Central Administrative Tribunal - Cuttack
Disabled Employees Association ... vs East Coast Railway on 7 January, 2026
1 OA No. 117 of 2023
CENTRAL ADMINISTRATIVE TRIBUNAL
CUTTACK BENCH, CUTTACK
OA No. 117 of 2023
Reserved on 06.01.2026 Pronounced on 07.01.2026
CORAM:
THE HON'BLE SHRI SUDHI RANJAN MISHRA, MEMBER (J)
THE HON'BLE SHRI PRAMOD KUMAR DAS, MEMBER (A)
1. Disabled Employees Association of Railway,
ECoR, represented through its Secretary K
Khetrabasi, aged about 50 years, Son of Late K.
Madhab, resident of Dayapalli, P.S-Hinjili, Dist -
Ganjam -761001, Odisha.
2. Nilamadhab Joshi, aged about 49 years, Son of
Late Dinabandhu Joshi, resident of Quarter No.
1/Type II, Rail Awas Railway Colony,
Chandrasekharpur, Bhubaneswar, Dist - Khurda-
751016, Odisha.
3. Suryanarayan Padhi, aged about 26 years, Son of
Binod Chandra Padhi, resident of Plot No. 165,
Unit-III, Kharavela Nagar, Near Nilachala
Hospital, Bhubaneswar, Dist - Khurda-751001,
Odisha.
4. Rajesh Sahu, aged about 31 years, Son of Late
Alekh Charan Sahoo, resident of Harshapriya
Apartment, Ganesh Bhawan, Mancheswar,
Bhubaneswar, Dist - Khurda-751017, Odisha.
5. Bidyadhar Sahoo, aged about 55 years, Son of
Bauribandhu Sahu, resident of Quarter No.
G56/A, Accounts Colony, At/PO - Jatni, Dist-
Khurda-752050, Odisha.
6. Amit Ranjan, aged about 40 years, Son of Shiv
Janam Prasad Sharma, resident of Flat No. 203,
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Jagannath Enclave, Rangamatia, Mancheswar,
Bhubaneswar, Dist - Khurda-751017, Odisha.
7. Prafulla Kumar Sahoo, aged about 43 years, Son
of Hrudananda Sahoo, resident of Quarter No.
304 Block-G22, Mancheswar Railway Colony,
Bhubaneswar, Dist- Khurda-751017, Odisha.
8. Sanjib Kumar Dalabehera, aged about 51 years,
Son of Abhimanyu Dalabehera, resident of
Quarter No. G23/A, Mancheswar Railway Colony,
PO Mancheswar, Bhubaneswar, Dist Khurda-
751017, Odisha.
9. Renubala Sahoo, aged about 49 years, Wife of
Saroj Kumar Sahoo, resident of Quarter No. G-
23/C, Mancheswar Railway Colony,
Bhubaneswar, District - Khurda -751017, Odisha.
10. Pabitra Mohan Lenka, aged about 46 years, Son of
Late Panchu Lenka, resident of Quarter No. G-
20/9 Type-III, Mancheswar Railway Colony,
Bhubaneswar, District - Khurda-751017, Odisha.
......Applicants
VERSUS
1. Union of India, represented through the General
Manager, East Coast Railway, Rail Sadan,
Candrasekharpur, Bhubaneswar, Dist-Khurda-
751017.
2. Principal Chief Personnel Officer, East Coast
Railway, Rail Sadan, Candrasekharpur,
Bhubaneswar, District - Khurda 751017.
3. Secretary, Railway Board, Rail Bhawan, New
Delhi-110001.
4. Penta Radhakrishna, Assistant Personnel Officer
(III), O/o-Sr. Divisional Personnel Officer, East
Coast Railway, Waltair Division, Dondaparthy,
Visakhapatnam, Andhra Paradesh, PIN-530004.
......Respondents
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For the applicant : In person
For the respondents : Mr. R.S.Patnaik, Counsel
O R D E R
PRAMOD KUMAR DAS, MEMBER (A):
The gist of the matter is that the respondents-railway issued Notification dated 23.11.2022 inviting application for holding departmental examination among the eligible employees for formation of Group-B/Personnel panel for 01 (one) UR post of APO/AWO against 70% selection though CBT for the assessment period 2023-24 in Personnel Department of E.Co.Rly. Against such notification, the Zonal President and Zonal Secretary submitted applications dated 04.01.2023, 25.01.2023 and 27.02.2023 to PCPO, E.Co.Rly., BBSR stating that as per the RBE No. 97/2022, in terms of 100 point vacancy based reservation roster, the said post ought to have been reserved for PwBD category instead of UR. Alleging no action on the said representations, this OA has been filed by the Disabled Employees Association of E.Co.Rly. represented by Secretary K.Khetrabasi along with 09 (nine) office bearers of the said Association on 12/13.03.2023 but without disclosing the identity RAVI KUMAR 2026.01.07 09:51:11 +05'30' 4 OA No. 117 of 2023 of the post held by them inter alia praying to quash the Notification dated 23.11.2022 and, as a consequence, to direct the respondents to issue fresh Notification reserving the post meant for PwBD candidates in compliance to RBE No. 97/2022. This OA was admitted on 15.03.2023 giving opportunity to the respondents to file their reply both to the merit of the matter as also to the interim relief. During pendency of the OA, the respondent-railway held the examination and empanelled one Sri Penta Radhakrishna vide memorandum No. ECoR/Pers/Gaz/APO-70%/Panel/23-24 dated 26.04.2023.
2. It is the case of the applicant that as per Section 34 of the Rights of Person with Disability Act, 2016 and the law, the DoP&T issued OM dated 17.05.2022 relating to grant of reservation in promotion to PwBDs in Post and Services of the Central Govt. The Railway Board vide RBE No. 97/2022 issued instruction to all concerned to follow the DoP&T OM dated 17.05.2022 mutatis mutandis regarding grant of reservation to PwBD in promotion from Group-C to Group-B. As per the reservation policy, the first post is reserved for PwBD candidate. RAVI KUMAR 2026.01.07 09:51:11 +05'30' 5 OA No. 117 of 2023 The notification dated 23.11.2022 issued by the respondents inviting application for drawing a panel for 01 (one) post of APO/AWO being the first notification after the RBE No. 97/2022, the said post ought to have been reserved for PwBD instead of UR. Therefore, the action of the respondent-railways in reserving the said post of UR candidate de hors the RBE No. 97/2022 issued on 18.08.2022, the notification is liable to be quashed.
3. Respondents filed their counter objecting and contesting the case of the applicant by stating that the provision of reservation of PwBD in promotion from Group-C to Group-B post came into effect vide DoP&T OM dated 17.05.2022, which OM was directed to be adopted in Railway vide RBE No. 97/2022. The respondents furnished the vacancy position for last 10 years in the post of APO (Group-B) of which the percentage of reservation for PwBD as under:
Year (s) 70% 30% Total PwBD
2011-13 4 2 6 NIL
(UR-3, SC-1) (UR-2) (UR-5, SC-1)
2017-19 2 1 3 NIL
(UR-1, ST-1) (SC-1) (UR-1, ST-1, SC-1)
2023-24 1 (UR) 0 1 (UR) NIL
2023-24 2 1 (UR) 3 1(PwBD-
(Special) (UR-1, PwBD-1) (UR-2, PwBD-1) Visually
impaired)
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4. According to the respondents, the vacancy of APO/AWO for the year 2023-24 was assessed as 01 (UR) in accordance with para 2 of RBE 58/2001. Therefore, no reservation was allocated in favour of PwBD candidates. However, subsequently notification was issued on 04.01.2024 for drawing panel of 02(two) posts of APO/AWO as special drive against vacancy cycle 2023-24 of which one was reserved for PwBD of Blindness and Low Vision category as per RBE 97/2022. Thus, the allegation of the association that there was violation of the provision of DoPT/RBE No. 97/2022 is not correct. It is also stated that the action taken by them is in accordance with the provision of the RBE No. 58/2001 in which it is provided that in the case of Group-B(Class-II) and lowest rank of Group-A(Class-I) where reservation rules are applicable, if a single vacancy occurs against reservation roster point post in a recruitment/promotion year, the said vacancy shall be treated as unreserved. According to them, they maintained a separate 100 point vacancy based reservation roster as envisaged in para 10 of the OM dated 17.05.2022 to ensure effective reservation for PwBD for RAVI KUMAR 2026.01.07 09:51:11 +05'30' 7 OA No. 117 of 2023 promotion from Group-C to Group-B posts. In terms of the provisions, each register shall consist of cycles of 100 point with each cycle divided into four blocks of 25% each comprising first block (point No. 1 to 25), second block (point No. 26-50), third block (point No. 51-75) and fourth block (point No. 76-100). Points 1, 26, 51 and 76 of the roster shall be earmarked for PwBDs- 1 point each for category under (a) Blindness and Low vision; (b) Deaf and Hard of hearing; (c) Locomotor disability and point 1 for category (d) and (e) combined [(d) category for autism, intellectually disability, specific learning disability and mental illness and (e) for multiple disability from amongst persons under clauses (a) to (d) including deaf-blindness]. Hence, according to them, there was no deviation in the matter of reservation in promotion for PwBD and this OA being devoid of any merit is liable to be dismissed.
5. The Association/applicants filed rejoinder stating that the DoP&T, in implementation of the decision of the Hon'ble Apex Court, also issued OM on 28.12.2023 giving the detailed yardstick as to how the posts shall be reserved and filled up by RAVI KUMAR 2026.01.07 09:51:11 +05'30' 8 OA No. 117 of 2023 the PwBDs. The Railway Board issued RBE No. 06/2024 on 18.01.2024 instructing to follow the DoP&T OM dated 28.12.2023 wherein it was instructed for grant of notional promotion to PwBD candidates from 30.06.2016 in the Non- Gazetted post of Indian Railways as identified vide Ministry of Social Justice and Empowerment's Notification No. 38-16/2020- DD III dated 04.01.2021 and Board's letter E(NG)II/20147/RC- 2/1/Policy dated 27.02.2019. Further, Railway Board vide RBE No. 16/2024 dated 14.02.2024 issued instruction to grant notional promotions to PwBDs w.ef. 30.06.2016 in promotion from Group-C to Group-B. The authorities issued the notification dated 23.11.2022 without adhering to the RBE No. 97/2022. According to them, the North Western Railways and Northern Railway issued notification dated 29.11.2020 and 20.03.2023 reserving one post for PwBD candidates. Accordingly, it is stated that the notification dated 23.11.2022 for one post of UR de hors the rules is liable to be annulled. The applicant filed additional rejoinder more or less reiterating the facts noted above. The respondents filed reply to the rejoinder/additional rejoinder and RAVI KUMAR 2026.01.07 09:51:11 +05'30' 9 OA No. 117 of 2023 the applicant has also filed reply to the same, which have been taken note of.
6. The private respondents has neither appeared nor filed any counter.
7. Ld. Counsel for the parties repeated their points raised in the pleadings noted above and having heard them at length perused the records.
8. It may noted that Parliament, realizing the national need for the rights of persons with disabilities and commitment to the Convention of the United Nations General Assembly, repealed the 1995 Act, and brought in 2016 Act, which was enacted to give effect to the United Nations Convention on the Rights of Persons with Disabilities and for matters connected therewith or incidental thereto.
9. Reservation for backward classes of citizens (SCs, STs and OBCs) is called vertical reservation and the reservation for categories such as persons with disabilities and ex-servicemen is called horizontal reservation. Horizontal reservation cuts across vertical reservation (in what is called inter-locking reservation) RAVI KUMAR 2026.01.07 09:51:11 +05'30' 10 OA No. 117 of 2023 and persons selected against the quota for persons with disabilities have to be placed in the appropriate category viz. SC/ST/OBC/General candidates depending upon the category to which they belong in the roster meant for reservation of SCs/STs/OBCs.
10. Every Government establishment shall maintain, cadre- wise and group wise, a separate 100-point vacancy-based reservation roster/register, as in the case of direct recruitment for determining/ effecting reservation for the PwBDs in promotion. There will be separate roster register, in each cadre in Group 'C°, Group 'B' and Group 'A', wherever reservation in promotion for PwBD is applicable. There shall be separate roster/register for promotion and direct recruitment. Section 34 of the Rights of Persons with Disabilities Act, 2016 (the '2016 Act' in short), which replaced Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (the '1995 Act' in short), deals with reservation, which reads thus;
RAVI KUMAR 2026.01.07 09:51:11 +05'30' 11 OA No. 117 of 2023 "34.Reservation.-(1) Every appropriate Government shall appoint in every Government establishment, not less than four per cent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent for persons with benchmark disabilities under clauses (d) and (e), namely-
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including
cerebral palsy, leprosy cured,
dwarfism, acid attack victims and
muscular dystrophy;
(d) autism, intellectual disability,
specific learning disability and
mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities:
Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time:
Provided further that the appropriate Government, in consultation with the Chief Commissioner or the State Commissioner, as the case may be, may, having regard to the type of work carried out in any Government establishment, by notification and subject to such conditions, if any, as may be specified in such notifications exempt any Government establishment from the provisions of this section.
(2) Where in any recruitment year any vacancy cannot be filled up due to non-availability RAVI KUMAR 2026.01.07 09:51:11 +05'30' 12 OA No. 117 of 2023 of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability:
Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the five categories with the prior approval of the appropriate Government.
(3) The appropriate Government may, by notification, provide for such relaxation of upper age limit for employment of persons with benchmark disability, as it thinks fit."
11. It is true that the First Proviso to Section 34(1) of the 2016 Act and the Proviso to Rule 11 of Rights of Persons with Disabilities Rules, 2017, states that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time. But while analyzing the intention behind granting reservation in promotion as that in the case of appointment in the entry cadre, it is only to be held that the Government concerned cannot fix the Roster for granting reservation in promotion at their whims and fancies, so as to nullify the benefit of a reservation in promotion. The RAVI KUMAR 2026.01.07 09:51:11 +05'30' 13 OA No. 117 of 2023 purpose behind fixation of the Roster points for reservation at 1, 26, 51 and 76 is clear from office memorandum.
12. As per the provisions, in the event of non-availability of candidates even in the extended zone, the reservation can be exchanged so that post can be filled by a person with other category of disability, if possible. If it is not possible to fill up the post by reservation, the post may be filled by a person other than a person with disability and the reservation shall be carried forward for upto three subsequent recruitment years, whereafter it shall lapse.
13. The OM dated 17.05.2022 issued by DoP&T on the subject of reservation in promotion to Persons with Benchmark Disabilities (PWBDs) and the key feature dealt in paragraph 9 is to the extent of effecting reservation and maintenance of roster as under:
"9.1 Every Government establishment shall maintain, cadre- wise and group wise, a separate 100-point vacancy- based reservation roster/register, as in the case of direct recruitment for determining/ effecting reservation for the PwBDs inpromotion. There will be separate roster register, in each cadre in Group 'C°, Group 'B' and Group 'A', wherever reservation in promotion for RAVI KUMAR 2026.01.07 09:51:11 +05'30' 14 OA No. 117 of 2023 PwBD is applicable. There shall be separate roster/register for promotion and direct recruitment. 9.2. Each register shall have cycles of 100 points and each cycle of 100 points shall be divided into four blocks, comprising the following points 1st Block - Point No. 01 to point No. 25 2nd Block - Point Ng. 26 to point Ne. 50 3rd Block - Point No. 51 to point No. 75 4th Block - Point No. 76 to point No.100.
9.3 Points 1, 26, 51 and 76 of the roster shall be earmarked for PwBDs - one point each for category under (a), (b), (c) of Para 2.2 above, respectively, and one point for category (d) and (c) conjointly. The Head of the establishment shall ensure that vacancies identified at SI. No. 1, 26, 51 and 76 are earmarked for the respective categories of the PwBD. However, the Head of the Department shall decide the placement of the selected candidate in the roster/register. In other words, the category to be appointed first will be decided by the Head of the Department based on the functional requirement.
9.4All the vacancies in each recruitment year in a grade, arising irrespective of vacancies reserved for PwBDs, shall be entered in the relevant roster. If the vacancy falling at point no. 1 is not identified for the PwBD, or if the Head of the Department feels that it is not possible to fill up that post by the PwBDs for any other reason, to be recorded in writing, one of the vacancies falling at any of the points from 2 to 25 shall be treated as reserved for the PwBD and filled, as such. 9.5 Likewise, one vacancy out of the total vacancies falling at points from 26 to 50 or from 51 to 75 or from 76 to 100 shall have to be filled by the PwBDs. The purpose of keeping points 1, 26, 51 and 76 as reserved is to fill up the first available suitable vacancy by the PwBD candidate of the category for which the post is earmarked. 9.6 There is a possibility that none of the vacancies from 01 to 25 is found suitable for any category of the PwBD. In that case, two vacancies from 26 to 50 shall be filled from amongst the PwBDs. If the vacancies from 26 to 50 are also not suitable for any category, three vacancies in the third block 51 to 75 shall be filledas reserved. This means that if no vacancy can be reserved in particular block, it shall be carried RAVI KUMAR 2026.01.07 09:51:11 +05'30' 15 OA No. 117 of 2023 over to the next block. block, it shall be carried over to the next block. 9.7 After all the 100 points of the roster are covered, a fresh cycle of 100 points shall start. 9.8 If the number of vacancies in a year is such as to cover only one block (say 25 vacancies, including PwBD quota, if any) or two (say 50 vacancies, including the quota, if any), the category of the PwBDs should be accommodated as per the roster points. However, in case, the said vacancy is not identified for the respective category of disability, the Head of the Department shall decide the category on the basis of the nature of the post, the level of representation of the specific category in the grade/post concerned, etc.
14. On thorough and detailed analysis of the entire matter we find that the respondents did not produce or state the details of the sanctioned strength in the grade of APO/AWO out of which how many posts are to be reserved under which category. However, it has fairly been admitted that as per the roster register, point Nos. 1, 26, 51 and 76 falls under the PwBD category under 100 point vacancy based roster. When after the DoP&T OM and RBE referred to above, the present Notification is the first notification for filling up of one post, this post ought to have been notified for PwBD instead of UR. The DoP&T OM dated 17.05.2022, it has been provided that against the post identified for each disability, 1% each shall be reserved for PwBD and the category of disability has also been provided therein on (a), (b), RAVI KUMAR 2026.01.07 09:51:11 +05'30' 16 OA No. 117 of 2023
(c), (d) and (e) basis. It has also been provided therein that the category to be appointed first will be decided by the Head of Department based on the functional requirement. The stand of the respondents is that this being a single post, no reservation is applicable is not accepted because principle of reservation is applied on the basis of the total sanctioned strength and not on vacancy based. It is not the case of the Respondents that the post in question cannot be manned by other than PwBD candidate other than category of blindness and Low Vision nor is it the case of Respondents no eligible candidate in other category under PwBD was available due to lack of eligibility criteria etc. The Rule making authority has consciously vested discretion with the Head of the Department to decide the category of PwBD meaning thereby that he can exercise the authority for inter change to implement the Reservation principle set out by the Government.
15. In Justice Sunanda Bhandare Foundation v. Union of India [(2017) 14 SCC 1], the Hon'ble Apex Court noticed that the Rights of Persons with Disabilities Act, 2016, visualises a sea change and conceives of actualisation of the benefits engrafted RAVI KUMAR 2026.01.07 09:51:11 +05'30' 17 OA No. 117 of 2023 under the said Act. The whole gamut of benefit has been changed for the better, and the responsibilities of many have been encompassed. In such a situation, it becomes obligatory to scan the anatomy of significant provisions of the Act and see that the same are implemented. The laudable policy inherent within the framework of the legislation should be implemented and not become a distant dream.
16. At the cost of repetition, it may be noted that after the decision of the Hon'ble Apex Court dated 28.09.2021, in Civil Appeal No. 1567/2017 in the case of 'Siddaraju Vs. State of Karnataka' in Civil Appeal No. 1567/2017, DoP&T issued exhaustive instruction relating to reservation in promotion of PwBD category, in posts and services of Group A, B, C & D vide OM No. 36012/1/2020-Estt.(Res.-II) dated 17.05.2022 which OM was also circulted by the Railway Board for its implementation vide RBE No. 74/2022 dated 01.07.2022. In the said OM, it has specifically been provided that "Every Government establishment shall maintain, cadrewise and group-wise, a separate 100-point vacancy-based reservation roster/register, as in the case of direct RAVI KUMAR 2026.01.07 09:51:11 +05'30' 18 OA No. 117 of 2023 recruitment, for determining/effecting reservation for the PwBDs in promotion. There will be separate roster / register, in each cadre in Group 'C', Group 'B' and Group 'A', wherever reservation in promotion for PwBD is applicable. There shall be separate roster/register for promotion and direct recruitment". Further, it has been provided that "Points 1, 26, 51 and 76 of the roster shall be earmarked for PwBDs - one point each for category under (a), (b),
(c) of Para 2.2 above, respectively, and one point for category (d) and (e) conjointly. The Head of the establishment shall ensure that vacancies identified at SI. No. l, 26, 51 and 76 are earmarked for the respective categories of the PwBD". The aforesaid OM is statutory in nature and, thus, there is no scope on the part of the authority to deviate from the aforesaid provision. In the counter there is no denial that the post in question was not the 1st post in 100 point roster. It is not also the case of the Respondents that the post cannot be managed except Blindness and Low Vision disability employee. No justification has also been given in the counter, as to why the authority did not exercise his option for filling up of the said post by any other categories of PwBD if particular category of PwBD employee is not available. In the RAVI KUMAR 2026.01.07 09:51:11 +05'30' 19 OA No. 117 of 2023 said circumstances, without examining the above aspects of the matter, straightaway inviting application from UR candidate and filling up the same meanwhile seems action to be in violation of the policy of reservation for PwBD candidates and in law.
17. In the aforesaid circumstances, we are of the considered view that this is a complete failure on the part of the Respondents to pay due regards to the reservation principles set out in the Act and Rules made there under, as discussed above. Hence, the advertisement dated 23.11.2022 inviting application for 01 post under 100 reservation roster from UR candidate is absolutely contrary to Act, Rules and Law. Hence, the notification/advertisement dated 23.11.2022 is hereby quashed and, as a consequence, the appointment of the UR candidate is held to be held void ab initio and, is, accordingly, quashed. Respondents are directed to take further step in the matter in accordance with Act and Rules discussed above for filling up of the vacancy by exercising the discretion conferred under rules by PwBD under Locomotor disabled employee since, according to the respondents, no eligible PwBD category under Blindness and RAVI KUMAR 2026.01.07 09:51:11 +05'30' 20 OA No. 117 of 2023 Low vision is/was available. The entire exercise shall be completed within a period of 180 days from the date of receipt of a copy of this order.
18. In the result, the OA stands allowed to the extent stated above. No costs.
(Pramod Kumar Das) (Sudhi Ranjan Mishra)
Member (Admn.) Member (Judl.)
RK/PS
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