Facts
The seven applicants, officers of the Delhi Administration Subordinate Services (DASS) Grade-I, sought assignment of panel year 2016 for the purpose of extending reservation benefits applicable to Persons with Disabilities (PwD) officers.
Source reference: p.3Their principal relief was to direct the respondents to assign them panel year 2016, corresponding to the commencement of the Rights of Persons with Disabilities Act, 2016.
Source reference: p.3In its affidavit dated 8 May 2026, the respondents stated that, under the Department of Personnel and Training Office Memorandum dated 28 December 2023, the benefit of reservation for PwD officers of DASS Grade-I could be extended with effect from 30 June 2016, subject to consideration through a Review Departmental Promotion Committee (Review DPC).
Source reference: p.3In view of this statement, the applicants stated that their grievance substantially did not survive, but requested that the Review DPC be conducted within a fixed period.
Source reference: p.3Issues
Whether the applicants were entitled to consideration of the benefit of reservation applicable to PwD officers of DASS Grade-I with effect from 30 June 2016 through a Review DPC.
Source reference: p.3Whether the respondents should be directed to convene and conduct the Review DPC within a time-bound period.
Source reference: p.3Law Applied
The Tribunal applied the Department of Personnel and Training’s Office Memorandum No. 36012/1/2020-Estt.(Res-II) dated 28 December 2023, under which reservation benefits for PwD officers of DASS Grade-I could be extended with effect from 30 June 2016, subject to consideration in accordance with the applicable policy and instructions through a Review DPC.
Source reference: p.3The Tribunal also applied the principle that where the respondents concede that a claim may be considered under the governing policy, the appropriate relief may be a direction for consideration by the competent authority rather than a direct grant of the substantive benefit.
Source reference: p.4Reasoning
The respondents’ affidavit acknowledged that the applicants’ claim could be considered retrospectively from 30 June 2016 under the applicable DoP&T instructions, but clarified that the benefit was to be processed through a Review DPC.
Source reference: p.3Since the applicants accepted that this statement substantially addressed their grievance, the Tribunal did not adjudicate the entitlement to the benefit directly.
Source reference: p.3Instead, it treated the respondents’ statement as the basis for directing the convening and conduct of the Review DPC.
Source reference: p.4As both parties consented to a time-bound direction, the Tribunal required the respondents to act expeditiously and preferably within three months of receiving the order.
Source reference: p.4Holding
The O.A. was disposed of with a direction to the respondents to convene and conduct a Review DPC in accordance with the respondents’ statement and the DoP&T Office Memorandum dated 28 December 2023, as expeditiously as possible and preferably within three months from receipt of the order.
The Tribunal therefore directed consideration of the applicants’ claim for PwD reservation benefits with effect from 30 June 2016, without itself granting the benefit or assigning the panel year.
Source reference: p.4Pending miscellaneous applications, if any, were also disposed of.
Source reference: p.4Original Court PDF
S G S SisodiavsHOME AFFAIRS
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