Persons with disabilities could be promoted to Group A, B posts, state to frame policy soonUpdated: Jul 14, 2020 00:43 IST
Maharashtra government will soon frame a policy for extending benefit of reservation in promotion to persons with disabilities (PwD) in Group A and Group B posts, an official informed the Nagpur bench of the Bombay high court on Friday.
Additional government pleader AM Deshpande informed the bench of justice Sunil Shukre and justice SM Modak that as of now 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 will be taken for providing reservation in the promotion to PwD category 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 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 persons with disabilities under section 33 of the Persons with Disabilities (equal opportunities, protection of rights and full participation) Act, 1995.
He claimed that in 2016, Supreme Court had recognised the right of PwD to reservation in promotion, and therefore, he was entitled to promotion to a Group B post.
HC, however, noticed that the Supreme 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.
“So, it is clear that unless the identification exercise as prescribed under section 32 of the Act, 1995 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,” said HC.
HC dismissed Ukey’s petition saying no relief can be granted to the 50-year-old extension officer, as the promotional posts for PwD category have not been identified in Maharashtra as yet.