Framing of guidelines for smooth functioning of Persons with Disabilities (PwDs) in their duties in Government services.

IMMEDIATE

No.36035/3/2013-Estt.(Res.II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training.

North Block, New Delhi
Dated 10th June, 2013

OFFICE MEMORANDUM

Subject: Framing of guidelines for smooth functioning of Persons with Disabilities (PwDs) in their duties in Government services.

   The undersigned is directed to inform that a Committee has been constituted under the Chairmanship of Joint Secretary (AT&A), DoPT to identify measures and prepare guidelines to enable smooth functioning of Persons with Disabilities in their duties in Government service.

   2. With this aim in view, the National Institute for the Visually Handicapped, Dehradun (under the Ministry of Social Justice and Empowerment) has authorised NAB, India Centre for Blind Women and Disability Studies, New Delhi to undertake the field study in this regard. The NAB would undertake field study in this Department for at least two days covering the following aspects:

   (i) to gain an insight into the work content and gauge the feasibility of PwDs working on those jobs

   (ii) execute some trials by blind or low vision persons at these tasks to verify the feasibility

   (iii) obtain feedback from peers and supervisors.

   3. It is requested to extend fullest cooperation to the NAB and the queries raised by them during their visit in your Ministry/Department are responded so that the scope of work in identified jobs and feasibility of PwDs working on those jobs could be gauged by them.

Sd/-
(Debabrata Das)
Under Secretary to the Govt. of India

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36035_3_2013-Estt-Res.II.pdf

Filling up of vacancies reserved 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 26th  November, 2012

OFFICE MEMORANDUM

Subject :- Filling up of vacancies reserved for Persons with Disabilities- reg.

   The undersigned is directed to refer to this Department's O.M. No.36035/3/2004-Estt.(Res.) dated 29.12.2005 regarding reservation for Persons with Disabilities in posts and services under the Central Government. The O.M.  contained instructions, inter alia, on carry forward of reservation of Persons with Disability (PwD) .

   2.  Extant instructions provide for ensuring that Persons with Disabilities get a fair opportunity in consideration for appointment to an identified post. The following points are required to be kept in view while sending the requisition notice to the Employment Exchange, the SSC, the UPSC etc. and while advertising the vacancies :-

   (i) Number of vacancies reserved for SCs/STs/OBCs/Ex-servicemen persons suffering from Blindness or Low Vision /Persons suffering from Hearing Impairment/Persons suffering from Locomotor Disability or Cerebral Palsy should be indicated clearly.

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