RBE No.06/2024 Reservation in promotion to Persons with Benchmark Disability (PwBDs)

Ref. (i) Board’s letter No. E(NG)I/2019/PM4/8 dated 01.07.2022.
(ii)DOP&T’s OM No. 36012/1/2020-Estt. (Res.-II) dated 28.12.2023.
(iii) DOP&T’s OM No. 36012/1/2020-Estt. (Res.-II) dated 17.05.2022.
(iv) Ministry of Social Justice and Empowerment’s notification No. 38 16/2020-DD-III dated 04.01.2021
(v) Board”s letter No. E(NG)II/2017/RC-2/1/Policy dated 27.02,2019.

1. The matter regarding reservation in promotion for Persons with Benchmark Disabilities -PwBDs had been under litigation before various courts of law for quite some time, and the Honble Supreme Court, in its order, dated 18.07.2023, has directed that “Though it is pointed out that the judgement of this Court of which breach is alleged, has been complied with effect from 15.7.2023, the fact remains that the judgement is of 30.6.2016 directing the respondents to implement the 1995 Act. Therefore, the respondent will have to consider of giving at least notional promotion to those who are eligible from an earlier date.”

2. Accordingly, Department of Personnel and Training in consultation with the Department of Legal Affairs have issued detailed instructions vide their OM No. 36012/1/2020- Estt.(Res. II) dated 28.12.2023 (copy enclosed) for providing notional Promotions to PwDs candidate w.e.f. 30.06.2016, in posts and services of the Central Government, as defined under Section 2(r) of the said Act, notified by the Department of Empowerment of Persons with Disabilities-DEPWD.

3. The matter has been considered by the Board and it has been decided that instructions issued by DOP&T vide their OM under reference may be made applicable mutatis mutandis for grant of notional promotions to the PwD candidates w.e.f. 30.06.2016 in the non gazetted posts of Indian Railways as identified vide Ministry of Social Justice and Empowerment’s notification No. 38-16/2020-DD III dated 04.01.2021 and Board’s letter E(NG)II/2017/RC 2/1/Policy dated 27.02.2019.