No. 392]

CHENNAI, FRIDAY, JULY 18, 2025

Aadi 2, Visuvaavasu, Thiruvalluvar Aandu-2056

Part II—Section 1

Notifications or Orders of specific character or of particular interest to the public

issued by Secretariat Departments.

NOTIFICATIONS BY GOVERNMENT

[Regd. No. TN/CCN/467/2012-14.

GOVERNMENT OF TAMIL NADU

[R. Dis. No. 197/2009.

2025

[Price: Rs. 3.20 Paise.

[ 1 ]

Ex-II-1(392)

WELFARE OF DIFFERENTLY ABLED PERSONS DEPARTMENT

[RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 - RESERVATION IN PROMOTION FOR THE

PERSONS WITH BENCHMARK DISABILITIES (PWBD) - INSTRUCTIONS - ISSUED.]

No. II(1)/WDAP/19(b)/2025.

The following Government Order is published:-

[G.O. Ms. No. 6, Welfare of Differently Abled Persons (DAP-3.2), 21st June 2025,

ஆனி 7, விசுவாாவசு, திருவள்ளுவர் ஆண்டு-2056.]

Read:-

1. The Rights of Persons with Disabilities Act, 2016 (Central act 49 of 2016).

2. G.O.(Ms) No.29 Welfare of Differently Abled Persons (DAP-3.2) Department dated: 03.12.2022

3. G.O.(Ms) No.33 Welfare of Differently Abled Persons (DAP-3.2) Department dated: 15.12.2022

Order:- No.6, Welfare of Differently Abled Persons (DAP-3.2) dated 21st June 2025.

section 34(1) of the Rights of Persons with Disabilities Act, 2016 provides as follows:-

“34. Reservation- (1) Every appropriate Government shall appoint in every Government establishment, not

less than four percent of the total number of vacancies in the cadre strength in each group of posts meant to

be filled with persons with benchmark disabilities of which, one percent each shall be reserved for persons with

benchmark disabilities under clauses (a), (b) and (c) and one percent for persons with benchmark disabilities

under clauses (d) and (e), namely:—

TAMIL NADU

GOVERNMENT GAZETTE

EXTRAORDINARY

PUBLISHED BY AUTHORITY

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

(a)

Blindness and low vision

(b)

Deaf and hard of hearing

(c)

Locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid

attack victims and muscular dystrophy

(d)

Autism, intellectual disability, specific learning disability and mental illness

(e)

Multiple disabilities from amongst persons under clauses (a) to (d) including

deaf-blindness in the posts identified for each disabilities

Provided that the reservation in promotion shall be in accordance with such instructions as are issued by

the appropriate Government from time to time.

2. In the G.O. second read above, orders have been issued constituting a Sub Committee for the provision

of four percent reservation in promotion for the Persons with Benchmark Disabilities (PwBD) and to take action

for constitution of a High Level Committee for the purpose of scrutinizing the report of the Sub-Committee.

3. In the G.O. third read above, orders have been issued constituting a High Level Committee under the

Chairmanship of Secretary to Government, Human Resource Management Department to scrutinize the report of

the Sub-Committee and provide its recommendation on the report.

4. The High Level Committee discussed the reports of the Sub-Committee, in its meeting held on 19.08.2024

with the participation of its Chairman and the Members, and recommended to provide four percent reservation in

promotion to the Persons with Benchmark Disabilities.

5. After careful examination, the Government have decided to accept the recommendations of the High

Level Committee and ordered to provide four percent reservation in promotion to the Persons with Benchmark

Disabilities and issue the instructions regarding reservation in promotion to the Persons with Benchmark Disabilities,

in annexure to this order.

(By order of the Governor)

ANNEXURE

Instructions Regarding Reservation In Promotion For Persons With Benchmark Disabilities

In accordance with the first proviso to sub section (1) of Section 34 of the Rights of Persons with Disabilities

Act, 2016, Central Act 49 of 2016, the State Government issues the following instructions -

1. Applicability

(1) These instructions will come into effect from the date of issue.

(2) Reservation in promotion for Persons with Benchmark Disabilities (PwBD) shall be applicable only to

the identified posts notified by the Government where the cadre strength of a post is more than five

(5). Such identification shall be made only for posts carrying a pay level up to pay level 25 in each

Government Establishment.

(3) These instructions are applicable to all Government Establishments as defined in Section 2(k) of the

Rights of Persons with Disabilities Act, 2016.

2. Quantum of reservation

(1) 4% of the total number of vacancies in a post shall be reserved for Persons with Benchmark Disabilities

(PwBD) in the following cases:

(2) Promotions

(3) Recruitment by Transfer (lower pay scale to higher pay scale)

(4) Against the posts identified for each disability, unless and otherwise excluded by the State Government,

the following shall be the distribution of reservation:–

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Disability

Percentage of

Reservation

(a) Blindness and Low Vision

(b) Deaf and Hard of Hearing

Dwarfism, Acid Attack victims and Muscular Dystrophy

(d) Autism, Intellectual Disability, Specific Learning Disability, mental

illness

(e) Multiple disabilities from amongst persons under clauses (a) to (d)

including deaf-blindness

(1) The certificate of disability and the percentage of disability issued by the competent medical authority,

shall be verified by the appointing authority at the time of consideration of names for inclusion in the panel for

appointment / promotion, from the certifying authorities as specified in Schedule - II of the Tamil Nadu Rights

of Persons with Disabilities Rules, 2018 in the district where the Persons with Benchmark Disabilities is working.

This applies only to those being considered under the reservation for Persons with Benchmark Disabilities.

3. Identification of posts including exemption of posts

(1) The State Government shall complete the process of identification of posts for promotion of Persons with

Benchmark Disabilities as per the provisions of the Rights of Persons with Disabilities Act.

(2) The posts identified as being suitable to be held by Persons with Benchmark Disabilities shall be

notified by the Welfare of Differently Abled Persons Department in consultation with the concerned department,

in accordance with Section 33 of the Rights of Persons with Disabilities Act, 2016. These notifications, issued

from time to time, shall be used to give effect to these instructions for reservation in promotion of Persons with

Benchmark Disabilities.

(3) The posts mentioned in the said notification shall be given effect for reservation in promotion of Persons

with Benchmark Disabilities by the appointing authorities concerned of every Government Establishment.

4. Exemption from reservation in promotion for persons with benchmark disabilities

(1) Provision to section 34 of the Rights of Persons with Disabilities Act, 2016, states that the appropriate

Government may, having regard to the type of work carried on in any establishment, by notification and subject

to such conditions, if any, exempt any establishment from the provisions of this Section.

(2) Accordingly, if any Head of the Department considers it necessary to exempt any establishment, it shall

make a representation to the State Government, giving full justification for the proposal. The State Government, in

consultation with the State Commissioner for Persons with Disabilities, having regard to the type of work carried

out in any Government Establishment, by notification and subject to such condition, if any, as may be specified

in the said notification, may exempt any Government Establishment from the provisions of reservation for Persons

with Benchmark Disabilities in promotion, as provided in the second proviso to sub-section (1) of section 34 of

the Rights of Persons with Disabilities Act, 2016.

5. No denial of promotion on grounds of disability

(1) In terms of Section 20(3) of the Rights of Persons with Disabilities Act, 2016, no promotion shall be

denied to a person merely on the ground of disability. As such, this will not affect the normal course of promotion

of any Persons with Benchmark Disabilities to the higher post, whether identified or not.

(2) In terms of Section 20(4) of the Act, no Government Establishment shall dispense with or reduce in

rank an employee who acquires a disability during his/her service. As per the proviso to this sub-section, if an

employee, after acquiring disability is not suitable for the post he was holding, shall be shifted to some other

post with the same pay scale and service benefits. This section further provides that if it is not possible to adjust

the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he

attains the age of superannuation, whichever is earlier. However, in case the Persons with Benchmark Disabilities

for whom the supernumerary post was created is eligible for the next promotion to the higher pay level, and if

it is not possible to adjust the employee against any post, a fresh creation of supernumerary post equivalent to

next higher level post will be required by surrendering the previously created supernumerary post at the lower

level, if any following the regular procedures.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

6. Reservation when post identified only for one or two categories of disability

If in a Department, a post is identified suitable only for one category of disability, then reservation in promotion

in that post shall be given to persons with that category of benchmark disability only. However, reservation of 4%

for Persons with Benchmark Disabilities shall not be reduced in such cases and total reservation in the cadre

will be given to the specified category of disability for which it has been identified. Likewise, in case a post is

identified as suitable for two categories of disabilities, reservation shall be distributed between persons with those

categories of disabilities equally, as far as possible, in the order of disabilities as listed in Section 34(1) of the

Rights of Persons with Disabilities Act, 2016.

Illustration 1: If a post has been identified as suitable only for those with blindness and low vision, then

the total 4% reservation for Persons with Benchmark Disabilities shall be allocated to persons with blindness and

low vision with Benchmark Disabilities for that post.

Illustration 2: If a post has been identified as suitable for those with Blindness and Low Vision and those

with Locomotor Disability with Benchmark Disabilities, then the 4% reservation shall be split between those with

Blindness and Low Vision and Locomotor Disability equally with Benchmark Disabilities i.e., 2% for Blindness

and Low Vision and 2% for Locomotor Disability. The turn so reserved will alternate between Blindness and Low

Vision and Locomotor Disability – 25th, 75th, 125th, 175thturns will be Blindness and Low Vision, 48th, 100th,

148th, 200thturns for Locomotor Disability.

7. Zone of Consideration

While considering the names for inclusion in the panel to fill up the appropriate turns reserved for Persons

with Benchmark Disabilities by promotion, the Persons with Benchmark Disability candidates who are within the

normal zone of consideration, shall be considered for promotion first. However, if adequate number of Persons

with Benchmark Disability candidates of the respective category are not available within the normal zone, the

zone of consideration may be extended to five times the number of vacancies and the Persons with Benchmark

Disability candidate from the respective category of disability falling within the extended zone may be considered

for promotion, if he is otherwise qualified for promotion as per the rules governing the post concerned.

8. Implementation of reservation while opting for higher post

If the service rules of a particular Government Authority provides for promotion to multiple higher posts

(identified and not identified), reservation in promotion shall be given only to the identified post(s).

9. Procedure for implementation of reservation in promotion

(1) For the purpose of implementation of this horizontal reservation, the unit of appointment vacancy in a

post for promotion / recruitment by transfer, shall be 200.

(2) In services where the reservation in promotion is already being followed, the existing communal roster

being used shall apply. The roster points given in these Instruction shall additionally apply in those cases.

(3) Out of the above 200 vacancies, the following turns shall be earmarked for Persons with Benchmark

Disabilities. The distribution of these turns among various categories of disabilities following the order stated in

Section 34(1), Rights of Persons with Disabilities Act, 2016 shall be as follows –

turn

Category of PwBD

Turn 25, 125

Blindness and Low Vision

Turn 48, 148

Deaf and Hard of Hearing

Turn 75, 175

Locomotor Disability (including Cerebral Palsy,

Leprosy Cured, Dwarfism, Acid Attack victims and

Muscular Dystrophy)

Turn100, 200

Autism, Intellectual Disability, Specific Learning

Disability and mental illness and multiple disabilities

of blindness and low vision and/or deaf and hard

of hearing and/or locomotor disability and/or autism

and/or intellectual disability, specific learning

disability and/or mental illness including blind-deaf.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

10. Adjustment of PwBD in general vacancy

In case of promotions, if a Persons with Benchmark Disability is otherwise eligible and is included in panel

for a particular year, in the list of candidates finally approved for promotion, the Persons with Benchmark Disability

may be promoted as and when his name reaches for promotion even against the vacancy not specifically reserved

for Persons with Benchmark Disability. In other words, a Persons with Benchmark Disability cannot be denied

promotion on the ground that the vacancy is not earmarked for their category.

11. Maintenance of Roster / Register for reservation in promotion for PwBDs

Appointing Authorities shall maintain a 200 point register for promotion for every identified post as detailed

in Para 10 above. This promotion register shall be separate from the register maintained for direct recruitment.

If the Appointing Authority is maintaining a roster if any, for any post (having more than one feeder category),

as per the ad-hoc/special rules for filling the vacancies, the next point of this roster shall be fitted as Point No.

1 in the roster/register for reservation in promotion for Persons with Benchmark Disability. The appointing authority

shall continue to maintain both the rosters.

Illustration:

Post “X” is filled from feeder categories A and B in a ratio of 2:1 for which a roster is maintained. In

implementation of this ratio, the following points in the feeder category roster have been filled –

Roster Point

Feeder Category

Thus, the next appointment will begin from Feeder Category B at roster point 9 in the feeder category roster.

Now, once this Persons with Benchmark Disability roster is implemented, this 9th roster point of appointment from

Feeder Category B will be filled as Point No. 1 in the 200 point Persons with Benchmark Disability roster and

the roster will be continued, thereafter.

Once a rotation of 200 points is completed, a fresh rotation of 200 points shall commence.

12. Carry forward of vacancies in promotion

If a Persons with Benchmark Disability from the specified disability is not available even in the extended

Zone of Consideration, then the vacancy of that specified disability shall be carried forward to the next recruitment

year. The Appointing Authority shall record the vacancy as unfilled and carry it forward to the next year. In the

next recruitment year, the Appointing Authority shall attempt to appoint / promote a person from the specified

disability carried forward even in the extended Zone of consideration. If a person of the specified disability is

not available even in the extended zone of consideration, then the Appointing Authority shall record the same

and interchange the disabilities as per the order of disabilities specified in Section 34 of the Rights of Persons

with Disabilities Act, 2016. After every interchange of disability, the Appointing Authority shall consider eligible

Persons with Benchmark Disability candidates of the specified interchanged disability from the extended Zone of

Consideration. If after interchange of disabilities there is no available eligible Persons with Benchmark Disability

of any disability in the next recruitment year, then that vacancy shall be filled with a person other than a Person

with Benchmark Disability.

Illustration: In the first recruitment year, a vacancy is reserved for the Blind and Low Vision. If no eligible

candidate is available in the extended zone of consideration, then the vacancy is carried forward to the next

recruitment year. In the next year, the appointing authority shall consider a PwBD from the Blind and Low Vision

disability in the extended Zone of Consideration. If there is no eligible candidate, the same shall be recorded

and candidates from Deaf and Hard of Hearing upto the extended zone of consideration shall be considered.

If no eligible Deaf and Hard of Hearing disability is available, the same shall be recorded and a PwBD with

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

Locomotor Disability shall be considered upto the extended zone of consideration. If no eligible PwBD candidate

from Locomotor Disability is available even in the extended zone of consideration, then a candidate from autism,

intellectual disability and multiple disabilities shall be considered. If no eligible candidate is available even in the

extended zone of consideration, then the same shall be recorded. Once there are no eligible PwBD from any

of the disabilities then the vacancy shall be filled by promoting a person other than a PwBD, if he is otherwise

qualified for promotion as per the rules governing the post.

(1) If a particular post is to be filled from more than one feeder category, and if at the relevant Point (say

25, 48, 75 or 100), a PwBD of the specified disability in the first feeder category that falls against the said point

of reservation is not available even in the extended Zone of Consideration, then the Appointing Authority shall

carry forward the vacancy of the specified disability in the first feeder category.

(2) In the next recruitment year, the Appointing Authority shall consider for appointment, persons of the carried

forward specified disability from the first feeder category for appointment / promotion. If no eligible candidate of

the specified carried forward disability is available even in the extended zone of consideration in the first feeder

category, the Appointing Authority shall record the same and interchange disabilities in the order of disabilities

stated in Section 34(1) of the Rights of Persons with Disabilities Act, 2016 in the first feeder category. If no eligible

candidate is available even after the interchange of disabilities in the first feeder category, then, the Appointing

Authority shall record the same and the vacancy in the first feeder category shall be filled with an eligible person

who is other than PwBD.

Illustration: Post X is identified for Blind and LD. This post X is filled through promotion from the feeder

categories A and B in the ratio 1:1. The distribution would be as follows –

Point

Feeder