Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(CAT) 13234

CENTRAL ADMINISTRATIVE TRIBUNAL
B.K. Shrivastava, Judicial Member, Santosh Mehra, Administrative Member
S Sreedhara – Appellant
Versus
Union of India – Respondent
ORIGINAL APPLICATION NO.170/00053/2024

Advocates:
For the Appellants/Petitioners: P.Kamalesan
For the Respondents: Sayed S Kazi

Unfilled PH quota vacancies carry forward to next recruitment year; inter-category interchange permitted only subsequently, not same year. Inter-division exchange for same category allowed. Higher merit prevails within category. (28 words)

Headnote:(A) Rights of Persons with Disabilities Act, 2016 - Section 34(2) - DoPT OMs No.36035/7/95-Estt.(SCT) dated 18.02.1997 and No.36035/02/2017-Estt(Res) dated 15.01.2018 - Reservation for persons with benchmark disabilities in promotions - Unfilled PH quota vacancies in LDCE must first be carried forward to succeeding recruitment year; interchange among disability categories permitted only in subsequent year if suitable candidates unavailable - PH-II vacancy (carried forward from prior year) treated as unreserved due to non-availability of eligible candidates, filled by higher merit PH-II candidate from another division - Inter-division exchange within circle allowed in given year, but inter-category exchange not permissible within same recruitment year. (Paras 4, 5, 8, 11, 19, 20, 22)

(B) Administrative Tribunal - Compliance with prior orders - Directions to consider promotion against PH quota vacancies of specific year complied with by re-examining merit list across divisions and promoting higher-ranked eligible candidate in same category; no entitlement to displace senior merit candidate or force inter-category filling contrary to rules. (Paras 6, 8, 20, 23)

Facts of the case:
Applicant, appointed as MTS under PH quota, qualified in LDCE for promotion to PA/SA cadre for 2019 vacancies (5 PH quota: PH-I=2, PH-II=1, PH-III=1, PH-IV=1). PH-II vacancy (carried forward from 2018) unfilled at divisional level, treated as unreserved per DoPT OM; one PH-III filled via inter-division surplus. Prior tribunal order directed consideration against 2019 PH quota; complied by promoting higher-scoring PH-II candidate. Applicant, lower in merit, sought quashing of order and promotion by interchanging categories/divisions.

Findings of Court:
Respondents fully complied with prior tribunal directions and DoPT guidelines; unfilled vacancies (PH-I=2, PH-IV=1) to be carried forward, not interchanged in same year; applicant's promotion claim rejected as higher merit PH-II candidate rightfully filled sole vacancy.

Issues: Whether unfilled PH vacancies could be filled by inter-category interchange within same recruitment year; whether prior tribunal order mandated applicant's promotion over higher merit candidate; validity of treating carried-forward PH-II vacancy as unreserved.

Ratio Decidendi: Unfilled benchmark disability vacancies carry forward to next year; inter-category interchange allowed only then, not same year - inter-division exchange within circle permitted for same category. Narrow interpretation denying rights not applied as rules followed, merit preserved. (Paras 20-23)

Result: OA dismissed. No costs. (Para 24)

Table of Content
1. factual background of applicant's ph quota promotion claim. (Para 1 , 2 , 12 , 19)
2. applicant's arguments on ph vacancy filling violations. (Para 3)
3. respondents' compliance with dopt om carry-forward rules. (Para 4 , 5 , 9 , 10 , 11 , 13 , 14)
4. prior cat order implementation via merit-based ph-ii promotion. (Para 6 , 7 , 8 , 18 , 20)
5. no inter-category exchange within same year; inter-division permitted. (Para 15 , 21 , 22 , 23)
6. dopt oms on ph reservation, interchange, and carry-forward. (Para 16 , 17)
7. oa dismissed; no interference with impugned order. (Para 24)

ORDER

Per: Hon’ble Shri Santosh Mehra …..Member (A)

Through this OA, the applicant has sought the following reliefs:

I. Quash the O/O chief Post Master General, Karnataka Circle, Bangalore-560001 Memo No. R & E/1-12/LGO/2019 dated: 16-10-2023 Annexure-A 11 issued by respondent No.2.

II. Consequently direct the respondent No.2 to promote the applicant as PA/SA for the unfilled 3 PH quota vacancies remained unfilled for vacancies of 2019 by inter changing the PH category vacancies and inter changing the divisions.

III. Grant any other relief as deemed fit into facts and circumstances of the case, in the interest of justice and equity.

2. The facts in a nutshell are as follows:

i. The applicant was appointed as Multi Tasking Staff (MTS) with effect from 04.06.2013 in the department of Posts under Physically Handicapped (PH) quota. The applicant as per his claim was a physically handicapped candidate (PH-II) with more than 40% disability. His grievance was that the 2^nd Respondent considered the surplus qualified candidates in LDCE held on 05.09.2019 without following the Reservation Roster of PH quota and allotted one post to other than PH candidate in Kalaburgi Division. Being aggrieved by the deprival of his promotion under PH quota, the applicant approached this Honourable CAT Bench through OA No. 170/00463/2020. In this O.A. the Hon’ble Bench passed an order on 10.07.2023 stating as follows:

“For the reasons aforesaid, we direct the 2nd respondent to consider the promotion of the applicant against PH quota for the vacancies of 2019 and to pass an appropriate order in accordance with law keeping in mind the object of reservation of PH category in the employment/promotion.”

ii. In compliance of the above cited orders of the Hon’ble Bench in that O.A, R-2 passed orders vide reference no. R&E/1-12/LGO/2019 dated 16.10.2023. Aggrieved with the orders passed by the Respondent, the applicant has once again approached this Tribunal vide this O.A. stating that the earlier orders of this Tribunal were not complied with in true letter and spirit and has asked for the above mentioned relief.

3. The Counsel for Applicant stated that the applicant was appointed as MTS from 4-6- 2013, under PH quota in the department of Post at Chitradurga Postal Division.

According to him, the Government of India, Ministry of personnel, PG & Pension, Department of personnel and Training, New Delhi-110001 issued OM No.36035/7/95 - Esst(S-CT) dated: 18-2-1997, regarding reservation for physically handicapped in the posts filled up by promotion, and also issued another OM No. 36035/2/2017-Esst (res) dated: 15-1-2018, regarding reservation for the persons with bench mark disabilities.

R-2 issued notification for LDCE to be held on 15-9-2019 for recruitment of postal Assistants/ sorting assistant from post man/mail guard and MTS vide Memo No.R & E/1- 12/LGO/2019 dated: 5-8-2019 and notified the vacancies according to which there was 5 PH quota vacancies for PA and SA.

The respondents notified the tentative list of candidates who have qualified in paper I & II in the examination held on 15-9-2019. The applicant qualified in the Exam and appeared at Sl.No.136.

R-2, vide letter No. R & E/1-12/LGO/2019 dated: 13-2-2020, declared the results of LDCEC held on 13-02-2020, according to which 5 PH quota vacancies remained unfilled.

The applicant submitted a representation on 2-3-2020, to consider for

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2025 Supreme(Online)(CAT) 13234

CENTRAL ADMINISTRATIVE TRIBUNALB.K. Shrivastava, Judicial Member, Santosh Mehra, Administrative MemberS Sreedhara – AppellantVersusUnion of India – RespondentORIGINAL APPLICATION NO.170/00053/2024

Unfilled PH quota vacancies carry forward to next recruitment year; inter-category interchange permitted only subsequently, not same year. Inter-division exchange for same category allowed. Higher merit prevails within category. (28 words)

CENTRAL ADMINISTRATIVE TRIBUNAL
B.K. Shrivastava, Judicial Member, Santosh Mehra, Administrative Member
S Sreedhara – Appellant
Versus
Union of India – Respondent
ORIGINAL APPLICATION NO.170/00053/2024