Candidates With Benchmark Disabilities Quota Entitled To Promotion Under 4% Reservation Provided In Disabilities Act: Gauhati HC
|The Gauhati High Court held that candidates with a benchmark disability quota are entitled to a promotion under the reservation as provided in the Disabilities Act.
The Court directed the respondent authorities to consider the promotion of the Petitioner to the post of Assistant Engineer (Civil) under the 4% reservation for persons with benchmark disabilities under the Rights of Persons with Disabilities Act, 2016 (the Act).
A Single Bench of Justice Kardak Ete directed, “It is directed that the respondent authorities shall consider the case of the petitioners for promotion to the post of Assistant Engineer (Civil) post the filing of present writ petitions particularly, with effect from the year 2021 as the authorities, at the relevant point of time, have promoted as many as 83 (eighty three) numbers of Junior Engineers (Civil) to the rank of Assistant Engineers (Civil) without adhering to the mandate of law.”
Advocate D Borgohain appeared for the Petitioner, while Senior Government Advocate D. Nath represented the Respondents.
The Petitioner was appointed as a Junior Engineer (Civil) under the Assam Public Works Department and was later issued a disability certificate following a diagnosis of locomotor disability.
The Petitioner contended that despite his disability and eligibility for promotion, the Respondent Authorities failed to implement the 4% reservation policy for persons with benchmark disabilities in promotions, as provided under Section 34 of the Act. The Petitioner also submitted that he was promoted on merit during promotion drives conducted in 2021 and 2022, but not under the quota for benchmark disabilities.
The High Court noted that even though the promotions from Junior Engineer (Civil) to Assistant Engineer (Civil) occurred on multiple occasions, the 4% reservation for benchmark disabilities was not implemented in any of these instances.
“Indisputably, the respondent authorities have not filled up the disability quota since the coming into force of the Disabilities Act, 2016 and in terms of the provision contained in Section 34 (2) which provides that wherein any recruitment year any vacancy cannot be filled up due to non availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it my first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a PwD,” the Court remarked.
Consequently, the Court held, “The above referred three Officers with Benchmark Disabilities having been promoted in their own merits and seniority, the quota of 4% for PwDs remained unfilled. Thus, Iam of the considered view that the petitioners being PwDs, below the officers with benchmark disability who have been promoted on their own merit and positions, ought to have been considered for promotion to the rank of Assistant Engineer (Civil).”
Accordingly, the High Court allowed the Writ Petition.
Cause Title: Dul Malla Buzar Baruah v. The State Of Assam & Ors.
Appearance:
Petitioner: Advocates D Borgohain, M Sarmah and P Gohain
Respondents: Senior Government Advocate D. Nath; Advocate P.P. Das