Govt fixes 4% reservation in promotion for Persons with Benchmark Disabilities

On Tuesday, the Centre issued directions for reservation in the promotion of Persons with Benchmark Disabilities (PwBDs), Central Government Employees in all central ministries.

The Supreme Court "ordered the government to issue directions on the reservation in promotion,' as specified in Section 34 of the Rights of Persons with Disabilities Act, 2016," in September 2021.

Section 34 of the Rights of Persons with Disabilities Act, 2016

According to section 34 of the Rights of Persons with Disabilities (RPwD) Act, 2016, every appropriate government shall appoint in every government establishment, not less than four per cent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities. Section 20 of the Act provides for non-discrimination in employment, reasonable accommodation and appropriate barrier free and conducive environment to employees with disability.

"In the event 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' shall be reserved for PwBDs," according to an order issued by the Department of Personnel and Training (DoPT) to secretaries of all central government departments.

Reservation in the promotion will apply to cadres where the proportion of direct recruitment, if any, does not exceed 75%, according to the statement.

Every government agency has been urged by the Department of Personnel and Training to select a senior person as the Grievance Redressal Officer.

According to the order, the Grievance Redressal Officer must keep a record of complaints from people with benchmark disabilities, including the date of the complaint, the complainant's name, the name of the establishment or person against whom the complaint is made, the gist of the complaint, the date of disposal, and any other information.

"Any person aggrieved by any subject connected to discrimination in promotion may register a complaint with the respective government establishment's Grievance Redressal Officer," it stated.

Every complaint must be investigated within two months of its filing, and the outcome or action is taken must be informed to the complainant or PwBD, according to the law.

According to Section 20(3) of the Rights of Persons with Disabilities Act, 2016, a person's advancement cannot be rejected solely because of their handicap, the order stated.

"Furthermore, no government entity shall dispense with or decrease in rank an employee who acquires a handicap during his or her service," it noted, citing Section 20(4) of the Act.