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2025 Supreme(Online)(CAT) 6834
CENTRAL ADMINISTRATIVE TRIBUNAL
Rajveer Singh Verma, J, Kumar Rajesh Chandra, A
Neetu Kumari – Appellant
Versus
Union of India through Secretary, Ministry of communication, Department of posts – Respondent
OA No. 051/00878 of 2018 | MA No. 425/2022
For the Appellants/Petitioners: Shri A. Khan
For the Respondents: Shri Rajendra Krishna, Shri Amit Sinha
The court affirmed the right to reservation for persons with disabilities in promotions, mandating compliance with statutory provisions and Supreme Court directives.
Headnote:(A) The Rights of Persons with Disabilities Act, 2016 - Sections 32 and 33 - Limited Departmental Competitive Examination (LDCE) for Assistant Account Officer - Reservation for physically handicapped candidates not adhered to in LDCE-2018, violating statutory provisions and Supreme Court directives. (Paras 5, 6, 10, 13)
(B) Promotion - The rights of persons with disabilities to reservation in promotions are affirmed under Article 16(4) of the Constitution, requiring government compliance with established policies. (Paras 8, 9)
Facts of the case:
The applicant, a postal assistant, sought promotion as Assistant Account Officer under the physically handicapped quota after the LDCE-2018 results were published, which excluded such reservations despite statutory mandates.
Findings of Court:
The respondents failed to provide the required reservation for PWDs in the LDCE-2018, violating the Rights of Persons with Disabilities Act, 2016 and Supreme Court judgments.
Issues: Whether the respondents correctly applied the reservation policy for physically handicapped candidates in the LDCE-2018.
Ratio Decidendi: The court held that the failure to reserve positions for persons with disabilities in the LDCE-2018 contravenes statutory provisions and judicial mandates, necessitating corrective action from the respondents.
Result: OA disposed of with directions to implement reservation policies for PWDs.
| Table of Content |
|---|
| 1. applicant seeks reservation and promotion under ldce. (Para 1 , 2) |
| 2. respondents argue against reservation in promotions. (Para 3 , 4) |
| 3. court examines laws on disability reservations. (Para 5 , 6 , 7 , 8) |
| 4. court finds flaws in respondents' actions. (Para 9 , 10 , 11) |
| 5. court directs implementation of disability reservations. (Para 13 , 14 , 15) |
ORDER
PER:- Rajveer Singh Verma, MEMBER [J]
1. The instant OA has been filed by the applicant for the following relief:-
“(i) For direction upon the respondents to declare the result of the applicant with merit list under physical handicapped quota for the post of Assistant Account Officer(AAO) under Limited Department Competitive Examination (LDCE), 2018 which was conducted on 5th to 8th July 2018.
(ii) To direct the respondents to grant promotion to the applicant as Assistant Account Officer w.e.f 1.10.18 with all consequential benefits.
(iii) Any other order/s, direction/s as Your Lordships may deem fit & proper in the interest of justice.”
2. The brief facts of the case of the applicant as narrated in the OA are that:-
i. That applicant was initially appointed as postal assistant on 16.5.2006 in the scale of Rs.38,100/-.
ii. That a notification dated 19.4.18 was issued for the conduction of examination of Assistant Account Officer Cadre under Limited Departmental Competitive Examination (LDCE) for total no. of 1010 vacancies. In the said notification dated 19.4.18 in column-6 there was also a mention for additional category of “PH”. The applicant applied the said examination by submitting the prescribed Performa under general category with additional category of physical handicapped quota on 07.05.2018. Admit card was issued and applicant appeared in the said examination held from 5th July-8th July, 2018.
iii. That it is also stated that as per DOPT OM No.36035/7/95 Estt.c(SCT), (Annexure-4) 3% of the total vacancies shall be reserved for physically handicapped quota in promotion which means as per notification of examination of AAO, the total no of the vacancies has been declared as 1010 & 3% of the said vacancies came to as 31 no. of posts reserved for physical handicapped quota. It is also stated that as per gazette notification recruitment rules circulated on 02.04.2018, it is evident that there shall not be any effect to the incumbents who are getting relaxation as per government notification issued time to time.
iv. It is also stated that by O.M dated 15.1.18, the details of the reservation for the persons with bench mark disabilities also circulated in which the quantum of reservation also comes wherein case of the applicant falls & the case of the applicant deserved to be considered for the post of AAO under physical handicapped quota & also enhanced the percentage of handicapped quota from 3% to 4% which means the vacancy position shall be 41.
v. The result of the said LDCE-2018 was published on 01.10.2018 and 949 candidates in all categories were declared successful ignoring the physical handicapped quota.
vi. That being not getting result under "PH" quota, applicant submitted her representation on 05.10.2018 before respondent no.1 with prayer to declare her result under "PH" quota in the LDCE quota of AAO examination 2018 by annexing the copy of the disability certificate of 50% handicapped & the application form in which she has marked the "PH quota". She again submitter representation on 08.10.2018 before respondent no.5 which was forwarded to respondent no.4 vide letter dated 08.10.2018. But no action was taken till date. It is the contention of the applicant that respondent authorities have overlooked the reservation policy for persons with disabilities to Group “B”posts. She prays to allow the OA.
3. Respondents have filed WS wherein they have stated that:-
1. That applicant has raised the issue relating to non-inclusion of provision for reservation for physically handicapped employees in the LDCE Examination notification dated 19.04.2018. In this regard, instr
