SC for promotion reservation of differently abled

The Supreme Court on Friday held the differently abled persons should be given reservation in promotion, while expressing dismay that successive governments had failed to implement the law to protect the rights of disabled in letter and spirit.

The Supreme Court on Friday held the differently abled persons should be given reservation in promotion, while expressing dismay that successive governments had failed to implement the law to protect the rights of disabled in letter and spirit.

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A bench headed by Chief Justice RM Lodha dismissed the Centre’s appeal challenging December 2013 Bombay high court order, directing the government to grant reservation in promotion even to the differently abled. The Centre said the mandatory 3% reservation was being given at the recruitment level.

“The problem is you do everything to frustrate the purpose of the law. You are giving a very narrow interpretation to the term appointment, which is not just by way of recruitment but also promotion and deputation,” the bench said.

Additional Solicitor General Pinky Anand, appearing for the Centre, contended that reservation cannot be given in case of promotion to Group A and Group B officers category as it was not a case of appointment.

The government told the court that there was no problem in giving reservation to these people in group C and D category of services and it was not applicable to group A and B categories.

The court said, “For the last 19 years it is not being implemented and the class, for which the legislation was made, had not got benefited as it should have."