Maharashtra Government to Make Promotion Rules for PwDs
Bombay High Court - Nagpur Bench has said that PwDs have the right to be promoted to Group A and B posts and are entitled to 3% reservation.
A man named Ravindra Ukey is working on a Group C post as an extension officer in Nagpur Zilla Parishad.
He had had applied in the Bombay High Court - Nagpur Bench asking the Court to order the state government to promote him to a Group B post on the basis of a minimum of 3% reservation prescribed for PwD under Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. In response to his petition, Additional government pleader AM Deshpande informed the two member HC bench of Justices Sunil Shukre and SM Modak that currently there is no policy to provide reservation in promotion to PwD in Group A and Group B posts. But soon a decision would be taken in consultation with the Central government.
Maharashtra government has informed a Nagpur bench of the Bombay high court that soon a policy would be framed to extend the benefit of reservation in the promotion to persons with disabilities (PwD) in Group A and Group B posts. Ravindra Ukey claimed that in 2016, the Supreme Court (SC) had recognized the right of PwD to a reservation in promotion and so he has the right to be elevated to a Group B post. However the HC said that the apex court (SC) had also said that before the reservation under Section 33 of a minimum 3% is followed, the government must complete the identification of the posts suitable for appointment of PwD. It is clear that unless the identification exercise as prescribed under Section 32 of the Act is over, the mandate of Section 33 providing for reservation of not less than 3% in various posts for persons with disabilities cannot come into operation.”
