No. 36012/1/2020-Estt.(Res.

-II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi.

Dated, the 17^ May, 2022.

OFFICE MEMORANDUM

Subject: - Reservation in promotion to Persons with

Benchmark Disabilities (PwBDs).

The undersigned is directed to say that the matter regarding

reservation in promotion for Persons with Benchmark Disabilities
(PwBDs) had been under litigation before various courts of law
for quite some time, and the Honble Supreme Court, in its order,
dated 28.9.2021, delivered in the 'Application for Clarification' in
the matter of 'Siddaraju vs. State of Karnataka', Civil Appeal
No.1567/2017, directed the Government to issue instructions on
'Reservation in Promotion', as provided in Section 34 of the Rights
of Persons with Disabilities Act, 2016.

1.2 Accordingly, the following instructions are issued for

grant of reservation in promotion to PwBDs, in the posts and
services of the Central Government, as defined under Section 2(r)
of the said Act, notified by the Department of Empowerment of
Persons with Disabilities (DEPwD).

2. QUANTUM OF RESERVATION

2.1 In case of promotion, four per cent of the total number of

vacancies in the cadre strength within Group 'C, from Group 'C
to Group 'B', within Group 'B' and from Group 'B' to the lowest
rung of Group 'A' shall be reserved for PwBDs. Reservation in
promotion sh^l be applicable in the cadres in which the element
of direct recruitment, if any, does not exceed 75%.

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2.2 Against the posts identified for each disability, one per
cent each shall be reserved for PwBDs under clauses (a), (b) and
(c), respectively, and one per cent combined, under clauses (d)
and (e) below, unless otherwise excluded under the provisions of
Para 3 hereinunder; -

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.

2.3 The authenticity of any certificate, issued by the

competent medical authority, may be got verified/re-verified by
the appointing authority at the time of appointment.

3. EXEMPTION FROM RESERVATION IN PROMOTION

3.1 Proviso to Section 20(1) of the Right of Persons with

Disabilities Act, 2016, states that the appropriate Government
may, having regard to the type of work carried on in any
establishment, by notification and subject to such conditions, if
any, exempt any establishmentfrom the provisions of this Section.
3.2 Accordingly, if any Ministry/Department in the Central
Government considers it necessary to exempt any establishment
or any cadre or cadres fully or partly from the provisions of
reservation in promotion for PwBDs, it shall make a reference to
the DEPwD, giving full justification for the proposal. The DEPwD,
having regard to the type of work carried out in any Government
establishment, by notification, and subject to such condition, if
any, as may be specified in the notification, in consultation with
the Chief Commissioner for Persons with Disabilities (CCPD), may
exempt any Establishment or any cadre(s), fully or partly, from the
provisions of reservation for PwBDs. While doing so. Notes 1 to 9
under the Notification No.38-16/2020-DD.II, dated the 4'^
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January, 2021, issued and ax modified from time to time by the

DEPwD, may kindly be kept in view.

4. NO DENIAL OF PROMOTION MERELY ON THE GROUND OF

DISABILITY

4.1 In terms of Section 20(3) of the Rights of Persons with

Disabilities Act, 2016, no promotion shall be denied to a person
merely on the ground of disability. Further, in terms of Section
20(4) of the Act, no Government establishment shall dispense
with or reduce in rank an employee who acquires a disability
during his/her service. As per the proviso to this sub-section, if
an employee, after acquiring disability is not suitable for the post
he was holding, shall be shifted to some other post with the same
pay scale and service benefits. This section further provides that
if it is not possible to adjust the employee against any post, he
may be kept on a supernumerary post until a suitable post is
available or he attains the age of superannuation, whichever is
earlier. However,in case the PwBDs for whom the supernumeraiy
post was created is eligible for next promotion to higher pay level,
and it is not possible to adjust the employee against any post, a
fresh creation of supernumerary post in next higher level will be
required by surrendering the previously created supernumerary
post at the lower level, and the proposal for the same may be
submitted to the Department of Expenditure.
4.2 An employee who acquires disability, after entering into
service, will be entitled to get the benefit of reservation in
promotion as a PwBD. However, his seniority among PwBDs will
be counted from the date of certification of his/her disability, i.e.,
disability of40% or more in the categories covered under Section
34(1) of the Rights of Persons with Disabilities Act, 2016.
4.3 No benefit of reservation shall be given on the basis of
temporary certificate of disability.
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5. IDENTIFICATION OF POSTS;

5.1 The DEPwD has already identified posts suitable for being
held by PwBDs and the physical requirement for all such posts,
have been notified, vide their Notification No. 38-16/2020-DD-III,
dated the 4"^ January, 2021. The posts mentioned in Annexure-
C of the said notification (to be read in conjunction with Notes 1
to 9 mentioned under the main Notification, dated 4'^ January,
2021) shall be used by the Cadre Controlling Authorities to give
effect to reservation in promotion to the PwBDs.
6. RESERVATION IN POSTS IDENTIFIED FOR ONE OR TWO
CATEGORIES

6.1 If in a Ministry/Department/Organization, a post is

identified suitable only for one categoiy of disability, reservation
in promotion in that post shall be given to persons with that
categoiy of benchmark disability only. However, reservation of4%
for PwBDs shall not be reduced in such cases and total
reservation in the cadre will be given to PwBDs for which it has
been identified. Likewise, in case the post is identified suitable for
two categories of disabilities, reservation shall be distributed
between persons with those categories of disabilities equally, as
far as possible. It shall, however, be ensured that reservation in
different posts in the establishment is distributed in such a way
that the PwBDs, as far as possible, get equal/fair representation.
The points used in the 100-point Roster after a gap of 25 points
shall be used to give reservation. In other words, it will be given
only at the points reserved for PwBDs, and not in a bunched
manner.

7. ADJUSTMENT OF PwBD CANDIDATES WHO ARE IN THE

ZONE OF CONSIDERATION AGAINST GENERAL VACANCY

7.1 In case of promotions by seniority-cum-fitness, if a PwBD

is otherwise eligible and is in the list of candidates finally
approved for promotion, he/she may be promoted against the
vacancy not specifically reserved for PwBD. In other words, a
PwBD cannot be denied promotion on the ground that the
vacancy is not earmarked for his category.
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7.2 In the case of promotion by selection, PwBDs selected

without relaxed standards, along with other candidates, will not
be adjusted against the reserved share of vacancies. The reserved
vacancies will be filled up separately from amongst the eligible
candidates with benchmark disabilities who are lower in merit
than the last candidate in merit list but, otherwise found suitable
for appointment, if necessaiy, by relaxed standards.

8. RELAXATION OF STANDARD OF SUITABILITY;

8.1 If sufficient number of PwBD candidates with benchmark

disabilities are not available on the basis of prescribed standard
to fill all the vacancies (in case of promotion through Limited
Departmental Competitive Examination/Departmental
Examination, etc.) reserved for them, candidates belonging to this
category may be selected on relaxed standard to fill up the
remaining vacancies reserved for them, provided they are not
found unfit for such post or posts. However, this provision shall
not be used to allow any relaxation in the eligibility criteria laid
down for the issuance of certificate of benchmark disability.

8.2 The same relaxed standard should be applied for all the
PwBD candidates with benchmark disabilities, irrespective of
whether they belong to the Unreserved/SO/ST/OBC category. No
further relaxation of standards will be considered or admissible
in favour of any candidate from any category whatsoever.
9. COMPUTATION OF NUMBER OF VACANCIES TO BE
RESERVED

9.1 Number of vacancies in a recruitment year to be reserved

for PwBDs in Group 'C, Group 'B' and Group 'A', wherever
reservation in promotion for PwBD is applicable, shall be
computed as 4% of the total number of vacancies in the cadre
strength, although the PwBDs would be posted against the
category of posts identified as suitable for them.
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10. EFFECTING RESERVATION - MAINTENANCE OF

ROSTERS

10.1 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 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.

10.2 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 No. 26 to point No. 50
3rd Block - Point No. 51 to point No. 75
4th Block — Point No. 76 to point No.100

10.3 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 (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. 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.

10.4 All 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
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falling at any of the points from 2 to 25 shall be treated as

reserved for the PwBD and filled, as such.

10.5 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.

10.6 There is a possibility that none of the vacancies from 1 to

25 is found suitable for any category of the PwBD. In that ease,
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
filled as reserved. This means that if no vacancy can be reserved
in a particular block, it shall be carried over to the next block.
10.7 After all the 100 points of the roster are covered, a fresh
cycle of 100 points shall start.
10.8 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 categoiy
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.

11. CERTIFICATE BY REQUISITIONING/CADRE

CONTROLLING AUTHORITY WHILE SENDING
APPLICATION FOR SELECTION BY
PROMOTIONS/DEPARTMENTAL EXAMINATION
INCLUDING LIMITED COMPETITIVE DEPARTMENTAL
EXAMINATION;

11.1 In order to ensure proper implementation of the

provisions of reservation for PwBDs, the requisitioning/cadre

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controlling authority, while sending the requisition/proposal to

the recruiting agency/DPC, as the case may be, for filling up of
vacancies through promotion by selection/Departmental
Examination/Limited Competitive Departmental Examination,
shall furnish the following certificate to the recruiting
agency/DPC: -

"It is certified that the requirements of the THE RIGHTS OF

PERSONS WITH DISABILITIES ACT, 2016 which has become
effective from 19^^ day ofApril, 2017 and Rules made thereupon,
vide Rights ofPersons with Disabilities Rules, 2017, and the policy
relating to reservationfor persons with benchmark disabilities has
been taken care of while sending this requisition/proposal. The
vacancies reported in this requisition/proposal fall at points
no ofcycle no of 100-point reservation roster out
of which number of vacancies are reserved for persons
with benchmark disabilities."

12. NOTICE OF VACANCIES FOR PROMOTION BY SELECTION

12.1 In order to ensure that PwBDs get a fair opportunity in

consideration for appointment against an identified post, the
following points shall be kept in view while sending the
requisition notice/proposal to the recruiting agencies (SSC,
UPSC etc.) and DPCs-
(i) Number of vacancies reserved for SCs, STs and each
category of PwBDs should be indicated clearly.
(ii) In respect of vacancies in posts identified suitable for being
held by PwBD, it shall be indicated that the post is
identified for that respective category of PwBDs from
amongst the categories, as mentioned in (a) to (e) of Para
2.2 above, as the case may be. Functional classification for
performing the duties attached to such post(s), shall also
be indicated clearly.
(iii)The PwBDs belonging to the category/categories for which
the post is identified shall be allowed to apply for the post
advertised for being filled up by Limited Departmental
Competitive Examination, even if no vacancy is reserved for

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them. However, they will not be allowed any relaxed

standard. Such PwBD candidates will be considered for
selection for appointment to the post by general standards
of merit.
(iv)lt shall also be indicated that persons with valid certificate
of benchmark disability shall alone be eligible for the
benefit of reservation. However, no benefit of reservation
shall be given on the basis of temporary certificate of
disability.

13.ZONE OF CONSIDERATION. INTERSE EXCHANGE AND

CARRY FORWARD OF RESERVATION IN CASE OF
PROMOTION

13.1 While filling up the reserved vacancies by promotion by

selection, those PwBD candidates who are within the normal
zone of consideration, shall be considered for promotion.
However, if adequate number of PwBD candidates of the
respective category are not available within the normal zone, the
zone of consideration may be extended to five times the number
of vacancies and the PwBD candidate falling within the extended
zone may be considered for promotion. In the event of non
availability of candidates even in the extended zone, the vacancy
shall not be filled and be carried forward to the subsequent year.
In the subsequent year, if a PwBD of the required category is not
available, the reservation can be exchanged with the other
categories, so that post can be filled by a person with other
category of disability, if possible. If a PwBD candidate of other
category is within the zone of consideration and within the
number of vacemcies available, he cannot be denied promotion
on the grounds of disability. If it is not possible to fill up the post
by reservation even in the 2"^^ year, the post may be filled by a
person other than a PwBD, and the reservation shall be carried
forward for two subsequent recruitment years, whereafter it
shall lapse.

13.2 While filling up vacancies by promotion by non-selection,

the eligible candidates with benchmark disabilities within the
normal zone of consideration shall be considered for promotion
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against the reserved vacancies. In case no eligible candidate of

the respective category of disability is available in the normal
zone of consideration, additional PwBD candidates of respective
category to the extent required shall be considered by going
down the seniority list, provided they are eligible, and that the
post is identified for them. In the event of non-availability of
PwBD candidates for promotion even in the extended zone, the
vacancy shall not be filled and shall be carried forward. In the
subsequent year^ if PwBD of respective category is not available,
the same can be exchanged with other categories of disabilities
identified for it. If it is not possible to fill up the vacancy by
reservation even by exchange, the reservation shall be carried
forward for two subsequent recruitment years, where-after it
shall lapse.

13.3 In order to ensure that cases of lapse of reservation are

kept to the minimum, any recruitment of the PwBD candidates
shall first be counted against the vacant posts brought forward
from previous yeeirs, if any, in the chronological order. If
candidates are not available for aU the vacancies, the older
carried-forward posts shall be filled first, and the current
vacancies shall be carried forweird, if not filled up, provided that
in every recruitment, the number of vacancies reserved for
PwBD, including the carried forward vacancies, shall be
announced beforehand, for the information of all aspirants.

14. HORIZONTALITY OF RESERVATION FOR PERSONS WITH

BENCHMARK DISABILITIES

14.1 Reservation for backward classes of citizens (SCs, STs

and OBCs) is called 'vertical' reservation and the reservation for
categories such as PwBDs and ex-servicemen is called
'horizontal' reservation. Horizontal reservation cuts across
vertical reservation (in what is called interlocking reservation)
and persons selected/promoted against the quota for PwBDs
have to be placed in the appropriate category viz.
SC/ST/OBC/Unreserved^depending upon the category to which
they belong in the foster meant for reservation of
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scs/STs/OBCs. To illustrate, if in a given year, there are two

vacancies reserved for the PwBDs, and out of two PwBDs
promoted, one belongs to Scheduled Caste and the other belongs
to Unreserved, the SC candidate with benehmark disability shall
be adjusted against the SC point in the reservation roster and
the Unreserved candidate with benchmark disability against the
unreserved point in the relevant roster. In ease none of the
vacancies falls on point reserved for the SCs,the candidate under
benchmark disability belonging to SC shall be adjusted in future
against the next available vacancy reserved for SC.
14.2 Since the PwBDs have to be placed in the appropriate
category, viz. SC/ST/OBC/Unreserved in the roster meant for
reservation of SCs/STs/OBCs,the application form (in respect of
Departmental examination for promotion) for the post should
require the candidates applying under the quota reserved for
PwBDs to indicate whether they belong to SC/ST/OBC or
unreserved.

15. annual reports regarding representation of

PERSONS WITH BENCHMARK DISABILITIES
15.1 The Ministries/Departments shall continue to upload
data on promotion of PwBDs, along with data on representation/
direct recruitment of PwBDs in respect of posts/services under
the Central Government on the URL i.e. www.rrcps.nic.in, as on
1st January of every year. All Ministries/Departments have been
provided respective user eode and password with guidelines for
operating the URL.
Ifi.LTAlSON OFFICER FOR PERSONS WITH BENCHMARK
DISABILITIES:

16.1 Liaison Offieers appointed to look after reservation

matters for SCs/STs shall also work as Liaison Officers for
reservation matters relating to PwBDs and shall ensure
compliance of instructions, as contained in DoPT CM
No.43011/153/2010-Estt (Res), dated 4.1.2013.
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17. MAINTENANCE OF REGISTER OF COMPLAINTS BY THE

GOVERNMENT ESTABLISHMENT
17.1 Every Government establishment shall appoint a senior
offieer of the Department as the Grievance Redressal Officer.
17.2 The Grievance Redressal Officer shall maintain a register
of complaints of Persons with Benchmark Disabilities with the
following particulars, namely: -
(a) date of complaint;
(b) name of complainant;
(c) the name of the establishment or person against whom
the complaint is made;
(d) gist of the complaint;
(e) date of disposal by the Grievance Redressal Officer; and
any other information.

17.3 Any person aggrieved with any matter relating to

discrimination in promotion, may file a complaint with the
Grievance Redressal Officer of the respective Government
establishment.

17.4 Eveiy complaint filed, shall be inquired into within two

months of its registration, and outcome thereof or action taken
thereon, shall be communicated to the complainant / PwBD.
18. All the Ministries/Departments are requested to bring the
above instructions to the notice of all appointing authorities
under their control.

(S.P. Pant)
Deputy Secretary to the Government of India
Ph.No.Ol 1-23093074
To

(i) The Secretaries of all Ministries/Departments of the

Government of India.
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(ii) The Secretary, Department of Financial Services, Ministry of

Finance, Jeevan Deep Building, Parliament Street, New
Delhi, with a request to issue similar instructions for
compliance by Public Sector Banks/Financial
Institution/Insurance Companies.
(iii) The Secretary, Department of Public Enterprises, CGO
Complex, Lodhi Road, New Delhi, with a request to issue
similar instructions for compliance by all Central Public
Sector enterprises.
(iv) The Secretary, Railway Board, Rail Bhavan, New Delhi,
(v) The Secretary, President Secretariat, Rashtrapati Bhavan,
New Delhi.
(vi) The Secretary, Union Public Service Commission, Dholpur
House, Shahjahan Road, New Delhi.
(vii) The Secretary, Central Vigilance Commission, A-Block, GPO
Complex, Satarkata Bhavan, INA, New Delhi, Delhi 110023.
(viii) The Secretary, Staff Selection Commission, CGO Complex,
Lodhi Road, New Delhi.
(ix) The Registrar (Administration), Supreme Court ofIndia, New
Delhi.
(x) The Joint Secretary (Administration), Prime Minister's
Office, South Block, New Delhi.
(xi) The Sr. Principal Secretary, Election Commission of India,
Nirvachan Sadan, New Delhi.
(xii) The Joint Secretary(Administration), Lok Sabha Secretariat,
Parliament House Annexe, New Delhi.
(xiii) The Joint Secretary (Administration), Rajya, Sabha
Secretariat, Parliament House Annexe, New Delhi.
(xiv) The Joint Secretary (Administration), Cabinet Secretariat,
Rashtrapati Bhavan, New Delhi.
(xv) The Joint Secretary (Administration), Niti Aayog, Parliament
Street, New Delhi.
(xvi) The Deputy CSsAG, Office of the Comptroller & Auditor
General of India, 10 Bahadur Shah Zafar Marg, New Delhi
(xvii) Officer of the Chief Commissioner for Persons with
Disabilities, Sarojini House, 6, Bhagwan Das Road, New
Delhi-110001

If
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(xviii) All Officers and Sections in the Ministry of Personnel,

Public Grievances and Pensions and all
attached/subordinate Offices of this Ministry.
(xix) Director, NIC, DOPT - with the request to immediately place
this OM on the website of this Department("what's new" tab)
for information of all concerned.