hi rakesh, yes this is a very controversial issue. there is no reservation in promotions in groups a and b. however there is a reservation in promotions in groups c and d but there is a rider attached. for the information of all who have responded to this query i am copying below a latest circular of the department of personnel and training which supersedes all previous circulars regards, rajive; OFFICE MEMORANDUM Subject- Reservation for the Persons with Disabilities.
------ Three percent of the vacancies in case of direct recruitment to Group A, B, C and D posts shall be reserved for persons with disabilities of which one per cent each shall be reserved for persons suffering from (i) blindness or low vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy in the posts identified for each disability; Three percent of the vacancies in case of promotion to Group D, and Group C posts in which the element of direct recruitment, if any, does not exceed 75%, shall be reserved for persons with disabilities of which one per cent each shall be reserved for persons suffering from (i) blindness or low vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy in the posts identified for each disability. New Delhi, Dated the 29th December, 2005 ----- Original Message ----- From: "Dr Rakesh Jain" <[EMAIL PROTECTED]> To: <[email protected]> Sent: Tuesday, September 05, 2006 1:00 AM Subject: Re: [AI] The only disability in life is a bad attitude > Dear Sir, it has been a very controversial issue. Don't you think that > promotion is also a method of recruitment? There may be two sort of > promotions, 1. time-bound and 2. promotion to fill vacancies that have > fallen vacant in higher grade. In the second case, reservation may be > claimed as it is a process of recruitment. And, so far as time-bound > promotion is concerned, there is no point for discussion. > Regards: > > Dr. Rakesh Jain > Mobile (Reliance): 09336787900 > Mobile (BSNL): 09415787900 > Residence: 05224001112 and 05222732345 > Skype ID: dr.rjain > > ----- Original Message ----- > From: "disability rights initiative" <[EMAIL PROTECTED]> > To: "Nikhil Jain" <[EMAIL PROTECTED]>; <[email protected]> > Sent: Monday, September 04, 2006 10:30 AM > Subject: Re: [AI] The only disability in life is a bad attitude > > > > as i understand, the benefit of reservation is only given once. so if > > reservation benefit is availed at the time of recruitment then no benefit > > is > > given in reservation in promotion. however if recruitment is got without > > the > > benefit of reservation then at the time of promotion reservation will be > > provided. in effect the benefit of reservation is given only once. > > rajive > > ----- Original Message ----- > > From: "Nikhil Jain" <[EMAIL PROTECTED]> > > To: <[email protected]> > > Sent: Sunday, September 03, 2006 3:33 PM > > Subject: Re: [AI] The only disability in life is a bad attitude > > > > > > Thanks for your concern. Let me inform you that Disability act is silent > > as > > far as the reservation is concerned in promotion is concerned. I have > > recently written a note to the Ministery of social justice and empowerment > > in this regard. This was done to provide them the feed back for the > > suggestions they were seeking. > > Now let me come to the issue of Mr. Dadu's issue. His issue is very basic. > > This is an issue which is core to each teacher. Each teacher is entitled > > for > > promotion irrespective of one's disability. So please don't club these 2 > > important issues. > > Thanks and regards. > > Nikhil Jain > > > > > > > > On Sun, 03 Sep 2006 [EMAIL PROTECTED] wrote : > >>Sir, > >> > >>I wish to inform you that promotion within clerical cadre [from group D to > > group C and within group C only] is filled through reservation quota in > > all > > Govt. offices Banks and Insurance sectors. For other higher posts as in > > group A and B reservation is available in recruitment levels on the > > identified posts and NOT in promotion. This discrimination is brought to > > the notice of Chief Commissioner by me and till date I have no response > > from > > him. This is for your kind information. > >> > >>With regards, > >> > >>R. Muralidhar > >>----- Original Message ----- > >> From: "Dattu Agarwal Agarwal" <[EMAIL PROTECTED]> > >>To: <[email protected]> > >>Sent: Sunday, September 03, 2006 10:21 AM > >>Subject: Re: [AI] The only disability in life is a bad attitude > >> > >> > >>: dear Aruni Arsh, > >>: my problem is exactly the same as you thought. > >>: I am due for promotion as principal. > >>: I have passed all the dept exams wich are necessary for promotion, > >>: and fully qualified for the post. > >>: our state comissioner for disability has also written to the education > > dept. > >>: so far there is no reply from the concerned authorities. > >>: now i am thinking to approach to the court for the redressal of my > > grievences. > >>: regards. > >>: Dattu Agarwal. > >>: > >>: > >>: Aruni Arsh <[EMAIL PROTECTED]> wrote: As far as the practice in our > > state is concerned, the promotions are > >>: automatic without regard to any other consideration than the academic > >>: achievements. Of course haven't heard about anyone getting an > > administrative > >>: post like that of a principal. Could you please explain in detail the > > sort > >>: of discrimination you are facing in your job? Do you mean that you are > > not > >>: being promoted to an administrative post? As is the practice in > > government > >>: colleges, teachers are promoted to the post of principal according to > > their > >>: seniority. > >>: > >>: -----Original Message----- > >>: From: [EMAIL PROTECTED] > >>: [mailto:[EMAIL PROTECTED] On Behalf Of Dattu > > Agarwal > >>: Agarwal > >>: Sent: Saturday, September 02, 2006 9:40 PM > >>: To: [email protected] > >>: Subject: Re: [AI] The only disability in life is a bad attitude > >>: > >>: dear list, > >>: denial of promotion on the grounds of disability is really unjust and > >>: unconstitutional. > >>: I am also facing the same problem. > >>: I have put up twenty years of service as a lecturer in a Government > >>: P.U.College my siniority has been over looked merely because i am a > > visually > >>: impaired > >>: The other lecturers who are junior to me have been promoted. > >>: there is no response from the government to my representations. > >>: if this is the fait, it is very difficult for the visually challenged to > >>: come up in their carier. > >>: it seems the respective governments have not taken congnisense of the > >>: persons with disability act. > >>: regards > >>: dattu agarwal. > >>: > >>: Aruni Arsh wrote: > >>: > >>: > >>: The only disability in life is a bad attitude > >>: > >>: The hindu business line opinion > >>: > >>: "No promotion shall be denied to a person merely on the ground of his > >>: disability... " > >>: > >>: > >>: > >>: Disability is a matter of perception, says Martina Navratilova. "If you > > can > >>: do just one thing well, you're needed by someone." Tragically, however, > > the > >>: > >>: disabled often face inequity. > >>: > >>: > >>: > >>: One such instance comes to light through a recent verdict of the Madras > > High > >>: Court in J. John Wincent vs The Commissioner of Central Excise, The > >>Chief > >>: Commissioner > >>: > >>: of Excise (Cadre Controlling Authority), The Chairman, Central Board of > >>: Excise and Customs and The Registrar, Central Administrative Tribunal. > >>: > >>: > >>: > >>: John had joined the services of the Department as a Lower Division Clerk > > in > >>: May 1990. "Thereafter, he was promoted as Upper Division Clerk in the > > year > >>: 1995. > >>: > >>: > >>: > >>: Consequent to the re-designation of the post in the year 2002, he is > > holding > >>: the post of Tax Assistant," reads the text of the judgment dated April > > 27. > >>: > >>: > >>: > >>: John, by virtue of his experience, made a representation to the > > Department > >>: to consider him for promotion to the post of Inspector of Central Excise > > and > >>: > >>: Customs. "However, the respondents did not consider the representation > >>of > >>: the petitioner and he was informed that, being a physically challenged > >>: person, > >>: > >>: he would not be able to do the arduous job of Inspector of Central > >>Excise > >>: and Customs." How unfortunate! > >>: > >>: > >>: > >>: There were more people like John who had been refused promotion on > > account > >>: of disability. They had approached the Central Administrative Tribunal, > >>: which > >>: > >>: issued directions to the Department to consider the applications of the > >>: physically challenged persons for the post of Inspector of Central > >>Excise > >>: and Customs. > >>: > >>: > >>: > >>: What happened thereafter? The Department called upon John `to undergo > >>: endurance test of cycling and walking.' And `he was found to have > > performed > >>: the same > >>: > >>: successfully.' Yet, in 2004, John was rejected on the ground that he did > > not > >>: have `the prescribed height'. > >>: > >>: > >>: > >>: He approached the Tribunal for remedy. Disappointingly, it held that > > there > >>: was no scope for relaxing the standards prescribed in the Recruitment > > Rules, > >>: > >>: and rejected John's application. Aggrieved, he took his case before the > > High > >>: Court. > >>: > >>: > >>: > >>: Speaking for John, his counsel V. Raghavachari said that the Tribunal > >>had > >>: erred in rejecting the claim of the petitioner to the benefits conferred > >>: under > >>: > >>: Section 47(2) of the Persons with Disabilities (Equal Opportunities, > >>: Protection of Rights and Full Participation) Act, 1995 in the matter of > >>: promotion. > >>: > >>: Also, at the time of joining the service John's height was 160 cm, as > >>: substantiated by the physical fitness certificate. For the Department, > >>it > >>: was R. > >>: > >>: Santhanam who argued, and he reiterated the contentions earlier urged > > before > >>: the Tribunal. > >>: > >>: > >>: > >>: Equality for disabled > >>: > >>: > >>: > >>: "The short but core point for consideration in this writ petition is: > >>: whether the petitioner is entitled to promotion to the post of Inspector > > of > >>: Central > >>: > >>: Excise and Customs in spite of the disability suffered by him during the > >>: course of his employment?" observed Justices P. D. Dinakaran and R. > > Sudhakar > >>: of > >>: > >>: the Madras High Court, who heard the case. > >>: > >>: > >>: > >>: "All countries today need to apply affirmative action to ensure that the > >>: women and the disabled are equal to all of us," said the court, citing > >>: Nelson Mandela. > >>: > >>: Though the Constitution of India does not specifically prescribe > >>: discrimination on the ground of `disability', it does contain > >>: non-discriminatory provisions > >>: > >>: that guarantee equality and equal opportunities for all citizens as in > >>: Articles 14 and 16, pointed out the court. > >>: > >>: > >>: > >>: "The Persons with Disabilities (Equal Opportunities, Protection of > >>Rights > >>: and Full Participation) Act, 1995 treats disability as a civil right > > rather > >>: than > >>: > >>: a health and welfare issue, and recognises the need to integrate persons > >>: with disabilities with the mainstream of society by some normative > > action." > >>: > >>: > >>: > >>: Section 47 of this Act, which Raghavachari referred to is titled > >>: `Non-discrimination in Government employments'. Sub-section 1 says, "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, he 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." > >>: > >>: > >>: > >>: Sub-section 2, which is more relevant to the case on hand, says: "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." > >>: > >>: > >>: > >>: Instructive precedents > >>: > >>: > >>: > >>: The highly educative verdict refers to precedents such as Shri Suhas > > Vasant > >>: Karnik vs Union of India and Other, in which the Bombay High Court > > examined > >>: > >>: whether a person suffering from blindness could be declared ineligible > > for > >>: seeking promotion. > >>: > >>: > >>: > >>: It had held that the Government had a "Constitutional obligation to > >>: encourage participation of the visually handicapped persons in > >>activities > > of > >>: the bank > >>: > >>: on par with other members of the staff and consider the cases of > >>visually > >>: handicapped for promotion fairly and equitably." > >>: > >>: > >>: > >>: Section 47(2) had come under test in Union of India vs Sanjay Kumar Jain > >>: (2003), before the Delhi High Court. In this case, "a person who was > > blind > >>: due > >>: > >>: to Retinitis pigmentosa was denied permission to appear for viva-voce > > test > >>: for promotion to a Group B post by the management of Western Railway." > >>: > >>: > >>: > >>: The verdict `quashed the order of denial of permission to appear in > >>: viva-voce test', because `provision of Section 47(2) is mandatory'. > >>: Interestingly, the > >>: > >>: case of Sanjay Kumar Jain went to the apex court. There it was held that > > in > >>: the absence of any notification exempting the establishment in question, > > the > >>: > >>: blind employee could not be denied promotion. > >>: > >>: > >>: > >>: Resuming John's case, a letter dated January 27, 2004, from the > > Department > >>: of Revenue, Government of India to the Commissioner of Central Excise, > >>: Coimbatore, > >>: > >>: was of support to the petitioner. The letter spoke of the Central Board > > of > >>: Excise and Customs representing before the Ministry of Social Justice > >>and > >>: Empowerment > >>: > >>: that `posts of PO/EO and Inspector, Central Excise and Customs... have > >>: arduous field duties, which cannot be expected to be performed by the > >>: handicapped > >>: > >>: persons'. > >>: > >>: > >>: > >>: The matter is still under consideration of that Ministry, said the > > letter. > >>: Thankfully, though, the Board had decided `to permit physically > > handicapped > >>: persons > >>: > >>: to undertake the physical endurance test and promote them as per > > Reservation > >>: quota if they qualified the test till an exemption is received from the > >>: Ministry > >>: > >>: of Social Justice and Empowerment.' > >>: > >>: > >>: > >>: The court, therefore, ruled: "In our considered opinion, as the > > petitioner > >>: has performed the endurance test successfully, his case can be > >>considered > >>: for > >>: > >>: promotion to the post of Inspector of Central Excise and Customs, on par > >>: with others, who suffered physical disabilities and were promoted > > subsequent > >>: to > >>: > >>: the directions of the Tribunal." > >>: > >>: > >>: > >>: One hopes the Department isn't planning to appeal against this judgment. > >>: For, as Scott Hamilton says, "The only disability in life is a bad > >>: attitude." And > >>: > >>: the Bard, weary of the world's inequities, would sing: "Tired with all > >>: these... right perfection wrongfully disgraced, and strength by limping > > sway > >>: disabled, > >>: > >>: and art made tongue-tied by authority..." > >>: > >>: > >>: > >>: Tailpiece > >>: > >>: > >>: > >>: "I want to hire an expert in the field of M&A taxation." > >>: > >>: > >>: > >>: "On the buyer's side, or the seller's?" > >>: > >>: > >>: > >>: http://Detaxification.blogspot.com > >>: > >>: > >>: > >>: D. 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