Hullo, I thought below mentioned article would be useful to you so I am pasting the same for your kind information. ISSUES PRETAINING TO EMPLOYMENT OF PRESONS WITH DISABILITIES IN THE GOVERNMENT, PUBLIC SECTOR AND GOVERNMENT AIDED ESTABLISHMENTS The issues related to employment of persons with disabilities in Govt. Public sector and govt. aided autonomous bodies have several aspects. In order to understand these first of all, I would like to deal with concept of identified posts for the disabled.
2. Identified posts for the disabled Every employer and employee are acutely concerned with two things, 1.Productivity, and 2.Satisfaction. Every establishment would like to appoint a person whose skills and abilities would amount to higher or better productivity, in other words, efficiency. Similarly, employees if are able to contribute to the efficiency and productivity feel satisfied in job in the core of the concept of identification of jobs for the disabled, is the idea of job satisfaction. 2.1Criteria Of Identification of posts The Committee appointed by the Govt. for identifying jobs for the disabled looks into four areas related to any post: Nature of job: Here the committee members take into account the nature of a given post. For example; College students one or more subjects relating to architecture. Deliver lectures and supervise practical work in field laboratory. Organize and go on field trips, maintain class registers and records. Set examination papers, conduct examinations and mark papers. May conduct or guide research work. Working conditions: The committee also takes into account the conditions in which duties of a given post are performed. Again I would illustrate this in context with the college teachers (Architecture) work which is performed both inside and outside. Work place in the fields is hot, humid and dusty. Field job is hazardous. Physical requirements: In order to perform a given job there are certain essential physical functions required. What are the essential physical functions required to perform the job of college teacher of Architectures? Standing, Hearing, walking, finger manipulation, seeing & speaking are some physical functions critical to the efficiency of the job of college teacher of Architecture, whether lecturer, Assistant Professor. Since, the teacher of Architecture deals with drawings of buildings and towns require manipulating with fingers. The practical work involves visit to building sites, therefore, walking in hot, dusty, humid weather is inevitable and the teacher needs to listen to what students say and deliver lectures. Therefore, listening and speaking are also essential physical requirement for this post. Category of the disabled suitable for the job: Keeping in view the nature of job, working conditions and essential physical requirement one determines the category of the disabled suitable for a given post. For example, for the post of college teacher of architecture, who would be suitable? Candidates who are partially hearing impaired, who have disability in one leg or one arm, one leg & one arm together, can perform the job of college teacher (Architecture). >From this example one would observe that the expert committee for job identification goes into an in -depth analysis of each post for which a very scientific approach is adopted. 2.2The Statutory Provisions on the issue of identification of jobs. In Sec. 32 of persons with disabilities (Equal Opportunities, Protection of Rights & Full participation Act 1995 it is stated that; "Appropriate Governments shall - identify posts in the establishments, which can be reserved for the persons with disability at periodical intervals not exceeding three years, review the list of posts identified and up-date the list taking into consideration the development in technology." In relation to this section the appropriate govt. Ministry of social Justice & Empowerment and Department of personnel and training. These two ministries are obliged to identify jobs for the disabled and notified the list of jobs for the disabled. 2.3Administrative Arrangements for identification of posts In pursuance of Sec. 32, the ministry of Social justice and Empowerment constituted an Expert Committee under the Chairmanship of Sh. Biswas, Additional secretary in the ministry of Social justice and Empowerment. The committee comprises of members from ministry of labour, Department of Personnel, Ministry of Heath, Human Resources Development, Finance, Industry, experts from field of rehabilitation, Ngo's and disabled. In the meanwhile the list of jobs identified in the year 1986 by the then Expert committee on identification of jobs has been brought to force by department of personnel and training vide office memorandum No. 36035/4/98-Estt (Res.), dated 28th August 1998 which reiterates; "The existing identification done in the year 1986 shall remain valid, tiff the same is modified by the Government on the recommendations of the Expert Committee. The list of posts already identified as being held by persons with disabilities, has already been circulated vide this Departments OM. No. 36034/4/86 Estt (SCI) dated November 25, 1986." In other words, section 32 is fully in force since the list of identified jobs in Group 'A', `B`, `C`& `D` posts has been notified by the Govt. 2.4Critical Question In Identification of Jobs In context with the identifications of jobs for the disabled some other important issues. Whether establishments independently need to identify jobs or they rely on the list of jobs notified by the appropriate Govt.? The answer to this is, it is the appropriate Govt. which notifies the list of identified jobs not the individual establishments, therefore, the freedom of individual establishments is limited to selection of jobs from the list of jobs notified by the appropriate govt. for the purpose of effecting reservation. It is observed that there are certain posts in public sector undertakings and autonomous bodies which have functions identical to those posts which are included in the list of identified jobs but have a different nomenclature. Under such circumstances the establishment in public sector ideally should earmark such posts for the disabled which are otherwise by the same name does not exist in the identified list of jobs, but whose functions are similar to one which has been included in the list of jobs, under different nomenclature. For example, the term probationary officer has been substituted with executive trainees, therefore, notwithstanding the name or title of the post the job will remain identified if the functions of the job prescribed have not undergone any change. 3. 3% Reservation in Jobs for the disabled 3.1 Administration And Statutory Provisions Reservation in jobs to the extent of 3% for persons with disabilities came into force in the year 1977, this was done by way of an executive order issued by DOPT vide O.M. NO. 39016/6/77-Estt(SCT), dated 4.11.1977. Later reservation for persons with disabilities got legal backing and section 33 of the PD Act stipulates; "Every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three percent for persons or class of persons with disability of which one percent each shall be reserved for persons suffering from blindness or low vision: bearing impairment: locomotor disability or cerebral policy, in the posts identified for each disability provided that the appropriate government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section." In pursuance of sec. 33 of the disabilities act 1995 Govt. extended reservation to group `A` AND `B` posts too. DOPT vide OM No. 36035/16/91-Estt (SCT)dated 18.2.97 notified at para2; "With the enactment of this law, the reservation to physically handicapped stood extend to identified Group `A` & `B` posts filled through Direct Recruitment" 3.2 Method for Effecting 3% Reservation For Disabled It is clarified that, the reservation for the disabled is called horizontal reservation and it is inter locked in vertical categories in accordance with the principles of interlocking of Vertical and Horizontal reservations laid down in the supreme Court Judgement in Indira Sawhney Vs Union of India (W.P. No. 930 of 1990). The reservation for SC/ST/OBCs, which is additive, is called vertical reservation and the reservation for physically handicapped persons is termed as Horizontal reservation. The Horizontal reservation cuts across the vertical reservation (What is called inter-locking reservation) and the person selected against the physically handicapped quota will have to be placed in the appropriate category i.e. if he belongs to SC category he will be placed in that quota by making necessary adjustment and similarly, if he belongs to open competition category he will be placed in that category. These instructions are in force at Govt. of India level notified by department of personnel and Training vide it's OM No. 36035/16/91-Estt (SCT), dated 18.2.97. 4. 100 Point Roster for Effecting Reservation 4.1Method Of Maintaining 100 point post based roster for the disabled For effecting 3% reservation all establishments are obliged to maintain a 100 point roster. Since out of 100, 3 posts are reserved for the disabled in all the grades which means A, B, C & D. Therefore, a separate 100 point roster for each grade of service will be maintained in which 3 points are earmarked for the disabled. Govt. of India and several other state govts had ear-marked point no. 33, 66 & 100 in a 100 point roster for the disabled, but later this has been changed point roster for the disabled, but later this has been changed to point No. 1, 34 and 67 as the disabled were getting the first opportunity to reservation after waiting for a very long time. In fact several qualified disabled lost the benefit of reservation due to over age as they had to wait for a considerably long period to avail their chance - perhaps for this reason the change has been made in the roster. 4.2 Principles of Operating Roster Principles of operation roster in case of disabled are same as in the case of SC/ST etc. These have been prescribed as per the criteria laid down by the Hon'ble Supreme Court in the case of R.K. Sabharwal Vs State of Punjab. The method for allocating a roster point for a given category is as under the "the method for making a roster is to multiply each post by the prescribed percentages of reservation for the different reserved categories. The point at which the multiple for a community obtains a complete number or oversteps the number is to be reserved for that community-while taking care to evenly space out the different reserved categories." Therefore, the roster for the disabled on the principle of 3% reservation in practical terms would mean 100 divided by 3 equal to 33.33 which means that in a 100 point roster three slabs of 33.33 each will be created in which either the first or the last point of each blick will be earmarked for the disabled. By this method the interlocking of horizontal reservations meant for the disabled would be achieved and question of overstepping the stipulated limit of 50% reservation would never come in question. In concrete terms the three slabs in 100 point roster would look like this: 1.... 33/34...... 66/67......100 An establishment can choose to reserve point No. 1.../34...../67.... Or point No. ....33/ ....66/ .... 100. This strictly is in accordance with the criteria laid down in the case of R.K Sabarwal vs Govt. of Punjab. 4.3Disabled To Mark Both Main Category And Sub Category In the Application Form It is further clarified that selected disabled candidates are placed under their respective vertical category such as General/Sc/ST/OBC after the completion of the selection process. In other words, the reserved posts for the disabled are not predetermined by their vertical category rather placement in the vertical categories is determined post selection. To avoid any ambiguity for this purpose of DOPT vide it's OM No. 36035/16/98- Estt (Res.), dated 13th July 1999 at para 3 clarified "It has now been decided that while inviting applications for filling up of vacancies meant. For persons with disabilities, the following information in the notice inviting applications should be invariably, indicated: Sub-Categories of disability for which the vacancies are reserved: The exact percentage of disability for being eligible for applies for the vacancy proposed to be filled up. Further, there should be a column in the application stating the category to which the candidate applying under the quota reserved for persons with disabilities belongs to viz. SC/ST/OBC/General" 5. PROMOTION It is needless to mention that reservation for the disabled is applicable even in the matters of promotion, since recruitment to certain posts is made both by open competition & promotion. In order to maintain element of reservation upto 3% at all levels a separate 100 point roster is required to be maintained for effecting reservation in promotion on the lines of direct recruitment. 5.13 CRITICAL QUESTIONS REGARDING PROMOTION There are three main issues pertaining to promotion to next grade for disabled employees. Whether there is reservation in promotion? Yes, there is reservation in promotion upto 3% for disabled in Group `D` to `D` and within `D` to `C` and within `C` to `C`. This provision by way of an executive order came in force as far back as 1989. DOPT in the OM No. 36035/8/89-Estt (SCT) dated 20.11.1989 at para --- b)Whether there is reservation in promotion from Group `C` to Group `B` and Group `B` to Group `A`? There is at present some ambiguity regarding this issue but it is abundantly clear that a disabled employee upon fulfilling the eligibility for promotion to next grade cannot be denied promotion. Sec. 47 (2) clearly stipulates that; "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 his section for the purpose of according exemption same inter departmental committee." It must be made clear that the employee who is disabled has the right to promotion to next grade, denying promotion on ground of disability at one hand would perpetuate discrimination. In today`s context where reservation in group `A` and `B` has got extended and jobs have been identified, denying promotion appears illogical because mode of recruitment cannot determine the merit for holding a post. So it is logical that a disabled upon fulfilling the eligibility and upon having the necessary qualification if can hold an identified post through direct recruitment, promotion to the same post cannot be denied on grounds of X or Y mode of appointments. The main issue is that appointment Of the disabled whether through direct recruitment or promotion has to be on an identified post. Hence the disabled has same right to promotion as the non-disabled employee. C) If the post in the line of promotion is not the one identified for the disabled? The statute lays down in section 47 that; "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 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 superannuating, whichever is earlier." In conclusion one can say that provision of lateral posting is one remedy provided in the Act. In protection of the right to career enhancement for employees with disabilities in case where establishment is exempted from the provisions of sec.47 the disabled employer`s seniority and enhanced pay would be protected , ofcourse creation of supernumerary post would be used as last option. These arrangements can sufficiently ensure dignity of workers and as well as efficiency of the organization. 6. SPECIAL PROVISIONS AT THE TIME OF RECRUITMENT STAGE ADDITIONAL SAFEGUARD There are a number of establishments in Govt. and Public Sector, which commission specialist agencies to conduct recruitment on their behalf. These recruitment agencies publish advertisement on behalf of the identing departments. It is quite logical that the advertisement would be issued as per the indent submitted by the requisitioning agencies. So the oversight at the agency goes unchecked , therefore, the Govt. felt necessary to provide an extra safeguard by entrusting recruitment agencies with a pro-active role. Therefore, DOPT vide OM No. 36035/17/99- Estt (Res.), dated 16th August 99 notified on the subject " Reporting of vacancies to the recruiting agencies while making recruitment to the posts identified as suitable for being manned by persons with disabilities. " 6.2 SCRIBE/ WRITER At the time of recruitment and promotion sometimes candidates are required to take written tests. So far as blind/ low vision and persons having problems in hands are concerned they often require assistance of a scribe. Sec. 31 of the PD Act stipulates; "All educational institutions shall provide or cause to be provided amanuensis to blind students and students with or few vision." It would be most logical that the disabled candidates are given similar assistance in writing tests in schools and colleges. Examination and Test whether for passing a course or entrance to professional institute or promotion or recruitment would remain a test in the last instance. Therefore, all the blind, partially blind and persons having disability in the hands would be permitted to use the services of a scribe or writer who is one grade junior in academic qualification, whose marks are not more than 50% and who is from a different discipline than that of the disabled candidate. Such a person can either be provided by the establishment conducting the exam or the examining body can entrust the disabled candidate with the responsibility of brining the scribe or writer on terms and conditions mentioned earlier. 6.3 EXTRA TIME FOR WRITING TEST FOR RECRUITMENT AND PROMOTION The candidates who rely on the assistance of scribe or writers need extra time in completing the written test. Obviously they have to first listen to the questions then at time of writing they speak and the scribe listens and then writes. In the process the speed of writing gets lowered in comparison to those who write by themselves, therefore , for a one-hour paper at least 20 minutes extra are given and at times 30 minutes are also given to disabled candidates. 6.4 MODIFICATION IN THE EXAMINATI0N SYSYTEM As per the Section 30 (f) of the PD Act, "Without prejudice to the foregoing provisions, (be appropriate Governments shall by notification prepare a comprehensive education scheme which shall make Provision for suitable modification in the examination system to eliminate purely mathematical questions for the benefit of blind students and students with low vision." Since blind/low - vision candidates due to the nature of their disability cannot negotiate purely visual section in the question paper such as sections involving pictures, graphs, geometrical drawings or filling up maps are some which persons having absence of vision or impaired vision cannot comprehend. Therefore, either alternative questions of equal value to pictorial and graphic questions be provide or some criteria for awarding grace marks in proportion to the performance of such candidate in other sections of the paper can be worked out by the examining authority. This is a practice followed by U.G.C for UGC-Net exam. 6.5 INTERPRETERS FOR HEARING IMPAIRED PERSON Interview is an important part of any recruitment process. Persons with hearing impairment and speech impairment, though having excellent communication skills must use services of an interpreter during the interview this would ensure smooth and better communication between interviewers and the hearing impaired and speech impaired interviewees. Presence of the interpreter would rule out possibility of miscommunication. Interpreter should be ideally of the disabled persons choice from the same city because in the sign language there are as many dialects as in the spoken language. Interpreter from one language zone cannot interpret for another linguistic zone. For utmost efficiency it is better that the interpreter is of the candidates own choice. 6.6 RELAXATION OF AGE-LIMIT Age relaxation upto 10 years shall be granted to candidates with disabilities as per DOPT O.M No 43019/28/86-Estt (D) . dated 1.2.99. 6.7 TRANSPORT ALLOWANCE The transport allowance to disabled employees who are blind, low vision and locomotor impaired in the lower extremities has been fixed at double the normal rate ; since these categories of the disabled encounter barrier in the built environment and transport system. The current rate of transport allowance is as per DOPT. 6.8 POSTING OF PHYSICALLY HANDICAPPED CANDIDATES NEAR THEIR NATIVE PLACES Holders of Group `C` and Group `D` posts who have been recruited on regional basis and who are physically handicapped, may be given posting , as far as possible , subject to administrative constraints, near their native places within the region. Requests for transfer to or near their native places may also be given preference. -- Mukesh Jain email: [EMAIL PROTECTED] mobile: 09977165123 "happiness and joy are the wealth of prosperous life" To unsubscribe send a message to [EMAIL PROTECTED] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
