Employees acquiring disability in service entitled to promotion under physically handicapped quota: High court

The Punjab and Haryana High Court has ruled that employees acquiring disability during the course of service are equally entitled to reservation in promotion under the physically handicapped (PH) quota.

The Bench has held that the benefit cannot be restricted only to those inducted as PH candidates at the time of appointment.

The ruling came as Justice Harpreet Brar allowed a petition filed by an employee before directing the Punjab State Power Corporation Limited and other respondents to promote him as Assistant Engineer (Electrical) under the PH quota, with all consequential benefits from July 16, 2023 – the date on which his juniors were promoted. The exercise has been ordered to be completed within eight weeks.

The petitioner through senior advocate Pawan Kumar and counsel Vidushi Kumar was seeking directions to quash the speaking order dated March 11 whereby the corporation refused immediate consideration of his claim. The respondents stated that “the question of whether a person who acquired disability during service is entitled to get benefits of reservation as a person with disability is still under consideration” and that his case would be considered only after clarification from the state government.

Rejecting the deferment, Justice Brar observed that any clarification by the government could not supersede the legislative and judicial mandate. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act and the Rights of Persons with Disabilities Act expressly stated that no establishment would dispense with, or reduce in rank, an employee acquiring a disability during his service. Even promotion would not be denied to a person merely on the grounds of his disability.

“The Supreme Court has clearly held that the employer cannot draw a distinction between employees who entered service under the PH category and those who acquired disability in the course of service, especially in matters of promotion,” Justice Brar ruled.

Setting out the legal position in categorical terms, Justice Brar said: “The benefit of reservation in promotion under the PH category cannot be confined only to those who are inducted into service in the PH category. Employees such as the petitioner, who acquire disability during their service, are also entitled to be considered for promotion against the available disabled quota.”

The Bench also referred to the need for a humanitarian attitude in dealing with such situations. “A humane approach is imperative in such cases, for an employee who acquires a disability during the course of service is entitled to protection under law. Denial of such protection would not only cause undue hardship to the employee but also inflict suffering upon the dependents who rely on him for their sustenance,” Justice Brar noted.