Bank to reconsider withdrawal of promotion offered to a Person with Disability

Lawyers associated with Nyayasarathy approached the Bombay High Court on behalf of an employee of a PSU bank with muscular dystrophy, who was promoted to a managerial post only to have the same withdrawn subsequent to an accident at work. The petition challenged the withdrawal and the declaration by the employer stating that he was ‘permanently unfit’ for promotion on account of his disability in violation of provisions of the Persons with Disabilities Act 2016. The petition was disposed off by the High Court of Bombay on account of the Banks statement in court to reconsider its decision and that it will pass an appropriate order as per law. The court ordered for a  fresh decision to be taken within a period of four weeks and should take note of the decision of the Apex Court in the case of Siddaraju vs. State of Karnataka according to which there is no bar on reservations for promotions when it comes to persons with disabilities. 

The employee was thereafter promoted to the managerial post after a fresh decision was taken in the matter.

Read the final order here.