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Bombay High Court orders restoration of concessional and preferential treatment to persons with disabilities

Date : 28/07/2011

Public Interest Litigation No. of 2010

Bhagwan Salwani & Ors Versus The divisional Railway office & Ors.

The Petitioner ha s filed a Petition along with others who is a Public Call Office operator, runs a stall at Bandra Local station (west) in Mumbai. He has an orthopedic disability from birth due to Polio.

The Respondent is the divisional manager in western railway, Bombay who issued the impugned Notice in November 2010. The respondent also formulated the Policies in 2002 and 2007, whereby persons with disabilities who had been provided with preferential and concessional treatment in the allotment and running PCO’S across the length and breadth of the country were no longer to be treated as mentioned above.

This Public interest litigation pertains to the withdrawal of the concessional and preferential treatment to persons with disabilities. And not to restrict only to the petitioners in the running of PCO’s at railway station and permeates from the policy of 2002.of the railway board and questions the constitutional validity of impugned policies of the railway board.

The Honorable Court has ordered as” Having regard to the fact that the petitioners are persons with disability, and that this PIL is field on behalf of those who have been allotted STD, ISD, FAX/Internet booths at railway stations subject to the condition that petitioners and other persons with disability, who are allotted such booths at railway stations continue to pay 10%”of the commission charges received by them from the MTNL, BSNL and other service providers for running PCO booths on the railway platforms, the respondents shall not terminate the allotment letters issued in favour of such petitioners and other persons with disability.


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