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2020 (1) TMI 885 - HC - Indian LawsAllocation of Petitioner either to the Indian Revenue Service (Income Tax), Group ‘A’ [‘IRS (IT)’] or to the Indian Revenue Service (Customs & Central Excise), Group ‘A’ [‘IRS (C&CE)’] - petitioner under the quota for the Physically Handicapped (‘PH’) category - HELD THAT:- The Court finds from the replies given to the Petitioner from time to time under the RTI, that there were indeed unfilled vacancies in the PH quota in both the IRS (IT) and the IRS (C&CE), and that these ought to have been carried forward for at least two years. The second fact that emerges is that the CAT proceeded on the erroneous premise that the Department of Revenue had been granted exemption from the applicability of Section 33 of the PWD Act in terms of the proviso thereto. Although the minutes of the meeting held at the Ministry of Social Justice and Empowerment on 23rd November 2007 noted that “considering the nature of jobs performed in IRS (IT) and IRS (C&CE), these services were not considered suitable for persons with visual disabilities”, the fact remains that there was no notification issued granting exemption to the Ministry of Revenue from the applicability of Section 33 of the PWD Act. At this juncture, it requires to be noted that Section 34 of the Rights of Persons with Disabilities Act, 2016 which has replaced the PWD Act is in pari materia Section 33 of the PWD Act. The Court would not in the context of failure by the Government to provide reservations for the PH category, be presented with a fait accompli. The impugned order of the CAT is set aside - Respondents will within a period of eight weeks from the date of receipt of a certified copy of this order, ascertain which posts in the IRS (IT) and IRS (C & CE) earmarked for PH category can be allocated for those with B/LV - petition disposed off.
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