Case Note & Summary
The petitioner, Mrs. S. Mangala, a Deputy General Manager (Aviation Safety) at Airports Authority of India (AAI), filed a writ petition seeking implementation of paragraphs (b) and (c) of the Office Memorandum dated 11th September 2008 issued by the Department of Personnel & Training (DoPT). The petitioner, who is a person with disability, claimed that despite being eligible for promotion under the reservation policy for persons with disabilities, the respondents failed to implement the DoPT OM which provides for reservation in promotion. The petitioner had made representations to the respondents but received no response. The court considered the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, particularly Section 33 which mandates reservation in employment for persons with disabilities. The court also examined the DoPT OM which clarifies that reservation in promotion is applicable to all government establishments. The respondents argued that the OM was not binding on AAI as it is a public sector undertaking, and that the petitioner was not entitled to promotion as the post of DGM (Aviation Safety) was not identified as suitable for disabled persons. The court rejected these arguments, holding that the DoPT OM is binding on all government establishments including AAI, and that the respondents were obligated to identify posts for disabled persons and grant promotion to the petitioner. The court directed the respondents to implement the OM within three months and grant the petitioner promotion with consequential benefits from the date she became eligible. The court also appointed an amicus curiae to assist in the matter.
Headnote
A) Service Law - Reservation in Promotion for Persons with Disabilities - Section 33 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - DoPT OM dated 11.09.2008 - The petitioner, a person with disability, sought implementation of DoPT OM providing reservation in promotion. The court held that the OM is binding on all government establishments and directed the respondents to identify posts for disabled persons and grant promotion to the petitioner with consequential benefits. (Paras 1-26) B) Constitutional Law - Right to Equality - Articles 14 and 16 of Constitution of India - Non-discrimination in employment - The court held that failure to implement reservation in promotion for persons with disabilities violates the right to equality and equal opportunity in public employment. (Paras 10-15) C) Administrative Law - Binding Nature of Office Memoranda - DoPT OM dated 11.09.2008 - The court held that the OM is a statutory instruction under Section 33 of the Disabilities Act and must be complied with by all government establishments, including Airports Authority of India. (Paras 16-20)
Issue of Consideration
Whether the respondents are obliged to implement paragraphs (b) and (c) of the DoPT OM dated 11.09.2008 providing for reservation in promotion for persons with disabilities, and whether the petitioner, a person with disability, is entitled to promotion to the post of Deputy General Manager (Aviation Safety) with consequential benefits.
Final Decision
The court allowed the writ petition, directing the respondents to implement paragraphs (b) and (c) of the DoPT OM dated 11.09.2008 within three months, identify posts for disabled persons, and grant promotion to the petitioner with consequential benefits from the date she became eligible.
Law Points
- Reservation in promotion for persons with disabilities
- Section 33 of Persons with Disabilities (Equal Opportunities
- Protection of Rights and Full Participation) Act
- 1995
- DoPT OM dated 11.09.2008
- Identification of posts for disabled persons
- Non-discrimination in employment
