Ability Forum

[Anilgupta_oriental]

I am working with oriental insurance co. (psu), my company not implementing the reservation for the person with disability, CCPD has given to decision one in 2002 and other in 2008, but my company official did not implement it, i again approch to ccpd, they suggested that we can just give direction and cant force to implement, they suggest to move in high court for implementation, i moved to allahabad high court for implementation order but they have just given dates................., now what i have to do. please suggest
thanks and regards
anil gupta

I am working with oriental insurance co. (psu), my company not implementing the reservation for the person with disability, CCPD has given to decision one in 2002 and other in 2008, but my company official did not implement it, i again approch to ccpd, they suggested that we can just give direction and cant force to implement, they suggest to move in high court for implementation, i moved to allahabad high court for implementation order but they have just given dates................., now what i have to do. please suggest
thanks and regards
anil gupta

[Adverts]

[Kr_iyer]

Dear Sir,

IF the  cadre is not a& b you have got provision it is clearly mentioned in my CCDP decision against National insurance. here is the decision

IN THE COURT OF CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES
          Sarojini House, 6 Bhagwan Dass Road, New Delhi- 110001
               (Ph : 23386054, 23386154 Fax : 23386006)
          Website : www.ccdisabilities.nic.in e-mail ; ccpd@nic.in
[Vested with powers of Civil Court under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995]

Case_No : 42/1028/09-10                    Dispatch Dated : 10/06/2009
                                   Dispatch No.      :

To

General Manager (Personnel Dept, National
     Insurance Company Limited, Trichy Divisional
     Office, 33 Bharati Dasan Road, TIRUCHIRAPALI,
     TAMIL NADU


Subject: Representation of Shri Karthikeyan R Iyer dated 05/05/2009 to the Chief Commissioner


Sir/Madam,

     I am directed to forward copy of aforesaid representation regarding compulsory retirement non provision of extra time/scribe for writing exam and promotion against quota reserved for persons with disabilities and to inform that on examination of the complaint it has been decided as follows:

     “The complainant appears to have acquired disability during his service and hence is protected by Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, hereinafter referred to as the ‘Act which provides as under :

     47.(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service;

     Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits;

     Provided further 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.

47 (2) “No promotion shall be denied to a person merely on the ground of his disability:
Provided 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, as may be specified in such notification, exempt any establishment from the provisions of this section.”

Further the complaint is person with disabilities with affected upper extremities and writing speed. So for the purpose of writing examination he needs to be extended the benefit of Scribe / extra time in line with Chapter V of the Act and Ministry of Social Justice & Empowerment. GOI vide notification dated 04.11.2004 wherein it has been stipulated that  the Government and its organizations dealing with subject matter of education of children with disability are required to take immediate action for incorporation of following facilities for children with disabilities so that they are able to obtain education at par with other children.

(i)  Alternate questions in lieu of questions requiring special skills based on visual inputs are being provided in Mathematics and Science for Sec. School Examination (Class X)
(ii)  Blind, Physically Handicapped and Dyslexic Students are permitted to use an amanuensis. The amanuensis must be a student of a class lower than the one for which the candidate is taking the examination.
(iii)  The visually handicapped students (with low vision) appearing from Delhi are Provided Questions Papers with enlarged print.
(iv)  Disabled candidates are allowed additional one hour (60 minutes) for each paper of external examination.
(v)  Exemption is granted from examination in the Third Language
(vi)  Centre Superintendents have been instructed to make arrangements for the conduct of the examination of such candidates in the Ground Floor as far as possible.
(vii)  Physically challenged children are to specifically indicate their category and also state whether they have been provided with a writer in the columns provided in the Main Answer Book.


Further the aforesaid interventions/relaxations provided to persons with disabilities are basically to provide a level playing field and denial of such benefits is not only violation of the Persons with Disabilities Act but also violation of the principles of equality enshrined in Article 14,15,16 of the Constitution of India and attract Article 21 of the Constitution of India, which provides for right to life, which means right to have a decent life.

There the concerned authorities be advised to ensure that the right of complaint Are not violated /infringed. They also be advised to give another opportunity to the complaint by way of conduct of re-examination providing of extra time / scribe.


You are thereby directed to take aforesaid action and submit action taken report along with justifications to this Court under intimation to the complainant within 4 weeks of receipt of this communication. In case of ay reservation in taking the above course of action, your version of the case along with supporting rules/ documents should be submitted within the above time limit.

Please note that the Chief Commissioner is deemed to be Civil Court under Section 63 (2) of the Persons with Disabilities Act 1995 and on non receipt of reply/repost within prescribed time, he may be constrained to initiate action under this section.

Encl : As above

                                             Yours Faithfully


                                             (Sunita Singh)
                                          Dy. Chief Commissioner
                                                  10/06/2009


Copy to Shri Karthikeyan R Iyer C/o Deputy Manager, National Insurance Company Limited, Trichy Divisional Office, 33 Bharati Dasan Road, TIRUCHIRAPALI TAMILNADU 620001 Apparently the post of Manager (iv) is group A/B post. As there is no provision of reservation in promotion against group ‘A’ & ‘B’ post, you  cannot get the benefit of reservation. Nonetheless the authorities should consider your case for promotion on merit against unreserved vacancies.


C:/ODBCReport/LCD.rpt



Good Luck

_________________
If they answer not to thy call walk alone,
If they are afraid and cower mutely facing the wall,
O thou unlucky one,
open thy mind and speak out alone.
RABINDRANATH TAGORE

Dear Sir,

IF the  cadre is not a& b you have got provision it is clearly mentioned in my CCDP decision against National insurance. here is the decision

IN THE COURT OF CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES
          Sarojini House, 6 Bhagwan Dass Road, New Delhi- 110001
               (Ph : 23386054, 23386154 Fax : 23386006)
          Website : www.ccdisabilities.nic.in e-mail ; ccpd@nic.in
[Vested with powers of Civil Court under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995]

Case_No : 42/1028/09-10                    Dispatch Dated : 10/06/2009
                                   Dispatch No.      :

To

General Manager (Personnel Dept, National
     Insurance Company Limited, Trichy Divisional
     Office, 33 Bharati Dasan Road, TIRUCHIRAPALI,
     TAMIL NADU


Subject: Representation of Shri Karthikeyan R Iyer dated 05/05/2009 to the Chief Commissioner


Sir/Madam,

     I am directed to forward copy of aforesaid representation regarding compulsory retirement non provision of extra time/scribe for writing exam and promotion against quota reserved for persons with disabilities and to inform that on examination of the complaint it has been decided as follows:

     “The complainant appears to have acquired disability during his service and hence is protected by Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, hereinafter referred to as the ‘Act which provides as under :

     47.(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service;

     Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits;

     Provided further 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.

47 (2) “No promotion shall be denied to a person merely on the ground of his disability:
Provided 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, as may be specified in such notification, exempt any establishment from the provisions of this section.”

Further the complaint is person with disabilities with affected upper extremities and writing speed. So for the purpose of writing examination he needs to be extended the benefit of Scribe / extra time in line with Chapter V of the Act and Ministry of Social Justice & Empowerment. GOI vide notification dated 04.11.2004 wherein it has been stipulated that  the Government and its organizations dealing with subject matter of education of children with disability are required to take immediate action for incorporation of following facilities for children with disabilities so that they are able to obtain education at par with other children.

(i)  Alternate questions in lieu of questions requiring special skills based on visual inputs are being provided in Mathematics and Science for Sec. School Examination (Class X)
(ii)  Blind, Physically Handicapped and Dyslexic Students are permitted to use an amanuensis. The amanuensis must be a student of a class lower than the one for which the candidate is taking the examination.
(iii)  The visually handicapped students (with low vision) appearing from Delhi are Provided Questions Papers with enlarged print.
(iv)  Disabled candidates are allowed additional one hour (60 minutes) for each paper of external examination.
(v)  Exemption is granted from examination in the Third Language
(vi)  Centre Superintendents have been instructed to make arrangements for the conduct of the examination of such candidates in the Ground Floor as far as possible.
(vii)  Physically challenged children are to specifically indicate their category and also state whether they have been provided with a writer in the columns provided in the Main Answer Book.


Further the aforesaid interventions/relaxations provided to persons with disabilities are basically to provide a level playing field and denial of such benefits is not only violation of the Persons with Disabilities Act but also violation of the principles of equality enshrined in Article 14,15,16 of the Constitution of India and attract Article 21 of the Constitution of India, which provides for right to life, which means right to have a decent life.

There the concerned authorities be advised to ensure that the right of complaint Are not violated /infringed. They also be advised to give another opportunity to the complaint by way of conduct of re-examination providing of extra time / scribe.


You are thereby directed to take aforesaid action and submit action taken report along with justifications to this Court under intimation to the complainant within 4 weeks of receipt of this communication. In case of ay reservation in taking the above course of action, your version of the case along with supporting rules/ documents should be submitted within the above time limit.

Please note that the Chief Commissioner is deemed to be Civil Court under Section 63 (2) of the Persons with Disabilities Act 1995 and on non receipt of reply/repost within prescribed time, he may be constrained to initiate action under this section.

Encl : As above

                                             Yours Faithfully


                                             (Sunita Singh)
                                          Dy. Chief Commissioner
                                                  10/06/2009


Copy to Shri Karthikeyan R Iyer C/o Deputy Manager, National Insurance Company Limited, Trichy Divisional Office, 33 Bharati Dasan Road, TIRUCHIRAPALI TAMILNADU 620001 Apparently the post of Manager (iv) is group A/B post. As there is no provision of reservation in promotion against group ‘A’ & ‘B’ post, you  cannot get the benefit of reservation. Nonetheless the authorities should consider your case for promotion on merit against unreserved vacancies.


C:/ODBCReport/LCD.rpt



Good Luck

_________________
If they answer not to thy call walk alone,
If they are afraid and cower mutely facing the wall,
O thou unlucky one,
open thy mind and speak out alone.
RABINDRANATH TAGORE

[kodakkal]

Chief Commissioner's duty is to maintain rights of persons with disabiity, thier office also having rested powers with civil court, then how they show their inabiity to impliment any schemes with regard to disabiity issue, it also note that in some occassion chief commissioner will move the case in high courts on their own motion to better remedy or to get better verdict.  I am sorry, hope CCPD will rectify their behavior towards ill treatment with disability activities.

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx

Chief Commissioner's duty is to maintain rights of persons with disabiity, thier office also having rested powers with civil court, then how they show their inabiity to impliment any schemes with regard to disabiity issue, it also note that in some occassion chief commissioner will move the case in high courts on their own motion to better remedy or to get better verdict.  I am sorry, hope CCPD will rectify their behavior towards ill treatment with disability activities.

_________________
KODAKKAL SHIVAPRASAD,FUWAI,
Award Winner & Record Holder-International Biographical NOte.
PRO- www.disabilityindia.org/legalaid.cfm#1
Web:http://www.kodakkal.ning.com
http://www.giveindia.org/m-890-society-for-child-development.aspx