Employees with disabilities should not face discrimination in promotions: Delhi High Court directs SBI
The Delhi High Court has directed the State Bank of India (SBI) to review its promotion policy for visually impaired employees and consider alternative pathways for their career advancement.
A bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia said that employees with disabilities should not face discrimination in promotions.
The court noted that several other public sector banks have already adopted inclusive policies to support blind and low-vision officers. It directed SBI to frame policies and the board must take an appropriate decision within 12 weeks.
The case was filed by the Visually Impaired Bank Employees Welfare Association, which represents more than 600 visually impaired bank employees across the country. The association challenged an SBI promotion policy that requires officers seeking promotion to Senior Management Grade Scale (SMGS) IV and V to have prior experience as a Branch Manager or in assignments related to credit, trade finance, and foreign exchange.
According to the association, these roles are difficult for visually impaired officers to perform because of the visual nature of the work and the lack of adequate assistive technology. The association argued that the policy effectively blocks visually impaired employees from reaching higher management positions and amounts to discrimination under the Rights of Persons with Disabilities (RPwD) Act, 2016.
The petition also pointed out that the Chief Commissioner for Persons with Disabilities (CCPD) had recommended changes to SBI’s promotion policy in December 2022. However, the bank allegedly did not implement those recommendations.
The association’s lawyers argued that around 37 visually impaired SBI officers are affected by the policy. They said these employees are unable to meet the mandatory experience requirements because tasks such as physical inspections, document verification, signature checks, CCTV monitoring, and certain compliance functions require visual abilities and cannot currently be performed independently due to limited assistive technology.
The petitioners also highlighted that other public sector banks, including State-owned banks, have introduced reasonable accommodations and exemptions to help visually impaired officers progress in their careers.
What SBI said?
SBI opposed the petition and argued that the matter was related to service conditions and should not be treated as a Public Interest Litigation (PIL). The bank stated that it already has measures in place to support visually impaired employees and that no formal complaints had been received from officers claiming they could not perform the required assignments.
SBI further said that many visually impaired officers are already performing managerial duties and are being considered for promotions. The bank maintained that the experience requirements are important because senior management officers must supervise critical banking functions.
What Court said?
The Delhi High Court observed that the RPwD Act clearly prohibits discrimination against persons with disabilities in promotion matters. The court said that while SBI’s promotion policy does not directly bar visually impaired employees, it creates practical obstacles that can hinder their career growth.
The court decided to hear the case as a PIL, noting that it raises broader issues concerning the rights of persons with disabilities.
The court directed the association to submit a detailed representation to SBI within four weeks. The representation should include details of affected employees, alternative promotion mechanisms, and supporting documents, including the CCPD’s recommendations.
After receiving the representation, SBI’s Board of Directors must review the proposals, hear the association’s representatives, and consider implementing suitable changes within 12 weeks.
