On 9/16/11, National Platform For The Rights of the Disabled (NPRD) <[email protected]> wrote: > *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 > > thank you for bringing into attention a very important issue.
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
