Reservation for Persons with Disabilities — reg.

No.36035/6/2012-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
dated 14th  December, 2012

OFFICE MEMORANDUM

Subject : Reservation for Persons with Disabilities — reg.

   This Department had issued instructions vide O.M. No.36035/3/2004- Estt.(Res.) dated 29.12.2005 regarding reservation for Persons with Disabilities, which are in line with the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PwD Act, 1995).

   2. It has been brought to the notice of this Department that the Ministries/Departments are not complying with the instructions of this Department regarding reservation to Persons with Disabilities in posts/services under the Central Government, particularly instructions related to carry forward of the unfilled reserved vacancies, interchange among the three categories of disability and lapsing of unfilled reserved vacancies.

 
   3. This Department had also issued instructions vide O.M. dated 26th  April, 2006 and 15th  January, 2010 requesting Ministries/Departments to prepare reservation roster registers starting from the year 1996. As per the instructions if some or all the vacancies so earmarked has not been filled by reservation and were filled by able bodied persons either for the reason that points of reservation had not been earmarked properly at the appropriate time or persons with disabilities did not become available, such unutilized reservation might be treated as having been
carried forward.

   4. Ministries/Departments may ensure that reservation to Persons with Disabilities provided as per extant instructions so as to minimize possibility of creation of backlog reserved vacancies. It is also advised that concerted efforts should be made to clear the backlog through regular recruitments without waiting for Special Recruitment Drives.

   5.  All Ministries/Departments etc. are requested to scrupulously implement the instructions.

sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36035_6_2012-Estt.Res.-14122012.pdf

Three per cent quota in government service for the disabled is only for initial appointments not for Promotions-Madras High Court.

 

   At first we should go through the DoPT OM No 36035/4/2010-Estt (Res) dated  01-08-2011.

   Three per cent quota in government service for the disabled is only for initial appointments, and the government cannot be directed to extend it for promotions, ruled the Madras High Court on Monday.

   Dismissing a petition seeking a direction to the government to reserve three per cent for promotions to physically handicapped persons, Justice K. Chandru said: “The provisions are contemplated only for initial appointments and not for promotions. The petitioner has not made out any case to seek a direction to provide for reservation for the disabled persons in the matter of promotions in respect of State services.”

   The writ petition was filed by the South Arcot Vallalar District Handicapped Welfare Association, represented by its president S. Shanmugam, seeking reservation for the disabled in promotions. If suitable employees were not available in a particular year, the unfilled posts could be carried over for the next three succeeding years.

   When the matter was heard, the State Commissioner for the Disabled stated that there was no government policy to reserve three per cent of posts in promotions to be filled from the disabled category.

   The disabled persons were considered only for the direct recruitment posts under three per cent reservation as per a G.O issued in 1981. Promotions were made in government departments based on seniority or transfer of service.

   Mr. Justice Chandru said it could be seen from the G.O. that reservation for disabled persons was only horizontal and not vertical as contemplated in Article 16 of the Constitution.

   He said that even in respect of the Scheduled Castes and Scheduled Tribes, it was only by virtue of amendments made to the Constitution and by introduction of Article 16(4A) that the State had been empowered to make provision for reservation in promotion to any class or classes of posts in the service.

Courtesy: The Hindu