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2025 Supreme(Online)(CAT) 9987
CENTRAL ADMINISTRATIVE TRIBUNAL
Suresh Kumar Batra, J, Rashmi Saxena Sahni, A
Jarnail Singh – Appellant
Versus
Chandigarh Administration – Respondent
OA 60/739/2020
For the Appellants/Petitioners: Sh. Rishav Sharma
For the Respondents: Sh. G.S. Sandhu, Sh. B.B. Sharma
The tribunal mandated adherence to updated reservation policies for the promotion of individuals with disabilities, emphasizing timely compliance by administrative authorities.
Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Rights of Persons with Disabilities Act, 2016 - Promotion under reservation for Persons with Disabilities - Applicant seeks direction for promotion under specific rules considering the disability quota. The Chandigarh Administration’s policy restricts promotional reservations to Group C and D posts only, as per the central policy. Updates in Office Memorandum regarding notional promotions for Persons with Benchmark Disabilities emphasized the need for adherence to mandates ensuring no denial of promotion due to disability. (Paras 1, 3, 5, 9)
(B) Rights of Persons with Disabilities - The court observers that the recent clarifications by the Government open the way for notional promotions to eligible individuals, thus underscoring the obligation of authorities to expedite processes in compliance with lawful reservations. (Paras 6-9)
Facts of the case:
The applicant, initially appointed as a Motor Mate, has sought promotion to SDE (Civil) citing his inclusion under the physically handicapped quota, but has faced delays and non-responsiveness concerning his application.
Findings of Court:
The OA is disposed of with directions to expedite the promotion process within six weeks.
Issues: The main issue revolves around the applicability of the reservation policy regarding promotions and the bureaucratic delays faced by the applicant.
Ratio Decidendi: The tribunal concluded that compliance with the amended policies regarding reservations is critical and mandated timely action to address the applicant's claims.
Result: OA disposed of, directing prompt action.
| Table of Content |
|---|
| 1. applicant seeks promotion under disability reservation policy. (Para 1) |
| 2. the issue of non-response to reservation promotion requests. (Para 2) |
Per: SURESH KUMAR BATRA MEMBER (J)
1. This application has been filed by applicant under Section
19 of the Administrative Tribunals Act, 1985 seeking following relief:
i) “A direction be issued to the respondents to consider the case of the applicant for promotion to the post of SDE ( Civil ) as per 2017/2020 Rules (Annexure A-1 & A-1/10) and as per Section 34 of the 2016 Act, instructions dated 03.10.2019 issued by the Punjab Government from the due date while determining the roster point meant for disabled persons with all consequential benefits against the vacant available vacancy.”
2. The brief facts leading to filing of this OA as stated by the applicant are that the applicant under physically handicapped quota, joined service with the respondent department as Motor Mate on 30.08.1991 and was promoted to the post of Junior Engineer on 04.08.2016.
DINKY 2025.08.01 The applicant was further due for the promotion of SDE(Civil) and his name is at Sr. 35 in the Seniority List. The applicant submitted a representation dated 24.03.2020 (Annexure A-2) for considering his case for promotion to the post of SDE (Civil) under reservation of Persons with Disabilities Act as per Punjab Government instructions as well as Central Government, to which no response has been received yet.
3. In the reply, respondents have submitted that the Chandigarh Administration has followed the policy for “Reservation for the Persons with Disabilities” issued by the Government of India, Ministry of Personnel, Public Grievances dated 29.12.2005, whereas these instructions provide reservation to the disabled persons in all the identified group of posts i.e. Group A, B,C and posts in direct recruitment, whereas restricted the reservation in promotion to identified Group C and Group D posts only. It has been further submitted that the respondents’ department has restricted the reservation in promotion to identified Group C and Group D posts, hence the claim raised by the applicant is not sustainable for promotion to the post of SDE ( Civil ) which is Group A post.
DINKY 2025.08.01
4. The applicant has preferred MA No. 948/2025 seeking disposal of the instant OA in terms of order dated
18.11.2024 passed by this Tribunal in OA No. 816/2021.
5. It has been pleaded that Government of India, Ministry of Personnel, Public Grievances & Pensions, Pensions, DoP&T has issued Office Memorandum dated 17.05.2022 (ANNEXURE A-11 with OA) with regard to grant of reservation in promotion to Benchmark Disability vide which it was decided that in case of promotion, 4% of the total number of vacancies in the cadre strength shall be reserved for Persons with Benchmark Disabilities and in para 4 of said O.M., it was further provided that no promotion shall be denied to a person merely on the ground of disability in terms of Section 20 (3) of the Rights Persons with Disability Act, 2016. The said Office Memorandum has been adopted by the Chandigarh Administration vide letter dated 01.06.2022 and the Government of India, Ministry of Personnel, Public Grievances & Pensions, DoP&T issued another Office Memorandum dated 28.12.2023 providing clarifications on some issues with regard to the implementation of reservation in promotion to Persons with Benchmark Disabilities vide which it was decided to grant notional DINKY 2025.08.01 promotions to the Persons with Disability candidates w.e.f. 30.06.2016 as per the conditions mentioned therein. The said OM has also been adopted by the Chandigarh Administration vide letter dated 23.01.2024. A copy of letter dated 23.01.2024 is enclosed as ANNEXURE MA-1.
6. Learned counsel for the applicant further contended that similar issue has been decided by this Tribunal in OA No. 816/2021 titled as Amarjit Singh & others Vs UOI & others.
The relevant portion of which is as under:
“During the course of a
