JUDGEMENT
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(1.) COUNSEL for the petitioner submitted that suffice it will be for disposal of this writ petition, if a direction is given to respondent no. 3, to treat this writ petition as a representation and decide the claims made in this writ petition in accordance with law, within stipulated time, as given by this Court.
(2.) I have heard counsel for the respondents, who has submitted that they have no much objection, if such a direction is given to respondent no. 3 to treat this writ petition as a representation and decide the claims made in this writ petition in accordance with law, within the stipulated time, as given by this Court.
In view of these submissions, I hereby, direct respondent no. 3 to treat this writ petition as a representation and decide the claims made in this petition in accordance with law, rules, regulations, polices and Government enforceable orders, applicable to the petitioner as expeditiously as possible and practicable, preferably within a period of twelve weeks, from the date of receipt of a copy of an order of this Court, after giving an adequate opportunity of being heard to the petitioner or to his representative. Respondent no. 3 will also consider the mandatory provisions of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, while deciding the claims of the present petitioner. Section 33 of the aforesaid Act reads as under:
"33. Reservation of posts. - -Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent each shall be reserved for persons suffering from
(i) blindness or low vision;
(ii) hearing impairment;
(iii) locomotor disability or cerebral palsy,
in the posts identified for each disability: Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
(3.) IF the decision is taken in favour of the petitioner, the benefits of the decision will be extended to the petitioner within further period of four weeks, after the decision is taken.;
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