COURT
MATTER
TIME
BOUND
No.36012/24/2009-Estt.
(Res.)
Government
of India
Ministry
of Personnel, Public Grievances and Pensions
Department
of Personnel and Training
North Block, New Delhi
Dated the 20 March, 2014
OFFICE
MEMORANDUM
Sub: Computation of reservation — implementation of the judgement of
Hon’ble Supreme Court in the matter of Union of Inida & Anr. Vs. National
Federation of Blind & Ors
In pursuance of the
judgement dated 08.10.2013 of the Hon’ble Supreme Court in the matter of Civil
Appeal No.9096 of 2013 [arising out of SLP(civil) No.7541 of 20091 titled Union
of India & Anr. Vs. National Federation of Blind & Ors, this Department
issued O.M No. of even dated 3rd December, 2013 modifying para 14 of this
Department’s O.M dated 29.12.2005 to the following extent:
“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 posts or Group posts respectively,
in the cadre”.
2. It was also requested to
compute number of vacancies available in all the cadres under their control
including attached offices, subordinate offices, public sector undertakings,
Government Companies, Cantonment Board, etc. in the aforesaid manner and
further identify the posts for disabled persons within a period of three months
from the date of judgement (8.10.2013) and implement the same without default. The Hon’ble Supreme Court directed that non-observance of the
provisions of reservation for persons with disabilities shall be considered as
an act of disobedience and the Nodal Officer concerned in Department /Public
Sector Undertakings/Government Companies responsible for proper strict
implementation of reservation for persons with disabilities be departmentally
proceeded against for the default.
3. Vide this Department’s
OM of even number dated 24th February, 2014, it was informed that the
Petitioner i.e. National Federation of the Blind has filed an application in
the Hon’ble High Court of Delhi and the Hon’ble High Court has directed to file
a status report giving details of steps taken to implement the judgement of the
Hon’ble Supreme Court including the appointments made, if any. Owing to
inadequate response from the appointments made, if any. Owing to inadequate
response from the Ministries/Departments, progress report on implementation of
the judgement of the Hon’ble Supreme Court could not be placed before the
Hon’ble High Court during the last hearing held on 12th March, 2014. The
Hon’ble High Court of Delhi has given three weeks time to file the status
report which has to be complied with.
4. All the
Ministries/Departments/Organisations of the Government of India are requested
to compute the reservations for persons with disabilities at the earliest and
immediately identify the posts for disabled persons and implement the same
without default. However, the following points may be kept in view while
computing reservations:-
(i) Three percent of the
vacancies in case of direct recruitment to Group A,B,C and D shall be reserved
for persons with disabilities of which 1% each shall be reserved for persons
suffering from (i) blindness or low vision , (ii) hearing impairment and (iii)
locomotor disability or cerebral palsy; in the posts identified for each
disability. Three percent of the vacancies in case of promotion to Group D and
Group C posts in which direct recruitment, if any, does not exceed 75% shall be
reserved for persons with disabilities of which 1% each shall be reserved for
persons suffering from (i) blindness or low vision, (ii) hearing impairment and
(iii) locomotor disability or cerebral palsy; in the posts identified for each
disability;
The computation of reservation for persons with disabilities has to be computed
in ease of Group A, B, C and D posts in identical manner viz.
"computing 3% reservation on total number of vacancies in the cadre
strength". The Honble Supreme Court has further directed to compute the
number of vacancies available in all the "establishments" and further
identify the posts for disabled persons within a period , of three months from
08.10.2013 and implement the same without default.
(iii) As regards effecting
reservation, Para 15 of this Department's O.M. No.36035/3/2004-Estt(Res) dated
the 29th December, 2005 "http://persmin.nic.in » OMs & Orders>>
;Establishment (Reservation)» Persons with Disabilities], inter alia,
stipulates that all establishments shall maintain separate 100 point
reservation roster registers in the prescribed torment for
determining/effecting reservation for the disabled - one each for Group A posts
filled by direct recruitment, Group B posts filled by direct recruitment, Group
C posts filled by direct recruitment, Group C posts filled by promotion, Group
D posts filled by direct recruitment and Group D posts filled by promotion.
Points 1, 34 and 67 of the roster shall be earmarked reserved for persons with
disabilities - one point each for three categories. The Head of the
establishment shall decide the categories of disabilities for which the points
1, 34 and 67 will be reserved keeping in view all the relevant facts
(iv) Whereas reservation
policy for SCs/STs/OBCs is post based, the reservation policy for persons with
disabilities is vacancy based.
(v) List of identified posts for the persons with disabilities issued by the
Department of Disability Affairs, Ministry of Social Justice and Empowerment
vide Notification No.16-15/ 2010-DD.III dated the 29th July, 2013 is available
at the website of the Ministry of Social Justice and Empowerment.
5. Keeping in view the above, all the Ministries/Departments/Organisations of
the Government of India are requested to furnish details of vacancies available
and poi identified for persons with disabilities in all the cadres under their
control including attached offices, subordinate offices, public sector
undertakings, Government Companies, Cantonment Board, etc in the following
format:-
|
Group
|
Name of Posts (both identified and non- identified)
|
Total vacancy available
|
Vacancy available for PwD at @ 3% of total vacancy (1% each for
VH, HH &OH)
|
Name of Post identified for persons with disability
|
Proposed action plan to fill up the post identified for persons
with disability
|
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|
VH
|
HH
|
OH
|
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A
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B
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C
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D
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[VH=Visually Handicapped;
HH=Hearing Handicapped; OH=Orthopedically Handicapped]
It is requested that above information may be sent to this Department within
two weeks i.e. by 27th March, 2014 so that a consolidated status report could
be placed before the next date of hearing. It is clarified that the Departments
who had earlier sent the information with reference to this Department's
earlier communications may also send the information, in the format now
prescribed keeping in view the details furnished in para 4 above. It may be
noted that response of the Ministries/Departments together with defaulters list
would form part of the status report to be filed before next date of hearing in
the Honble High Court of Delhi.
Sd/-
(G.Srinivasan)
Deputy Secretary to the
Government of India
Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36012_24_2009-Estt.Res.-20032014.pdf
