Archive · 12 Aug 2026
Kerala High Court upholds 4% disability quota in promotions
In India, people with disabilities sometimes get extra help to make things fair, like a special quota that sets aside some jobs for them.
In the state of Kerala, the rule says 4 out of every 100 promotions should go to people with disabilities.
A man with a 40 per cent disability works as a senior clerk at the Police Telecommunication Headquarters in Thiruvananthapuram.
He believed the government should have promoted him because of this rule, so he asked a tribunal to help.
The tribunal agreed and told the government to consider giving him the promotion.
The government did not follow the order, so the man complained again.
A high court judge then said the man should be considered for the promotion under the quota.
However, the judge also said the tribunal went too far when it gave extra orders during the complaint process.
The court explained that a tribunal looking into a contempt complaint can only check whether an order was followed, not order new things.
So the man can still ask the tribunal to check whether the government followed the rules.
The Kerala High Court upheld the 4 per cent disability quota reservation in promotions in state government jobs.
It confirmed the Kerala Administrative Tribunal's August 2, 2022 order directing consideration of a senior clerk with a 40 per cent benchmark disability for promotion under the quota.
The court set aside the tribunal's August 29, 2024 interim order in contempt proceedings, holding that positive directions cannot be issued in contempt jurisdiction.
The court rejected the State's reliance on its October 26, 2023 government order because it had already been set aside in Shoyab K A v State of Kerala, a decision upheld by the Supreme Court.
The ruling clarifies that the employee remains free to pursue his pending contempt petition, which the tribunal must decide in accordance with law.
- Who
- A bench of Justices Anil K Narendran and Muralee Krishna of the Kerala High Court; the case involved a senior clerk with a 40 per cent benchmark disability and the Government of Kerala.
- What
- The court upheld the Kerala Administrative Tribunal's 2022 order directing consideration of the disabled employee's promotion under the 4 per cent disability quota, but set aside the tribunal's 2024 interim contempt order.
- When
- The judgment was delivered on August 3; the tribunal's original order was dated August 2, 2022, and the set-aside interim order was dated August 29, 2024.
- Where
- Kerala, India — the employee works at the Police Telecommunication Headquarters in Thiruvananthapuram.
- Why
- To affirm that persons with disabilities are entitled to the 4 per cent reservation in promotions while clarifying that positive directions cannot be issued in contempt proceedings.
- Court
- Kerala High Court
- Bench
- Justices Anil K Narendran and Muralee Krishna
- Reservation
- 4 per cent for persons with disabilities in promotions
- Employee
- Senior clerk with a 40 per cent benchmark disability
- Workplace
- Police Telecommunication Headquarters, Thiruvananthapuram
- Order upheld
- Tribunal order dated August 2, 2022
- Order set aside
- Interim contempt order dated August 29, 2024
- Key related case
- Shoyab K A v State of Kerala