Sir/Madam
Please find the advertisement of Union bank for various posts including
customer relations executive [five hundred posts] attached.
The advertisement is a nice example of copying and pasting all the relevant
provisions for reserving vacancies for persons with disabilities under section
33 of the persons with disabilities act. However, the bank has mentioned in the
following clause as under:
b) As the Post Code - 05 (Customer Relationship Executive) involves a field job
in
sales and marketing, requiring a high degree of mobility on account of
extensive
travel, Persons With Disability would find it extremely difficult to handle the
job
requirements of this post, and hence, it is not possible for the Bank to employ
PWD
candidates for this post.
It is to be noted that there are no other posts where reservation is made for
anybody, because they are for different cadre having single vacancy each.
So, it becomes obvious that the bank does not intend to employ any person with
any disability on the vacancies advertised by this advertisement which are more
than five hundred, which is substantial number.
This blatant violation of provisions of law is without any exemption obtained
as is contemplated under section 33 of the PWD act. If the bank truly is of the
opinion that the nature of work is such that no person with disability would be
able to perform it even with necessary modifications, it must obtain an
exemption from the designated committee of the government.
Arbitrarily denying the reservation to the persons with disability is bad in
law, utterly unjustified and liable to be quashed. Moreover, while granting
exemption mentioned herein above, it must be established beyond any doubt that
the nature of job is such as to be entirely unamenable to persons with
disability.
The advertisement, despite nice copying, also mentions blind/partially blind
and low vision. This term "partially blind" is nowhere defined in law and hence
is unwarranted. It presages moves of employing nearly sighted persons by
carving out third category within "blindness" [as was done by Maharashtra
government and which retracted the move at least on paper, after extensive
damage], which is already bifurcated into blindness and low vision.
Such arbitrary moves by employer, need to be nipped in the bud by your
institution and I wonder whether you have any special cell to monitor any such
advertisements taking subtly what they purport to give.
Hoping that some action would be initiated against the errant parties.
Rajesh Asudani
Manager
Reserve bank of India
M.A. LL.M.
Ps: It is a common practice with your august institution not to even
acknowledge e mails containing genuine complaints. So, a prayer to read and act
on the aforementioned grievance and make known the action, at least to the
complainant.
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