FILE No.17-08/2017-GDS
Government of India
Minrstry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi-110001,
Dated: 13.02.2019

OFFICE MEMORANDUM

Subject:- Constitution of a Committee in the Department of Posts to identify GDS posts suitable for benchmark feasibility prescribed in Rights of Persons with Disabilities Act, 2016.

This is in connection with Department of Empowerment of Persons with
Disabilities (Divyangjan) (DEPwDs) O.M. No. No.34-16/2018-DD.III dared 12-
12-2018 regarding constitution of a Committee in a1l the Ministries / Departments to identify the posts suitable for benchmark disabilities in pursuance of the provisions made in the Rights of Persons with Disabilities Act, 2016 (RPwDs Act, 2016). It has, therefore, been decided to constitute the Committee in Department of Posts for GDS Posts is as under:-

(i) Shri Satya Narayana Dash, Director (SPN) – Chairman

(ii) Shri.R.Rahul Joseph, Director (Estt) – Member

(iii) Shri D.K.Panda, Under Secretary (DD.III)
(Contact Numbers: 9968275870, 24369059),
Representative of Department of Empowerment for Persons with Disabilities – Member

(iv) Shri Pawan Kumar, SSP Delhi – Member
(Contact Numbers: 9555090425, 24671592)

(v) Shri.S.B.Vyavahare, ADG(GDS/PCC) – Convener

sd/-
(S.B.Viavihare)
Asstt. Director General(GDS/PCC)

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Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt.-110010

AN/ III/ 3012/ Circular/ Vol.VII

dt. 18.06.2018

To
All PCsDA/ PCA(Fys) / PIFAs/ CsDA/ CsDA/ CsFA/ IFAs
(through CGDA website)

Sub: Rights of Persons with Disabilities Act, 2016 (PRwD Act, 2016)- regarding.

Please find enclosed a copy of D.O No. 16-3/CCD/ 2018 dt. 10th May 2018 of the Chief Commissioner for Persons with Disabilities (Divyangjan), Ministry of Social Justice and Empowerment on the subject.

It is requested to intimate the action taken on the section/ provisions of the PRwD Act, 2016 as highlighted in the ibid DO letter and appoint Grievance Redressal Officer.

(Praveen Kumar Rai)
Sr. Dy. CGDA(AN)

Dr. Kamlesh Kumar Pandey
Chief Commissioner
Office of the Chief Commissioner for Persons
with Disabilities (Divyanjan)

Department of Empowerment of Persons
with Disabilities (Divyanjan)
Ministry of Social Justice and Empowerment
Govt. of India

No. 16-3/CCD/2018

10th May, 2018

Dear Shri Mitra,
As you are aware that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 has now been repealed by the Rights of Person with Disabilities Act, 2016 (RPwD Act, 2016). The following Sections in the new RPwD Act, 2016 mandates the establishments to take necessary action at their end.

(a) Equal Opportunity Policy:

Section 21. (1) Every establishment shall notify equal opportunity policy detailing measures proposed to be taken by it in pursuance of the provisions of this Chapter the manner as may be prescribed by the Central Government.

(2) Every establishment shall register a copy of the said policy with the Chief Commissioner or the State Commissioner, as the case may be.

(b) Appointment of Grievance Redressal Officer:

Section 23. (1) Every Government establishment shall appoint a Grievance Redressal Officer for the purpose of section 19 and shall inform the Chief Commissioner or the State Commissioner, as the case may be, about the appointment of such officer.

(2) Any person aggrieved with the non-compliance of the provisions of section 20 may file a complaint with the Grievance Redressal Officer, who shall investigate it and shall take up the matter with the establishment for corrective action.

(3) The Grievance Redressal Officer shall maintain a register of complaints in the manner as may be prescribed by the Central Government and every complaint shall be inquired within two weeks of its registration.

(4) If the aggrieved person is not satisfied with the action taken on his or her complaint, he or she may approach the District-Level Committee on disability.

2. Procedure for implementation of the above provisions is mentioned in detail in Rule 9 & 10 under Chaper- IV (Employment) of the Rights of persons with Disabilities, 2017 (copy of Rights of Persons with Disabilities Act, 2016 and Rights or Person with Disabilities Rules, 2017 is available on this office website: www.ccdisabilities.nic.in).

3. You are requested to kindly intimate the action taken by your Ministry/Department and offices under your administrative control on above Sections/provisions in the Right of Persons with Disabilities Act, 2016 to this office at the earliest. It is also requested that information in respect of the organizations under your administrative control be sent co this office in compiled form.

With regards,
Yours sincerely,
(Dr Kamlesh Kumar Pandey)

Shri Sanjay Mitra
Secretary
Department of Defence
Ministry of Defence
South Block, New Delhi-110011

Source: CGDA

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Section 34 of the ” The Rights of Persons with Disabilities Act, 2016″ mandates every appropriate Government to appoint in every Government establishment, not less than four per cent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent for persons with benchmark disabilities under clauses (d) and (e), namely:-

(a) blindness and low vision;

(b) deaf and hard of hearing;

(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;

(d) autism, intellectual disability, specific learning disability and mental illness;

(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disabilities.

Section 34 of the Act also provides that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time.

Promotions to the higher grades are made as per provisions of the relevant Recruitment Rules. In some of the Recruitment Rules, provisions exist for promotion either on the basis of seniority in service or through Limited Departmental Competitive Examinations. The candidates, who do not qualify the Limited Departmental Competitive Examination are promoted on the basis of their inter-se-seniority in the feeder grade.

However, in cases where the departmental promotion test is the only mode of promotion, proposal to give promotion on the basis of the seniority or merit in service alone is not under consideration.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State for Prime Minister’s Office, Dr Jitendra Singh in a written reply to question by Shri Chandu Lal Sahu in the Lok Sabha today.

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No.36035/02/2017-Estt (Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 20th June, 2017

OFFICE MEMORANDUM

Sub: Reservation for Persons with Benchmark Disabilities – Suggestions; if any, from all concerned including general public.

The undersigned is directed to enclose a copy of draft instructions bringing them in line with THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 with regard to reservation for Persons with Benchmark Disabilities in the posts/services Under the Central Government.

2. The issue of reservation in promotion for persons with Disabilities is sub-judice in various cases in the Hon’ble Supreme Court including Civil Appeal No.1567/2017 titled Siddaraju Vs State of Karnataka & Ors and Review Petition (C) No.36/2017 tagged with it.

3.It is requested that the draft instructions may be examined and suggestions, if any, may be sent to this Department within 15 days of the issue of this Office Memorandum through e-mail only at q.sreenivasannic.in and debabrata.d13nic.in

sd/-
(Raju Sarawat)
Under Secretary to the Govt.of India

Authority: http://document.ccis.nic.in/

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