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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: No 36035/4/2010-Estt (Res) Government of India M

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


No 36035/4/2010-Estt
(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Dated 1st August 2011
OFFICE MEMORANDUM
Subject:      Consideration
of persons with disabilities for promotion against
unreserved vacancies-reg.
The
undersigned is directed to say that representations have been
received stating that some
Ministries/Departments etc. do not consider the persons
with disabilities for promotion
to Group ‘A’ and Group ‘B’ posts, even if such
posts are identified suitable for them, on the
ground that there is no reservation for
persons with disabilities in the matter of promotion to
such posts. In this regard,
attention is invited to para 6 of this Department’s OM No.
36035/3/2004-Estt
(Res)
dated 29th December, 2005, which provides that a person with
disability
cannot be
denied the right to compete for appointment against an unreserved
vacancy in a post identified
suitable for persons with disability of the relevant
category. It is hereby clarified
that if promotions are made to a Group ‘A’ or
Group ‘B’ post, which is identified suitable for persons with disability
of a specific category, the persons with
disability of relevant category in feeder grade, if any,
shall be considered for promotion to the post by
applying the same criterion as
applicable to other persons.
Three
per cent quota in government service for the disabled is only for initial
appointments not for Promotions-Madras High Court
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
source:
The Hindu

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