Reservation in promotion for PwBD effective notionally from 30.06.2016 per DOP&T O.M. 28.12.2023, overriding prior prospective clarifications.

ORDER

(Pronounced by Hon'ble Mr. Sisir Kumar Ratho, Member(A))

Since the issue involved and the subject matter pertaining to both the OAs are common, the OAs are taken up together and a common order is being passed.

2. These OAs have been filed by the applicants seeking the following relief:-

“to direct the respondents to grant promotion to the grade of Assistant Commssioner to the applicant against the vacancies which arose in Group A Cadre from 19.04.2017 extending the benefit of 4% reservation for Persons with Benchmark Disabilities in pursuance of DOP&T O.M. No. 36012/1/2020-Estt(Res.ii) dated 17.05.2022 and by F.No. A.32012/10/2021-Ad.II of the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs dated 27.08.2021 and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of this case and thus render justice.”

3. The facts of the case as submitted by the applicants, are as follows, in brief:-

3.1. The applicant in OA 55/2023 viz., Mr. L. Vijayaraghavan was appointed as a UDC through SSC examination and joined the services of the respondents on 01.02.1996 under the category of OBC - OH Orthopaedicallly Handicapped and the applicant in OA 203/2023 viz., P. Sathish Kumar was appointed as a UDC through SSC examination and joined the services of the respondents on 29.04.1992 under the category of General PH OH Orthopaedicallly Handicapped. The said post was redesignated as Tax Assistant on 05.05.2003. The applicants filed O.A. No. 884/2003 seeking for a direction to the respondents therein to dispose of his representation praying for promotion to the post of Inspector of Central Excise. The said OA was disposed off vide order dt. 30.09.2003 with a direction to the respondents therein to dispose off the applicants’ representation within eight weeks. The applicants submit that thereafter they were notionally promoted as Inspector of Central Excise with effect from 06.12.2002 and further promoted as Superintendent of Central Excise on regular basis on 01.05.2015 and 30.04.2015 respectively.

3.2. It is further submitted that in pursuance of DOP&T O.M. No. 36012/1/2020-Estt (Res.ii) dt. 17.05.2022, the ministries were instructed to extend 4% reservation for the Persons with Benchmark Disabilities in promotion from group B posts to lowest rung of Group A post. As the post of Superintendent of Customs/Central Excise being a Group B post, the applicants being persons with benchmark disability are eligible for promotion to the post of Assistant Commissioner which is a Group A post. As per the order contained in F. No. A.32012/10/2021-Ad.II, dt. 27.08.2021 of the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs, the respondents have decided to continue 2118 temporary posts of Assistant Commissioner of Customs and Central Excise (now Assistant Commissioner of Customs and Indirect Taxes) and the Central Board of Indirect taxes and Customs is the competent authority to conduct DPC for the said posts and is in the exercise of granting promotion from the grade of Superintendent to Assistant Commissioner.

3.3. The applicant submit that they had submitted detailed representations dt. 18.05.2022 through proper channel to the 2^nd respondent to grant promotion to the grade of Assistant Commissioner against the vacancies that arose from 19.04.2017 extending the benefits of the 4% reservation for Persons with Benchmark Disabilities at the earliest. However, the respondents have not taken any concrete action in pursuance of the representation of the applicants.

3.4. It is submitted that the applicant in OA 55/2023, Mr. L. Vijayaraghavan had approached the UPSC through Right to Information Act regarding the action taken by the UPSC for implementing the 4% reservation for Persons with Benchmark Disabilities in promotion to the post of Assistant Commissioner o