1. The original Petitioner-National Confederation for Development of Disabled has filed this Contempt Petition alleging willful disobedience of the judgment dated 4 December 2014 of this Court in PIL No. 106 of 2010. The Union of India had approached the Supreme Court in Special Leave Petition (Civil) No. 5914 of 2015 against the said Judgment which was dismissed on 12 September 2014. The Union of India had thereafter filed a Review Petition before this Court being Review Petition (C) No. 85 of 2014. The said Review Petition came to be dismissed by this Court by an order dated 5 December 2014. Aggrieved by the said order the Union of India filed a SLP being SLP (Civil) No. 5914 of 2015 which came to be dismissed by the Supreme Court by an order dated 27 February 2015.
2. In view of the above, it prima facie appears that the respondents are bound by the judgment dated 4 December 2013 of this Court which has become final. By the said judgment, we had allowed PIL No. 106 of 2010 (National Confederation for Development of Disabled v. Union of India) in the following terms:
“In view of the above directions, it is clear that the respondents will have to give benefits of reservation to persons with disabilities in the matter of promotion to posts in the Indian Administrative Services by applying the Office Memorandum dated 29 December 2005 and subsequent Office Memorandum consistent with the aforesaid judgment dated 8 October 2013 of the Supreme Court and accordingly give benefits of the reservation with effect from the date of issuance of the said Office Memorandum dated 29 December 2005.”
3. The learned Additional Solicitor General however has drawn our attention to an order dated 24 March 2015 passed by the Supreme Court in the case of National Federation of the Blind v. Sanjay Kothari, Secretary, Department of Personnel and Training in Contempt Petition (C) No. 499 of 2014 in Civil Appeal No. 9096 of 2013 in which the Supreme Court has made the following observations:
“The further issues raised in the Contempt Petition as indicated above including the issue pertaining to reservation in promotional vacancies will be considered at the later stage of the present proceeding.”
4. The learned Additional Solicitor General submits that in view of the pendency of the Contempt Petition (C) No. 499 of 2014 arising from Judgment dated 8 October 2013 of the Supreme Court the Contempt Petition filed by National Federation of the Blind v. Sanjay Kothari, Secretary, Department of Personnel and Training, hearing of the present Contempt Petition may be adjourned.
5. We find that the SLP filed by the Union of India against the Judgment of this Court dated 4 December 2013 has been dismissed by the Supreme Court, also the Special Leave Petition filed against the order passed by this Court disposing of the Review Petition has also been dismissed by the Supreme Court. However, considering the submission of the learned Additional Solicitor General, we make it clear that in case Union of India does not get necessary clarifications from the Supreme Court, this Court will proceed to hear the present Contempt Petition on the next date of hearing.
6. Stand over to 6 May 2015.