for Differently Abled Persons.  In respose to this Department request, all the Departments have submitted their vacancy position as per the 3% reservation.  Now separate notes were sent to all the Principal Secretaries/Secretaries of Secretariat Heads for confirming their identified backlog vacancies of Differently Abled Persons.  After getting their confirmation, we are preparing a circulation note up to Hon'ble Chief Minister for the identified posts which will be recruited through Employment Exchange, Tamil Nadu Public Service Commission and Teachers Recruitment Board and Medical Recruitment Board, as special drive.

            3. In the above circumstances, I am to request you to move the Hon'ble Court, for getting adjournment of one month time."

 

            7.         Recording the above letter, time was granted on 10.01.2014.   The writ petition was directed to be listed on 28.01.2014.  When the Secretary to the Government, Welfare of Differently Abled Persons (DAP 3) Department, Secretariat, Chennai-9, has sought time, by one month, to get appropriate orders, for filling up the vacancies, through Employment Exchange, Tamil Nadu Public Service Commission and Teachers Recruitment Board and Medical Recruitment Board, by special recruitment drive, quite contrary to the above, the State Commissioner for the Differently Abled, Chennai, has now sworn to an affidavit, dated 10.02.2014, that the details  furnished by the Departments, have to be re-worked, considering the Tamil Nadu Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2002.  According to the State Commissioner, the same has to be re-assessed based on the backlog, arisen from each category-wise, exemption Department-post wise, etc.

 

            8.         This particular statement of the State Commissioner for the Differently Abled, Chennai, is quite contrary to the letter of the Secretary to Government, Welfare of Differently Abled Persons (DAP 3) Department, Secretariat, Chennai-9, dated 08.01.2014, wherein, the Secretary to the Government, Differently Abled, has stated as follows:

            "Now separate notes were sent to all the Principal Secretaries/Secretaries of Secretariat Heads for confirming their identified backlog vacancies of Differently Abled Persons.  After getting their confirmation, we are preparing a circulation note up to Hon'ble Chief Minister for the identified posts which will be recruited through Employment Exchange, Tamil Nadu Public Service Commission and Teachers Recruitment Board and Medical Recruitment Board, as special drive."

 

              9.       The exercise to identify 'A' and 'B' posts in Government Departments, Boards, Public Sector Undertakings, Corporations, Companies, owned and controlled by the Government, Educational Institutions, etc., has taken almost a year, since from 27.04.2012.  Even on 19.12.2013, at Paragraph 16 of the order, this Court has recorded that only 50% of the Departments have furnished the details.

            10.       The Chief Secretary to the Government, Head of the Monitoring Committee; the Secretary, Welfare of Differently Abled Persons (DAP3) Department, Secretariat, Chennai-9, Head of the Department; and the State Commissioner for the Differently Abled, Chennai, are duty bound to scrutinise the details furnished by each department and Government undertakings, etc.  Nearly 10 months have passed, since the date of passing of the order in the writ petitions, giving directions to fill up the vacancies earmarked for the differently abled persons. 

 

            11.       Now, after making a categorical statement before this Court on 10.01.2013, that a circulation note to the Hon'ble Chief Minister has to be prepared for the identified posts, to be filled up through Employment Exchange, Tamil Nadu Public Service Commission and Teachers Recruitment Board and Medical Recruitment Board, as Special Drive, the State Commissioner for the Differently Abled, Chennai, has filed an affidavit on 10.02.2014, stating that the entire process has to be re-worked, considering the Tamil Nadu Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2002. 

            12.       No reasons or details have been furnished in the affidavit, dated 10.02.2014, as to how, the vacancies identified and represented before this Court on 10.01.2014, is erroneous.  No details have been given by the State Commissioner for the Differently Abled, Chennai, as to how, the Government Departments, Undertakings, Boards, Corporations, Universities, Companies, owned and controlled by the Government, Aided Educational Institutions, etc., have not properly worked out the vacancy position.  The affidavit, dated 10.02.2014, is bereft of any details.

 

            13.       Time and again, adjournments have been sought for.  Today, Mr.S.T.S.Murthi, learned Government Pleader submitted that discussions have been held by the Head of the Monitoring Committee with the learned Advocate General, State of Tamil Nadu.  He further added that adequate steps have been taken by the Government in filling up the backlog vacancies, as assured to this Court. His submissions are contrary to the affidavit, dated 10.02.2014.

 

           

            14.       The Supreme Court in Civil Appeal No.9096 of 2013, dated 08.10.2013 [Union of India v. National Federation of the Blind and Ors.], has prescribed a definite time limit for implementation of the orders.  At the risk of repetitions, the directions of the Apex Court, are as follows:       

            "(i) We hereby direct the appellant herein to issue an appropriate order modifying the OM dated 29.12.2005 and the subsequent OMs consistent with this Court#s Order within three months from the date of passing of this judgment.

            (ii) We hereby direct the #appropriate Government# to compute the number of vacancies available in all the #establishments# and further identify the posts for disabled persons within a period of three months from today and implement the same without default.

            (iii) The appellant herein shall issue instructions to all the departments/public sector undertakings/Government companies declaring that the non observance of the scheme of reservation for persons with disabilities should be considered as an act of nonobedience and Nodal Officer in department/public sector undertakings/Government companies, responsible for the proper strict implementation of reservation for person with disabilities, be departmentally proceeded against for the default."

            15.       Before this Court, time and again, representations have been made that the Government would identify the posts, number of vacancies to be filled up, in 'A', 'B', 'C' and 'D' categories with differently abled persons.  On 03.02.2013, the State Commissioner for differently abled, Chennai, in his affidavit, has stated as follows:

            "2. It is humbly submitted that it is already informed to this Hon'ble Court about various steps taken by the State Government towards filling up of 3% reservation which includes Monitoring the process of filling vacancies by the Chief Secretary through Monitoring Committee, State Government's instructions to carry forward the vacancies earmarked for differently abled. It is also informed about the Government directions to all Government Agencies, Boards, Universities, etc., to reserve 3% vacancies for employing differently abled; Besdies this, orders were also issued for identifying 170 posts in group 'A' and 'B' categories in various Departments.  It was also already informed to this Hon'ble Court about the Hon'ble Chief Minister's initiation to conduct Special Teachers Eligibility Test for the benefit of differently abled persons, vide G.O.Ms.No.260, School Education Department, dated 17.12.2013 and sanction was accorded to the tune of Rs.2.01 Crores for conducting the above special training.

            3. It is humbly submitted that the State Government have taken steps to comply the directions of the Hon'ble Supreme Court made in Civil Appeal No.9096 of 2013, dated 08.10.2013, as well as this Hon'ble Court.

(i)Collection of information about the number of vacancies in all Departments, Boards, Universities, etc.

(ii)Computation of collected informations and assessment of vacancies department wise and category wise, such as A, B, C and D.

            4. It is humbly submitted that all the above processes were now completed and the Government is to finalise the number of vacancies group wise (A, B, C and D Categories) and agency wise such as Tamil Nadu Public Service Commission, Teachers Recruitment Board, Medical Recruitment Board, Director of Employment and Training, etc., for notification and recruitment subsequently.  The vacancies that arrived have to be filled by the respective departments.

            5. It is humbly submitted that under the above circumstances, it is ensured to this Hon'ble Court that during the above process of finalization of vacancies by the Government, the backlog vacancies as arrived at would be filled up by the Departments concerned, while making normal recruitment process and that necessary steps have been initiated to protect the interest of the disabled persons, as provided under the Act.  The Government has proposed to fill up the backlog vacancies by a phased manner."                    (emphasis supplied)

           

            16.       Now, within one week, from the date of filing of the said affidavit, dated 03.02.2013, the State Commissioner for the Differently Abled, Chennai, has filed an affidavit on 10.02.2014, virtually taking a different stand, altogether and submitted that the whole process has to be re-worked, considering the Tamil Nadu Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 2002 and whole thing has to be re-assessed, based on the backlogs, arisen from each category-wise, exemption Department-post wise, etc.

 

            17.       Virtually, the differently abled persons have been taken for a ride by submitting affidavits, one after another. Backlog vacancies, directed to filled up by the Hon'ble Supreme Court, has not been done, within the specific time.  On more than one occasions, the Hon'ble Apex Court, as well as this Court, have reminded the Heads of the Departments, to carry out the statutory functions, to ameliorate the grievances of the differently abled persons, in the matter of implementation of the statutory provisions. Backlog vacancies have to be filled up, as per the orders of the Hon'ble Supreme Court, as stated supra and this Court and more particularly, in terms of the letter, dated 08.01.2014.  The same has not been complied with, in letter and spirit.

 

            18.       For violation of the orders of the Supreme Court and this Court, stated supra, this Court is constrained to issue contempt notices to Tmt.Sheela Balakrishnan, I.A.S., Chief Secretary, State of Tamil Nadu, Head of the Monitoring Committee for Differently Abled,  Secretariat, Chennai 600 009; Mr.P.Sivasankaran, Secretary to Government, Welfare of Differently Abled Persons (DAP 3) Department, Secretariat, Chennai 600 009; and Dr.Manivasan, State Commissioner for the Differently Abled, K.K.Nagar, Chennai 600 078, to explain, as to why, further course of action should not be taken, under the Contempt of Courts Act.  Registry is directed to issue necessary statutory notices to the abovesaid persons.

 

            19.       Learned Advocate General, Government of Tamil Nadu, requested the Court to postpone the issuance of the statutory notice. 

 

Submission is taken note of.  While issuing the statutory notice, it is made clear that if the contemnors, to whom the notices are issued, comply with the directions of this Court and the Apex Court, in letter and spirit, it is open to them to make necessary applications.

 

10.02.2014

 

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W.P.No.15777, 15550 and 15776 of 2004