Reservation in promotion to Persons with Benchmark Disabilities (PwBDs) -reg
No. SC-12/9/2022 SCT-DOP Government of India Ministry of Communications Department of Posts
Dak Bhawan, Sansad Marg, New Delhi-110001
Date: 09-01-2024
To
1. All Chief Postmasters General, 2. Director (RAKNPA, Ghaziabad), 3. CGM, PLI Directorate, 4. All Directors, Postal Training Centres
Subject: Reservation in promotion to Persons with Benchmark Disabilities (PwBDs) -reg.
Madam/ Sir,
I am directed to forward herewith a copy of Department of Personnel & Training O.M. No. 36012/1/2020-Estt (Res-ll) dated 28.12.2023 on the subject cited above for information and urgent action.
2 With the issue of DoPT OM dated 28.12.2023 referred to above, this Directorate’ letter of even number dated 14.09.2022 issued consequent upon DoPT OM dated 17.05.2022 stands superseded.
3. Circles are requested 1o bring this order to the notice of their Liaison Officers for PwDs so that quick implementation of these instructions is ensured.
Yours faithfully
prabha Shama
Date: 09-01-2024 12:54:36
Reason: Approved
(Prabha Sharmat)
Assistant Director General (PE- & SCT)
Encl: As above.
Copy to:
i. PSO/ Sr. PPS to Secretary (Posts) ii. Sr. PPS to Member (Personnel) iii. Dy. Director General (Personnel), Dak Bhawan, New Delhi. It is requested to issue necessary guidelines, if required to all the Circles with respect to Para 5 of the DoPT OM dated 28.12.2023 specially in connection with conducting of review DPCs/ LDCE. iv. Dy. Director General (VP & DE), Dak Bhawan, New Delhi v. Chief Engineer (Civil), Postal Directorate vi. Director (Staff)/ Director (SPN)/ Director (DE), Dak Bhawan vii. ADG (Admin), Postal Directorate. It is requested to upload it on e-office portal/ dashboard.
vii. GM (CEPT), Mysore with a request to upload it on India Post website under Employee Corner - "Circulars, Rules and Latest Orders”
No. 36012/1/2020-Estt (Res-II)
Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training
North Block, New Delhi,
Dated the 28th December, 2023.
OFFICE MEMORANDUM
Subject: Reservation in promotion to Persons with Benchmark Disabilities (PwBDs) regarding.
The undersigned is directed to say that the Hon'ble Supreme Court, vide its Judgement dated 30.6.2016, in the WP(C) No.521/2008, titled 'Rajeev Kumar Gupta Vs. UOI had directed the Government to extend three percent reservation to PWD in all identified posts in ‘Group A and Group B, irrespective of the mode of filling up of such posts. However, subsequently the Hon'ble Supreme Court, vide its Order dated 3.2.2017, in the Civil Appeal No. 1567/2017 titled ‘Siddaraju Vs, State of Karnataka & Ors.' referred to the prohibition made against reservation in promotion as laid down by the majority in Indra Sawhney & Others v. Union of India & Others (1992) and observed and held that its Judgement dated 30.6.2016 in Rajeev Kumar Gupta needed to be considered by a larger Bench. However, the Hon'ble Supreme Court finally disposed of the Siddaraju matter vide its Judgement dated 14.1.2020 and held that its Judgement in Rajeev Kumar Guptawould bind the Union and State Governments and it must be strictly followed.
2. However, the Union of India needed some clarification with regard to the implementation of the Hon'ble Supreme Court Judgement dated 30.6.2016 and 14.1.2020, and, therefore, Application for Clarification was filed by the UOI before the Hon'ble Supreme Court seeking clarification which inter alia included whether the vacancies for promotion for PwDs would be computed only on the basis of the vacancies against the identified posts or against the vacancies in both identified and non-identified posts and whether the judgement dated 14.1.2020 needs to be implemented on the basis of PwD Act, 1995 or RPWD Act, 2016. Hon'ble Supreme Court disposed of this Application for Clarification vide its Order dated 28.9.2021 directing the Government of India to issue instructions regarding reservation in promotion as provided in Section 34 of the RPWD Act, 2016.
3. Proviso to Section 34 of the RPWD Act, 2016 provides that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time. Accordingly, DoPT vide its OM of even number dated 17.5.2022 issued detailed instructions for extending the benefit of reservation in promotion to PwDs Up to the lowest rung of Group A’ in posts and services under the post may affect the inter-se-seniority of the officials in various grades. Due to this, there may be cases in which some officials may have to be placed in a select list/seniority list, subsequent to the year of their existing/present seniority list/select list. This may have a chain effect as it may result in revision in seniority lists in subsequent years in many cases which may cause administrative Inconvenience. In order to avoid such situation, 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, ill 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.