[1]The Madras high court has dismissed a petition that sought a direction to the state government to provide 3 per cent reservation for disabled persons in promotions in state services.
The South Arcot Vallalar District Handicapped Welfare Association in Cuddalore district had filed a petition seeking a direction to the state government to reserve 3 per cent of vacancies in the promotions also to physically handicapped persons in the same manner as in the case of initial recruitments and if suitable employees were not available in a particular year, then carry over the unfilled up posts for the next three years.
Justice K. Chandru, who dismissed the petition, said the state commissioner for the disabled has given a written instruction to the government advocate stating that at present promotions were made in government departments by following the seniority basis or transfer of service only.
At present there was no government policy on promotion for the disabled persons in government departments, the commissioner had added.
Reservation for physically disabled persons was only horizontal reservation and not a vertical reservation in terms of Article 16 of the Constitution, the judge said.
The judge said even under the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, reservation can be made only after identification of posts were made in respect of section 32 and 33 of the Act. Those provisions were contemplated only for initial appointment and not for promotions.
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