HC issues notice to Gujarat govt on plea over quota in promotions for persons with disabilities

Ahmedabad: The Gujarat High Court on Monday issued a notice to the state government on a plea seeking formulation of a policy for a 4 per cent reservation in promotions to its employees recognised as Persons with Disabilities (PwDs).

Justice Aniruddha P Mayee issued the notice to the respondent, the state government, and directed it to file an affidavit-in-reply before the next date of hearing.

A group of 34 Gujarat government employees suffering from disabilities approached the HC stating the state administration has not drafted a policy in compliance with the office memorandum issued by the Centre's Department of Personnel and Training on December 28, 2023 and May 17, 2022.

The department had issued the memorandum to the Gujarat government to appropriately formulate and implement a state policy for a 4 per cent reservation in promotions to eligible employees recognised as PwDs in strict compliance of the mandate of the Rights of Persons with Disabilities (RPD) Act, 2016, the petition stated.

The plea cited two Supreme Court cases and various directions issued by the SC to the Centre and state governments to follow the mandate of section 33 of the RPD Act.

"However, no such policy has been implemented by the state of Gujarat till date in spite of several representations," stated the petition.

The petitioners said between 2021 and 24, they made 26 representations before the government for the formulation of a policy for implementation and strict compliance of the mandate of reservation in promotion for PwDs, but to no avail.

On June 25, 2024, the court of disabilities commissioner recommended the General Administration Department to undertake the implementation of the office memorandum of the Union of India, but no such step has been taken, it submitted.