COURT OF CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES (DIWANGJAN)
-Ccv-411,4-1 4-411 °Nicht La idIMI/Department of Empowerment of Persons with
Disabilities (Divyangjan)
MlWr1'RIM At athaedi 1:WP1/Ministry of Social Justice and Empowerment
WT now/Government of India
Dated: 25; Dispatch No
Case No: 6619/1021/2016 In the matter of:
/Prof. Anil K. Aneja,
Vice President,
All India Confederation of the Blind,
Braille Bhawan,
(Behind Rajiv Gandhi Cancer Hospital)
Sector — 5,
Rohini,
Delhi —110085
Versus
Deptt, of Financial Services,
(Through the Secretary),
3rd Floor, Jeevan Deep Building,
Sansad Marg,
Connaught Place,
New Delhi — 110 001
Date of Hearing : 25.01/019
Complainant
Respondent
Present:
I. Prof. Anil K. Aneja, on behalf of Complainant.
2. Shri Arun Kumar, Under Secretary, Dept of Financial Services, on
behalf of Respondent.
ORDER
The above named complainant, has filed a complaint dated 27.06.2016 under
the Persons with Disabilities Act, 1995 seeking relief under provisions of
Section 47 of Persons with Disabilities Act, 1995
2. Prof. Anil K. Aneja, Vice President, All India Confederation of the Blind,
Delhi has submitted
that the Dept!. of Financial Services has issued a Circular No. 4/11/112011-IR
dated 14.03.2012
setting for the and modifying rules/eligibility for promotion of bank officers
in various scales. In para 6 of the said circular it is mentioned that for
promotion from Scale Ito II, two years rural posting is
required and for promotion from Scale II to III a total of three years rural
posting is required. Further in para 7 of the said circular, it is mentioned
that for promotion to Scale V three years experience as branch head is
mandatory. The complainant's contention is that due to various reasons visually
impaired persons are not given rural posting or posting as Branch Head. Thus
the visually impaired persons who have not been given such assignments would
suffer for no fault of
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theirs because they will not be able to get promotion as they have not
served as Branch Heads or served in rural areas which is creating a barrier in
the promotional path of the VI employees. The complainant further submitted
that the paras 6 and 7 of Circular No. 4/11/1/2011-IR dated 14.03.2012 need to
be modified and the requirement of rural posting and posting as Branch Heads
for obtaining promotion at various levels in banks to VI employees shall be
exempted.
The matter was taken up with the Respondent under Section 59 of the
Persons with Disabilities Act, 1995 vide letter dated 18.08.2016.
The Under Secretary, Ministry of Finance, Dept!. of Financial Services
vide letter no. 3/06/2016-Welfare dated 06.12.2016 has stated that Their
Department vide letter no. 4/11/3/2013-IR dated 07.01,2016 has instructed all
Banks to decide the promotion policy/relaxations in the promotion guidelines
with the approval of the Board of the Bank and be guided accordingly in the
best interest of the Bank, and to take an objective view and prefer consistency
in the approach as per guidelines. The Bank has been asked to take an objective
view and prefer consistency in the guidelines.
After considering Respondent's reply dated 06.12.2016 a personal hearing
was scheduled on 18.01.2019. The said hearing was rescheduled to 25.01.2019
vide letter dated 09.01.2019.
During the hearing the complainant submitted that the Deptt. of Financial
Services has set the modifying rules/eligibility for promotion of bank officers
in various scales. It has mentioned that for promotion from Scale Ito II, two
years rural posting is required. For promotion from Scale H to III a total of
three years rural posting is required and for promotion to Scale V, three years
experience as branch head is mandatory. The complainant submitted that due to
various reasons visually impaired persons are not given rural posting or
posting as Branch Head. Thus the visually impaired persons who have not been
given such assignments would suffer for no fault of theirs because they will
not be able to get promotion as they have not served as Branch Heads or served
in rural areas which is creating a barrier in the promotional path of
the VI employees. The
complainant further submitted that the paras 6 and 7 of Circular No.
4/11/1/2011-IR dated 14.03.2012 need to be modified and the requirement of
rural posting and posting as Branch Heads for obtaining promotion at various
levels in banks to VI employees shall be exempted.
The representative of Respondent submitted that the Deptt. of Financial
Services, Ministry of Finance vide letter No. 4/11/3/2013-IR dated 07.01.2016
has instructed Banks to decide the promotion policy / relaxations on the
subject with the approval of the Board of the Bank and be guided accordingly in
the best interest of the Bank, and to take an objective view and prefer
•
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After hearing the Complainant and the Respondent, the Court observed that
there needs a modification of paras 6 and 7 of Circular No. 4/11/1/2011-IR
dated 14.032012 of Deptt. of Financial Services and the requirement of rural
posting and posting as Branch Heads for obtaining promotion at various levels
in banks to VI employees shall be exempted in the case of employees with visual
impairment. The Court directed the Deptt. Of Financial Services to inform all
the Banks accordingly.
9. The case is accordingly disposed off.
(Dr. Kamlesh Kumar Pandey) Chief Commissioner
for Persons with Disabilities
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