Main Article - Apr, 2006
RESERVATION FOR PERSONS WITH DISABILITIES
Ch. Srinivasa Rao, Under Secretary, CSIR, New Delhi
Introduction
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came into effect from 7-2-1996. The provisions contained therein relating to filling up of the posts meant for persons with disabilities are required to be implemented earnestly. The categories of the handicapped for the purpose of reservation in employment were duly defined by the Govt. of India.
In supersession of all previous orders, Govt. of India have issued consolidated instructions on reservation for persons with disabilities (physically handicapped) viz. (i) blindness or low vision; (ii) hearing impairment, and (iii) locomotor disability or cerebral palsy, in posts and services under the Govt. of India on the basis of a Disability Certificate issued by a prescribed competent authority.
Definitions
i) (a) Blindness refers to a condition where a person suffers from any of the following conditions: (i) total absence of sight; or (ii) visual acquity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting lenses; or (iii) imitation of the field of vision subtending an angle of 20 degrees or worse
(b) Low vision means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision, for the planning or execution of a task with appropriate assistive device
ii) Hearing impairment means loss of sixty decibels or more in the better ear in the conventional range of frequencies
iii) (a) Locomotor disability means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy
(b) Cerebral Palsy means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, perinatal or infant period of development
(c) All the cases of orthopaedically handicapped persons would be covered under the category of "locomotor disability" or "cerebral palsy"
Degree of disability
Each category of disability has further been divided into: Mild: less than 40%; moderate: 40% and above; severe: 75% and above; and profound/total: 100%. Various concessions/benefits, including employment under the Central Govt. would be available only to those falling under the above categories, the minimum degree of disability being 40%.
Competent Authority to issue M.C.
The competent authority to issue Disability Certificate shall be a Medical Board duly constituted by the Central/State Govt. consisting of three members out of which at least one shall be a specialist in the particular field for assessing locomotor/cerebral/visual/ hearing disability, as the case may be.
The Medical Board shall issue a permanent disability certificate in cases of such permanent disabilities where there are no chances of variation in the degree of disability duly indicating the period of validity of the certificate in cases where there are chances of variation in the degree of disability.
Identification of jobs/posts
The Ministry have identified the jobs/posts suitable to be held by persons with disabilities and the physically handicapped requirement for all such jobs vide their Notification No.16-25/99NI.I dated 31-5-2001. It may be noted that:
i) the nomenclature used for any job shall mean and include ‘other comparable jobs’ having identical functions;
ii) the list of jobs is not exhaustive and the Ministries/Departments shall have the discretion to identify jobs in addition to the jobs already identified by the Ministry but have no purview to exclude any identified job; and
iii) if a job identified is shifted from one group or grade to another group or grade due to change in the pay scale or otherwise, the job/post shall remain identified.
Exemption from reservation
If any Department/Ministry considers it necessary to exempt any establishment partly or fully from the provision of reservation for persons with disabilities is required to make a reference to the Ministry of Social Justice & Empowerment, Govt. of India.
Reservation in posts
If a post is identified to be suitable only for one category of disability, reservation in that post shall be given to persons with that disability only. Reservation of 3% shall not be reduced in such cases and total reservation in the post will be given to persons suffering from the disability for which it has been identified. Likewise, in case the post is identified suitable for two categories of disabilities, as far as possible, reservation shall be distributed between the persons with those categories of disabilities equally. Reservation in different posts should be distributed to get an equal representation.
Ch. Srinivasa Rao, Under Secretary, CSIR, New Delhi
Introduction
Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 came into effect from 7-2-1996. The provisions contained therein relating to filling up of the posts meant for persons with disabilities are required to be implemented earnestly. The categories of the handicapped for the purpose of reservation in employment were duly defined by the Govt. of India.
In supersession of all previous orders, Govt. of India have issued consolidated instructions on reservation for persons with disabilities (physically handicapped) viz. (i) blindness or low vision; (ii) hearing impairment, and (iii) locomotor disability or cerebral palsy, in posts and services under the Govt. of India on the basis of a Disability Certificate issued by a prescribed competent authority.
Definitions
i) (a) Blindness refers to a condition where a person suffers from any of the following conditions: (i) total absence of sight; or (ii) visual acquity not exceeding 6/60 or 20/200 (Snellen) in the better eye with correcting lenses; or (iii) imitation of the field of vision subtending an angle of 20 degrees or worse
(b) Low vision means a person with impairment of visual functioning even after treatment or standard refractive correction but who uses or is potentially capable of using vision, for the planning or execution of a task with appropriate assistive device
ii) Hearing impairment means loss of sixty decibels or more in the better ear in the conventional range of frequencies
iii) (a) Locomotor disability means disability of the bones, joints or muscles leading to substantial restriction of the movement of the limbs or any form of cerebral palsy
(b) Cerebral Palsy means a group of non-progressive conditions of a person characterized by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, perinatal or infant period of development
(c) All the cases of orthopaedically handicapped persons would be covered under the category of "locomotor disability" or "cerebral palsy"
Degree of disability
Each category of disability has further been divided into: Mild: less than 40%; moderate: 40% and above; severe: 75% and above; and profound/total: 100%. Various concessions/benefits, including employment under the Central Govt. would be available only to those falling under the above categories, the minimum degree of disability being 40%.
Competent Authority to issue M.C.
The competent authority to issue Disability Certificate shall be a Medical Board duly constituted by the Central/State Govt. consisting of three members out of which at least one shall be a specialist in the particular field for assessing locomotor/cerebral/visual/ hearing disability, as the case may be.
The Medical Board shall issue a permanent disability certificate in cases of such permanent disabilities where there are no chances of variation in the degree of disability duly indicating the period of validity of the certificate in cases where there are chances of variation in the degree of disability.
Identification of jobs/posts
The Ministry have identified the jobs/posts suitable to be held by persons with disabilities and the physically handicapped requirement for all such jobs vide their Notification No.16-25/99NI.I dated 31-5-2001. It may be noted that:
i) the nomenclature used for any job shall mean and include ‘other comparable jobs’ having identical functions;
ii) the list of jobs is not exhaustive and the Ministries/Departments shall have the discretion to identify jobs in addition to the jobs already identified by the Ministry but have no purview to exclude any identified job; and
iii) if a job identified is shifted from one group or grade to another group or grade due to change in the pay scale or otherwise, the job/post shall remain identified.
Exemption from reservation
If any Department/Ministry considers it necessary to exempt any establishment partly or fully from the provision of reservation for persons with disabilities is required to make a reference to the Ministry of Social Justice & Empowerment, Govt. of India.
Reservation in posts
If a post is identified to be suitable only for one category of disability, reservation in that post shall be given to persons with that disability only. Reservation of 3% shall not be reduced in such cases and total reservation in the post will be given to persons suffering from the disability for which it has been identified. Likewise, in case the post is identified suitable for two categories of disabilities, as far as possible, reservation shall be distributed between the persons with those categories of disabilities equally. Reservation in different posts should be distributed to get an equal representation.
Quantum of reservation
Three per cent of the vacancies to Group A, B, C & D posts shall be reserved for persons with disabilities of which one per cent each in the posts identified for each disability.
Computation of reservation
Reservation for persons with disabilities in cases of Group C & D posts shall be computed on the basis of total number of vacancies occurring in all Group C or D posts in a recruitment year both in the identified and non-identified posts. Similarly, reservation in Group A & B posts, shall be computed on the basis of vacancies occurring under Direct Recruitment quota in all the identified posts separately for Group A & B categories.
Maintenance of reservation rosters
All establishments shall maintain separate 100-point reservation roster registers in prescribed format for determining/effecting reservation for the disabled one each for Group A, B, C & D posts filled by Direct Recruitment and Group C & D posts filled by Promotion
Three per cent of the vacancies to Group A, B, C & D posts shall be reserved for persons with disabilities of which one per cent each in the posts identified for each disability.
Computation of reservation
Reservation for persons with disabilities in cases of Group C & D posts shall be computed on the basis of total number of vacancies occurring in all Group C or D posts in a recruitment year both in the identified and non-identified posts. Similarly, reservation in Group A & B posts, shall be computed on the basis of vacancies occurring under Direct Recruitment quota in all the identified posts separately for Group A & B categories.
Maintenance of reservation rosters
All establishments shall maintain separate 100-point reservation roster registers in prescribed format for determining/effecting reservation for the disabled one each for Group A, B, C & D posts filled by Direct Recruitment and Group C & D posts filled by Promotion
Each register shall have cycles of 100-points and each cycle of 100 points shall be divided into three blocks comprising of: 1st block – Point No.1 to 33; 2nd block - No.34 to 66; and 3rd block – No.67 to 100. Thus point 1, 34 and 67 of the roster shall be earmarked for persons with disabilities, one point for each of the three categories of disabilities. If it is not possible to recruit exactly at point 1, 34 and 67, one of the vacancies falling at any of the points from 2 to 33 shall be filled by the disabled. The discretion as to which category of the disabled should be accommodated first shall vest in the Head of the establishment.
Separate rosters shall be maintained for Group C and B posts filled by "Direct Recruitment" as well as by "Promotion".
Exchange/Carry forwarding of posts
Head of the Department is competent to allow inter se exchange between various categories of persons with disabilities, subject to non-availability of suitable candidate of specific category. Further, in case the post is identified as suitable for all three categories of persons with disabilities, preference should be given to the category which is the least represented.
Reservation for each of the three categories of persons with disabilities shall be made separately. If a person with particular disability cannot be employed, the vacancies may be interchanged among the three categories with the approval of the Ministry which will be treated to have been filled by reservation. If any vacancy reserved for any category cannot be filled due to non-availability of a suitable person, such vacancy shall be carried forward as a ‘backlog reserved vacancy’ to the subsequent recruitment year, up to two years; whereafter the reservation shall lapse.
Horizontal reservation
If there are two vacancies reserved for the persons with disabilities in a given year, and out of two persons with disabilities appointed, one belongs to a SC and the other to General category, then the disabled SC candidate shall be adjusted against the SC point in the reservation and the General candidate against unreserved point in the relevant reservation roster.
Zone of consideration
i) For vacancies up to (and including) 10, existing provisions relating to normal size of zone of consideration will continue to be applicable.
ii) For vacancies exceeding 10, the normal size of zone of consideration will now be “one and half times the number of vacancies”, rounded off to next higher integer, plus three but shall not be less than the size of zone of consideration for ten vacancies; and
iii) The existing size of extended zone of consideration for SC/ST Officers, viz. “five times the total number of vacancies” will continue to be applicable.
The following shall explain about the 'normal zone' and 'extended zone of consideration' for a given number of vacancies:
Number of vacancies: 1; Normal size of zone of consideration: 5; (Extended zone of consideration for SC/ST: 5) i.e., 1:5 (Extended zone of consideration: 5); similarly for: 2:8 (10); 3:10 (15); 4:12 (20); 5:14 (25); 6:16 (30); 7:18 (35); 8:20 (40); 9:22 (45); 10:24 (50); 11:24 (55); 12:24 (60); 13:24 (65); 14:24 (70); 15:26 (75); 16:27 (80); 17:29 (85); 18:30 (90); 19:32 (95); 20:33 (100); 30:48 (150); 40:63 (200); 50:78 (250); 60:93 (300); 70:108 (350); 80:123 (400); 90:138 (450); 100:153 (500).
Three per cent of the vacancies in case of promotion to Group C and D posts in which the element of Direct Recruitment, if any, does not exceed 75% shall be reserved, of which one per cent each in the posts identified for each disability.
While filling up the reserved vacancies by "Promotion by Selection", the disabled candidates who are within the normal zone of consideration shall be considered for promotion. Where adequate number of disabled candidates of the appropriate category of handicap are not available within the normal zone, the zone of consideration may be extended to “one and half times” (while for SC/ST Officers it continues to be “five times the total number of vacancies”). In the event of non-availability, reservation can be exchanged with other category of disability. Even then if it is not possible, the reservation shall be carried forward for up to three subsequent recruitment years, whereafter the reservation shall lapse.
Relaxations
Separate rosters shall be maintained for Group C and B posts filled by "Direct Recruitment" as well as by "Promotion".
Exchange/Carry forwarding of posts
Head of the Department is competent to allow inter se exchange between various categories of persons with disabilities, subject to non-availability of suitable candidate of specific category. Further, in case the post is identified as suitable for all three categories of persons with disabilities, preference should be given to the category which is the least represented.
Reservation for each of the three categories of persons with disabilities shall be made separately. If a person with particular disability cannot be employed, the vacancies may be interchanged among the three categories with the approval of the Ministry which will be treated to have been filled by reservation. If any vacancy reserved for any category cannot be filled due to non-availability of a suitable person, such vacancy shall be carried forward as a ‘backlog reserved vacancy’ to the subsequent recruitment year, up to two years; whereafter the reservation shall lapse.
Horizontal reservation
If there are two vacancies reserved for the persons with disabilities in a given year, and out of two persons with disabilities appointed, one belongs to a SC and the other to General category, then the disabled SC candidate shall be adjusted against the SC point in the reservation and the General candidate against unreserved point in the relevant reservation roster.
Zone of consideration
i) For vacancies up to (and including) 10, existing provisions relating to normal size of zone of consideration will continue to be applicable.
ii) For vacancies exceeding 10, the normal size of zone of consideration will now be “one and half times the number of vacancies”, rounded off to next higher integer, plus three but shall not be less than the size of zone of consideration for ten vacancies; and
iii) The existing size of extended zone of consideration for SC/ST Officers, viz. “five times the total number of vacancies” will continue to be applicable.
The following shall explain about the 'normal zone' and 'extended zone of consideration' for a given number of vacancies:
Number of vacancies: 1; Normal size of zone of consideration: 5; (Extended zone of consideration for SC/ST: 5) i.e., 1:5 (Extended zone of consideration: 5); similarly for: 2:8 (10); 3:10 (15); 4:12 (20); 5:14 (25); 6:16 (30); 7:18 (35); 8:20 (40); 9:22 (45); 10:24 (50); 11:24 (55); 12:24 (60); 13:24 (65); 14:24 (70); 15:26 (75); 16:27 (80); 17:29 (85); 18:30 (90); 19:32 (95); 20:33 (100); 30:48 (150); 40:63 (200); 50:78 (250); 60:93 (300); 70:108 (350); 80:123 (400); 90:138 (450); 100:153 (500).
Three per cent of the vacancies in case of promotion to Group C and D posts in which the element of Direct Recruitment, if any, does not exceed 75% shall be reserved, of which one per cent each in the posts identified for each disability.
While filling up the reserved vacancies by "Promotion by Selection", the disabled candidates who are within the normal zone of consideration shall be considered for promotion. Where adequate number of disabled candidates of the appropriate category of handicap are not available within the normal zone, the zone of consideration may be extended to “one and half times” (while for SC/ST Officers it continues to be “five times the total number of vacancies”). In the event of non-availability, reservation can be exchanged with other category of disability. Even then if it is not possible, the reservation shall be carried forward for up to three subsequent recruitment years, whereafter the reservation shall lapse.
Relaxations
Age limits: The upper age limit for persons with disabilities shall be relaxable under "Direct Recruitment" by:
a) by ten years (15 years for SCs/STs and 13 years for OBCs) in case of “Direct Recruitment” to Group C and D posts;
b) by 5 years (10 years for SCs/STs and 8 years for OBCs) in case of "Direct Recruitment" to Group A and B posts where “recruitment is made otherwise than through open competitive examination”; and
c) by 10 years (15 years for SCs/STs and 13 years for OBCs) in case of “Direct Recruitment” to Group A and B posts through "Open Competitive Examination".
Relaxation in age limit shall be applicable irrespective of the fact whether the post is reserved or not, provided the post is identified suitable for persons with disabilities.
Preference has to be given to persons with disabilities at the time of recruitment to the identified posts in Gr. A & B.
Standard of suitability: If sufficient number of candidates are not available on the basis of the general standard to fill all the reserved vacancies, they may be selected on relaxed standard to make up the deficiency in the reserved quota, provided they are not found unfit.
Relaxed standards: The reserved vacancies will be filled up separately from amongst the eligible candidates with disabilities which will thus comprise physically handicapped candidates who are lower in merit than the last candidate in merit list but otherwise found suitable for appointment, if necessary, by relaxed standards. It will apply in case of "Direct Recruitment" as well as "Promotion" wherever reservation for persons with disabilities is admissible.
Medical examination: In case of medical examination of a person with disability for appointment to a post identified as suitable to be held by a person suffering from a particular kind of disability, the concerned Medical Officer/Board shall be informed beforehand that the post is identified suitable to be held by persons with disability of the relevant category, and the candidate shall then be examined medically.
It is not necessary to hold fresh medical examination of the candidates recommended by the Vocational Rehabilitation Centres at the time of their appointment, i.e., they should be appointed straightaway on the basis of the Certificate of Fitness issued by the Medical Boards attached to such Centres.
Leprosy-cured persons who have become handicapped are eligible to be considered for appointment under physically handicapped category. However, this will not preclude their right for preferential medical treatment. In cases where such candidates are referred to Govt. Civil hospitals located at stations outside their HQs., fee collected, if any, is reimbursable.
Exemption of fee: Persons with disability shall be exempt from payment of application fee and examination fee prescribed in respect of competitive examinations held by the Staff Selection Commission. UPSC, etc. for recruitment to Group A, B, C & D posts filled through “Recruitment by Selection”. Only such persons who would otherwise be eligible for appointment to the post on the basis of standards of medical fitness prescribed for that post will be exempt, provided necessary certificate is enclosed with the application form.
Exemption from typing test: Physically handicapped persons who are otherwise qualified to hold clerical posts and are certified as being unable to type by the Medical Board attached to special Employment Exchange for the handicapped (or by a Civil Surgeon where there is no such Board) are exempted from the typing qualification.
The term “physically handicapped” does not cover those who are visually or hearing handicapped but covers only those whose physical disability permanently prevents them from typing. Accordingly while retaining the typing qualification in the recruitment rules for the posts of LDC, a provision should be made therein that such requirement will not apply in the case of physically handicapped persons.
a) by ten years (15 years for SCs/STs and 13 years for OBCs) in case of “Direct Recruitment” to Group C and D posts;
b) by 5 years (10 years for SCs/STs and 8 years for OBCs) in case of "Direct Recruitment" to Group A and B posts where “recruitment is made otherwise than through open competitive examination”; and
c) by 10 years (15 years for SCs/STs and 13 years for OBCs) in case of “Direct Recruitment” to Group A and B posts through "Open Competitive Examination".
Relaxation in age limit shall be applicable irrespective of the fact whether the post is reserved or not, provided the post is identified suitable for persons with disabilities.
Preference has to be given to persons with disabilities at the time of recruitment to the identified posts in Gr. A & B.
Standard of suitability: If sufficient number of candidates are not available on the basis of the general standard to fill all the reserved vacancies, they may be selected on relaxed standard to make up the deficiency in the reserved quota, provided they are not found unfit.
Relaxed standards: The reserved vacancies will be filled up separately from amongst the eligible candidates with disabilities which will thus comprise physically handicapped candidates who are lower in merit than the last candidate in merit list but otherwise found suitable for appointment, if necessary, by relaxed standards. It will apply in case of "Direct Recruitment" as well as "Promotion" wherever reservation for persons with disabilities is admissible.
Medical examination: In case of medical examination of a person with disability for appointment to a post identified as suitable to be held by a person suffering from a particular kind of disability, the concerned Medical Officer/Board shall be informed beforehand that the post is identified suitable to be held by persons with disability of the relevant category, and the candidate shall then be examined medically.
It is not necessary to hold fresh medical examination of the candidates recommended by the Vocational Rehabilitation Centres at the time of their appointment, i.e., they should be appointed straightaway on the basis of the Certificate of Fitness issued by the Medical Boards attached to such Centres.
Leprosy-cured persons who have become handicapped are eligible to be considered for appointment under physically handicapped category. However, this will not preclude their right for preferential medical treatment. In cases where such candidates are referred to Govt. Civil hospitals located at stations outside their HQs., fee collected, if any, is reimbursable.
Exemption of fee: Persons with disability shall be exempt from payment of application fee and examination fee prescribed in respect of competitive examinations held by the Staff Selection Commission. UPSC, etc. for recruitment to Group A, B, C & D posts filled through “Recruitment by Selection”. Only such persons who would otherwise be eligible for appointment to the post on the basis of standards of medical fitness prescribed for that post will be exempt, provided necessary certificate is enclosed with the application form.
Exemption from typing test: Physically handicapped persons who are otherwise qualified to hold clerical posts and are certified as being unable to type by the Medical Board attached to special Employment Exchange for the handicapped (or by a Civil Surgeon where there is no such Board) are exempted from the typing qualification.
The term “physically handicapped” does not cover those who are visually or hearing handicapped but covers only those whose physical disability permanently prevents them from typing. Accordingly while retaining the typing qualification in the recruitment rules for the posts of LDC, a provision should be made therein that such requirement will not apply in the case of physically handicapped persons.
Posting: The physically handicapped persons who have been recruited on regional basis for Group C and D posts may be given posting, as far as possible, near their native places within the region
Transfer: Requests for transfer from physically handicapped employees in Gr. A, B, C & D categories for transfer to or near their native places have to be given preference.
Transport Allowance: Physically handicapped persons are eligible to draw Transport Allowance at "double" the prescribed normal rates. Those who were provided with Govt. accommodation within a distance of 1 km. from the place of work and residence are also eligible at the normal rates.
Tuition fee: Physically Handicapped and Mentally Retarded children are eligible to draw a Tuition fee of Rs.100/- p.m. per child for Class I to XII.
Notification of vacancies
In addition to Employment Exchange/Special Employment Exchange/Vocational Rehabilitation Centres, the following Rehabilitation Institutes may also nominate suitable persons for vacancies reserved for Physically Handicapped in Gr. C and D posts. The appointing authorities are required to endorse a copy of their requisition to these Institutions under Employment Exchange (Compulsory Notification of Vacancies) Act:
1. National Institute for the Visually Handicapped, 116, Rajpur Road, Dehradun 248 001
2. National Institute for the Orthopaedically Handicapped, B.T. Road, Bon-Hooghly, Calcutta 700 090
3. National Institute for the Mentally Handicapped, Manovikas Nagar, P.O. Bownpally, Secunderabad 500 011
4. National Institute of Rehabilitation, Research & Training Centre, Olatour, P.O.Boiroi, Cuttack, Orissa 754 016
5. Ali Yawar Jung National institute for the Hearing Handicapped, Kishan Chand Marg, Bandra (W), Bombay 400 350
6. Institute for the Physically Handicapped, 4, Vishnu Digamber Marg, New Delhi 110 002.
While notifying the vacancies, the following points shall be kept in view:
i)Number of vacancies reserved for SCs/STs/OBCs/Ex-Servicemen/Persons suffering from Blindness or Low Vision/Hearing Impairment/Locomotor disability or Cerebral Palsy should be indicated clearly.
ii)In case of vacancies in posts identified to be held by persons with disability, it shall be indicated that the post is identified for persons with disabilities suffering from blindness or low vision; hearing impairment; and/or locomotor disability or cerebral palsy, as the case may be, and that the persons with disabilities belonging to the category/categories for which the post is identified shall be allowed to apply even if no vacancies are reserved for them. Such candidates will be considered for selection for appointment to the post by general standards of merit. It shall also be indicated that persons suffering not less than 40% of the relevant disability shall alone be eligible for the benefit of reservation.
iii)In case of vacancies in posts identified to be suitable for persons with disabilities, irrespective of whether any vacancies are reserved or not, the disabilities for which the post is identified suitable along with functional and physically handicapped requirements for performing the duties attached to the post shall be indicated clearly.
Unreserved vacancies
A person with disability cannot be denied the right to compete for appointment against an unreserved vacancy provided the post is identified to be suitable for persons with disability of the relevant category. However, persons with disabilities selected on their own merit without relaxed standards along with other candidates will not be adjusted against the reserved share of vacancies.
Certification
In order to ensure proper implementation of the provisions of reservation for persons with disabilities, the requisitioning authority while sending the requisition to the UPSC, SSC, etc. for filling up of posts shall furnish the following certificate: “It is certified that the requirements of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the policy relating to reservation for persons with disabilities has been taken care of while sending this requisition. The vacancies reported in this requisition fall at Points No.... of Cycle No.... of 100-point reservation roster out of which .....(number of) vacancies are reserved for persons with disabilities.”
Casual workers
While regularizing the Casual Workers who were conferred with Temporary Status, reservation to physically handicapped persons should also be considered along with other reserved categories.
Liaison Officers
Liaison Officers appointed to look after reservation matters for SCs/STs shall also work as Liaison Officers for reservation matters relating to persons with disabilities and shall ensure compliance of instructions.
Annual reports
Immediately after the 1st January of every year, each appointing authority of all Statutory, semi-Government and Autonomous Bodies shall furnish "Annual Statement Showing the Representation of the Persons with Disabilities in Services-I and II" in prescribed pro forma to the Department of Personnel & Training, Govt. of India.
Transfer: Requests for transfer from physically handicapped employees in Gr. A, B, C & D categories for transfer to or near their native places have to be given preference.
Transport Allowance: Physically handicapped persons are eligible to draw Transport Allowance at "double" the prescribed normal rates. Those who were provided with Govt. accommodation within a distance of 1 km. from the place of work and residence are also eligible at the normal rates.
Tuition fee: Physically Handicapped and Mentally Retarded children are eligible to draw a Tuition fee of Rs.100/- p.m. per child for Class I to XII.
Notification of vacancies
In addition to Employment Exchange/Special Employment Exchange/Vocational Rehabilitation Centres, the following Rehabilitation Institutes may also nominate suitable persons for vacancies reserved for Physically Handicapped in Gr. C and D posts. The appointing authorities are required to endorse a copy of their requisition to these Institutions under Employment Exchange (Compulsory Notification of Vacancies) Act:
1. National Institute for the Visually Handicapped, 116, Rajpur Road, Dehradun 248 001
2. National Institute for the Orthopaedically Handicapped, B.T. Road, Bon-Hooghly, Calcutta 700 090
3. National Institute for the Mentally Handicapped, Manovikas Nagar, P.O. Bownpally, Secunderabad 500 011
4. National Institute of Rehabilitation, Research & Training Centre, Olatour, P.O.Boiroi, Cuttack, Orissa 754 016
5. Ali Yawar Jung National institute for the Hearing Handicapped, Kishan Chand Marg, Bandra (W), Bombay 400 350
6. Institute for the Physically Handicapped, 4, Vishnu Digamber Marg, New Delhi 110 002.
While notifying the vacancies, the following points shall be kept in view:
i)Number of vacancies reserved for SCs/STs/OBCs/Ex-Servicemen/Persons suffering from Blindness or Low Vision/Hearing Impairment/Locomotor disability or Cerebral Palsy should be indicated clearly.
ii)In case of vacancies in posts identified to be held by persons with disability, it shall be indicated that the post is identified for persons with disabilities suffering from blindness or low vision; hearing impairment; and/or locomotor disability or cerebral palsy, as the case may be, and that the persons with disabilities belonging to the category/categories for which the post is identified shall be allowed to apply even if no vacancies are reserved for them. Such candidates will be considered for selection for appointment to the post by general standards of merit. It shall also be indicated that persons suffering not less than 40% of the relevant disability shall alone be eligible for the benefit of reservation.
iii)In case of vacancies in posts identified to be suitable for persons with disabilities, irrespective of whether any vacancies are reserved or not, the disabilities for which the post is identified suitable along with functional and physically handicapped requirements for performing the duties attached to the post shall be indicated clearly.
Unreserved vacancies
A person with disability cannot be denied the right to compete for appointment against an unreserved vacancy provided the post is identified to be suitable for persons with disability of the relevant category. However, persons with disabilities selected on their own merit without relaxed standards along with other candidates will not be adjusted against the reserved share of vacancies.
Certification
In order to ensure proper implementation of the provisions of reservation for persons with disabilities, the requisitioning authority while sending the requisition to the UPSC, SSC, etc. for filling up of posts shall furnish the following certificate: “It is certified that the requirements of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and the policy relating to reservation for persons with disabilities has been taken care of while sending this requisition. The vacancies reported in this requisition fall at Points No.... of Cycle No.... of 100-point reservation roster out of which .....(number of) vacancies are reserved for persons with disabilities.”
Casual workers
While regularizing the Casual Workers who were conferred with Temporary Status, reservation to physically handicapped persons should also be considered along with other reserved categories.
Liaison Officers
Liaison Officers appointed to look after reservation matters for SCs/STs shall also work as Liaison Officers for reservation matters relating to persons with disabilities and shall ensure compliance of instructions.
Annual reports
Immediately after the 1st January of every year, each appointing authority of all Statutory, semi-Government and Autonomous Bodies shall furnish "Annual Statement Showing the Representation of the Persons with Disabilities in Services-I and II" in prescribed pro forma to the Department of Personnel & Training, Govt. of India.
References
1.GI MPPG&P (DP&T) OM No. 14024/2/93-Estt(D) dt. 6-2-1995; CSIR Endt. No. 33/95/SC/ ST-Cell dt. 6-3-1995
2.GI MPPG&P DP&T OM No. 15012/5/92-Estt(D) dt. 27-7-1995
3.GI MPPG&P DP&T OM No. 36035/02/ 98-Estt.(Res.); CSIR Endt. No. 33/ 95/SC/ST Cell dt. 22-6-98
4.GI MPPG&P DPT OM No. 21017/1/ 97-Estt.(Allowances) dt.12-6-1998; CSIR Endt. No. 17 (68) /97-PPS dt. 14-7-1998
5.Swamy’s Complete Manual on “Establishment and Administration for Central Government Offices (1999), Swamy Publishers (P) Ltd., Chennai
6.GI DP&T OM No. 36035/16/98-Estt. (Res.) dt.13-7-1999; Swamysnews, Sept., 1999, 49-50
7.GoI MPPG&P DP&T OM No. A-B 14017/16/2002-Estt.(RR) dt. 13-3-2002; CSIR Endt. No.3-33(1)/2002-E.I dt. 22-4-2002
8.GoI M.F. O.M. No. 21(1)/97-E.II(B) dt. 3-5-2002; Swamysnews, July, 2002, 19-20
9.GI DOPT O.M.No.22011/2/2002-Estt.(D) dt.6-1-2006;Swamysnews, March 2006, 10-13
10.GI DOPT O.M.No.36035/3/2004-Estt.(Res.) dt. 29-12-2005; Swamysnews, March 2006, 18-33
1.GI MPPG&P (DP&T) OM No. 14024/2/93-Estt(D) dt. 6-2-1995; CSIR Endt. No. 33/95/SC/ ST-Cell dt. 6-3-1995
2.GI MPPG&P DP&T OM No. 15012/5/92-Estt(D) dt. 27-7-1995
3.GI MPPG&P DP&T OM No. 36035/02/ 98-Estt.(Res.); CSIR Endt. No. 33/ 95/SC/ST Cell dt. 22-6-98
4.GI MPPG&P DPT OM No. 21017/1/ 97-Estt.(Allowances) dt.12-6-1998; CSIR Endt. No. 17 (68) /97-PPS dt. 14-7-1998
5.Swamy’s Complete Manual on “Establishment and Administration for Central Government Offices (1999), Swamy Publishers (P) Ltd., Chennai
6.GI DP&T OM No. 36035/16/98-Estt. (Res.) dt.13-7-1999; Swamysnews, Sept., 1999, 49-50
7.GoI MPPG&P DP&T OM No. A-B 14017/16/2002-Estt.(RR) dt. 13-3-2002; CSIR Endt. No.3-33(1)/2002-E.I dt. 22-4-2002
8.GoI M.F. O.M. No. 21(1)/97-E.II(B) dt. 3-5-2002; Swamysnews, July, 2002, 19-20
9.GI DOPT O.M.No.22011/2/2002-Estt.(D) dt.6-1-2006;Swamysnews, March 2006, 10-13
10.GI DOPT O.M.No.36035/3/2004-Estt.(Res.) dt. 29-12-2005; Swamysnews, March 2006, 18-33
.o.
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