1 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CWP(T) No. 8962 of 2008 Date of decision: 23.12.2010 ________________________________________________________________ Blind Persons Association, HP .....Petitioner. Versus State of Himachal Pradesh and another. .....Respondents. Coram The Hon'ble Mr. Justice V.K. Sharma, J. 1 Whether approved for reporting? ________________________________________________________________ For the petitioner: Mr. Neel Kamal Sood, Advocate. For the respondents : Mr. Anil Jaswal, Dy. Advocate General. V.K. Sharma, J. (Oral). The petition has been filed on the following prayers vide paras 7(i) to (iii) : “(i) Directing the respondents to fill up 1% quota meant for Blind persons throughout the State of Himachal Pradesh in Govt./Semi Govt./Corporations/Boards and to provide employment to the visually handicapped persons of Himachal Pradesh and recruitments thereof be ordered to be made in accordance with the rules meant for the said purpose. (ii) Directing the respondents to fill up the back- log quota meant for blind persons and to provide 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 job opportunities to the visually handicapped persons registered with the concerned Employment Exchanges. (iii) Directing the respondents to create a Special Cell to monitor the progress in filling up of back- log quota meant for blind persons as is being done in the matter of posts reserved for SC/ST persons.” 2. In reply on behalf of respondent No.1, the following stand has been taken vide paras 6(i) to (xiii): “ (i) to (ii) In reply of these paras it is submitted that the State Government has provided for 3% reservation in Class III & IV Government Jobs to disables persons, 1% each of Visually Handicapped, Hearing Handicapped and Orthopaedically disabled vide department of Personnel Notification No. Karmik.(NI- II)B(12)-11/76 dated 22.1.1981 (Annexure 'R-I') (iii) In reply to this para it is submitted that in absence of eligible persons in one category jobs under 3% reservation are being provided to the eligible persons in the other category. Asa result out of total 1284 jobs in Class III and IV provided to the disabled in the State till December, 2002, 1246 were provided to orthopaedically disabled, 25 to visually impaired persons (blind/partially blind) and 13 to hearing impaired persons. Out of 25 jobs provided to the visually impaired persons 17 jobs have been provided during the last three years i.e. from 2000-01 to 2002-03. The year- wise detail of jobs provided to the persons with disabilities since 1976 is annexed as Annexure “R- II'. In view of this p-lea taken by the applicants 3 has no merit. (iv) to vi) In reply to this para it is submitted that the State Government has identified Class I and II jobs in 9 Departments for the persons with disabilities vide Department of Personnel letter No. PER(AP)-CB(12)1/99 dated 2.12.1999 annexed as Annexure 'R-III' and for identification of posts in Class-III a committee under the Chairmanship of Additional Secretary (Welfare) has been constituted and the report of the Committee is awaited. (vii) to (xiii) In reply to this para it is submitted that for the redressal of visually impaired persons various meetings with the Association of the Blind were held by the following: Director (Welfare) on 27.4.2000 Secretary(Welfare) on 11.5.2000, 1.11.2000, 3.3.2001, 12.3.200. Minister in charge of Welfare Deptt. on 31.5.2000, 3.11.2000, 23.4.2001. Chief Minister on 10.05.2001. Plea t6aken by the applicant that nothing concrete emerged despite numerous assurances and promises by the Govt. has no locus standi. In fact, it was decided on 29.9.2002 to fill up the backlog applicable to visually impaired persons in Class-IV posts w.e.f. 1.1.;1996 and directions for the identification of backlog were issued to all the Administrative Secretaries and Head of Departments in the State on 1.11.2000. For the implementation of the above decision the record of 13 major Departments of the State Government was summoned for examination and 12 Class-IV posts were identified for visually handicapped 4 and the same have been filled. In addition to this the Govt. decided to fill up 62 posts of water carrier in Primary Education Department by visually impaired person out of which 42 persons have been appointed,k remaining are being issued appointment letters. The applicant's allegation in these paras that the backlog of 10 posts identified has still not been filled up, has no relevance in view of the above averments as already 12 Class-IV posts identified as backlog in various Departments have duly been filled.” 3. In view of the facts and circumstances of the case, the petition is disposed of with a direction to respondent No.1 to give effect to the Government Policy regarding 'Reservation in respect of Physical handicapped persons in various Services in Class III and IV posts' as per letter dated 22.1.1981, Annexure R-I and 'Providing of reservation to the disabled persons in services of the State in Class-I and Class-II posts in direct recruitment' in terms of letter dated 2nd December, 1999, Annexure R-III, particularly vis-a- vis visually handicapped persons, in letter and spirit and take steps to fill up the backlog, if any, and to monitor the progress in this regard from time to time. 4. The petition stands disposed of, so also pending CMP(s), if any. (V.K. Sharma) Judge 23nd December, 2010 (Jai)