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N. NAGARESH
SHOYAB K. A. S/O K. I. ALI – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT :
N. NAGARESH, J.
1. The petitioners are persons who are working as Section Officers in M.G. University. They belong to differently abled category with benchmark disability of more than 40%. The petitioners are before this Court aggrieved by rejection of their request for further promotion in the quota earmarked for differently abled candidates.
2. The petitioners state that they joined service as Lab Assistants. As per Section 34(1) of the Rights of Persons with Disabilities Act, 2016, the Government shall appoint Persons with Benchmark Disabilities in every Government Establishment, not less than 4% of the total number of vacancies in the cadre strength. The first proviso to Section 34(1) states that reservation in the promotion shall be in accordance with such inspection as issued by the appropriate Government from time to time. The petitioners would submit that the Hon’ble Apex Court has held that Persons with Disabilities are entitled to be given reservation in the matter of promotions in the light of the provisions of the Rights of Persons with Disabilities Act, 2016.
3. The petitioners pointed out that in the judgment of the Hon’ble Apex Court in State of Kerala v. Lees
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 ....
(1) Total number of vacancies in cadre strength would include vacancies to be filled in by nomination as well as by promotion.(2) Absence of rules to provide for reservation in promotion would not de....
Persons with disabilities are entitled to promotion under the Disabilities Act, 2016, and must be considered for such promotions as per the law.
Promotion claims under disability quotas must align with established recruitment policies of the university.
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.
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