RBE No. 74/2022
भारत सरकार/GOVERNMENT OF INDIA
रेल मंत्रालय/MINISTRY OF RAILWAYS
(रेलवे बोर्ड/RAILWAY BOARD)
No. E(NG)I/2019/PM 4/8
New Delhi dated 01.07.2022
The General Managers (P)
All Indian Railways, Production Units.
(As per standard list).
Sub: Reservation in promotion to Persons with Benchmark Disability (PwBDs).
Ref: i) DOP&T’’s OM No. 36012/1/2020-Estt. (Res.-ITI) dated 17.05.2022.
ii) Ministry of Social Justice and Empowerment’s notification No. 38-16/2020-DD-III dated 04.01.2021.
iii) Board’s letter No. E(NG)IZ/2017/RC-2/1/Policy dated 27.02.2019.
The matter regarding reservation in promotion for Persons with Benchmark Disabilities (PwBDs) had been under litigation before various courts of law for quite some time, and the Hon’ble Supreme Court, in its order, dated 28.09.2021, delivered in the “Application for Clarification’ in the matter of ‘Siddaraju Vs. State of Karnataka’ in Civil Appeal No. 1567/2017, has directed the Government to issue instructions on ‘Reservation in Promotion’, as provided in Section 34 of the Rights of Persons with Disabilities Act, 2016.
Accordingly, detailed instructions have been issued by Department of Personnel and Training vide their OM No. 36012/1/2020-Estt.(Res.-II) dated 17.05.2022 for providing reservation in promotions to PwBDs, in posts and services of the Central Government. as defined under Section2(r) of the said Act, notified by the Department of Empowerment of Persons with Disabilities (DEPwD).
The matter has been considered by the Board and it has been decided that instructions issued by DOP&T vide their OM under reference may be made applicable mutatis mutandis for grant of reservation in promotion to PwBDs in the non gazetted posts of Indian Railways as identified vide Ministry of Social Justice and Empowerment’s notification No. 38-16/2020-DD-IIT dated 04.01.2021 and Board’s letter E(NG)II/2017/RC-2/ 1/Policy dated 27.02.2019.