Mandates Submission of Representation for Inclusive Promotion Practices in Response to Discriminatory Policy Claims
In a landmark judgment, the Delhi High Court has directed the State Bank of India (SBI) to reconsider its promotion policy, which has been challenged by the Visually Impaired Bank Employees Welfare Association for being discriminatory against visually impaired employees. The court emphasized the need for inclusive practices and reasonable accommodations to ensure equal opportunities for all employees, regardless of disability.
The case, titled "Visually Impaired Bank Employees Welfare Association v. State Bank of India," was presided over by Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia. The petition was filed under Article 226 of the Constitution, challenging SBI's promotion policy for Senior Management Grade Scale (SMGS) - IV and V. The policy mandates prior experience in roles such as Branch Manager or Credit/Trade Finance, which are inherently inaccessible to visually impaired officers due to the absence of assistive technology.
The court found that these requirements disproportionately disadvantage visually impaired officers and are indirectly discriminatory. It highlighted the need for SBI to propose reasonable accommodations and alternative pathways to address systemic barriers to promotion. The judgment aligns with Section 20(3) of the Rights of Persons with Disabilities Act, 2016, which states that promotion should not be denied merely on the grounds of disability.
The petitioners argued that the roles of Branch Manager and Credit Officer require tasks that are visually demanding and lack the necessary assistive technology to enable visually impaired officers to perform effectively. They further contended that the policy results in career stagnation for visually impaired employees and violates their rights under Article 14 of the Constitution.
In response, SBI argued that many visually impaired officers are already discharging the mandatory assignments and being considered for promotions. However, the court noted that while the policy is facially neutral, it fails to consider the practical difficulties faced by visually impaired officers in fulfilling these requirements.
The judgment directs the Visually Impaired Bank Employees Welfare Association to submit a detailed representation to SBI, outlining the officers adversely affected by the policy and suggesting concrete measures to enable compliance with the promotion requirements. This representation must also include practices adopted by other public sector banks to accommodate visually impaired officers.
The court ordered that this representation be submitted within four weeks, and SBI is required to review it within twelve weeks, considering feasible suggestions to align with the objectives of the RPwD Act. The ruling underscores the court’s commitment to ensuring that visually impaired employees are provided with equal opportunities to advance in their careers, free from systemic discrimination.
Bottom line:-
Rights of Persons with Disabilities - Promotion policy of State Bank of India for visually impaired employees - Criteria mandating branch manager or credit/trade finance experience found discriminatory and exclusionary - Court directs submission of representation to SBI for alternative pathways and reasonable accommodations to ensure equal opportunities.
Statutory provision(s): Rights of Persons with Disabilities Act, 2016 Section 20(3), Constitution of India Article 14
