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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
AMAN CHAUDHARY
Sukhmandar Singh – Appellant
Versus
Punjab State Power Corporation Limited – Respondent
JUDGMENT :
Aman Chaudhary, J.
1. The prayer in the present petition is for directing the respondents to consider the petitioner for promotion to the post of Chief Engineer (Electrical) in the 4% quota reserved for persons with disability as per Section 34 of the Rights of Persons with Disability Act, 2016 (hereinafter referred to as '2016 Act').
2. As is evident, the petitioner had acquired hearing disability which, on getting reverified under directions of the respondent-Corporation by AIIMS, Bathinda, was assessed as 54.275%. In the Departmental Promotion Committee meeting held on 29.07.2023, R1/1, he was considered and approved for promotion.
3. This Court, while issuing notice of motion on 14.09.2023, passed an interim direction not to promote anyone to the post in question under the category of physically handicapped, during the pendency of the present petition, which was modified on 19.01.2024 to the extent that Corporation was free to make promotion to the post of Chief Engineer except that of Electrical in disabled category to which the petitioner belongs and that his promotion shall be made with effect from the date the others had been promoted, in pursuance of recommendation
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.
(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.
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 in promotion for Persons with Disabilities requires identification of suitable posts; without such identification, no legal right to promotion exists.
Promotion to public service roles must consider the rights of disabled individuals, ensuring no discrimination based on physical attributes, in alignment with existing laws.
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