Awadesh Kumar Prajapati v. Government of NCT of Delhi

4 W.P.(C) No.1952/2013 The grievance of the petitioner, a person entitled to benefit under the Persons with Disabilities (Equal Opportunities, Protection ofRights and Full Participation)Act, 1995 ( hereinafterreferred to 'the said Act'), is that the W.P.(C) 1952/2013 Page 1 of[3] f.. • - _ 2013:DHC:7759-DB cases under the said Act qua allotment ofPool Accommodation are sought to be clubbed with the General Medical category cases for special allotment. The respondent had referred to the Delhi AdministrationAllotment of Government Residences (General Pool) Rules, 1977 as published on 1.11.1977. Under serial No.20 were ad hoc allotments. The ad hoc allotments wereupto 5%. Thesead hoc allotments were on medical grounds and secondly on account of physically handicapped employees. The Rules were amended and fresh Rules came into force vide notification dated 9.10.2012 where these categories have been clubbed together. The second grievance arises from the fact that the new rules provided that in making fresh allotments on medical ground, one Type below entitlement will be made, which is sought to be applied even to persons covered under the said Act. We put to learned counsel for the respondent that the said Act is a beneficial^iece of Legislation and it cannot be clubbed with discretionary allotment on medical grounds. That being so, there can be no question of one category below entitlement to such cases. This implies that we are not saying that persons who are given discretionary allotment on medical grounds W.P.(C) 1952/2013 Page 2 of[3] % cannot be given one category below but only that this parameter cannot apply to cases covered under the said Act. Thus, there should be a separate clear reservation of 3% in terms of the said Act. Learned counsel for the respondent, on instructions, cannot seriously dispute the principle in law in view ofthe statutory protection contained under the said Act and thus states that necessary action will be taken to amend the Rules to bring them in conformity with the provisions ofthe said Act within a maximum period ofthree months, as prayed for. The aforesaid being the only relief and no personal relief being claimed, we dispose ofthe writ petition in the aforesaid terms, Dasti to the learned counsel for the parties under the signature of the MAY 13,2013 sv W.P.(C) 1952/2013 SANJAY KISHAN KAUL, J SANJEEV SACHDEVA, J Page 3 of[3]