Comply with Chief Secy’s orders on promotion for disabled: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, April 12

The Punjab and Haryana High Court has directed the State of Haryana and its functionaries to take necessary steps to comply with administrative instructions issued by the Chief Secretary’s office regarding promotion of persons with disability.

The instructions have been addressed to all the departments across the board in the State of Haryana.

For the purpose of complying with the instructions, Justice Arun Monga of the High Court set a three-month deadline. The matter was brought to the High Court’s notice after a petition was filed against the State of Haryana and other respondents by Balkar Singh and other petitioners through counsel Sunil K Nehra.

Among other things, the petitioners were seeking the issuance of directions to the respondents to promote them in accordance with the provisions of the Persons with Disabilities Act by according reservation in promotion for disabled persons.

Taking up the matter, Justice Monga asserted the relief sought in the petition appeared to be premature, inasmuch as the same was being asked for without waiting for the implementation of an administrative circular dated August 11, 2017.

The circular envisaged that “the roster points for the persons with disability in Group ‘C’ and ‘D’ services were to be assigned as mentioned therein”.

In his detailed order, Justice Monga asserted that the state counsel, on a court query, submitted that the circular was holding the field till date as the same had neither been withdrawn nor superseded. “Being so, the petition is disposed of with a direction to the respondents to take necessary steps to comply with the administrative instructions issued by the office of Chief Secretary… There is no reason why the same should not be implemented in the Department of Transport where the petitioners are currently working.”

Before parting with the case, Justice Monga directed reconsidering the petitioners’ claim in accordance with law and passing appropriate orders after doing the needful within three months.

Three-month deadline

• For the purpose of complying with the instructions, Justice Arun Monga of the High Court set a three-month deadline.
• The instructions have been addressed to all the departments across the board in the State of Haryana.