dear friends, Government of Tamilnadu recently released a Government Order concerning the implementation of three percent reservation in the government recruitment. However, there were several inconsistencies and grave flaws found in that order. Following this, Nethrodaya has written a letter asking the Tamilnadu Government to immediately rectify the errors and clarify the messy points. the letter has also been given as a press release to media. the same is produced below for your kind notice and constructive comments. Your suggestions and concrete comments are most welcome so that we will be able to work with better knowledge in future. you can also write personally to this mail id exclusively meant for Nethrodaya's public information. To those unfamiliar with Nethrodaya: Nethrodaya is a non-governmental organization working for the betterment of the visually impaired community in particular, and the whole lot of the disabled people in general. the organization is situated at Nolambur, Mugappair West, Chennai37. our mail id for you to contact is [email protected]. We run free hostel separately for visually impaired boys and girls who want to pursue their college studies, want to prepare for competitive exams and for any other course or treatment in chennai. you can know more about our functioning and achievements at www.nethrodaya.org
the letter begins: 11 March, 2014 To, The State Commissioner for Differently Abled Government of Tamil Nadu Chennai Dear Sir, Sub:Requesting revision of GO. No 10 dated 04/03/2014 issued by Welfare of the Differently Abled Department, Government of Tamilnadu Ref: 1 GO Number 10 dated 04/03/2014 issued by Department of Welfare of Differently Abled, Government of Tamilnadu 2 Supreme Court of India's Judgment dated 08/10/2013 in the matter of Civil Appeal; No 9096 of 2013 titled Union of India and Anr Vs National Federation of Blind and Others 3 OM NO 36012/24/2009. Est (res) dated 3/12/2013 issued by Ministry of Personnel, public grievances and pensioners. Department of personnel and Training, Government of India 4 GO Number 5 dated 29/01/2013 issued by Welfare of the Differently Abled Department, Government of Tamilnadu 5 GO Number 200 dated 22/12/2006 issued by Department of Social Welfare and Nutritious Meals Programme Department, Government of Tamilnadu 6 GO NO 87 dated 17/07/2008 issued by Department of Social Welfare and Nutritious Meals Programme Government of Tamilnadu 7 GO Number 01 dated 02/01/2012 issued by the Department for the Welfare of the Differently Abled, Government of Tamilnadu Reference 7 Cited above The Differently abled community of Tamilnadu had wholeheartedly welcomed the historic initiative taken by the Honorable Chief Minister, Government of Tamilnadu in constituting a high level committee headed by Chief Secretary to monitor and ensure implementation of 3% reservation for differently abled persons in government jobs. Reference 1 Cited above Categorically states that Government aided Institutions and Educational Institutions must also implement the 3% quota for the differently abled persons. However on careful perusal of the instructions contained in the latest GO No 10 dated 04/03/2014 issued by Government of Tamilnadu, we are surprised to observe that there are many anomalies, violations of rules, etc which will jeopardize the employment rights of the Differently abled community of Tamilnadu, thereby defeating the objective of reservation of posts to the differently abled as per PWD Act 1995. Reference 1 cited above I.) The above GO refers only to section 32 of the PWD Act 1995 which deals with identification of suitable vacancies for persons with disability and does not refer to the most important section of 33 of the PWD act 1995, which points out to computation and implementation of reservation of 3% of total vacancies for persons with disability. II.) In terms of para 5 of the latest GO No 10, the vacancies and backlog vacancies have to be calculated from the year 2007 till date. As per G.O. No. 5/2013 The Government has issued instructions to calculate the backlog vacancies from the year 2002 Para 6 iii of the above order stipulates that vacancies in Group A, B, C and D must be calculated from the year 2002 (year of commencement of PWD rules 2002). The provisions of the PWD Act came into existence in 1995 and it is unjust and illegal to deny the benefits of reservation for the years prior to 2007. The government must honor its earlier commitment of effecting reservation from the year 2002. It may be argued that the Government could not calculate vacancies from the year 2002 as there was a ban order for recruitment till the year 2006. The State government had given exemptions from the above ban order for many departments. Subsequently, such recruitments were made from 2002 to 2006. III. As per Para 5 of the present GO No 10, 1928 vacancies have been identified in respect of various Government recruitment agencies. There is no mention about the vacancies in respect of TNPSC which is one of the major recruitment agencies. Further, it has been indicated in the same Para that 1107 vacancies have been identified as backlog vacancies in respect of TRB .There is no classification of vacancies in respect of BT assistants for high schools PG Assistants in High Secondary Schools and Assistant Professors in Government Colleges. This lack of clarity, we are afraid, would lead to confusion and misuse. Government must spell out the vacancies under each specific category in the Order. Reference 2 Cited above Para 51 of the Judgment of Supreme Court of India dated 08/10/2013, states that "Thus after thoughtful consideration, we are of the view that the computation of reservation for persons with disabilities has to be computed in case of Group A, B, C and D posts in identical manner viz., "Computing 3% Reservation on total number of vacancies in the cadre strength" which is the intention of the Legislature. Further, in 47 of the judgment it clearly states the difference between 'posts' and 'vacancies' and defines that there can be vacancies only if there are posts in existence. It states "3% reservations for disables has to be computed on the basis of total strength of the cadre i.e, both identified as well as unidentified posts". Accordingly certain clauses in the OM dated 29/12/2005 which are contrary to the above reasoning are struck down and we direct the appropriate Government to issue new Office Memorandum(s) consistent with the decision rendered by this court. Reference 3 Cited above The Central Government had issued a revised Office Memorandum dated 03/12/2013. With regard to computation of vacancies, the Apex Court's directions are as under; "Thus after thoughtful consideration, we are of the view that the computation of reservation for persons with disabilities has to be computed in case of Group A, B, C and D posts in identical manner viz., "Computing 3% reservation on total number of vacancies in the cadre strength" which is the intention of the legislature. Accordingly certain clauses in the OM dated 29/12/2005 which are contrary to the above reasoning are struck down and we direct the appropriate Government to issue a new Office Memorandum(s) consistent with the decision rendered by this Court. "We, therefore, appeal to the Government of Tamilnadu to issue separate order incorporating the directions of the Apex court and include computation of the vacancies in Group A, B, C and D on total cadre strength" which is being done by the Central Government. Simultaneously the Government of India has issued a OM stating "Reservation for persons with disabilities in Group A or Group B posts shall be computed on the basis of total number of vacancies occurring in direct recruitment quota in all the Group A or Group B posts respectively, in the cadre". The present GO does not refer to total cadre strength as basis for calculation of vacancies which is highlighted by the Apex Court and Government of India. Reference 5 Cited above Para 2 of the GO stipulates that the calculation of vacancies must be on the basis of 100 points roster method. Reference 6 Cited above It is surprising to note that the Government has overlooked their own subsequent revision in the roster system to 200 points roster. As 200 points roster system is beneficial to the differently abled community which has already been granted by the Government, this has to be revised immediately in the GO concerned. Further, there is no mention about the calculation of vacancies, backlog vacancies for persons with disabilities in respect of Government aided institutions, and aided educational managements which is a gross violation of Act and Rules, and the directions of the Apex Court. We therefore appeal to you to rectify the above inconsistencies, violation of rules and non compliance of the Apex Court's Order in letter and spirit and issue a revised GO for the purpose with immediate effect, restoring the disability rights and employment opportunities of the differently abled community. Thanking you. Yours Sincerely, C. Govindakrishnan (Founder & Trustee, Nethrodaya) the letter ends. thank you friends.... Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in 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 Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
