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SANJEEV PRAKASH SHARMA
Malkit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Sanjeev Prakash Sharma, J. (Oral)
The relief sought in the present writ petition is as to whether a person who has acquired disability while in service should be left out from consideration for promotion under their disabled quota merely because at the time of initial recruitment he or she was not disabled.
2. Case of the petitioner is that he was appointed as Beldar on 16.7.1992. In 2005, he suffered an accident and was declared disabled with more than 40% disability. He continued to serve with the respondent/ University and applied for promotion to the post of Budder, Plant Observer/ field-man under the handicapped quota available for promotion. However, his case was not considered and his application was rejected vide impugned order dated 9.1.2013. Referring to a decision taken by the University Board of Management in its 250th meeting held on 17.8.2011 provided for promotion quota only to those candidates who were initially engaged by direct recruitment against the physically handicapped quota. Since the petitioner had become disabled while in service, he was treated as not eligible to be considered against the disabled quota.
3. Learned counsel for the petitioner su
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 ....
Reservation mandated under Section 33 of Act will necessarily mean to provide employment, which has permanency attached to it and that can only be by way of regular appointment.
Persons with disabilities are entitled to promotion under the Disabilities Act, 2016, and must be considered for such promotions as per the law.
The statutory obligation to protect employees acquiring disability during service and the discriminatory nature of extending age benefits only to specific disability categories.
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