Section 2 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (PwD) Act, 1995 defines “Disability” as:-
(i) Blindness;
(ii) Low vision;
(iii) Leprosy-cured;
(iv) Hearing impairment;
(v) Loco motor disability;
(vi) Mental retardation;
(vii) Mental illness;
As per Section 2 (t) of the PwD Act, person with disability means a person suffering from not less than forty percent (40 percent) of any disability as certified by a medical authority.
As per Section 33 of the PwD Act, 1995, every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three percent for persons or class of persons with disability of which one per cent. each shall be reserved for persons suffering from-
(i) Blindness or low vision;
(ii) Hearing impairment;
(iii) Loco motor disability or cerebral palsy, in the posts identified for each disability:
Provided that the appropriate Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.
As per Section 39 of the PwD Act, 1995, all Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seats for persons with disabilities.
Government has issued instructions that PwDs should be provided reservation in all Groups of identified posts, in the matter of direct recruitment and in Group ‘C’ and ‘D’ posts identified, in the matter of promotion. Vide O.M. dated 26th December, 2012, Government has issued instructions to ensure that Persons with Disabilities (PwDs) get a equal opportunity in consideration for appointment to an identified post.
The Government has finalized a Draft Rights of Persons with Disabilities Bill proposing reservation of not less than 5% of the posts for the persons with disabilities.
The above was given by Ministry of Social Justice and Empowerment in a written reply in Rajy Sabha as per details below:-
GOVERNMENT OF INDIA
MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
RAJYA SABHA
UNSTARRED QUESTION NO-138
ANSWERED ON-05.08.2013
Reservation for persons with disabilities
138 . SHRI BHAGAT SINGH KOSHYARI
(a) the types of disability that come under the category of reservation for the purpose of giving admission in educational institutes and providing employment to them;
(b) whether the recruitment under the quota available for persons with disabilities is being made regularly by Government;
(c) if so, the details thereof and if not, the reasons therefor;
(d) whether there is any proposal to increase the percentage of quota of reservation for disabled persons; and
(e) if so, the details thereof?
ANSWER
(a) to (c) **see above**
(d) and (e) The Government has finalized a Draft Rights of Persons with Disabilities Bill proposing reservation of not less than 5% of the posts for the persons with disabilities.
Source Rajya Sabha Q&A
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COMMENTS
Respected Sir,
I am physically handicapped employee working in the Central Excise Dept. as Deputy Office Supt(DOS),which is a Ministerial Cadre.
and there was only one option to become D.O.S. Ministry of Social Justice vide Notification No.16/25 /NI dated 31.5.2001 identifying the post of Inspector of Central Excise also can be handled by PH employees. As there was no option to become Inspector, I was promoted as DOS. After promulgation of Notification dated 31.5.2001 of Social Justice and Empowerment. I am eligible for the post of Inspector of Central Excise.
My request for becoming Inspector was not acceded to by the Department ,based on the grounds that Notification of Social Justice and Empowerment dated 31.5.2001 was issued only in the year 2001 and is not having any retrospective effect further once promoted to the cadre of DOS, cannot be reverted for purpose becoming Inspector as per CBEC letter F.No.A.32011/10/88.AD.III A dated 10.06.88, which was issued with consultation of Department of Personal and Training.
I filed the case with Central Administrative Tribunal, Chennai, vide O.A.No.381/2005 dated 25.1.06 and passed the Judgment that impugned orders already passed by the Department ,not acceding to my request was set aside and Department is relying upon a General instructions issued vide Ministry’s F.No. A.32011/10/88.AD.III A dated 10.6.88( with consultation of DOPT issued) and stating that while considering such cases, the respondents are expected to take all possible efforts to give equal opportunity to the Physically Handicapped employees and treating the equals as unequals amount to discrimination. Three months time was allowed by the CAT., Chennai to pass the speaking order and O.A.was allowed.
The Department had gone on appeal against the Order of CAT, Chennai vide W.P.NO.13306/06 (W.P.M.P.No.14629/2006) to High Court, Chennai. The High Court, Chennai also upheld the order of the CAT, Chennai and W .P filed by the Department was dismissed directing that no prejudice would be caused for reconsidering the matter afresh and appropriate orders to be passed in accordance with law in force.
The Department vide letter C.No. II/39/131/05 Estt. CCA dated 20.9.06 passed the speaking order negatively stating that as per the CBEC Ministry’s instructions vide letter F. No. B.12017/5/91-AD.III B dated 13.7.1993 and F. No. A.32011/9/95.AD.III A dated 19.4.06, Physically Handicapped persons should not be allowed to the Cadre post of Inspector of Central Excise.
Further vide F .No. A.32011/10/88. AD.III A dated 10.6.88 Finance Ministry had stated that matter of reversion of DOS (LII) for reversion to their substantive grade of U.D.C. for further promotion to the other cadre such as Inspector of Central Excise is not allowable, the decision taken by the Department was issued in consultation with DOPT ,Ministry of Personnel, Pensions, Public Grievances. The same instructions has been reiterated by Ministry of Finance letter F.No.32022/24/92 AD.III A dated 10.9.1992.
3% reservation is not implemented in our Department. Presently, Ministry of Finance (Department of revenue) has issued letter F. No. A.12034/62/2005 AD.III B dated 5.06.2006 and 27.11.06 reiterating that 3% Quota should be reserved for PH persons in the Customs and Central Excise Department for appointment/promotion of Inspector of Central Excise/P.O/Examiner.
Based on the judgement of Kerala High Court in O.P.(CAT) No.204 of 2010 and W.P.(C) No. 14028 of 2010 dated 26/9/2011, Shri.C.A. Joseph, Administrative Officer was promoted as Inspector of Central Excise vide Commissioner of Central Excise, Cochin Order No.201/12 dated 5.11.12(issued from file C.No.II/3/8/2012)
In view of the above, my request may be considered for promotion to the grade of Inspector of Central Excise .
Yours faithfully,
(M.ABDUL JABAR)