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Post at: Aug 13 2021

Reservation in Promotion for Person with Disabilities (PwD)

Recent Context

  • On 28th June, 2021, Supreme Court of India has ruled that, a disable person can avail the benefit of reservation for promotion even if he /she was recruited in regular category or developed the disability after gaining employment.

Reservation in Promotion for PwD

Some Recent Judgements by Supreme Court

  • In January 2020, in the case Siddaraju vs. State of Karnataka, SC ruled that person with disability have right to promotion in reservation and affirmed 3% quota for disabled in PSUs.
  • In Rajiv Kumar Gupta & Others vs Union of India & others – (2016) SC noted that there is no prohibition against reservation in promotion for person with disabilities.
  • On 28th June 2020, In State of Kerala Vs Leesamma Joseph case, SC upheld judgement of Kerala high court and directed State government of Kerala to implement reservation in promotion for disabled within 3 months.
  • Important thing is employee should be a PwD at time of promotion to avail the disabled quota.

Conclusion

  • Responsibility to provide equal opportunities to disabled person does not end with giving them reservation at time of recruitment.
  • Therefore Legislative mandate provides for equal opportunity for career progression, including promotion.

@  Kameshwar Shukla


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