Odisha government fails to implement 4 percent reservation in promotion for employees with disabilities: OAB
Bhubaneswar (By Abhishek Mohanty):
The Orissa Association for the Blind (OAB) has expressed grave concern and disappointment over the alleged failure of the Government of Odisha to implement the legally mandated 4% reservation in promotion for employees with benchmark disabilities, as per the Rights of Persons with Disabilities (RPwD) Act, 2016, and relevant precedents.
In a press meet held by the OAB in Bhubaneswar on Sunday, Advocate Rajat Kumar Mishra said, "Despite the clear judgment passed by the High Court of Orissa on 30th January 2024 in W.P.(C) No.16512 of 2023 (Orissa Association for the Blind vs State of Odisha & Others), which categorically directed the state government to take necessary action within three months, the Social Security & Empowerment of Persons with Disabilities (SSEPD) Department has wilfully failed to act.
The Chief Justice Dr.B.R.Sarangi (Acting Chief Justice) and Justice M.S.Raman directed the State to consider the implementation of 4% reservation in promotion under Section 33(i) and 20(3) of the RPwD Act, 2016, referencing the Government of India’s DoPT memorandum dated 17.05.2022 and the Supreme Court’s judgment in Civil Appeal No.1567 of 2017 (Siddaraju v.State of Karnataka).
Eighteen months later, the SSEPD Department has not taken a single concrete step to implement the Court's order. This deliberate inaction is attributed to the Additional Secretary of the SSEPD Department Sonia Behera, who has held office for over seven years and is repeatedly found to have misled the government on matters concerning disability rights, including promotion and direct recruitment reservations.
It is a matter of regret that even after a grievance was lodged with the Chief Minister's Grievance Cell (Acknowledgement No.20241230-CMO-0113 dated 30.12.2024), which was forwarded to the SSEPD Department by the Chief Minister himself, no action has been taken, clearly reflecting the Department's blatant disregard for both executive and judicial authority. The General Administration & Public Grievance (GA&PG) Department, in its Letter No.GAD-SC-MISC-0006-2017-6716/Gen dated 27.03.2017, had earlier directed all departments to calculate and report backlog vacancies for PwDs from 1996, and emphasized implementation of promotion quotas up to Group A posts as per Resolution No.34450/Gen dated 03.12.2013. Yet, no compliance or follow-up action has been ensured by SSEPD Department till date.
This continued negligence and misuse of authority by officials in the SSEPD Department has caused irreparable harm to hundreds of PwD employees, depriving them of rightful career progression and fair representation in public service.
The OAB strongly condemns such dereliction of duty."
The OAB demands a thorough and time-bound inquiry by the Chief Secretary of Odisha into the conduct of the Additional Secretary in charge of the reservation branch of SSEPD Department.
Immediate implementation of 4% reservation in promotions and direct recruitment for PwDs, as per the RPwD Act and judicial pronouncements.
The Association also demanded accountability and necessary disciplinary action against officials responsible for marginalizing the PwD employee community in Odisha.
This was stated by General Secretary, OAB Prasant Kumar Dash
