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 of the DPC held on 29.07.2023. Thereafter, as is reflected from the order dated 07.05.2024, the learned Advocate General, Punjab had submitted that the promotion of the petitioner considered in DPC to the post of Chief Engineer has not been given effect to due to clarification as sought by the Corporation being pending with the Government, which shall be finalized immediately on lifting of Model Code of Conduct and in the interregnum he shall be given officiating charge of the said post, already kept vacant for him, which this Court directed to be done forthwith.

4. The premise of the respondent-Corporation to not issue orders promoting the petitioner is that the clarification had been sought by it on 20.06.2023, on the following points, response thereto is awaited:

"1. Whether the officer already working in the department, if he becomes disabled during service (while performing duty), can he be promoted on the basis of reservation of disabled category or not? (Instructions should also be made available)

2. Whether the officers already working in the department, if they become disabled in the course of service (but not while on duty), can they be promoted on the basis of reservation of disabled category or not? (Instructions should also be made available, please)

3. Whether any disabled officer was appointed in the department on his own merit before 1997 (i.e. before reservation of disabled category in direct recruitment in class A and B) and he had submitted disability certificate at the time of recruitment, in the light of Instructions-2019 (Para No.6 and 7), he should be promoted as Chief Eng./Elec. under reservation of disabled category or not?

4. Whether a disabled officer was appointed on his merit in the department prior to 1997 (i.e. before reservation of disabled category in direct recruitment in class A and B), but his disability is not identified for further promotion, then such officer can be promoted to the next post on the basis of reservation?

It is issued with the approval of the competent authority."

5. In view of the above, it would be apt to also refer to a letter dated 17.04.2023 of Power Department, Annexure P-15, in particular to information sought at Sr.No.1 as relevant to the present case, which reads thus: