Employee Who Acquired Disability During Service Can Be Promoted Under Physically Handicapped Quota: P&H High Court

The Punjab and Haryana High Court has held that an employee who acquires a disability during the course of service is entitled to be considered for promotion under the physically handicapped (PH) quota.The petitioner's promotion under the PH category was denied by the State authority on the grounds that he had acquired the disability during his service and not at the time of appointment.Justice Harpreet Singh Brar said, "Section 47 of the Persons with Disabilities Act, 1955 and Section 20 of the RPWD Act, 2016 (Rights of Persons with Disabilities Act, 2016) expressly state that no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service and that no promotion shall be denied to a person merely on the ground of his disability. Further, the Hon'ble Supreme Court has clearly held that the Employer cannot draw a distinction between employees who entered service under the PH category and those who acquired disability in the course of service especially in the matters of promotion."Referring to C.H. Joseph v. The Telangana State Road Transport Corporation, 2025, the Court noted that, benefit of reservation in promotion under the PH category cannot be confined only to those who are inducted in service in the PH category. Employees such as the petitioner, who acquire disability during their service, are also entitled to be considered for promotion against the available disabled quota."A humane approach is imperative in such cases, for an employee who acquires a disability during the course of service is entitled to protection under Section 47 of the 1995 Act or, as the case may be, under Section 20 of the RPwD Act, 2016," it added.The Court was hearing a plea filed by an employee seeking direction to the Punjab State Power Corporation Ltd and other respondents to promote him as Assistant Engineer (Electrical) under the PH quota, with all consequential benefits from July 16, 2023 — the date on which his juniors were promoted.The Court pointed out that it was conveyed to the petitioner that the question of whether a person who acquired disability during service is entitled to get benefits of reservation as a PwD is still under consideration and that his case will be considered for promotion after the clarification is received from the State Government.Justice Brar opined that any clarification by the Government cannot supersede the legislative and judicial mandate in this regard." Section 47 of the 1995 Act and Section 20 of the RPWD Act, 2016 expressly state that no establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service and that no promotion shall be denied to a person merely on the ground of his disability."It also rejected the contention of the respondent authority that, Petitioner did not apply for promotion under the handicapped category."The record reflects that the Petitioner had submitted multiple representations seeking the benefit of promotion, which was in fact extended to his juniors in the PH category. Despite having several opportunities to consider the Petitioner's claim for promotion under the PH category, the Respondents failed to grant him the benefit," noted the Court.In the light of the above, the Court allowed the plea stating that, "Indubitably, the Respondents have made no denial regarding the suitability of the petitioner for the promotion. Accordingly, the Respondents are directed to grant the Petitioner promotion under the PH category, along with all consequential benefits, from 16.07.2023, i.e., the date on which the juniors of the petitioners were promoted under the PH category within a period of 8 weeks from the date of receipt of this order."Mr. Pawan Kumar Sr. Advocate with Mr. Vidushi Kumar, Advocate for the petitioner.Mr. Bhanu Pratap Singh, Advocate for respondents No.1 and 2- PSPCL.Ms. Arundhati Kulshreshtha, AAG, Punjab. Title: Jaswinder Singh v. Punjab State Power Corporation Ltd and others.Click here to read/download the order

Employee Who Acquired Disability During Service Can Be Promoted Under Physically Handicapped Quota: P&H High Court

Aiman J. Chishti

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