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National Confederation For Development Of Disabled & Anr. Petitioners v. Union Of India & Anr. S
Factual and Procedural Background
The National Confederation for Development of Disabled filed a contempt petition alleging wilful disobedience of this Court’s judgment in PIL No. 106 of 2010. The Union of India’s review petition and subsequent special-leave petitions challenging the judgment and review order were dismissed, making the judgment final. [1][2]
The judgment directed the respondents to extend reservation benefits to persons with disabilities in promotions to posts in the Indian Administrative Services, applying the Office Memorandum dated 29 December 2005 and subsequent consistent memoranda, with effect from that date. [3]
Legal Issues Presented
- Whether the respondents were bound to comply with the final judgment directing reservation benefits for persons with disabilities in promotions. [2][3]
- Whether hearing of the contempt petition should be adjourned pending clarification or further consideration by the Supreme Court in related contempt proceedings concerning promotional reservations. [4][5][6]
Arguments of the Parties
Union of India
- The Additional Solicitor General requested adjournment because a related Supreme Court contempt petition, arising from the Supreme Court’s judgment dated 8 October 2013, included the issue of reservation in promotional vacancies and remained pending. [4][5][6]
Table of Precedents Cited
| Precedent | Rule or Principle Cited For | Application by the Court |
|---|---|---|
| National Confederation for Development of Disabled v. Union of India | Direction to provide reservation benefits to persons with disabilities in promotions to posts in the Indian Administrative Services, with effect from 29 December 2005. | The Court treated the judgment as final after the Union of India’s challenges were dismissed and noted that the respondents were prima facie bound by it. [2][3][7] |
| National Federation of the Blind v. Sanjay Kothari, Secretary, Department of Personnel and Training | The Supreme Court indicated that issues in the contempt petition, including reservation in promotional vacancies, would be considered at a later stage. | The Court considered the pending related proceedings but did not finally determine their effect; it allowed the matter to stand over while requiring the Union of India to seek necessary clarification. [4][5][6][7] |
Court's Reasoning and Analysis
The Court observed that the judgment directing promotional reservation had become final because the Union of India’s challenges before the Supreme Court had been dismissed. The respondents were therefore prima facie bound by that judgment. [2][7]
However, the Court considered the Additional Solicitor General’s submission that the Supreme Court was examining related issues, including reservation in promotional vacancies, in pending contempt proceedings. [4][5][6]
Balancing the finality of its judgment with the request for clarification from the Supreme Court, the Court stated that it would proceed with the contempt petition if the Union of India did not obtain the necessary clarification. [7]
Holding and Implications
ORDERED TO STAND OVER: The hearing of the contempt petition was adjourned to 6 May 2015. [7][8]
The Court did not dispose of the contempt petition or decide the alleged wilful disobedience. The respondents remained prima facie bound by the final judgment, subject to the proposed clarification from the Supreme Court. No new precedent was set. [7]
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.
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