Ability Forum

[A_kumaresan]

Prior to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 coming into force, the Government had, by administrative instructions, provided reservation for physically handicapped persons in Group C & D posts.
After the Disability Act came into force, such a reservation was permissible even for Group “A” & “B” posts. This led the DoPT to issue OM dated 18.02.1997.  As per this OM, for Group “A” & “B” posts, the reservation was only at induction level.  Significant corrigendum was issued by the DoPT vide OM dated 04.07.1997, which extended the point number of 1, 34 and 67 in cycle of 100 vacancies in the 100 point register and marked for reservation for physically handicapped.
It is clear from the above that point No.1, 34 and 67 in the cycle of 100 are now earmarked for reservation for physically handicapped and, thus, reservation is admissible even for Group “A” & “B” posts in promotion also and not only at the induction level.  This OM is brought in tune with the letter and spirit of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 which stipulates not less than 3% reservation in a government establishment.
Vide O.M. dated 16.01.1998, sub-para (ii) of OM dated 18.02.1997 was replaced as under:- (ii) The existing policy of reservation for SCs/STs, including for the physically handicapped in promotion in all Groups is applicable to all grades and services, where the element of direct recruitment does not exceed 75%.  Hence, it is not in dispute that reservation exists for disabled employees in promotion for the post in respect whereof the element of direct recruitment does not exceed 75%.
However, in suppression of all the above OMs, the DoPT vide its OM dated 29.12.2005, has restricted reservations only in induction level to all cadres and in promotions to Group “C” and “D” cadres only.  Since, DoPT OM dated 29.12.2005 is not in consistency with the Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Government should consider rescind the above OM dated 29.12.2005 and restore earlier orders that extended reservations in promotions in all Groups, grades and services to persons with disabilities.
It is also appropriate to mention here that most of the posts of Group ”C” have, now, become Group “B” and the Group “D” posts have been abolished now in response to VI Pay Commission’s recommendations thereby reducing the disabled employees the chance of promotion to the cadre of even Group ‘C’.
Similarly, certain percentages of qualifying marks are allowed to SCs/STs candidates in departmental promotion examinations vide DoPT OM dated 03.10.2000.  While the BSNL vide its letter dated 12.10.2004 has extended the benefit of lower qualifying Marks / lesser standard of evaluation to disabled employees treating them on par with SCs/STs, other departments in Government of India have not done so.

_________________
LIVE AND LET LIVE
A KUMARESAN
9444277881

Prior to the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 coming into force, the Government had, by administrative instructions, provided reservation for physically handicapped persons in Group C & D posts.
After the Disability Act came into force, such a reservation was permissible even for Group “A” & “B” posts. This led the DoPT to issue OM dated 18.02.1997.  As per this OM, for Group “A” & “B” posts, the reservation was only at induction level.  Significant corrigendum was issued by the DoPT vide OM dated 04.07.1997, which extended the point number of 1, 34 and 67 in cycle of 100 vacancies in the 100 point register and marked for reservation for physically handicapped.
It is clear from the above that point No.1, 34 and 67 in the cycle of 100 are now earmarked for reservation for physically handicapped and, thus, reservation is admissible even for Group “A” & “B” posts in promotion also and not only at the induction level.  This OM is brought in tune with the letter and spirit of Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 which stipulates not less than 3% reservation in a government establishment.
Vide O.M. dated 16.01.1998, sub-para (ii) of OM dated 18.02.1997 was replaced as under:- (ii) The existing policy of reservation for SCs/STs, including for the physically handicapped in promotion in all Groups is applicable to all grades and services, where the element of direct recruitment does not exceed 75%.  Hence, it is not in dispute that reservation exists for disabled employees in promotion for the post in respect whereof the element of direct recruitment does not exceed 75%.
However, in suppression of all the above OMs, the DoPT vide its OM dated 29.12.2005, has restricted reservations only in induction level to all cadres and in promotions to Group “C” and “D” cadres only.  Since, DoPT OM dated 29.12.2005 is not in consistency with the Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 Government should consider rescind the above OM dated 29.12.2005 and restore earlier orders that extended reservations in promotions in all Groups, grades and services to persons with disabilities.
It is also appropriate to mention here that most of the posts of Group ”C” have, now, become Group “B” and the Group “D” posts have been abolished now in response to VI Pay Commission’s recommendations thereby reducing the disabled employees the chance of promotion to the cadre of even Group ‘C’.
Similarly, certain percentages of qualifying marks are allowed to SCs/STs candidates in departmental promotion examinations vide DoPT OM dated 03.10.2000.  While the BSNL vide its letter dated 12.10.2004 has extended the benefit of lower qualifying Marks / lesser standard of evaluation to disabled employees treating them on par with SCs/STs, other departments in Government of India have not done so.

_________________
LIVE AND LET LIVE
A KUMARESAN
9444277881

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