India
Government issues directions to boost promotions of eligible officers with disabilities | India News
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NEW DELHI: In a boost to persons with benchmark (40% and above) disabilities, the Centre has decided to grant ‘notional promotion’ to officers who were eligible for promotion from June 30, 2016, when the Persons with Disability Act, 1995, was still applicable as the Rights of Persons with Disabilities Act 2016 was enacted in December and came into force in April 2017.
The Department of Personnel and Training’s (DoPT) decision, which is in line with the Supreme Court’s directions, will ensure that these officers will get the financial benefits when they actually take charge.
The promotion on notional basis includes promotion on seniority quota as well as departmental competitive examinations. Ministries and departments have been asked to undertake an exercise to ascertain the requirement of supernumerary posts (permanent posts created under special circumstances for a limited period) and seek a nod for creation of posts. The decision to create supernumerary posts for eligible officials from June 30, 2016, has been taken to ensure that seniority of other officials is not affected. These supernumerary posts will be abolished on the day the person assumes charge on a post.
In September 2021, the SC had directed the government to issue instructions on ‘reservation in promotion’, as provided in the RPwD Act of 2016. Accordingly, on May 17, 2022, the DoPT issued instructions. In case of promotion, 4% of the total number of vacancies in the cadre strength within Group ‘C’, from Group ‘C’ to Group ‘B’, within Group ‘B’ and from Group ‘B’ to the lowest rung of Group ‘A’ were to be reserved for PwDs.
There was, however, lack of clarity with regard to those who may be eligible from June 2016 when the 1995 disability Act was in force and the SC in its judgment on June 30 this year sought that the government extend 3% reservation to PwDs in all identified posts in Group A and B categories. The SC cleared the air on the matter in an order earlier this year and now DoPT has laid out the roadmap to implement the same.
The DoPT memorandum issued on Thursday states, “PwDs in posts and services of the Central government will be considered for grant of the benefit of reservation in promotion up to the lowest rung of Group ‘A’ on notional basis with effect from June 30, 2016 subject to their fulfillment of the the eligibility conditions as laid out by the DoPT memorandum of May 2022 regarding reservation in promotion to PwDs. However, the extent of reservation in promotion may be in accordance with the relevant provisions of the PwD Act 1995 and RPwD Act of 2016.”
The Department of Personnel and Training’s (DoPT) decision, which is in line with the Supreme Court’s directions, will ensure that these officers will get the financial benefits when they actually take charge.
The promotion on notional basis includes promotion on seniority quota as well as departmental competitive examinations. Ministries and departments have been asked to undertake an exercise to ascertain the requirement of supernumerary posts (permanent posts created under special circumstances for a limited period) and seek a nod for creation of posts. The decision to create supernumerary posts for eligible officials from June 30, 2016, has been taken to ensure that seniority of other officials is not affected. These supernumerary posts will be abolished on the day the person assumes charge on a post.
In September 2021, the SC had directed the government to issue instructions on ‘reservation in promotion’, as provided in the RPwD Act of 2016. Accordingly, on May 17, 2022, the DoPT issued instructions. In case of promotion, 4% of the total number of vacancies in the cadre strength within Group ‘C’, from Group ‘C’ to Group ‘B’, within Group ‘B’ and from Group ‘B’ to the lowest rung of Group ‘A’ were to be reserved for PwDs.
There was, however, lack of clarity with regard to those who may be eligible from June 2016 when the 1995 disability Act was in force and the SC in its judgment on June 30 this year sought that the government extend 3% reservation to PwDs in all identified posts in Group A and B categories. The SC cleared the air on the matter in an order earlier this year and now DoPT has laid out the roadmap to implement the same.
The DoPT memorandum issued on Thursday states, “PwDs in posts and services of the Central government will be considered for grant of the benefit of reservation in promotion up to the lowest rung of Group ‘A’ on notional basis with effect from June 30, 2016 subject to their fulfillment of the the eligibility conditions as laid out by the DoPT memorandum of May 2022 regarding reservation in promotion to PwDs. However, the extent of reservation in promotion may be in accordance with the relevant provisions of the PwD Act 1995 and RPwD Act of 2016.”
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