IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-15259-2024 DECIDED ON:01.12.2025 BHIM SINGH .....PETITIONER VERSUS STATE OF HARYANA AND ORS .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Abhijeet Singh Rawaley, Advocate for the petitioners.

Mr. Deepak Balyan, Addl. AG, Haryana SANDEEP MOUDGIL, J (ORAL)

Prayer:

1. This petition under Article 226/227 of the Constitution of India seeking Quashing of the impugned order dated 16.04.2024 (Annexure P-4) passed by respondent No.1 whereby the claim of the petitioner has been dismissed illegally and without appreciating the facts and circumstances with furthe prayer to direct the respondents to promote the petitioner as Forest Guard w.e.f. 2003 and as Forester w.e.f. 2013 under the 3% Physically Handicapped quota, with all consequential benefits including arrears, pay fixation and seniority.

Factual Matrix :

2. The petitioner is an employee of the Forest Department, Government of Haryana, and is visually impaired. He was appointed as Mali on 12.06.1998. As per the applicable service rules, the next promotional post in the cadre is Forest Guard. The petitioner became eligible for consideration to that post in the year 2003. He was promoted as Forest Guard on 13.08.2007 after the Government granted relaxation of certain conditions prescribed under the Rules.

3. The next promotional post in the hierarchy is Forester. Under the Haryana State Forest Employees Group ‘C’ Service Rules, the post requires ten years’ experience as Forest Guard and completion of Forest Guard training. The petitioner became eligible for consideration in the year 2013. On 23.11.2021, the Government granted relaxation from the mandatory training requirement, and he was promoted as Forester with effect from the same date.

4. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (in short as 1995 Act) provides for 3% horizontal reservation, including 1% for persons with blindness or low vision. The State Government issued instructions dated 11.07.2023 providing that reservation in promotion for persons with disabilities would apply for the period from

01.01.1996 to 18.04.2017.

5. Earlier, in CWP No. 15215 of 2023, this Court permitted the petitioner to submit a representation before the competent authority regarding his claim for promotion from the dates of eligibility. The representation dated 25.09.2023 (Annexure P-3) was considered by the Additional Chief Secretary, who, by order dated 16.04.2024 (Annexure P-4), declined to grant retrospective effect to the petitioner’s promotions. The order records that the relaxations granted by the Government operated prospectively and that field-level posts in the Forest Department require physical fitness and visual capacity.

6. The present writ petition challenges the order dated 16.04.2024 (Annexure P-4) and seeks directions for grant of promotion to the posts of Forest Guard from 2003 and Forester from 2013, together with consequential benefits.

Contentions:

On behalf of the petitioner:

7. Learned counsel appearing on behal of the petitioner has submitted that the statutory framework under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 mandates reservation in promotion for persons with benchmark disabilities and that 1% of the quota is earmarked for persons with blindness or low vision. It is urged that the petitioner was the only visually impaired employee in the feeder cadre and that the benefit of reservation should have been extended from the dates on which he first became eligible for consideration, namely the years 2003 for the post of Forest Guard and 2013 for the post of Forester.

8. It is further submitted that the instructions issued by the Government of Haryana on 11 July 2023 for grant of reservation in promotion under the 1995 act expressly stipulate that horizontal reservation in promotions for persons with disabilities who are