Everything the high court says is legal. Most of the states have not yet
identified posts for the disabled. It is also legal. They can always delay
and they are not liable to anybody for it. The ministry of Social Justice
has identified jobs, they do seldom follow it.
The disabled students have to work hard and spend extra for their degrees.
They should be appointed to proper posts. Reservation in promotion is
necessary if proper idenbtification is done. The disabled employees will not
be denied the due promotion on the ground of disability if identification is
made. The problem is that people don't understand our needs. They think that
we have got jobs in quota, that should be enough. Why should we cry for
promotion?
Rajesh is right. S47 protects us against discrimination. It enables us to
fight if we are denied promotion. But the way the Madras high court's order
is being highlighted, it seems, we were enjoying reservation in promotion.
Please visit
http://gconnect.in
and you will understand my grievance.
With best Regards,
Amiyo Biswas
Cell: +91-9433464329
----- Original Message -----
From: "Asudani, Rajesh" <[email protected]>
To: <[email protected]>
Sent: Thursday, June 14, 2012 3:38 PM
Subject: Re: [AI] Promotion to higher cadre
However, I must say Madras HC's stand is perfectly legal.
PWD section 47 ensures non discrimination in promotion, it does not talk
of reservation in promotion.
However, reservation is provided in D and C cadre, by government but not
in A and B cadre.
though fight is on to ensure reservation in promotion either through
reinterpretation of the existing clauses, or maybe, in the new statute.
-----Original Message-----
From: [email protected]
[mailto:[email protected]] On Behalf Of Kotian, H P
Sent: Thursday, June 14, 2012 3:37 PM
To: [email protected]
Subject: [AI] Promotion to higher cadre
All
Copying below a posting which failed to get to the list.
It is something worrysome to read the stand taken.
Harish Kotian
Quoting:
Dear friends,
I am forwarding the mail received from one of my friends relating to the
reservation on promotion for higher cadres. Pls share your thoughts.
Srinivasan
----- Original Message -----
From: MURALIDHAR. R
To: [email protected]
Sent: Tuesday, June 12, 2012 9:03 PM
Subject: HC judgment
Apps
________________________________________
No quota in promotions for disabled: Madras HC
Jun 12, 2012, 02.07AM IST TNN
CHENNAI: Disabled candidates, who are entitled to 3% reservation in jobs,
can't seek extension of the benefit to promotions as well, the Madras high
court has said.
Dismissing a writ petition seeking reservation of 3% of vacancies in
promotions for disabled persons, Justice K Chandru said: "Even under the
provisions of the Persons with Disabilities (equal opportunities,
protection or rights and full participation) Act, 1995, reservation can be
made only after identification of posts. Those provisions are contemplated
only for initial appointment and not for promotions."
The petition, filed by South Arcot Vallalar District Handicapped Welfare
Association represented by its president S Shanmugam and secretary K
Duraisamy, sought a suitable direction to the state government to reserve
3% of vacancies in promotions for the disabled, besides carrying over the
unfilled posts for the next three successive years.
The state commissioner for the disabled submitted that there was no
government policy to reserve 3% of the posts for the disabled employees
while granting promotions. Admitting that following an August 14, 1981
order, 3% of jobs are reserved for the disabled, the official said the
plea to have a quota in promotion could not be considered in the absence
of a state policy. Citing this response, Justice Chandru dismissed the
writ petition.
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