Disabled staff to get quota in promotion with effect from 2016

PwD candidates have been fighting for the benefit of reservation in promotions for more than a decade, with the matter passing between multiple Benches of the Supreme Court

The Union government on Thursday issued an order paving the way for Persons with Disabilities to be considered for reservation in promotions up to the lowest rung of Group A posts in the Central government, with effect from June 30, 2016. 

June 30, 2016 is the day on which the Supreme Court had initially ruled that PwD candidates must be entitled to reservation in promotions irrespective of whether the positions were filled through reservation or not. 

PwD candidates have been fighting for the benefit of reservation in promotions for more than a decade, with the matter passing between multiple Benches of the Supreme Court. After the court finally upheld the right to reservation in promotions in a 2021 order, the government had issued rules for the implementation of it. 

However, in 2023, one petitioner had approached the top court with a contempt petition arguing that the court’s directions were not being implemented. In July this year, the court had ruled, “Though it is pointed out that the judgement of this Court of which breach is alleged, has been complied with effect from 15.7.2023, the fact remains that the judgement is of 30.6.2016 directing the respondents to implement the 1995 Act.  Therefore, the respondent will have to consider of giving at least notional promotion to those who are eligible from an earlier date.”

As a result, the Department of Personnel and Training (DoPT) said that consultations had been held with the Department of Legal Affairs following which it was decided to grant notional promotion to PwD candidates with effect from June 30, 2016. 

However, in the rules issued by the DoPT, it has been made clear that the candidates who will become eligible for this promotion on a notional basis will not get any financial arrears from the date they became eligible after they assume charge of their promoted position. 

The Office Memorandum said, “No financial arrear will be admissible to them for the period from the date on which they get the benefit of notional promotion and the date on which they actually assume or have already assumed the charge of such promoted post.”

The DoPT added that allowing notional promotion for candidates between the June 30, 2016 cut-off and the date they assumed the charge would result in an overhaul of the seniority list altogether. In order to avoid this situation, the Department said, “Supernumerary posts may be created to adjust the lien of such PwD employees with effect from the date on or after 30.6.2016, when they become eligible to get the benefit of reservation in promotion, till the availability of vacancy in which the promotion is to be made or till they vacate the post on their retirement, further promotion etc. whichever is earlier.”

“The creation of supernumerary post, as stated above, will be personal to the PwD employee who is given the benefit of reservation in promotion on notional basis and such supernumerary post will stand abolished on the date when such PwD employee is adjusted against available vacancy in the grade in which the promotion is given or when that PwD employee vacates the post on his/her retirement, further promotion etc., whichever is earlier,” the order said, further advising Ministries and departments to prepare a proposal with their respective requirements for supernumerary posts for submission to the Department of Expenditure. 

The DoPT added that the system of notional promotions is not to adversely affect the promotions of PwD candidates who have already availed the benefit of reservation in promotion in pursuance of various court judgments.