No. 36012/1/2020 -Estt. (Res-II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
ESTT. (Estt. Reservation-II)

North Block, New Delhi
Dated 26 April, 2023

OFFICE MEMORANDUM

Subject:- Litigation involving reservation in promotion to Persons with Benchmark Disabilities (PwBD) -regarding

The undersigned is directed to say that in pursuance of the Order, dated 28.9.2021 delivered by the Hon’ble Supreme Court of India in the ‘Application for Clarification’ in the matter of ‘Siddaraju vs. State of Karnataka’ in the Civil Appeal No.1567/2017 and in pursuance of the provisions contained  in Section 34 of the Rights of Persons with Disabilities Act, 2016, this Department has issued detailed guidelines for providing reservation in promotions to Persons with Benchmark Disabilities (PwBDs) vide O.M. No.36012/1/ 2020-Estt (Res.-II), dated 17.5.2022. However, before the issuance of the aforesaid O.M., dated 17.5.2022, certain contempt petitions had been filed by some affected parties.  In addition, there are certain Orders given by Hon’ble High Courts and Hon’ble Supreme Court of India directing the Government to implement their orders in the matter of reservation in promotion for PwBDs. There may be some other cases also which may have been filed by the affected parties in various Courts before the issuance of the aforementioned O.M., dated 17.5.2022, and some directions might have been issued by different courts which have not been brought to the notice of this Department.

2. It is stated that the judgment/orders given by the Hon’ble Courts are required to be complied with within the time frame given by the Hon’ble Courts.  In case, any Department finds any difficulty in implementing the order of the Hon’ble Court, the Department is required to consult the Department of Legal Affairs in the matter and file a suitable affidavit before the Court of Law within time bringing out the difficulties being faced by it in implementing the said order. However, it is not appropriate to neither implement the Order of the Hon’ble Court nor to bring it to the notice of the Hon’ble Court within the time frame indicating the difficulty in implementing the order in such case. In one such case, it has come to the notice of this Department that neither the order of the Hon’ble Court was implemented nor any legal remedy was sought on the said order, which invited the displeasure of the Hon’ble Court.

3. In view of the above, all the Ministries/ Departments of the Government of India, including their attached/ subordinate offices, CPSEs, autonomous bodies and other organizations are requested to ensure that all such cases, where the Hon’ble Court has given some directions, may be examined for implementation of the same and in case of any difficulty  in implementing such orders of the Hon’ble Courts, appropriate legal remedy may be obtained in consultation with Department of Legal Affairs within the time frame provided by the Hon’ble Court and submit an affidavit before the Hon’ble Court explaining the difficulty in implementing the orders passed by the Hon’ble Court.

4. It is also stated that this Department has issued instructions to all the Ministries/ Departments regarding handling of Court cases by them, vide OM No. 28027/1/2016-Estt. A.III, dated 16.03.2016 (copy enclosed). It is reiterated that the Department of Personnel and Training is the nodal Department that formulates policies on service matters and issues instructions on reservation matters from time to time. These instructions are to be followed by the Ministries/ Departments of the Central Government scrupulously. All the Court cases filed by employees have to be defended on the basis of the facts available with the Administrative Ministry/ Department concerned, keeping in view the instructions issued on the subject by this Department. Attention is also invited to the Cabinet Secretariat’s D.O letter, dated 25.02.1994, and 16.06.2016 (copies enclosed), addressed to all the Secretaries to the Government of India, requesting that a common counter reply may be filed in each case, unless otherwise directed by the Court, so that the different Departments do not take divergent positions/individual interpretation in court cases.

5.       This issues with the approval of Secretary (P).

Encls. As above.

(Sign of Authority)
Debabrata Das
Under Secretary to the Government of India

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Latest DoPT Orders 2023

F.No.21/1/2022 -CS.1(S)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

2nd Floor, A Wing, Lok Nayak Bhawan, Khan Market
New Delhi, the 26th December, 2022

OFFICE MEMORANDUM

Subject: Recommendations received from the Hon’ble Court of Chief Commissioner for Persons with Disabilities on the representation dated 24.05.2022 of Shri Vishnu S. Nair, Section Officer, CSS requesting for posting to native place i.e. Ernakulam Distt., Kerala.

The undersigned is directed to say that Shri Vishnu Nair (PWBD with 85% hearing disability in both ears, a regular Section Officer of the Central Secretariat Service and presently posted in the Ministry of Micro, Small and Medium Enterprises (MSME) had requested for posting in his native place i.e. Ernakulam Distt., Kerala due to his hearing disability. As there is no CSS cadre post in Ernakulam district, this Department is unable to post him near his hometown.

2. He had also approached Commission for Persons with Disabilities (CCPD) for its intervention to arrange for his posting in any Govt. organisation near his home district.

3. In this connection, the Hon’ble Chief Commissioner for Persons with Disabilities (CCPD) in her Order dated 30.11.2022 has recommended that this Department would write to all Central Government establishments situated in Kerala in order to explore the possibility of his transfer to Kerala where hometown of the complainant is situated.

4. Accordingly, all the Ministries/Departments of Government of India are requested kindly to explore possibilities of posting of Shri Vishnu Nair in any of the attached/regional offices/autonomous bodies under their administrative/cadre control located in the state of Kerala in general and in Ernakulam district in particular within the existing rules of the organisation so as to help Sh. Nair, Section Officer work near his hometown and stay with his family.

(Rajeev Nayan)
Under Secretary to the Govt. of India

Encl: As above.

To

All the Ministries/Departments of Government of India
(As per list attached)

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Latest DoPT Orders 2022

No. 36035/02/20 17 – Estt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi.
Dated Sep 27, 2022

Office Memorandum

Subject: Reservation for Persons with Benchmark Disabilities – Clarification with regard to the concept of own merit.

The undersigned is directed to refer to Para 4.2 of the OM of even number, dated 15.1.2018 and Para 7.2 of OM No. 36012/1/2020 – Estt(Res.-II), dated 17.5.2022, which, inter alia, states that the Persons with Benchmark Disability (PwBD) selected without relaxed standard, along with other unreserved candidates, will not be adjusted against the vacancies reserved for them and that the vacancies reserved for PwBDs will be filled up separately from amongst the eligible PwBD candidates who are lower in merit than the last unreserved candidate in merit list but otherwise found suitable for appointment, if necessary, by relaxed standard.

2. Queries have been received in this Department, from time to time, on the following three aspects: –

• whether PwBD candidates who have qualified on their own merit without any relaxed standard should be appointed against the vacancies not reserved for PwBDs, i.e., against the unreserved vacancies which will be in addition to the vacancies earmarked for PwBD category candidates;
• whether the facility of a scribe availed by a PwBD candidate, along with the compensatory time, shall be treated as relaxed standard; and
• whether the disability a PwBD candidate is suffering from, shall be treated as relaxation in medical standard, which will disable him from being treated as own merit category.

3. In this connection, it is also pertinent to mention that this Department had constituted a Committee which deliberated upon the above three aspects, particularly in respect of Civil Services Examination (CSE), and recommended, inter-alia, the following:

• the ‘own merit’ concept for PwBD category candidates should be implemented in CSE, in accordance with Establishment (Reservation) Division’s OM No.36035/2/2017 -Estt(Res), dated 15.01.2018.
• The facility of scribe, extra-time and relaxation in medical standards available to PwBD category candidates should not be treated as ‘relaxed standard’.

4. Accordingly, the following clarifications are issued: –

• In line with the spirit of the O.M. No.36035/2/2017- Estt(Res.), dated 15.1.2018, and O.M. No.36012/1/2020- Estt (Res-II), dated 17.5.2022 on the subject, the concept of own merit for PwBD shall be implemented in all direct recruitment examinations, including the CSE and promotions, wherever applicable. In other words, PwBD category candidates selected without relaxed standard, along with other unreserved candidates, will not be adjusted against the reserved share of vacancies. The reserved vacancies will be filled up separately from amongst the eligible candidates with benchmark disabilities, who are lower in merit than the last unreserved candidate in general merit list, but otherwise found suitable for appointment, if necessary, by relaxed standards.
• In accordance with Para 3 of the OM No.29-6/2019-DD III, dated 10.8.2022, issued by the Department of Empowerment of Persons with Disabilities, the facility of scribe, along with compensatory time shall not be treated as relaxed standard. DoPT, in agreement with this provision, reiterates that the facility of scribe taken by a PwBD candidate, along with compensatory time, shall not be treated as relaxed standard.
• In terms of Corrigendum No. 34-02/2015/DD- III(Pt.), dated 08.02.2019, the phrase ‘extra time or additional time’ is required to be replaced by the phrase ‘compensatory time’ The spirit of the term ‘own merit’ will get defeated if the disability a person is suffering from, is treated as relaxed medical standard, as no PwBD will get the benefit of the term ‘own merit’ as stipulated in the OMs, dated 15.1.2018 and 17.5.2022 in such a scenario. Accordingly, it is clarified that disability of a person, which he is suffering from, shall not be treated as relaxed standard in medical fitness test for the purpose of ‘own merit’.

5. All the Ministries/ Departments of the Government of India are requested to bring the above instructions to the notice of all the appointing authorities under their control to provide the benefit of ‘own merit’ to the PwBDs, in accordance with these guidelines.
6. This is being issued after having consultation with the Department of Empowerment of Persons with Disabilities and the Department of Legal Affairs.
7. This issues with the approval of Secretary (p).

(S.P. Pant)
Director (Res-JI)

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