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 the, 11/6/2012.
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, via gservants.com
No comments:
Post a Comment