Authorities must reconsider PwBD promotion-reservation claims under applicable DoPT instructions.

Three applicants, who are Persons with Benchmark Disabilities (PwBD) and employees in the CSBO cadre under the Ministry of Defence, challenged the rejection of their representations seeking reservation in promotion.

The rejection relied, in part, on the absence of a recommendation from the Commanding Officer.

The respondents also argued that reservation in promotion did not apply because direct recruitment in the CSBO cadre exceeded 75%.

The applicants relied on DoP&T Office Memoranda dated 17 December 2022 and 28 December 2023, and on the Tribunal’s decision in OA No. 542/2022, decided on 8 September 2025.

Whether the respondents’ interpretation of paragraph 2.1 of the DoP&T Office Memorandum dated 17 December 2022 justified rejecting the applicants’ claim for reservation in promotion.

Whether the rejection of the applicants’ representations should be set aside and their claims reconsidered under the applicable DoP&T instructions and the Tribunal’s decision in OA No. 542/2022.

The Tribunal considered the DoP&T Office Memorandum dated 17 December 2022, including the condition concerning reservation in promotion in cadres where the element of direct recruitment does not exceed 75%, and the DoP&T Office Memorandum dated 28 December 2023.

Paragraph 5(v) of the latter advises Ministries and Departments to assess their requirement for supernumerary posts and submit a consolidated proposal through DoP&T, with the specified approvals and concurrence.

The Tribunal also relied on its decision in OA No. 542/2022, which it found covered the issue raised in this case.

The Tribunal found merit in the applicants’ contention that the respondents had misconstrued paragraph 2.1 of the 17 December 2022 Office Memorandum.

It held that the respondents’ reliance on the stated direct-recruitment percentage could not, as applied in the rejection order, sustain the denial of the claim.

Because the issue was covered by the Tribunal’s earlier decision in OA No. 542/2022, and the applicants’ claim also required consideration under the applicable instructions, the Tribunal directed reconsideration rather than itself determining their ultimate entitlement to promotion reservation.

The competent authority was directed to reconsider the applicants’ claim for reservation in promotion in accordance with law, the applicable DoP&T instructions, and the Tribunal’s order in OA No. 542/2022; issue a reasoned and speaking order within three months of receiving a certified copy of the order; and communicate its decision to the applicants forthwith.

No order as to costs was made.