E-Paper
HC gives Haryana six months to finalise promotion policy for differently-abled employees
The Punjab and Haryana high court has directed the Haryana government to frame a policy as expeditiously as possible, but not later than six months on the promotional avenues to differently-abled employees
The Punjab and Haryana high court has directed the Haryana government to frame a policy as expeditiously as possible, but not later than six months on the promotional avenues to differently-abled employees.
The court has disposed of an appeal filed by the state government in which it had challenged the October 2018 order of the commissioner for persons with disability, Haryana on pleas demanding 3% reservation to differently-abled persons as provided under the Rights of Persons with Disabilities Act, 2016 be implemented.
When confronted with provisions of the 2016 law during the hearing, the government, during the hearing, had told court that it is ready to implement the order but demanded that directions be clarified to mean that the same are merely recommendatory in nature and should be considered while framing the policy.
The complainant’s lawyer had agreed to the state’s viewpoint but demanded that the government should, however, frame the policy in a certain time-bound schedule as the benefits are being denied to deserving people.
In 2018, the commissioner for persons with disability had ordered implementation of 2016 law. It was reported in the order that fixed roster points are not required in case of promotion to differently-abled persons and it would be appropriate to prepare the seniority list of the presently serving differently-abled persons cadre-wise to give reservation in promotion.
It was further recorded that the right of promotion to differently-abled persons is not a limited right. The promotion benefit will follow with all benefits of promotion i.e. pay hike, seniority, etc.
It was also stated that the benefit of reservation in promotion should also be available to employees who have not been appointed under the reservation category of differently-abled persons but became differently-abled during the course of employment.
Also, the person becomes eligible for promotion from the date of submission of disability certificate. The benefit of reservation in promotion is not limited for once and has to be given in each cadre to give effect of 3% reservation, the 2018 order had recorded.
The court disposed of the plea with a limited clarification that the 2018 order being perceived as directions are merely recommendatory in nature and not mandatory.
“Being observations, shall not be construed to mean that the State shall simply ignore the same. It is expected of the competent authority to consider the said recommendations and in case the same are not accepted, give reasons thereof,” the court said, giving six months’ time for a policy to be put in place.
