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KARDAK ETE
Dul Malla Buzar Baruah S/o. Lt. Bidya Malla Buzar Baruah – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Heard Ms. D. Borgohain, learned counsel for the petitioner. Also heard Mr. D. Nath, learned Senior Government Advocate for the State of Assam and Ms. P.P. Das, learned counsel appearing for the APSC.
2. Having considered that the issue involved in both writ petitions is analogous, same were heard together and are being disposed of by this common judgment and order.
3. By filing these two writ petitions, the petitioners have prayed for a direction to the respondent authorities to modify the O.M. dated 17.01.2019 so as to provide reservation in promotion to the post of Assistant Engineer (Civil) under Public Works Department, Government of Assam. The petitioners have also prayed for a direction to consider the case of the petitioners for promotion to the post of Assistant Engineer (Civil) against the 4% quota reserved for Persons With Disabilities (hereinafter PwD in short) as provided under the Rights of Persons with Disabilities Act, 2016, (hereinafter referred to as the Disabilities Act, 2016 in short).
4. The brief facts of the case are that the petitioners were appointed as Junior Engineer (Civil) under the Assam Public Works Department, who are PwDs. In WP(C) 3299/2020,
Persons with disabilities are entitled to promotion under the Disabilities Act, 2016, and must be considered for such promotions as per the law.
Employees acquiring disability during service are entitled to promotion benefits under the PH quota, irrespective of the timing of their disability acquisition as confirmed by the RPWD Act.
Reservation in promotion for Persons with Disabilities requires identification of suitable posts; without such identification, no legal right to promotion exists.
Only in those cases that the Government is of the view that the posts in the promotional cadres cannot be reserved for the PwD category due to functional or other reasons, the same cannot be used as ....
The main legal principle established is that reservation in promotion for differently-abled persons should be in accordance with instructions issued by the appropriate Government, and merit-based con....
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