Bombay High Court
National Confederation For ... vs Union Of India And 2 Ors. on 4 August, 2025
2025:BHC-OS:12663-DB
JPP 21. PIL 106.2010.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
JYOTI by JYOTI ORDINARY ORIGINAL CIVIL JURISDICTION
PRAKASH
PRAKASH PAWAR
PAWAR Date: 2025.08.05
10:53:15 +0530 PUBLIC INTEREST LITIGATION NO. 106 OF 2010
National Confederation for Development
of Disabled and Anr. ... Petitioners
V/s.
Union of India and Ors. ... Respondents
_______________________________________
None for the Petitioners
None for the Respondents
_______________________________________
CORAM : ALOK ARADHE, CJ. AND
SANDEEP V. MARNE, J.
DATE : 04 AUGUST 2025
P.C. :
1. None for the parties. Record perused.
2. Record indicates that the Public Interest Litigation was disposed
of by a Division Bench of this Court by an order dated 4 December 2013. The
aforesaid PIL was restored as per order dated 14/15 January 2020 of the
Supreme Court, passed in Civil Appeal No. 1567 of 2017.
3. In this Petition, which has been filed as Public Interest Litigation,
the Petitioners have prayed for the following reliefs :-
JPP 21. PIL 106.2010.doc
(a) Issue a writ of mandamus or any writ, order or direction
in the nature of writ of mandamus directing the Respondents to
appoint the disabled persons as per Section 33 of the PWD Act in
the Indian Administrative Services posts to be filled up by
promotion from the State Civil Services or by selection from
persons who hold gazetted posts in connection with the affairs
of the State but are not members of the State Civil Services, as
per their entitlement retrospectively from 1996 and to comply
with the said provisions hereafter.
(b) That pending the hearing and final disposal of this
petition, the Respondents be directed to appoint disabled
persons as per their entitlement under the PWD act in IAS posts
to be filled up by promotion from the State Civil Services or by
selection from persons who hold gazetted posts in connection
with the office of the State but are not members of the State
Civil Services.
(c) That pending the hearing and final disposal of this
petition, a stay should be granted to the process of appointment
from promotion/selection from the State cadre for the year
2010."
4. The grievance of the Petitioners pertains to not providing
reservation in promotion to persons with disabilities in the Indian
Administrative Services.
5. Section 34 of the Rights of Persons with Disabilities Act, 2016
provides for reservation for persons with disabilities in promotion to services.
It is pertinent to note that an Office Memorandum has been issued by the
Ministry of Personnel, Public Grievances and Pensions Department of
Personnel & Training dated 28 December 2023, by which reservation in
promotion to persons with disabilities in the Group A Services has been
JPP 21. PIL 106.2010.doc
made. Paragraphs 4 and 5 of the aforesaid Office Memorandum is extracted
below for the facility of reference :-
"4. However, in a Contempt Petition (Civil) No.873/2023 filed
by Shri S. S. Sundaram against Department of Revenue, the
Hon'ble Supreme Court vide its order dated 18.7.2023 has
directed "Though it Is pointed out that the judgment of this
Court of which breach Is alleged, has been compiled with effect
from .2'S. Z2023, the fact remains that the judgment 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'.
5. The aforesaid directions dated 18.7.2023 of the Hon'ble
Supreme Court has been considered in consultation with the
Department of Legal Affairs and it has been decided to grant
notional promotions to the PwD candidates w.e.f. 30.6.2016 as
under:
(i) PwD employees in posts and services of the Central
Government, will be considered for grant of the benefit of
reservation in promotion up to the lowest rung of Group 'A' on
notional basis w.e.f. 30.6.2016 subject to their fulfillment of the
eligibility conditions as laid down in the DoPT OM of even
number dated 17.5.2022 regarding reservation in promotion to
PwDs. However, the extent of reservation in promotion may be
in accordance with the relevant provisions contained in the PwD
Act 1995 and RPWD Act 2016. Further, this benefit may be
extended after holding Review DPC as per the extant
instructions issued by DoPT on the subject. In case the PwD
employees are found eligible and suitable for promotion from
any date subsequent to 30.6.2016, then the benefit of
reservation in promotion may be extended to them from the
date they become eligible for promotion. This promotion on
notional basis includes promotion on seniority quota as well as
Departmental Examination/Departmental Competitive
Examination. In case of Departmental
Examination/Departmental Competitive Examination, which has
already been held during the period from 30.6.2016 to
16.5.2022, the eligibility of the PwD candidates may be assessed
JPP 21. PIL 106.2010.doc
on the basis of their performance in the said examination. The
concerned Administrative Authorities are given discretion to
consider holding of special examination for assessing the
suitability or eligibility of PwD employees for such Departmental
Competitive Examination.
(ii) Any such promotion during the period from 30.6.2016
till the PwD employee actually assumes the charge of the post
will be only on notional basis and the actual financial benefit of
promotion will be effective to them with effect from the date
they actually assume charge of the promoted post, meaning that
no financial arrear will be admissible to them for the period
from the date on which they get the benefit of notional
promotion and the date on which they actually assume or have
already assumed the charge of such promoted post.
(iii) Extending the benefit of reservation in promotion to
the PwD employees on notional basis between 30.6.20 16 and
actual assumption of the charge of the post may affect the inter-
se-seniority of the officials in various grades. Due to this, there
may be cases in which some officials may have to be placed in a
select list/seniority list, subsequent to the year of their
existing/present seniority list/select list, This may have a chain
effect as it may result in revision in seniority lists in subsequent
years in many cases which may cause administrative
Inconvenience. In order to avoid such situation, supernumerary
posts may be created to adjust the lien of such PwD employees
with effect from the date on or after 30.6.2016, when they
become eligible to get the benefit of reservation in promotion,
till the availability of vacancy in which the promotion is to be
made or till they vacate the post on their retirement, further
promotion etc. whichever is earlier.
(iv) The creation of supernumerary post, as stated above,
will be personal to the PwD employee who is given the benefit of
reservation in promotion on notional basis and such
supernumerary post will stand abolished on the date when such
PwD employee is adjusted against available vacancy in the grade
in which the promotion is given or when that PwD employee
vacates the post on his/her retirement, further promotion etc.,
whichever is earlier.
JPP 21. PIL 106.2010.doc
(v) Ministries/Departments are advised to undertake an
exercise to ascertain the requirement of supernumerary posts
required by them and submit the proposal for creation of posts
to the Department of Expenditure through DoPT. Such proposal
shall contain the proposal in respect of th entire
Department/Ministry and the proposal in piecemeal shall not be
accepted. A certificate to the effect that the proposal is complete
in all respects and the requirement of creation of supernumerary
posts has been projected in respect of the entire Department
may also be furnished along with the proposal. Further, each
proposal shall have the concurrence of the Liaison Officer for
PwDs of the Department/Ministry concerned and shall be
forwarded with the approval of the Secretary of the
Administrative Department/Ministry.
(vi) It is clarified that the benefit of notional promotion,
as proposed above, shall not adversely affect those PwD
candidates who have already been granted the benefit of
reservation in promotion in personam in pursuance of the
Orders/judgments of various Courts of Law."
6. Thus, the grievance raised in this PIL stands redressed.
Accordingly, the same is disposed of.
( SANDEEP V. MARNE, J. ) ( CHIEF JUSTICE )
