The new law provides for reservation in promotion however leaves it to the
state to devise a policy / in the rules to be issued under the Act.

Secondly, the UNCRPD is clear on  it that no country will take away an
existing beneficial provisions, under the garb of Implementing CRPD.

This has to be fought properly.

Regards

Subhash Chandra Vashishth


On Tue, 23 Jan 2018 at 3:59 PM, Kanchan Pamnani <[email protected]>
wrote:

> Unless I have missed something-There is no reservation in promotion.
> Kanchan
> -----Original Message-----
> From: AccessIndia [mailto:[email protected]] On
> Behalf
> Of Amiyo Biswas
> Sent: 23 January 2018 15:49
> To: AccessIndia: a list for discussing accessibility and issues concerning
> the disabled.
> Subject: Re: [AI] Reservation For The Persons With Benchmark Disabilities.
>
> Madras high court was against reservation in promotion for pwd in one of
> its
> verdicts. It was not taken into account by the government. So there is
> nothing to worry now, only we must be on guard.
>
>
> With best regards,
> Amiyo Biswas
> Cell: +91-9433464329
>
> ----- Original Message -----
> From: "Kasimani C" <[email protected]>
> To: "AccessIndia: a list for discussing accessibility and issues concerning
> the disabled." <[email protected]>
> Sent: Monday, January 22, 2018 2:33 PM
> Subject: Re: [AI] Reservation For The Persons With Benchmark Disabilities.
>
>
> >I could not understand this massage please give full clarification to
> >me,  presently we having promotion in government jobs or not, if is yes
> >i want  that Madras High Court Judgement, please. I Applied to
> >promotion in my  office on the PWD Special Reservation , they giving
> >reason as" *Promotion  case pending in Madras High Court , so we will
> >give after that  judgement" *please  give me clarification it, how to
> >get  PWD Special Reservation promotion in  my office.
> >
> > On Sun, Jan 21, 2018 at 8:11 AM, Amiyo Biswas <[email protected]> wrote:
> >
> >> A separate OM should be there for promotion. Let us hope, once things
> >> get going, more orders will come up. However, in section 20(3) of the
> >> RPD Act, it is stated, No promotion shall be denied to a person
> >> merely on the ground of disability.
> >>
> >> Even if there is no reservation in promotion, this clause will enable
> >> us to compete for the normal reservation. There is already a Madras
> >> high court judgemet some years back commenting against reservation in
> >> promotion for pwd. Luckily, the government did not pick up the cue in
> >> fear of pressure from us.
> >>
> >> With best regards,
> >> Amiyo Biswas
> >> Cell: 9433464329
> >>
> >> ----- Original Message ----- From: "wheelchairman.nlc" <
> >> [email protected]>
> >> To: "B. R. Nautial" <[email protected]>; "AccessIndia: a list for
> >> discussing accessibility and issues concerning the disabled." <
> >> [email protected]>
> >> Sent: Saturday, January 20, 2018 11:34 AM
> >>
> >> Subject: Re: [AI] Reservation For The Persons With Benchmark
> >> Disabilities.
> >>
> >>
> >> It is silent about reservation in promotion.
> >>>
> >>>
> >>> Sent from my Samsung Galaxy smartphone.
> >>> -------- Original message --------From: "B. R. Nautial" <
> >>> [email protected]> Date: 20/01/2018  09:00  (GMT+05:30) To:
> >>> "AccessIndia: a list for discussing accessibility and issues
> >>> concerning the disabled." <[email protected]> Subject:
> >>> Re: [AI] Reservation For The Persons With Benchmark Disabilities.
> >>> Only Visually impaired may be the target, so, we need to keep close
> >>> eyes on all these developments.
> >>> ----- Original Message ----- From: "Amit Jain"
> >>> <[email protected]>
> >>> To: "AccessIndia: a list for discussing accessibility and issues
> >>> concerning the disabled." <[email protected]>
> >>> Sent: Friday, January 19, 2018 11:54 PM
> >>> Subject: Re: [AI] Reservation For The Persons With Benchmark
> >>> Disabilities.
> >>>
> >>>
> >>> Thanks a lot Amiyo ji.
> >>>>
> >>>> Overall it looks good. In my view this clause could be interpreted
> >>>> in different ways by employers
> >>>>
> >>>> Only when there is no person with benchmark disability available
> >>>> for the post in that year, the employer shall fill up the vacancy
> >>>> by appointment of a person, other than a person with benchmark
> >>>> disability.
> >>>>
> >>>> May be people from the legal fraternity can help in understand if i
> >>>> am doing too much analysis
> >>>>
> >>>> Regards
> >>>> Amit Jain
> >>>>
> >>>> On 18 Jan 2018 11:28, "Amiyo Biswas" <[email protected]> wrote:
> >>>>
> >>>> A new Office memo has come up in the wake of the new act. It seems
> >>>> quite good at first hand. Please read at:
> >>>> http://www.gconnect.in/orders-in-brief/reservation-persons-
> >>>> benchmark-disabilities-dopt-om-dt-15-1-2018.html?utm_
> >>>> source=feedblitz&utm_medium=FeedBlitzEmail&utm_content=40838
> >>>> 2&utm_campaign=0
> >>>>
> >>>> With best regards,
> >>>> Amiyo Biswas
> >>>> Cell: +91-9433464329
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-- 
Warm regards,

Subhash Chandra Vashishth
Mobile: +91 (11) 9811125521
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