With effect from June 30, 2016, the government on Thursday issued an order allowing persons with disabilities to be given preference for promotions up to the lowest rung of Group A posts in the central government.
The Supreme Court’s initial ruling, which stipulated that PwD applicants shall be entitled to reservation in promotions regardless of whether the posts were filled through reservation or not, was made on June 30, 2016.
PwD candidates have been battling for the right to reservations in promotions for almost ten years, and the case has been heard by several Supreme Court benches. The government released regulations to put the right to reserve in promotions into effect after the court ultimately upheld it in a 2021 judgement.
But in 2023, a petitioner claimed that the court’s orders were not being followed and went to the highest court with a contempt suit. In July this year, the court had ruled, “Though it is pointed out that the judgement of this Court of which breach is alleged, has been complied with effect from 15.7.2023, the fact remains that the judgement is of 30.6.2016 directing the respondents to implement the 1995 Act. Therefore, the respondent will have to consider of giving at least notional promotion to those who are eligible from an earlier date.”
Therefore, it was agreed to offer PwD applicants notional promotion with effect from June 30, 2016, according to the Department of Personnel and Training (DoPT), which stated that conversations had been undertaken with the Department of Legal Affairs.
The applicants who will become eligible for this promotion on a notional basis, however, will not get any financial arrears from the day they became eligible after they take over their promoted post, according to the guidelines released by the DoPT.
The Office Memorandum said, “No financial arrear will be admissible to them for the period from the date on which they get the benefit of notional promotion and the date on which they actually assume or have already assumed the charge of such promoted post.”
The DoPT added that allowing notional promotion for candidates between the June 30, 2016 cut-off and the date they assumed the charge would result in an overhaul of the seniority list altogether. In order to avoid this situation, the Department said, “Supernumerary posts may be created to adjust the lien of such PwD employees with effect from the date on or after 30.6.2016, when they become eligible to get the benefit of reservation in promotion, till the availability of vacancy in which the promotion is to be made or till they vacate the post on their retirement, further promotion etc. whichever is earlier.”
“The creation of supernumerary post, as stated above, will be personal to the PwD employee who is given the benefit of reservation in promotion on notional basis and such supernumerary post will stand abolished on the date when such PwD employee is adjusted against available vacancy in the grade in which the promotion is given or when that PwD employee vacates the post on his/her retirement, further promotion etc., whichever is earlier,” the order said, further advising Ministries and departments to prepare a proposal with their respective requirements for supernumerary posts for submission to the Department of Expenditure.
The DoPT added that the system of notional promotions is not to adversely affect the promotions of PwD candidates who have already availed the benefit of reservation in promotion in pursuance of various court judgments.
