Court: Court of Chief Commissioner for Persons with Disabilities, New Delhi
Bench/Presided by : Ms. Upma Srivastava, CCPD
Case No: : 13348/1021/2022
Case Title: Visually lmpaired Bank Employees Welfare Association (VIBEWA) Vs. The Chairman, State Bank of India & Ors.
Date of Order: 01 December 2022
Brief of the Case:
The petitioner
Visually Impaired Bank Employees Welfare Association (VIBEWA) is an association
of visually impaired people working in the banking, insurance and other
financial sectors in India. VIBEWA is the first association in the country
formed exclusively for the empowerment and welfare of visually impaired
employees in the banking and other financial sectors.
VIBEWA challenged the impugned Promotion Policy issued by the State Bank of India on 21 Jan 2022 to the grades of SMGS IV and SMGS V (2022-23) as being discriminatory towards employees with vision disabilities vis-a-vis their non-disabled counterparts.
On one hand the SBI has exempted employees with disabilities from RUSU (Rural and Semi Urban) assignments as a reasonable accomodation but the impugned promotion policy brings in the marks for mandatory assignments of branch experience, branch manager assignment and credit assignments as a pre-condition for promotion to SMGS IV and
SMGSV without giving any suitable alternate to visually impaired employees. The policy under challenge gives a 5% weightage in the form of marks for work
experience in branches while arriving at the final merit list for promotions to
SMGS IV and SMGS V. But in reality, no visually impaired officers are posted by SBI to these very assignments as the functions attacehd to these assignments are visual in nature. This means the visually impaired officers will be at mercy of junior employees to perform a part of that function/task which would put them in vulnerable situation in which high probabilility of commission of fraud exists.
Most visually impaired in the officer cadre in SBI are posted in establishments other
than branches such as regional offices, credit processing cells, zonal
offices, etc., as the jobs in such offices are more suitable for them to be
productive.
However, the weightage in
marks for branch experience would put those visually impaired without branch
experience at a highly disadvantageous position for no fault of theirs’ and in
fact would put them in a position of -5 (minus five marks) at the beginning
itself vis-à-vis their non disabled counterparts. Such a policy would not only put the existing officers due to promotion at a disadvantage but also would force others to get posted in branches
where the assignments are not ideally suitable for higher cadres like MMGS III.
This will jeopardize their entire career and thus is a ploy to withhold them
from equal opportunities of promotion.
The petitioner avered that the impugned policy acted as a ‘barrier’ leading to ‘discrimination’ on the basis of disability in carrier progression of officers with visual disabilities and defeats the spirit of RPWD Act, DoPT guidelines and SBI’s own equal opportunity policy and would simply mean that a officer with blindness would start with minus five (-5) in the merit list of the promotion vis a vis his non-disabled counterparts.
On enquiry of the Hon'ble court about the procedure which existed before this impugned promotion policy came into effect, the respondent informed that prior to the impugned policy, the requirement of operational assignment was not there.
Petitioner submitted that evidently the visually impaired in the banking sector have proved to be very productive in the jobs relating to marketing, recoveries, digital promotions, Human Resources, training, research, monitoring and follow up etc. and SBI is no exception. In fact, some visually impaired officials have received the highest ratings for their performance in their annual appraisal while competing with officials without disabilities, which means bank itself has recognized them as the best in that particular area of work. Therefore, the respondent bank as a reasonable accommodation should identify assignments/ job roles for visually impaired which they are already successfully performing and count such jobs in place of or equal to the mandatory assignments for the purpose of arriving at final merit list for promotion. And thus VIBEWA prayed before the court seeking directions:-
a.
Exempting visually impaired officials from the marks assigned to branch
experience in promotions to SMGS IV and SMGS V in arriving at final merit list,
as a reasonable accommodation.
b.
Exempting visually impaired officials from mandatory assignments in
arriving at final merit list for all promotions, similar to exemption from RUSU (Rural and Semi Urban) assignment, as a reasonable accommodation.
c.
To identify roles/ jobs that are
performed by visually impaired officials and count the jobs/ work experience of
visually impaired officers relating to marketing, recoveries, digital
promotions, HR, training, research, monitoring and follow up etc. as equivalent to the current mandatory
assignment introduced by the impugned policy with respect to vision impaired
employees, as a reasonable accommodation.
d.
In respect of any visually impaired official who is eligible for
promotion to SMGS IV and SMGS V in the promotion year 2022-23, the respondent needs
to exclude the mandatory branch manager/credit assignment and reconsider the
candidature of such officials for the purpose of arriving at the final merit
list. The final merit of such an official be
arrived at excluding the marks for branch experience by normalizing their score
to 100 by the marks they have scored out of 95.
"The Rights of Persons with Disabilities Act, 2016 provides for equality in employment. lt
is certain that intention of the statute is that no policy can be framed which is discriminatory
to divyang employees. Such a policy (impunged by VIBEWA) will leave divyang
employees with Visual lmpairment in situation where they will either be dependent upon
mercy of other employees of whom they are taking assistance of or else it will be impossible
for them to perform such functions in individual capacity and hence they will never be
considered to promotion to the posts of SMGS-IV and SMGS-V. The impugned promotion
policy excludes divyang employees with Visual lmpairment hence, such a policy must be
done away with or reasonable accommodation for visually impaired should be provided for
in the policy.", the court concluded.
Accordingly the Hon'ble Court made the following recommendations: -
a) ln case of divyangjan with Visual Impairment similar weightage in marks should
be given to them for performing some other functions which they can easily
perform in individual capacity and without exposing themselves to
unnecessary risk.
b) Complainant in its reloinder has given list of various posts. Functions associated
with such posts can be performed by divyangjan with Visual Impairment in
individual capacity. Hence, Respondent is recommended to consider
performance of divyang employees with Visual Impairment holding such posts
while evaluating them for promotion, instead of considering 'branch experience',
'mandatory branch manager assignment' and 'credit assignment'.
c) Accordingly, the policy should be reviewed to prevent exclusion and provide
reasonable accommodation for giving them equal opportunity in promotion.
Read the Order below:
