Facts
The applicant, a Person with Benchmark Disability (PwBD) with 77% locomotor disability employed by Respondent No. 1 (SAIL), challenged his non-consideration for promotion
Source reference: para. 1Having received no response from SAIL regarding his internal representations, the applicant approached the Nodal Ministry (Ministry of Steel) via a representation dated 17.02.2025
Source reference: para. 2Although the Ministry issued multiple reminders to the Chairman of SAIL between March 2025 and February 2026, SAIL allegedly failed to cooperate, resulting in a prolonged delay in deciding the applicant's status
Source reference: para. 4-5The applicant sought a direction for a time-bound disposal of his pending representation
Source reference: para. 10Issues
1. Whether the applicant is entitled to a time-bound decision on his representation regarding reservation in promotion for PwBD candidates
Source reference: para. 10-122. Whether Respondent No. 1 (SAIL) is legally obligated to cooperate with the administrative Ministry to facilitate the disposal of personnel grievances
Source reference: para. 11-12Law Applied
Department of Personnel & Training (DoPT) Office Memorandum (OM) dated 17.05.2022, which mandates reservation in promotion for PwD candidates up to the lowest rung of Group ‘A’ posts in the Central Government
Source reference: para. 5DoPT OMs dated 07.02.2025 and 04.04.2025, which clarify that as SAIL functions under the administrative control of the Ministry of Steel, the reservation instructions for PwD are applicable to its employees
Source reference: para. 5Reasoning
The Tribunal observed that the applicant’s grievance remained unaddressed primarily due to the "non-cooperation" of SAIL with its administrative Ministry
Source reference: para. 5It reasoned that a final decision by Respondent No. 3 (Ministry of Steel) could not "fructify" without the prior input and cooperation of the employer, SAIL
Source reference: para. 11Rather than adjudicating on the merits of the promotion itself, the Tribunal focused on the administrative failure to process the representation
Source reference: para. 14By setting specific timelines for both the employer to respond to the Ministry and for the Ministry to pass a speaking order, the Tribunal aimed to resolve the procedural deadlock that prevented the application of DoPT’s reservation clarified instructions
Source reference: para. 12Holding
The Tribunal disposed of the OA at the admission stage without expressing an opinion on the merits of the case
It directed Respondent No. 1 (SAIL) to respond to the Ministry’s communications and extend full cooperation within 15 days
Source reference: para. 12Thereafter, Respondent No. 3 (Ministry of Steel) was directed to consider and dispose of the applicant’s representation by passing a reasoned and speaking order within one month from the date of receipt of the certified copy of the order
Source reference: para. 12No costs were awarded
Source reference: para. 15Original Court PDF
Rajesh KumarvsSTEEL AUTHORITY OF INDIA LIMITED (SAIL)
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