TAG: GS 2: POLITY AND GOVERNANCE
THE CONTEXT: In response to the court’s direction, the Department of Personnel and Training (DoPT) collaborated with the Department of Legal Affairs and decided to grant notional promotion to PwD candidates effective from June 30, 2016.
EXPLANATION:
- However, the DoPT’s rules clarified that candidates receiving notional promotions wouldn’t receive financial arrears from their eligibility date until they assumed charge of the promoted position.
- This decision aimed to prevent major changes to seniority lists.
- The memorandum emphasized that these promotions wouldn’t impact the promotions of PwD candidates who already availed themselves of reservation benefits in earlier judgments.
BACKGROUND:
- PwD candidates have fought for over a decade for reservation in promotions, with the issue bouncing between different benches of the Supreme Court.
- In a landmark ruling on June 30, 2016, the Supreme Court mandated reservation for PwD candidates in promotions, regardless of whether the positions were initially filled through reservation.
- Despite subsequent government rules issued in 2021 following the court’s order, a petitioner filed a contempt petition in 2023, alleging non-compliance.
- The court highlighted that although some compliance occurred from July 15, 2023, the original judgment dated June 30, 2016, necessitated the implementation of the 1995 Act, emphasizing notional promotions for eligible PwD candidates from an earlier date.
Implementation Strategy and Supernumerary Posts
- The DoPT proposed a strategy to implement notional promotions without disrupting the seniority lists.
- It suggested creating supernumerary posts for eligible PwD candidates between the June 30, 2016 cut-off and the date they assumed their promoted roles.
- These supernumerary posts would be personalized for PwD employees receiving the benefit of reservation in promotions on a notional basis.
- The posts would cease to exist once the PwD employees were adjusted against available vacancies in their promoted grade or upon their retirement, further promotions, etc., whichever came earlier.
- The order recommended ministries and departments submit proposals outlining their requirements for supernumerary posts to the Department of Expenditure.
ANALYSIS AND IMPLICATIONS
Balance Between Rights and Practical Constraints
- The order’s decision to grant notional promotions from 2016 strikes a balance between implementing court directives and avoiding disruption in seniority lists.
- However, the denial of financial arrears till assuming the promoted post might face criticism for not compensating candidates for the delayed promotions.
Impact on Seniority Lists and Organizational Dynamics
- Creating supernumerary posts aims to prevent upheaval in seniority lists while ensuring a seamless implementation of notional promotions.
- However, this strategy might lead to administrative challenges in managing supernumerary roles and their eventual abolition once candidates assume regular positions or retire.
Adherence to Court Directives and Fairness
- The government’s move reflects compliance with court orders regarding reservation in promotions for PwD candidates.
- However, the absence of financial benefits until assuming the promoted role might be perceived as unfair, affecting the candidates’ remuneration and benefits.
Future Administrative Actions and Legal Ramifications
- Ministries and departments’ proposal submissions for supernumerary posts and their subsequent utilization will determine the practical implications and efficiency of this implementation strategy.
- Legal scrutiny and potential challenges may arise regarding the denial of financial arrears to eligible candidates during the notional promotion period.
Conclusion
- The government’s order to grant notional promotions to PwD candidates from June 30, 2016, while aiming to adhere to court directives, introduces certain complexities and practical challenges.
- The creation of supernumerary posts attempts to reconcile compliance with minimal disruption but raises administrative and fairness concerns.
- Further administrative actions and legal responses will shape the actual implications and effectiveness of this approach in providing equitable opportunities for PwD candidates in the government sector.
