SC Issues Contempt Notice On Plea Alleging Non-Implementation Of PwD Reservation Quota In Promotions [Read Petition]

A bench comprising Justices RF Nariman, Navin Sinha and Indira Banerjee has issued notices to the Central Government and its concerned departments on the petition filed by three persons of the PwD category, presently holding the position of Inspector of Central GST & Central Excise, who were denied promotion to the grade of Superintendent, by an order of the Chairman, Central Board of Indirect Taxes & Customs.

The Petitioners, represented by Advocate Ashwani Kr. Dubey, have averred that such denial is contrary to the Supreme Court's decision in Rajeev Kumar Gupta & Ors. v. Union of India & Ors., (2016) 6 SCALE 417, which provides for reservation in promotion to the Persons with Disabilities in all identified posts in Group A and Group B.

Significantly, this decision was recently upheld by the a three-Judge bench of the Top Court, also led by Justice RF Nariman— Reservation In Promotion For Persons With Disability (PWDs) Not Prohibited: SC Upholds 2-Judge Bench Decision

The Petitioners have averred that the decision of the Respondent-authority, holding that "the grade of Superintendent of Central GST & Central Excise is not an "identified post" for PWD category" is also contrary to the Notification dated 29.07.2013 issued under the authority of the Ministry of Social Justice & Empowerment which stipulates,

"If a post is already held by a person with disability, it should be deemed to have been identified, and if a post is identified in the feeder grade, the posts in the promotional grade should also stand identified."

In this backdrop it is asserted that since the post of Superintendent of Central GST & Central Excise is not a Direct Recruitment Post but a 100% promotion post from the feeder cadre of Inspector on Central GST & Central Excise, the same is covered under the abovementioned Notification.

Thus, it is argued that the impugned decision of the Respondent-authority, that post of Superintendent of Central Excise is not an identified post for PwD, is illegal and devoid of any merit.

It is asserted that the Respondent-authority issued a tentative list of officers in the Inspector grade, who are eligible for consideration for promotion to the Superintendent grade, for the vacancy year 2020, without considering the Petitioners' application, in "deliberate ignorance" of the judgment providing for reservation in promotions to the PwD.

It is therefore prayed that the Respondent-authorities be held liable for contempt of court and further, they be directed to grant due promotion to the petitioners under PwD Category from the grade of Inspector of Central GST & Customs to the grade of Superintendent of Central GST & Central Excise with notional benefits w.e.f. dates of their eligibility and seniority.

Petition drawn by Advocate Sandeep Kumar Mishra

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