Three per cent quota in government service for the disabled is only for initial appointments not for Promotions-Madras High Court

At first we should go through the DoPT OM No 36035/4/2010-Estt (Res) dated  01-08-2011:

No 36035/4/2010-Estt (Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi Dated 1st August 2011

OFFICE MEMORANDUM

Subject: Consideration of persons with disabilities for promotion against unreserved vacancies-reg.

The undersigned is directed to say that representations have been received stating that some Ministries/Departments etc. do not consider the persons with disabilities for promotion to Group ‘A’ and Group ‘B’ posts, even if such posts are identified suitable for them, on the ground that there is no reservation for persons with disabilities in the matter of promotion to such posts. In this regard, attention is invited to para 6 of this Department’s OM No. 36035/3/2004-Estt (Res) dated 29th December, 2005, which provides that a person with disability cannot be denied the right to compete for appointment against an unreserved vacancy in a post identified suitable for persons with disability of the relevant category. It is hereby clarified that if promotions are made to a Group ‘A’ or Group ‘B’ post, which is identified suitable for persons with disability of a specific category, the persons with disability of relevant category in feeder grade, if any, shall be considered for promotion to the post by applying the same criterion as applicable to other persons.

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Three per cent quota in government service for the disabled is only for initial appointments not for Promotions-Madras High Court

Three per cent quota in government service for the disabled is only for initial appointments, and the government cannot be directed to extend it for promotions, ruled the Madras High Court on Monday.

Dismissing a petition seeking a direction to the government to reserve three per cent for promotions to physically handicapped persons, Justice K. Chandru said: “The provisions are contemplated only for initial appointments and not for promotions. The petitioner has not made out any case to seek a direction to provide for reservation for the disabled persons in the matter of promotions in respect of State services.”

The writ petition was filed by the South Arcot Vallalar District Handicapped Welfare Association, represented by its president S. Shanmugam, seeking reservation for the disabled in promotions. If suitable employees were not available in a particular year, the unfilled posts could be carried over for the next three succeeding years.

When the matter was heard, the State Commissioner for the Disabled stated that there was no government policy to reserve three per cent of posts in promotions to be filled from the disabled category.

The disabled persons were considered only for the direct recruitment posts under three per cent reservation as per a G.O issued in 1981. Promotions were made in government departments based on seniority or transfer of service.

Mr. Justice Chandru said it could be seen from the G.O. that reservation for disabled persons was only horizontal and not vertical as contemplated in Article 16 of the Constitution.

He said that even in respect of the Scheduled Castes and Scheduled Tribes, it was only by virtue of amendments made to the Constitution and by introduction of Article 16(4A) that the State had been empowered to make provision for reservation in promotion to any class or classes of posts in the service

source: The Hindu