DB directs CS to file personal affidavit

Excelsior Correspondent
JAMMU, Sept 30: In a Public Interest Litigation (PIL) filed by National Federation of Blind seeking implementation of Disability Act, Division Bench of High Court comprising Justice Virender Singh and Justice Muzaffar Hussain Attar has directed the Chief Secretary to file his personal affidavit within a period of four weeks with regard to the decision taken on the report of a committee.
When the PIL came up for hearing before the DB, Advocate Rahil Raza appearing for the SSRB submitted that only six vacancies of JE (Civil) under the Disabled/ PHC category have been referred to the recruiting agency and vacancies either in PWD (R&B) or School Education Department were yet to be referred to the Board.
AAG Seema Shekhar and AAG Ravinder Sharma appearing for the respondents submitted that there might be some communication gap as the communiqué addressed to them indicates that all the vacancies as specified in the order dated September 17, 2012 have been referred to the SSRB.
Upon this, Division Bench directed respondents to ensure that the selection process for filling-up all the vacancies as referred in the order dated September 17, 2012 was initiated within one month’s time only.
Senior Additional Advocate General Gagan Basotra submitted that instant Public Interest Litigation may be disposed of at this stage itself, as grievances of the petitioners’ stand redressed. He further submitted that pursuant to the directions of Division Bench dated August 28, 2012, Commissioner Secretary, Social Welfare Department, who is also the Chairman of Expert Committee, has filed an affidavit along with communication dated September 5, 2012 addressed to the Chief Secretary.
In the affidavit, it has been stated that in pursuance of Section 21 of Persons with Disabilities (equal opportunities protection of rights and full participation) Act 1998, a Committee has already been constituted vide Government order dated January 27, 2012 to identify/ review the posts in all establishments of the Govt/Public Sector Undertakings for persons with disabilities.
Senior AAG Gagan Basotra further submitted that committee has already submitted its report for perusal of Chief Secretary and the further action would be taken under J&K State Business Rules.
Upon this, Division Bench directed Chief Secretary to file personal affidavit within four weeks.