The Orissa High Court has directed the State Government to appoint a full-time State Commission of Disabilities and reconstitute the State Advisory Board on Disability.
The Division Bench of Chief Justice Dr S Muralidhar and Justice G Satapathy passed the order yesterday while hearing the public interest Litigation (PIL) filed Orissa Association for the Blind-Bhubaneswar seeking judicial intervention on the governmental indifference towards those suffering from disability.
The High Court served show cause notice and sought replies from the Government within six weeks. “It is expected that without waiting for further orders from the Court, the State Government should proceed to constitute a full-time State Commission and also reconstitute the State Advisory Board on Disability”, the Division Bench directed in the order.
The PIL filed by the Blind Association had sought judicial intervention for fulfillment of the 4 per cent of vacancies of the total cadre strength in state government jobs as per the provision of the Rights of Persons with Disabilities (RPD) Act, 2016.
It also sought for the implementation of reservation in promotion for employees with benchmark disabilities, the enhancement of the monthly Disability Pension provided to persons with disabilities, the constitution of the State Advisory Board on Disabilities and appointment of full time State Commission of Disabilities.
As per the Section 66 of the Rights of Persons with Disabilities Act, 2016 (RPWD Act), the State Government has to constitute a ‘State Advisory Board on Disability’ for exercising various powers assigned to such Board under the RPWD Act, the order noted.
It is stated that although the Board was initially constituted for a period of three years in the State of Odisha, it has not been reconstituted over the last three years and, therefore, the functions of the State Commission for Persons with Disabilities in terms of Section 74 of the RPWD Act are unable to be carried out, stated the Bench.