Reservation in promotion to person with disability-reg:-
manden sukesh
(Querist) 09 March 2017
This query is : Resolved
Good morning Members
GOI has reserved certain percentage of Identified post in Government Service for Person with Disability (PWD). For Group C & D there is provision for reservation in promotion also.
In certain cases it is found that promotion from feeder cadre to promotional post is 100% by seniority cum fitness (SCF) basis. In such case how the required percentage of Quota to be maintained for PWD without giving reservation in promotion. I am speaking about Group B & A Post. kindly advice how a PWD employee get reservation in promotion in such case.
Hope for valuable advice from respected members.
regards
M Sukesh
kavksatyanarayana
(Expert) 09 March 2017
Reply to the question raised by Mr.Sudhir Kumar Sir. however at the time of appointment, in most state governments and central government observe 3% reservation (for PH, VH and OH). for promotions also, some states and central government observing 3% fo PWD.
Sri Vijayan.A
(Expert) 09 March 2017
Pl see your establishment rules
manden sukesh
(Querist) 10 March 2017
• Government of India has implemented Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. Section 33 of said act mandates appointment in every establishment such percentage of vacancies not less than three per cent, for person or class of persons with disability. Now the Parliament has enacted law to enhance it from 3% to 4% and Gazette Notification is yet to be issued.
The apex court held that the Centre, States and Union Territories were obligated to implement the rules of reservation for this in the matters of appointment, selection, direct recruitment, deputation and also for promotion. The Supreme Court in its Judgement has declared that “Appointment will include promotion”.
But DOPT has not issued order for reservation in promotion for Group B & A post.
• My main pray is, once the post is identified, it must be reserved for PWD irrespective of the mode of recruitment adopted by the State/Department for filling up the post identified for PWD in all catagory. Otherwise it is not possible to maintain quota for PWD in Group B & A post where there is promotion for 100% by SCF.
manden sukesh
(Querist) 10 March 2017
My Dept RR for AE post says that
Clause No. 7 of Gazette Notification – Extra Ordinary- No. 432 dtd 31.08.2012 related to recruitment to the post of Assistant Engineers in ALHW .:-
“Nothing in the these rules shall effect reservation, relaxation of age limit and other concessions required to be provided for the scheduled Caste, the scheduled Tribes, Ex servicemen and other categories of person, in accordance with the orders issued by the Central Government from time to time in this regards”.
Here PWD is categorically not specified as per dept stands. But post is identified for PWD.
Rajendra K Goyal
(Expert) 15 March 2017
Repeated query:
http://www.lawyersclubindia.com/experts/Service-matters-reg--629771.asp
http://www.lawyersclubindia.com/experts/Person-with-disability-reservation-in-promotion-to-government-employees-in-group-b-seeking-advice--634136.asp
http://www.lawyersclubindia.com/experts/Reservation-in-promotion-to-person-with-disability-reg--634851.asp
