Persons with disabilities could be promoted to Group A & B posts; Maha govt to frame policy soon

Additional government pleader AM Deshpande informed the two-member HC benc last Friday that at present, no policy is in place to provide for reservation in promotion to PwD in Group A and Group B posts, but soon an appropriate decision would be taken in consultation with the central government.

Maharashtra government has informed a Nagpur bench of the Bombay high court (HC) that a policy is likely to be framed soon for extending the benefit of reservation in the promotion to persons with disabilities (PwD) in Group A and Group B posts.

Ravindra Ukey had moved the HC seeking orders to the state government to promote him to a Group B post on the basis of a minimum of 3% reservation prescribed for PwD under Section 33 (HT photo)

Additional government pleader AM Deshpande informed the two-member HC bench, comprising Justices Sunil Shukre and SM Modak, last Friday that at present, no policy is in place to provide for reservation in promotion to PwD in Group A and Group B posts, but soon an appropriate decision would be taken in consultation with the central government.

He was responding to a petition filed by Ravindra Ukey, who is serving on a Group C post, as an extension officer in Nagpur Zilla Parishad. He had moved the HC seeking orders to the state government to promote him to a Group B post on the basis of a minimum of 3% reservation prescribed for PwD under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

He claimed that in 2016, the Supreme Court (SC) had recognised the right of PwD to a reservation in promotion, and as a result, he was entitled to be elevated to a Group B post.

The HC, however, observed that the apex court itself has held that before the reservation under Section 33 to an extent of a minimum 3% comes into operation, the government must complete the exercise for identification of the posts suitable for appointment of PwD.

“It is clear that unless the identification exercise as prescribed under Section 32 of the Act is over, the mandate of Section 33 providing for reservation of not less than 3% in various posts for persons with disabilities cannot come into operation,” the HC added.