*National Platform For th**e Rights of the Disabled* *4, Ashoka Road, New Delhi 110 001*
*Tel. 23369598/9868768543* *email: [email protected]* September 1, 2011 *The Minister for Personnel, Public Grievances & Pension* *Government of India* *New Delhi*** * * * * Dear Sir, This is to bring to your attention certain anomalies in the implementation of the Persons with Disabilities Act, 1995 with regard to reservation in promotions to disabled persons in various departments of the Government of India. In pursuance of the 1995 Act, the DoPT had issued the following orders for implementing reservation in promotions to disabled persons. 1. Order No. 36035/7/95-Estt(SCT) dated 18.2.1997 2. Order No. 36025/03/97-Estt.(Res)/13 dated 4.7.1997 3. OM No. 36035/16/91 Estt.(SCT) dated 18.2.1997 4. OM No. 36035/7/95-Estt.(SCT) dated 16.1.1998 The operative part of all these orders have been that: “The existing policy of reservation for SCs/STs, including for the physically handicapped in promotion in all Groups is applicable to all grades and services, where the element of direct recruitment does not exceed 75%” Unfortunately, however, this policy of reservation for the disabled in promotions in all groups, grades and services was sought to be reversed via OM No. 36035/3/2004-Estt.(Res.) of 29.12.2005. Superseding all previous orders on the subject so far, this order limits reservation in promotions for persons with disabilities to Group ‘D’ and Group ‘C’ only. This not only is a violation of the 1995 Act but also militates against the very spirit of providing equal opportunity and rights to persons with disabilities, contained therein. * * * * It may be pertinent here to note that various aggrieved persons from other states and departments have approached the judiciary with regard to violation of the 1995 Act in the matter of promotions to posts in Group A & B and have received orders in their favour. Orders in this respect issued by the High Court of Delhi, the Punjab & Haryana High Court etc. are enclosed herewith. These orders make it abundantly clear that reservation in promotions for persons with disabilities is also applicable to Group A & B posts. We request you to please issue necessary instructions to the DoPT to rescind the O.M 36035/3/2004-Estt.(Res.) of 29.12.2005 and restore earlier orders that extended reservations in promotions in all Groups, grades and services to persons with disabilities We hope you will do the needful immediately. Thanking you, Yours truly *(Muralidharan)* *Assistant Convenor* An identical letter has been addressed to the Minister for Social Justice & Empowerment also stating that: "Since the Ministry of Social Justice & Empowerment is the nodal ministry concerning issues of the disabled, we request you to please take up this matter with the DoPT to ensure that disabled persons are given reservation in promotions to Group A & B also. The DoPT may be requested to rescind the O.M 36035/3/2004-Estt.(Res.) of 29.12.2005 and restore earlier orders that extended reservations in promotions in all Groups, grades and services." Register for AccessIndia convention 2011 at: http://www.accessindia.org.in/harish/convention.htm Search for old postings at: http://www.mail-archive.com/[email protected]/ 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
