orissa high court

Orissa High Court: In a Public Interest Litigation by the Orissa Association for the Blind, Bhubaneswar seeking issuance of writ of mandamus regarding the implementation of the provisions of Rights of Persons with Disabilities Act, 2016 (‘RPwD Act’), the Division Bench of B.R Sarangi, ACJ and M.S Raman, J. directed the State Government to reconsider the pension amount and pass appropriate orders.

In the matter at hand, the PIL was filed for following reliefs:

  1. Fulfill the 4 per cent vacancies of the total cadre strength in State Government jobs as per the provision of the RPwD Act.

  2. For the implementation of reservation in promotion for employees with benchmark disabilities.

  3. To enhance the monthly disability pension provided to persons with disabilities.

  4. To constitute the State Advisory Board on Disabilities.

  5. To appoint full-time State Commission of Disabilities.

The Court noted that pursuant to the order dated 10-01-2024, the vacancies were fulfilled as per the provisions of the RPwD Act, 2016 which provides for not less than 4 per cent reservation in direct recruitment to be implemented to provide greater opportunities for persons with disabilities, and accordingly a resolution was brought into effect for carrying out the process of recruitment of PwDs to different posts under State Government.

The Court noted the Additional Advocate General’s submission that the prayer regarding implementation of reservation in promotion for employees with benchmark disabilities and to enhance the monthly disability pension, was already considered by the State. Therefore, the Court directed the State to take a decision on the issue of promotion of persons with disability as expeditiously as possible, preferably within a period of three months from the date of communication of this order, as the matter was pending for the consideration of the State Government.

Regarding the pension for disabled persons, the Court noted that a pension of Rs. 500 to Rs. 900 per month was being given by the State Government under State sponsored Scheme Madhu Babu Pension Yojna as per their eligibility. Hence, the Court said that considering the present price index, the amount of pension being given is paltry and it was very difficult to manage with the said amount. Thereby, the Court said the State Government should reconsider the said issue and pass appropriate orders in accordance with law within three months from the date of communication of this order.

[Orissa Association for the Blind, Bhubaneswar v. State of Odisha, 2024 SCC OnLine Ori 522, Order dated: 30-01-2024]

Advocates who appeared in this case :

For the petitioner: Advocate Piyush Panda, Advocate Mrinalini Padhi

For the respondent: Additional Advocate General P. K. Muduli

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