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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RANJAN SHARMA
Shobu Ram – Appellant
Versus
Himachal Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. pwd clerk seeks 3% promotion reservation quota (Para 1 , 2) |
| 2. no government instructions for pwd promotion reservation (Para 3) |
| 3. sc judgments mandate pwd promotion reservation rights (Para 4) |
| 4. statutes require pwd reservation in promotions post-identification (Para 5 , 6) |
| 5. state instructions provide notional pwd promotions from 2016 (Para 7) |
| 6. pwd entitled to promotion irrespective of recruitment mode (Para 8) |
| 7. court orders notional promotion w.e.f. 30.06.2016 (Para 9 , 10) |
JUDGMENT :
Ranjan Sharma, Judge
Petitioner, Shobu Ram, a Clerk, under the Respondent-Corporation, at the relevant time, filed Original Application No.6530 of 2016 before the Administrative Tribunal and after abolition of the Tribunal, the matter was transferred to this Court as CWPOA No.792 of 2020, seeking the following reliefs:-
“(1) Declare the Recruitment and Promotion Rules contained in Annexure A-3 to be declared unconstitutional and illegal and binding upon the applicant as if does not provide reservation of 3% quota in promotional avenue in view of the law laid down by the Hon’ble Supreme Court and various other High Courts declaring the persons with disability entitled to the aforesai
Persons with benchmark disabilities entitled to 4% reservation in promotion to identified posts irrespective of mode, notionally from 30.06.2016 subject to eligibility via review committee; supernume....
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....
Reservation in promotion for Persons with Disabilities requires identification of suitable posts; without such identification, no legal right to promotion exists.
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.
Persons with disabilities are entitled to promotion under the Disabilities Act, 2016, and must be considered for such promotions as per the law.
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