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Central Ministry departments to provide reservation in promotion to persons with benchmark disabilities

Shishir Sinha | | Updated on: May 21, 2022
4 per cent of cadre strength in Group A, B and C has been reserved for of persons with benchmark disabilities

4 per cent of cadre strength in Group A, B and C has been reserved for of persons with benchmark disabilities

Latest instructions follow a Supreme Court order

Centre has issued instructions for reservation in promotion to Persons with Benchmark Disabilities (PwBDs) prescribing 4 per cent of cadre strength in Group A, B and C.

PwBDS are persons with not less than forty per cent of a specified disability which are categorised as physical disability, visual impairment, hearing Impairment, speech and language disability, intellectual disability, mental behaviour along with disabilities caused due to chronic neurological conditions, blood disorder etc.

“In case of promotion, four per cent of the total number of vacancies in the cadre strength within Group ‘C, from Group ‘C to Group ‘B’, within Group ‘B’ and from Group ‘B’ to the lowest rung of Group ‘A’ shall be reserved for PwBDs,” instructions issued by Department of Personnel and Training said. Further, it mentioned that reservation in promotion will be applicable in the cadres in which the element of direct recruitment, if any, does not exceed 75 per cent.

This instruction is based on section related with appointment in Rights of Persons with Disabilities Act, 2016. The section (34) says every appropriate government will appoint in every government establishment, not less than four per cent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities.

Out of this, 1 per cent will be reserved for people with blindness and low vision, deaf and hard of hearing and locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy. Another one per cent will be reserved for disability categorised under autism, intellectual disability, specific learning disability and mental illness and multiple disabilities.

The same pattern will be followed in promotion too, instructions said. It also mentioned that some government departments might be exempted. However, it has been clarified: “No promotion shall be denied to a person merely on the ground of disability. Also, an employee who acquires disability, after entering into service, will be entitled to get the benefit of reservation in promotion as a PwBD.” But, no benefit of reservation will be given on the basis of temporary certificate of disability.

New instructions are based on Supreme Court’s order which it delivered in the ‘Application for Clarification’ related with matter of ‘Siddaraju vs. State of Karnataka‘. The apex court directed the Centre to issue “instructions regarding reservation in promotion as provided in Section 34 of the Rights of Persons with Disabilities Act, 2016.”

Categories

Instructions clarified that if in a Ministry/Department/Organization, a post is identified suitable only for one category of disability, reservation in promotion in that post will be given to persons with that category of benchmark disability only. However, reservation of 4 per cent for PwBDs will not be reduced in such cases and total reservation in the cadre will be given to PwBDs for which it has been identified.

Likewise, in case the post is identified suitable for two categories of disabilities, reservation shall be distributed between persons with those categories of disabilities equally, as far as possible. “It shall, however, be ensured that reservation in different posts in the establishment is distributed in such a way that the PwBDs, as far as possible, get equal/fair representation,” Instructions said.

Each of the Central Ministries and departments have been asked to furnish data on promotion of PwBDs, along with data on representation/ direct recruitment on January 1 every year.

Published on May 21, 2022
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