Case No. 2098/1021/2021/01/1442-1443 Dated:03-09-21
In the matter of:
Shri Chander Bhushan Rajput,
(Email ID: cbrajput.57@gmail.com) ………………..Petitioner
The Secretary,
Services Department,
GNCT of Delhi,
7th Level, ‘B’ Wing, Delhi Secretariat,
I P Estate, New Delhi-110002. ………………..Respondent
Date of Hearing: 02.09.2021
Present: Shri Amitabh Joshi, Deputy Secretary (Services) on behalf of respondent.
ORDER
Sh. Chander Bhushan Rajput, a person with 40% locomotor disability and a retired Grade-I/Section Officer, vide email dated 19.01.2021 filed a complaint, under the Rights of Persons with Disabilities Act 2016, hereinafter referred to as the Act, regarding granting of benefits of quota to “Persons with Disabilities” in promotion to the post of Group ‘A’ & ‘B’ citing the ruling of the Hon’ble Supreme Court in Writ Petition (Civil) No. 521 of 2008 and Civil Appeal No. 5389 of 2016 (Arising out of SLP (Civil) No. 244 of 2016). The complainant requested that the ongoing process of promotion to the post of Group ‘B’ be stopped immediately and first consider the cases of Persons with Disabilities of left out cases as per their eligibility.
2. The matter was taken up with the respondent vide letter dated 29.01.2021 and followed by reminders dated 22.02.2021, 23.03.2021 and 07.06.2021.
3. Respondent vide letter dated 17.08.2021 submitted that in service matters, including reservation, Govt. of N.C.T. of Delhi, being Union Territory, follows the OMs/instructions etc. issues by Govt. of India from time to time. A letter was sent to MHA, GOI vide their Department’s letter dated 23.03.2021 for issuance of necessary clarification with the request to take up the matter with DoPT on following points:-
(i) As to whether reservation to Persons with Benchmark Disabilities is to be provided in promotion quota with reference to judgement dated 15.01.2020 of Hon’ble Supreme Court in Siddaraju Vs. State of Karnataka and Ors.
(ii) The percentage of reservation to be granted to Persons with Disabilities, as the judgement dated 15.01.2020 of Hon’ble Supreme Court is regarding grant of three percent reservation to Persons with Disabilities, whereas, extant guidelines laid down in DoPT’s OM No. 36035/02/2017-Estt (Res) dated 15.01.2018 provides reservation at the rate of four percent of the total number of vacancies to be filled up by direct recruitment, in the cadre strength in each group of posts i.e. Groups A, B and C for persons with benchmark disabilities.
4. A Grievance was also received in the Services Department through PGMS vide ID No. 2021008436 dated 25.01.2021 filed by the complainant, which was replied by the respondent as detailed below:
“It is not a grievance but a matter of policy. In service matters, including reservation, Govt. of NCT of Delhi, being Union Territory, follows the OMs/instructions etc. issues by Govt. of India from time to time. Accordingly, the reservation to PwDs is being provided as per instructions laid down in DoPT’s OM No.36035/02/2017-Estt (Res) dated 15.01.2018.
Subsequent to the judgement dated 15.01.2020 of Hon’ble Supreme Court in Siddaraju Vs. State of Karnataka and Ors, a clarification has been sought from Govt. of India in this regard.”
5. It was further informed by the respondent that in response to Services Department’s letter dated 23.03.2021, a reply from the Ministry of Home Affairs, GOI has been received vide letter F.No.13028/84/2016-Delhi-I dated 22.06.2021 informing as under:-
“…DoPT has stated that in the matter of reservation in promotion for PwDs, the Hon’ble Supreme Court, in the matter of ‘Siddaraju’ case (Civil Appeal No. 1567/2017) and other tagged cases, has, inter-alia, directed on 14/15.01.2020 that the reservation to PwDs may be extended, as per judgements, as clarified in National Federation of the Blind Vs. Secy, DoPT (2015) and Rajeev Kumar Gupta Vs. UOI (2016).
Further, DoPT has filed an ‘Application for Clarification’ (MA No. 2171/2020) in the Hon’ble Supreme Court on 28.09.2020 in the matter of ‘Siddaraju vs. State of Karnataka’, which is sub-judice.”
6. A hearing was scheduled on 02.09.2021. Complainant was not present and Ex-parte proceedings were initiated, keeping the interest of the complainant sacrosanct. Representative of the respondent reiterated the submissions and informed that the matter is still sub judice in the Hon’ble Supreme Court.
7. As the matter is sub judice in the Hon’ble Supreme Court, the case is being closed at this court, with the recommendation to the respondent to process the case of the complainant accordingly after the final decision of the Hon’ble Supreme Court in the matter referred above.
8. The case is closed with the above recommendation and this Court be apprised accordingly.
9. Given under my hand and the seal of the Court this 2nd day of September, 2021.
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