PwD Employees Can't Be Denied Reservation In Promotion Due To Absence Of Rules: Punjab & Haryana High Court

Observing that the State, which is supposed to act as a parent to its employee becomes a "reluctant roadblock" instead, the Punjab & Haryana High Court directed Haryana Government to reconsider the case of a PwD employee for promotion to the post of Deputy Forest Ranger.Justice Sandeep Moudgil said, "It is a somber observation that despite the shield of beneficent legislation forged to safeguard the dignity and promise of persons with disabilities the journey to justice remains an arduous pilgrimage. A statute born of compassion should be a sanctuary, not a promise perpetually deferred."No one should have to beg a court to enforce a right that the law has already clearly granted them. This kind of delay isn't just a bureaucratic issue but it goes against the very spirit of fairness and equality that our legal system is supposed to stand for, the Court added.The petitioner, appointed as a Forest Guard on compassionate grounds in 1996, contended that despite being a person with benchmark disability, he was never considered for promotion under the Persons with Disabilities quota. He also assailed the order dated March 11, 2026, whereby he was reverted to the post of Forester following withdrawal of his notional appointment.The Court noted that haemophilia is a recognised “specified disability” under the Rights of Persons with Disabilities Act, 2016, and that the petitioner fulfilled all eligibility conditions for promotion at various stages of service. It held that denial of consideration under the PwD quota since 2006 constituted a continuing wrong, adversely impacting his entire career progression.Rejecting the State's contention that absence of rules precluded grant of reservation in promotion, the Court reiterated that statutory rights cannot be defeated by executive inaction. It relied on Supreme Court cases including Rajeev Kumar Gupta v. Union of India and State of Kerala v. Leesamma Joseph to underscore that reservation in promotion for persons with disabilities is an enforceable right flowing from legislation.The Court further held that limiting reservation only to initial recruitment would defeat the legislative mandate and lead to stagnation and frustration among disabled employees. It emphasised that equality under Articles 14 and 16 of the Constitution requires substantive equality, including reasonable accommodation and affirmative action.Importantly, the Court found that the impugned reversion order failed to consider the petitioner's independent statutory claim for reservation in promotion, rendering it arbitrary and legally unsustainable.Criticising the approach of the State, the Court remarked that when the State, expected to act as a “parent” to its employees, becomes a “reluctant roadblock,” it undermines fairness and equality, forcing individuals to litigate for rights already guaranteed by law.Allowing the petition, the Court set aside the impugned order to the extent it ignored the petitioner's entitlement under the PwD quota. It directed the authorities to reconsider his case for promotion from the dates of eligibility and grant notional promotions with all consequential benefits.The Court also ordered payment of arrears with 6% interest and directed compliance within four months.Mr. Abhijeet Singh Rawaley, Advocate for the petitioner.Mr. Deepak Balyan, Addl. AG HaryanaClick here to read order

PwD Employees Can't Be Denied Reservation In Promotion Due To Absence Of Rules: Punjab & Haryana High Court

Aiman J. Chishti

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