Central Administrative Tribunal - Bangalore
S Sreedhara vs Deptt Of Posts on 12 November, 2025
1
OA No.170/053/2024/CAT/BANGALORE
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00053/2024
ORDER RESERVED ON: 31.10.2025
DATE OF ORDER: 12.11.2025
CORAM:
HON'BLE MR. JUSTICE B.K. SHRIVASTAVA ..MEMBER (J)
HON'BLE MR. SANTOSH MEHRA ..MEMBER(A)
S. Sreedhara,
Aged about 43 years,
S/o Siddappa,
Working as MTS,
Hiriyur PO-577598,
Residing at:
P&T Staff quarters,
Post office compound,
Hiriyur-577598 .....Applicant
(By Advocate, Shri. P.Kamalesan)
VS.
1. Union of India,
Represented by Secretary,
Department of Post,
Dak Bhavan,
New Delhi-110001.
2. Chief Post Master General,
Karnataka Circle,
Bangalore-560001.
3. Post Master General,
S.K. Region,
Bangalore-560001.
mikashamikasha suneja
CAT Bangalore
suneja 2025.11.14
17:19:10+05'30'
2
OA No.170/053/2024/CAT/BANGALORE
4. Superintendent of Post Offices,
Chitradurga Division,
Chitradurga-577501. .....Respondents
(By Advocate, Shri. Sayed S Kazi, Addl. Central
Government Standing Counsel)
ORDER
Per: Hon'ble Shri Santosh Mehra .....Member (A)
Through this OA, the applicant has sought the following reliefs:
I. Quash the O/O chief Post Master General, Karnataka Circle, Bangalore-560001 Memo No. R & E/1-12/LGO/2019 dated: 16-10-2023 Annexure-A 11 issued by respondent No.2.
II. Consequently direct the respondent No.2 to promote the applicant as PA/SA for the unfilled 3 PH quota vacancies remained unfilled for vacancies of 2019 by inter changing the PH category vacancies and inter changing the divisions. III. Grant any other relief as deemed fit into facts and circumstances of the case, in the interest of justice and equity.
2. The facts in a nutshell are as follows:
i. The applicant was appointed as Multi Tasking Staff (MTS) with effect from 04.06.2013 in the department of Posts under Physically Handicapped (PH) quota. The applicant as per his claim was a physically handicapped candidate (PH-II) with more than 40% disability. His grievance was that the 2nd Respondent considered the surplus qualified candidates in LDCE held on 05.09.2019 without following the Reservation Roster of PH quota and allotted one post to other than PH candidate in Kalaburgi mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 3 OA No.170/053/2024/CAT/BANGALORE Division. Being aggrieved by the deprival of his promotion under PH quota, the applicant approached this Honourable CAT Bench through OA No. 170/00463/2020.
In this O.A. the Hon'ble Bench passed an order on 10.07.2023 stating as follows:
"For the reasons aforesaid, we direct the 2nd respondent to consider the promotion of the applicant against PH quota for the vacancies of 2019 and to pass an appropriate order in accordance with law keeping in mind the object of reservation of PH category in the employment/promotion."
ii. In compliance of the above cited orders of the Hon'ble Bench in that O.A, R-2 passed orders vide reference no. R&E/1-12/LGO/2019 dated 16.10.2023. Aggrieved with the orders passed by the Respondent, the applicant has once again approached this Tribunal vide this O.A. stating that the earlier orders of this Tribunal were not complied with in true letter and spirit and has asked for the above mentioned relief.
3. The Counsel for Applicant stated that the applicant was appointed as MTS from 4-6- 2013, under PH quota in the department of Post at Chitradurga Postal Division. According to him, the Government of India, Ministry of personnel, PG & Pension, Department of personnel and Training, New Delhi-110001 issued OM No.36035/7/95 - Esst(S-CT) dated: 18-2-1997, regarding reservation for physically handicapped in the posts filled up by promotion, and also issued another OM No. 36035/2/2017-Esst (res) dated: 15-1-2018, regarding reservation for the persons with bench mark disabilities. R-2 issued notification for LDCE to be held on 15-9-2019 for recruitment of postal Assistants/ sorting assistant from post man/mail guard and MTS vide Memo No.R & E/1- 12/LGO/2019 dated: 5-8-2019 and notified the vacancies according to which there was 5 PH quota vacancies for PA and SA.
The respondents notified the tentative list of candidates who have qualified in paper I & II in the examination held on 15-9-2019. The applicant qualified in the Exam and appeared at Sl.No.136.
R-2, vide letter No. R & E/1-12/LGO/2019 dated: 13-2-2020, declared the results of LDCEC held on 13-02-2020, according to which 5 PH quota vacancies remained unfilled.
mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 4 OA No.170/053/2024/CAT/BANGALORE The applicant submitted a representation on 2-3-2020, to consider for promotion to PA cadre, since 5 PH reserved vacancies had remained unfilled. R-2 issued orders for allotment of surplus qualified candidates, in which only one vacancy of PH category III, candidate from Belagavi Dn was re-allotted to Bangalore East Dn.
As R-2 did not favourably considered his representation, the applicant filed Ο.Α.463/2020 at Hon'ble CAT, Bangalore. The Hon'ble CAT, Bangalore vide order dated: 6-7-2023, directed the respondent No.2 to consider the applicant for promotion to the cadre of Postal and sorting Assistant cadre against the unfilled vacancies of PH quota and pass appropriate orders in accordance with law. The Counsel for Applicant submits that though there were 5 PH quota vacancies notified for LDCE 2019, only one PH quota was filled up, through allotment from surplus qualified candidates while another 4 PH quota vacancies remains unfilled. The Counsel for Applicant concludes by reiterating that there were 5 PH quota vacancies notified for LDCE held on 15.09.2019 in which the Applicant qualified under PH category. However, in the result declared on 13.02.2020 these 5 PH vacancies remained unfilled. The Respondents partially filed the PH quota by allotting 1 surplus qualified candidate from Belagavi division to Bangalore East division against one unfilled PH vacancy. The Respondents filed up one PH Category 2 posts with Sri Parameshwaraiah N.T. from Tumkur Dn who scored more marks than applicant. However, the remaining PH quota vacancies remained unfilled and the Respondents did not consider the Applicant for promotion to PA cadre. He avers that despite the DoPT OMs on the subject and the Orders of this Hon'ble Tribunal vide Order dated 06.07.2023, the Respondents did not interchange the PH category vacancy between divisions which could have enabled promotion for the applicant. Thus, the order passed by the Respondent is in violation of DoPT OM, Section 34(2) of the Rights of Persons with Disabilities Act 2016 and also the orders of Hon'ble CAT dated 06.07.2023 in OA No. 463/2020. Hence, they should be set aside as being arbitrary, illogical and against laid down rules.
4. The Counsel for the Respondents has filed the reply. According to him, Notification for Limited Departmental Competitive Examination (LDCE) for promotion from the Cadre of mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 5 OA No.170/053/2024/CAT/BANGALORE Postman / Mail Guard, Despatch Rider and MTS (LGO) to the cadre of Postal Assistant /Sorting Assistant for the vacancy year 2019 was issued by the O/o the Chief PMG, Karnataka Circle, vide Annexure-A4. The said Examination was held on 15-09-2019 (Sunday). The vacancy position of the above-mentioned LDCE was notified via Annexures-A5. Five vacancies were notified under PH quota (PH-1=2, PH-II=1, PH- III=1, PH-IV=1).
During the vacancy year 2019, promotion of eligible merit candidates from LGO to PA/SA Cadre was carried out at Divisional level. The prevailing guidelines for Persons with Benchmark Disabilities were followed while filling-up the Person with Benchmark Disabilities (PwBD in short) vacancies of 2019, wherein it was first filled at Divisional level, failing which from the successful surplus candidates of other Divisions in the Circle.
Out of the notified 5 PH quota vacancies, 4 PH vacancies viz., PH-1-2, PH-III-1 & PH- IV-1 of vacancy year 2019 could not be filled-up with PwBD candidates at Divisional level due to non-availability of eligible PH candidates. Hence, they were transferred to be filled-up with the surplus qualified candidates of other Divisions in the Circle from the said LDCE. In respect of PH-II = 1 vacancy (carried forward vacancy from year 2018), there was no eligible PH-II candidate and no other eligible PwBD candidate with benchmark disability for interchange in Kalaburagi Division was available. Hence, this unfilled vacancy was treated as "UR" vacancy and allotted to one "UR" merit candidate of Kalaburagi Division.
5. The Counsel for Respondent submits that this exercise was carried out strictly as per Para 8.1 of DoPT OM vide 36035/02/2017-Estt(Res) dt.15.01.2018 Annexure-A 3 which reads as follows:
"Where in any recruitment year any vacancy cannot be filled up due to non- availability of a suitable person with benchmark disability or for any other sufficient reason, 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 following four categories of disabilities, at one percent each to each category mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 6 OA No.170/053/2024/CAT/BANGALORE 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."
He further points out that as per para no. 8.2 of the above DoPT OM, "only when there is no person with benchmark 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 benchmark disability"
He points out that the remaining unfilled vacancies of PH-I = 2 and PH-IV = 1 were not filled-up due to non-availability of qualified PH-I and PH-IV candidates and as per the extant instructions, these vacancies of 2019 can be filled up only from the PwBD candidates of the same category to which it is notified. If eligible candidates are not available, then these vacancies should be carried forward to the next recruitment year vacancy.
6. The Counsel for Respondent asserts that the orders of the Hon'ble CAT, Bangalore Bench in OA No.170/463/2020 were fully complied with. He draws our attention to the relevant paras of this judgement which are as follows:
"....Benchmark disability candidates cannot be discriminated against merely for the reason that PH category posts are reserved and recruited on Circle level as the vacancies are to be filled up based on division's roster point..."
"....by giving a narrow interpretation to the inter-se exchange of category/division to backlog vacancies, the rights of the disabled persons cannot be denied with...."
7. Accordingly, Hon'ble CAT had directed the Respondent 2:
"to consider the promotion of the applicant against PH quota for the vacancies of 2019 and to pass an appropriate order in accordance with law keeping in mind the object of reservation of PH category in the employment/promotion"
mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 7 OA No.170/053/2024/CAT/BANGALORE
8. The Counsel for Respondent states that to implement the Hon'ble CAT Orders, the merit list of the LDCE for promotion from Lower Grade Officials (MTS/Postman/Mail Guard) to PA/SA Cadre for the vacancy year 2019 was re- examined and it was noticed that one PH-II category candidate viz., Shri. Parameshwaraiah N.T., Tumkur Division stood above the name of Shri. S.Sreedhara, the applicant in the merit list. The details of marks obtained by both the candidates are furnished below:
SI. No. in Roll No. Name of the Name of the Marks obtained Combined candidate (Shri) Division in Paper-I Mark List 244 611014 Parameshwaraiah Tumakuru 54 N.T 395 511005 Sreedhara.S Chitradurga 40 As directed by Hon'ble CAT, the case of the applicant was considered against PH quota for 2019. However, even after careful re-examination, the applicant could not be promoted to PA/SA Cadre for the vacancy year 2019 under PH-II category as there was another PH-II candidate above him in the merit list (Shri. Parameshwaraiah N.T.). The promotion of the applicant would have done injustice to the rightful candidate of PH-II category, who, as seen from the above table was higher in merit. Furthermore, there was only one vacancy notified under PH-II category (to which the applicant belonged) which was filled up by a person with higher marks as seen from the above table.
9. Contesting the averment of the Counsel for Applicant that out of 5 PH vacancies notified for the vacancy year 2019 only 1 PH vacancy was filled up while the other 4 were not filled up. The Counsel for Respondent points out the following:
"Out of 5 PH quota vacancies notified for the vacancy year 2019 including (01) one carried forward vacancy from the year 2018, 4 PH vacancies viz., PH-I-2, PH-III=1 & PH-IV=1 could not be filled-up with PwBD candidates at Divisional level due to non-availability of eligible PH candidates in the Division concerned. Hence, these PH vacancies have to be filled-up with the surplus qualified PH candidates of other Divisions in the Circle belonging to the notified PH category only."
mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 8 OA No.170/053/2024/CAT/BANGALORE
10. He emphatically points out that if qualified PH candidates of the notified category are not available, they have to be necessarily transferred to the vacancies of next year as per Para No 8.1 of DoPT OM vide 36035/02/2017-Estt (Res) dt. 15.01.2018 Annexure-A3. According to the OM, these vacancies cannot be interchanged with other PH category in the first year i.e. in 2019, of notification. They can be interchanged only in 2020, if PH candidates are not available in the category to which it is earmarked.
11. Hence, only (1) one PH-II of 2018 was available for interchange as per rules in the vacancy year 2019 i.e., One (1) vacancy of PH-II quota belonging to Kalaburagi Division (which was a carried forward vacancy from vacancy year 2018), since there were no eligible PH-II candidates in Kalaburagi Division and also no other eligible PwBD candidate for interchange in Kalaburagi Division was available, this unfilled vacancy was treated as "UR" vacancy of the division and allotted to one "UR" regular candidate of Kalaburagi Division. This exercise was carried out strictly as per para no. 8.1 & 8.2 of DoPT OM cited above.
12. The Counsel for Respondent also points out that the Applicant failed to disclose the fact to the Hon'ble Court that he was already promoted to the cadre of Postal Assistant (PA) for the vacancy year 2022 and was presently working as PA, Chitradurga Division.
13. He contends that if the plea of the Applicant is accepted it would set up a very dangerours precedent. It would result in a flood of similar representations from other PwBD candidates and result in gross violations of the rules. In this regard he once again invites our attention to Para 8.1 of DoPT OM vide 36035/02/2017- Estt (Res) dt. 15.10.2018 Annexure 3 which reads as follows:
"Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reason, 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 following four categories of disabilities, at one percent each to each category."
mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 9 OA No.170/053/2024/CAT/BANGALORE As per the above rule, the PH vacancy for 2019 had to be carried forward to the succeeding year and could not be interchanged in 2019 itself as wrongly demanded by the applicant. Out of 4 PH Vacancies of 2019, only 3 PH vacancies are unfilled i.e., PH-1-2 and PH-IV = 1 which are vacancies of 2019 and these 3 unfilled PH vacancies of 2019 cannot be interchanged in the year 2019 itself and are to be transferred to subsequent recruitment year to be filled up from the same PH category as per para no. 8.1 of Annexure- A3.
14. Recapitulating and elaborating on the entire exercise, the Counsel for Respondent mentions that One PH-III vacancy of Bengaluru East Division notified for LDCE for promotion to PA/SA Cadre for vacancy year 2019 could not be filled-up from the same division, i,e Bengaluru East Division and hence efforts were made by the department to fill up the same in the surplus LDCE results from the PH-III candidates of other Divisions and accordingly the said PH-III vacancy was filled with the successful PH-III candidate of Belagavi Division. Similar efforts were made in respect of other PH category vacancies i.e PH-I=2 and PH-IV = 1 but they also could not be filled-up due to non-availability of PH-I and PH-IV candidates either in the same division or through surplus from other Divisions during the vacancy year 2019. Hence, as per PwBD rules para no. 8.1 of DoPT OM Annexure-A3, these PH-I and PH-IV vacancies had to be transferred to subsequent recruitment year. He concludes by reiterating that as per rule PH-I and PH-IV vacancies of 2019 could not be interchanged during the same vacancy year 2019 itself but had to be transferred to subsequent recruitment year and only when it would not be able to fill up in the subsequent year, it could be interchanged, i.e., interchange is allowed/permitted only in the subsequent recruitment year.
15. We have given thoughtful consideration to the averments and arguments of the learned Counsel for the applicant and the respondents. We have also carefully gone through all the documents and records, relevant mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 10 OA No.170/053/2024/CAT/BANGALORE sections and clauses of the departmental rules etc, which were brought on record by the respective Counsels.
16. i. It would be beneficial to cite the relevant provisions/orders of the DoPT and other organisations which are as follows:
"No. 36035/7/95-Estt.(SCT) Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training North Block, New Delhi 18.02.1997 Office Memorandum Subject: Reservation for the physically handicapped in the posts filled by promotion. i. For providing reservation to the physically handicapped in promotion, which would be 3% of such posts, a:separate register of 10O points will be maintained for a post jdentified to be manned by the physically handicapped, in which point No.33, 67, and 100 will be reserved for the physically handicapped. To illustrate, if in a given year there are two vacancies reserved for the Physically Handicapped and out of two Physically Handicapped candidates promoted, one belongs to the Scheduled Caste and the other to general category then the Physically Handicapped SC candidate will be adjusted against SC point in the reservation roaster and the other general candidate against general category point in the relevant reservation roster. In case the number of vacancies against which promotion is made is less and none of the vacancies falls on points reserved for the SC or the ST but one of the vacancies is to be reserved for the physically handicapped (as per the point in the register) and the officer promoted belongs to a reserved community, the next available reserved point in the reservation roster for that category will be utilised for adjusting the reserved candidate, e.g. if there are three vacancies falling under point 5,6 and 7 which are to be treated as unreserved as per the promotion roster out of which one vacancy has to be reserved for physically handicapped as per the point in the register and if the officer selected under the quota reserved for physically handicapped belongs to SC, he would be adjusted against the next available SC point i.e. point No. 8.
iii. While filling posts by promotion, by selection, against vacancies reserved for the physically handicapped, the physically handicapped candidates who are within the normal zone of consideration will be considered where adequate number of physically handicapped candidates of the appropriate category of handicap are not available within the normal zone, the zone of consideration may be extended to five times the normal size and the physically handicapped persons falling within the extended zone may considered. In the event of non availability of an officer even in the extended zone the post could be exchanged with other mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 11 OA No.170/053/2024/CAT/BANGALORE categories of handicap, identified for the relevant post and the reservation carried forward for the next three recruitment years, whereafter it will lapse. iv. In posts filled by promotion by non-selection, the eligible physically handicapped candidates can be considered for promotion against the reserved vacancies and in case no eligible physically handicapped candidate of the appropriate category of handicap, is available, the post will be exchanged with other categories of handicap, identified for it, and reservation carried forward for the next three recruitment years, whereafter it will lapse."
ii. Frequently Asked Questions (FAQ) on the policy of reservation to Persons with Disabilities "Q.1 What is the policy of the Government on reservation for Persons with Disabilities? Ans: Reservation to Persons with Disabilities is provided in line with the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, in posts and services under the Government of India. Three per cent of the vacancies in case of direct recruitment to Group A, B, C and D posts shall be reserved for persons with disabilities of which one per cent each shall be reserved for persons suffering from (i) blindness or low vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy in the posts identified for each disability; Three per cent of the vacancies in case of promotion to Group D and Group C posts in which the element of direct recruitment, if any, does not exceed 75%, shall be reserved for persons with disabilities of which one per cent each shall be reserved for persons suffering from (i) blindness or low vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy in the posts identified for each disability. Q.4 What should be the degree of disability for claiming reservation in posts/services under the Central Government?
Ans: Only such persons would be eligible for reservation in services/posts who suffer from not less than 40 per cent of relevant disability.
Q.9 How is the reservation for Persons with Disability computed? Ans Reservation for persons with disabilities in case of Group C and Group D posts shall be computed on the basis of total number of vacancies occurring in all Group C or Group D posts, as the case may be, in the establishment, although the recruitment of the persons mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 12 OA No.170/053/2024/CAT/BANGALORE with disabilities would only be in the posts identified suitable for them. The number of vacancies to be reserved for the persons with disabilities in case of direct recruitment to Group 'C' posts in an establishment shall be computed by taking into account the total number of vacancies arising in Group 'C' posts for being filled by direct recruitment in a recruitment year both in the identified and non-identified posts under the establishment. The same procedure shall apply for Group'D' posts. Similarly, all vacancies in promotion quota shall be taken into accou8nt while computing reservation in promotion in Group'C' and Group 'D' posts. Since reservation is limited to identified posts only and number of vacancies reserved is computed on the basis of total vacancies (in identified posts as well as unidentified posts), it is possible that number of persons appointed by reservation in an identified post may exceed 3 per cent.
Q.10 How are the reservation roster registers for Persons with Disabilities maintained? Ans.: (a) All establishments shall maintain separate 100 point reservation roster registers in the format given in Annexure II for determining / effecting reservation for the disabled.
(b) Each register shall have cycles of 100 points and each cycle of 100 points shall be divided into three blocks, comprising the following points:
1. Block-point No.1 to point No.33
2.Block-point No. 34 to point No.66
3.Block-point No.67 to point No.100
c) Points 1, 34 and 67 of the roster shall be earmarked reserved for persons with disabilities
- one point for each of the three categories of disabilities. The head of the establishment shall decide the categories of disabilities for which the points 1, 34 and 67 will be reserved keeping in view all relevant facts.
(d) All the vacancies in Group C posts falling in direct recruitment quota arising in the establishment shall be entered in the relevant roster register. If the post falling at point no. 1 is not identified for the disabled or the head of the establishment considers it desirable not to fill it up by a disabled person or it is. not possible to fill up that post by the disabled for any other reason, one of the vacancies falling at any of the points from 2 to 33 shall be treated as reserved for the disabled and filled as such. Likewise a vacancy falling at any of mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 13 OA No.170/053/2024/CAT/BANGALORE the points from 34 to 66 or from 67 to 100 shall be filled by the disabled. The purpose of keeping points 1, 34 and 67 as reserved is to fill up the first available suitable vacancy from 1 to 33, first available suitable vacancy from 34 to 66 and first available suitable vacancy from 67 to 100 by persons with disabilities.
Q.11 What is meant by inter se exchange and carry forward of reservation in case of direct recruitment quota as well as in promotion quota?
Ans.(a) Reservation for each of the three categories of persons with disabilities shall be made separately. But if the nature of vacancies in an establishment is such that a person of a specific category of disability cannot be employed, the vacancies may be interchanged among the three categories with the approval of the Ministry of Social Justice & Empowerment and reservation may be determined and vacancies filled accordingly.
(b) If any vacancy reserved for any category of disability cannot be filled due to non- availability of a suitable person with that disability or, for any other sufficient reason, such vacancy shall not be filled and shall be carried forward as a 'backlog reserved vacancy' to the subsequent recruitment year.
(c) In subsequent recruitment year the 'backlog reserved vacancy' shall be treated as reserved for the category of disability for which it was kept reserved in the initial year of recruitment. However, if a suitable person with that disability is not available, it may be filled by interchange among the three categories of disabilities. In case no suitable person with disability is available for filling up the post in the subsequent year also, the employer may fill up the vacancy by appointment of a person other than a person with disability. If the vacancy is filled by a person with disability of the category for which it was reserved or by a person of other category of disability by inter se exchange in the subsequent recruitment year, it will be treated to have been filled by reservation. But if the vacancy is filled by a person other than a person with disability in the subsequent recruitment year, reservation shall be carried forward for a further period upto two recruitment years whereafter the reservation shall lapse. In these two subsequent years, if situation so arises, the procedure for filling up the reserved vacancy shall be the same as followed in the first subsequent recruitment year. In order to ensure that cases of lapse of reservation are kept to the minimum, any recruitment of the disabled candidates shall first be counted against the mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 14 OA No.170/053/2024/CAT/BANGALORE additional quota brought forward from previous years, if any, in their chronological order. If candidates are not available for all the vacancies, the older carried forward reservation would be filled first and the relatively later carried forward reservation would be further carried forward."
It is pertinent to mention here that the above OM of DoPT vide no. 36035/7/95-Estt.(SCT) dt. 18.02.1997 is cited as Annexure- A1 by the Counsel for the Applicant.
17. "No.36035/02/2017-Estt (Res) GOVERNMENT OF INDIA MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS DEPARTMENT OF PERSONNEL & TRAINING North Block, New Delhi 15.01.2018 OFFICE MEMORANDUM Subject: Reservation for the Persons with Benchmark Disabilities - reg. With enactment of 'THE RIGHTS OF PERSONS WITH DISABILITIES ACT. 2016' from 19th April, 2017 and notification of 'THE RIGHTS OF PERSONS WITH DISABILITIES RULES, 2017' on 15th June, 2017, the following instructions are issued in line with the provisions made therein regarding reservation for Persons with Benchmark Disabilities, as defined under Section 2(r) of the Act against the posts and services of the Central Government.
2. QUANTUM OF RESERVATION 2.1 In case of direct recruitment, four per cent of the total number of vacancies to be filled up by direct recruitment, in the cadre strength in each group of posts i.e. Groups A, B and C shall be reserved for persons with benchmark disabilities. 2.2 Against the posts identified for each 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, under clauses (d) and (e), unless otherwise excluded under the provisions of Para 3 hereinunder:-
(a) blindness and low vision;
mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 15 OA No.170/053/2024/CAT/BANGALORE
(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"
8. INTER SE EXCHANGE AND CARRY FORWARD OF RESERVATION IN CASE OF DIRECT RECRUITMENT:
Where in any recruitment year any vacancy cannot be filled up due to non availability of a suitable person with benchmark disability or for any other sufficient reason, 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 following four categories of disabilities, at one percent each to each category:
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, 8.2 Only when there is no person with benchmark 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 benchmark disability.
8.3 If the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged with the prior approval of Department of Empowerment of Persons with Disabilities, among the above mentioned four categories.
mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 16 OA No.170/053/2024/CAT/BANGALORE 8.4 If any vacancy reserved for any category of benchmark disability cannot be filled due to non-availability of a suitable person with that benchmark disability or, for any other sufficient reason, such vacancy shall be carried forward as a 'backlog reserved vacancy' to the subsequent recruitment year."
The above DoPT OM is cited as Annexure A-3 by the Counsel for the Applicant.
18. We may also have a quick look at the operative portion of the judgement of this Hon'ble Bench of CAT in OA 170/463/2020 dt. 06.07.2023 "....Benchmark disability candidates cannot be discriminated against merely for the reason that PH category posts are reserved and recruited on Circle level as the vacancies are to be filled up based on division's roster point..."
"....by giving a narrow interpretation to the inter-se exchange of category/division to backlog vacancies, the rights of the disabled persons cannot be denied with....."
19. The following facts are clearly evident and well understood by both the parties:
As per the notification, the limited departmental competitive exam examination (LDCE) was conducted on 15 September 2019. As per annexure A 5, five vacancies were notified under PH quota ((PH-I=2, PH-II=1, PH-III=1, PH-IV=1). Promotion of eligible meritorious candidates was carried out at divisional level. Out of the notified 5 PH quota vacancies, 4 PH vacancies viz., PH-I=2, PH-III=1 & PH-IV-1 of vacancy year 2019 could not be filled-up with PwBD candidates at Divisional level due to non-availability of eligible PH candidates. Hence, they were transferred to be filled-up with the surplus qualified candidates of other Divisions in the Circle from the said LDCE. In respect of PH-II = 1 vacancy (carried forward vacancy from year 2018), there was no eligible PH-II candidate and no other eligible PwBD candidate with benchmark disability for interchange in Kalaburagi Division was available, hence, this unfilled vacancy was treated as "UR" vacancy and allotted to one "UR" merit candidate of Kalaburagi Division This exercise was carried out as per para no. 8.1 of Annexure-A3, wherein it has been mentioned as, "Where in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reason, 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 following four categories of disabilities, at one percent each to each category:
mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 17 OA No.170/053/2024/CAT/BANGALORE (A)
(a) blindness and low vision (B)
(b) deaf and hard of hearing (C)
(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy (D)
(d) autism, intellectual disability, specific learning disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-
blindness."
20. Furthermore, in compliance with the orders of the Hon'ble CAT, the respondent considered the promotion of one Shri NT Parameshwari who got 54 marks as against 40 marks by the applicant. He was adjusted against the sole vacancy notified against PH -2 category to which the applicant also belongs. Thus, the respondent, as directed in the CAT order, extended consideration to all the divisions within a circle, instead of confining to the narrow interpretation of exchange within a division.
21. However, the contention of the counsel for the applicant, that this adjustment should not be only confined to within Divisions of the same Circle but also be extended to unfilled vacancies of different categories in a given year, Instead of being carried forward to the next year, is not tenable. His contention that these unfilled vacancies should be filled up by the PH candidates OF DIFFERENT CATEGORIES WITHIN THE SAME YEAR, is not supported by the extant rules. In this regard, the counsel for applicant has rightly and repeatedly pointed out that such an exercise would be in violation of para 8.1 of the DOPT OM vide - 36035/02/2017-Estt (Res) dt. 15.01.2018 which clearly states that such unfilled vacancies have to be carried forward to the succeeding recruitment year and only in the succeeding recruitment year, interchange amongst the four categories of disabilities at the rate of 1% each is permitted. The Counsel for the Applicant has not been able to cite even one instance or precedent from any organisation or Department of Government of India or any judgement of the Supreme Court or High Courts of the mikashamikasha suneja CAT Bangalore suneja 2025.11.14 17:19:10+05'30' 18 OA No.170/053/2024/CAT/BANGALORE States wherein inter category exchange has been carried within the same year for unfilled vacancies in that year.
22. To sum up, while interdivision exchange in a Circle in a given year for PH candidates is permitted, inter category exchange is possible only in the subsequent year, that to, subject to certain conditions.
23. From the above matrix of facts and circumstances, it is very clear that the respondents have fully complied with the orders of this Hon'ble Bench in OA number 170/463/2020 dt. 06.07.2023. The contention of the applicant is neither supported by the provisions of the Rights of Persons with Disabilities Act nor by the DOPT OMs cited supra. The contentions of the counsel for applicant has no feet to stand upon and the OA is liable to be dismissed.
24. In view of the facts and circumstances, we do not find any reason to interfere with the impugned order. Hence, it is hereby ordered:
a) The OA is dismissed.
b) No costs!
Sd/- Sd/-
(SANTOSH MEHRA) (JUSTICE B.K. SHRIVASTAVA)
MEMBER (A) MEMBER (J)
kr
mikashamikasha suneja
CAT Bangalore
suneja 2025.11.14
17:19:10+05'30'