Three per cent quota in government service for the disabled is only for
initial appointments, and the government cannot be directed to extend it
for promotions, ruled the Madras High Court on Monday.
Dismissing a petition seeking a
direction to the government to reserve three per cent for promotions to
physically handicapped persons, Justice K. Chandru said: “The provisions
are contemplated only for initial appointments and not for promotions.
The petitioner has not made out any case to seek a direction to provide
for reservation for the disabled persons in the matter of promotions in
respect of State services.”
The writ petition was filed by the South
Arcot Vallalar District Handicapped Welfare Association, represented by
its president S. Shanmugam, seeking reservation for the disabled in
promotions. If suitable employees were not available in a particular
year, the unfilled posts could be carried over for the next three
succeeding years.
When the matter was heard, the State
Commissioner for the Disabled stated that there was no government policy
to reserve three per cent of posts in promotions to be filled from the
disabled category.
The disabled persons were considered
only for the direct recruitment posts under three per cent reservation
as per a G.O issued in 1981. Promotions were made in government
departments based on seniority or transfer of service.
Mr. Justice Chandru said it could be
seen from the G.O. that reservation for disabled persons was only
horizontal and not vertical as contemplated in Article 16 of the
Constitution.
He said that even in respect of the
Scheduled Castes and Scheduled Tribes, it was only by virtue of
amendments made to the Constitution and by introduction of Article
16(4A) that the State had been empowered to make provision for
reservation in promotion to any class or classes of posts in the service
source: The Hindu
