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Persons with disabilities – Regularisation in service sought to be taken away with retrospective effect

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The appellants with benchmark disabilities with physical disability were initially appointed for a period of exceeding 179 days. By G.O. dated 18.5.2013, their services were regularised and they were appointed on regular basis.

 However, by G.O. dated 3.2.2016, it was declared that such re-appointed persons shall not be eligible for declaration of probation, inclusion in the combined seniority list or consideration for promotion.

 HELD that the GO dated 18.5.2013 is to ensure that the persons with disability appointed through the employment exchange in a particular post should be regularly appointed.   Therefore, all of them were appointed on probation.   

 Now, by the subsequent GO dated 3.2.2016, what is conferred on the appellants by the GO of 18.5.2013 cannot be withdrawn.    Moreover, many appellants based on the GO of 18.5.2013 changed their position and opted for other employment for securing the benefits under the GO.  The GO contemplates regular appointments to be given.

 Clause 3.5 of the G.O. dated 3.2.2016 seeks to withdraw what is specifically conferred by the G.O. dated 18.5.2013.   Hence, the G.O. of 3.2.2016 is discriminatory and irrational and therefore, violative of Article 14 of the Constitution of India.

 Judgment dated 23.5.2025 of the Supreme Court of India in Civil Appeal No.14915 of 2024 of Maya P.C. & others    Vs.  The State of Kerala and another with connected matters

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