OFFICE MEMORANDUM

Sub: Computation of reservation — Implementation of the judgment of Hon’ble Supreme court in the matter of Union of India & Anr. Vs. National Federation of Blind & Ors.

The undersigned is directed to refer to this Department’s OM. of even no. dated 20.03.2014 regarding judgment of the Hon’ble Supreme Court pronounced on 08.10.2013 in the matter of Civil Appeal No.9096 of 2013 (arising out of SLP(civil) No.7541 of 2009 titled Union of India & Anr. Vs. National Federation of Blind & Ors. and this Department’s O.M. of even no. dated 03.12.2013.

2. The Ministries/Departments/Organisations of the Government of India were requested to furnish data on vacancies available and posts identified for persons with disabilities in all the cadres under their control, including attached offices, subordinate offices, public sector undertakings/Government companies, cantonment board and the services under their administrative control so that consolidated Status Report could be filed before the Hon’ble High Court of Delhi before the next date of hearing on 28.04.2014.

3. The Ministries/Departments who have already furnished requisite information may furnish data in regard to the Services, if any, which are being administered by them.

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36012_24_2009-Estt-Res.pdf]

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2. An inter-ministerial committee was formed to finalise guidelines for providing certain facilities in respect of persons with disabilities, who are already employed in efficient discharge of their duties. Based on the discussions held with the stake holders and suggestion received from the stakeholders, the following guidelines are issued to provide certain facilities/amenities to the persons with disabilities:.

A. Identification of jobs
Each Ministry/Department of the Government of India, their attached and subordinate offices, Central Public Sector Enterprises, Cantonment Boards etc. should identify the types of jobs which could be easily performed by them specially for Group B, C and D posts where the number of lobs are more. Such persons should preferably be posted to perform such Identified jobs and they be allowed to continue performing such jobs, as far as possible. If the concerned PWD officer could perform all the jobs as people without disability or could perform several types of jobs efficiently, no effort should be made to instruct them to certain types of jobs only.

B. Post reruitment and pre-promotion training
Induction training is an essential component of the service requirement of an employee. Induction training programme for the persons with disabilities should be imparted together with the other employees.

Job specific post-recruitment as well as pre-prornotion training programmes are required to be organised for the persons with disabilities. Outlining a specific module/norm for training programme for the persons with disabilities common to all the Ministries/Departments and their attached (subordinate offices, Central Public Sector Enterprises, Cantonment Board, etc. may not be possible as the training requirement may be different on the basis of the work pattern. All the Ministries / Departments should take definite action to conduct job specific inclusive training programmes for the persons with disabilities with other employees.

Duration and training contents may be finalized in consultation with the National Institutes under the Department of Disability Affairs, Ministry of Social Justice & Empowerment and, if felt necessary, prominent Associations/Federations/Confederations workings in the sphere of disability can be consulted. It should also be ensured that training programmes are conducted at the time of change in job, introduction of new technology, after promotion of the employee, etc. The venue of the training may be fixed as considered suitable for conducting such training. The Ministries/Departments and their offices shall utilize existing Budget provisions for undertaking the aspects of training programme.

The employee with disability shall be placed with an experienced employee for at least one month on resuming responsibility of a post. This would help him to pick up skills required to perform the job and also the adaptations that may be required in individual cases.

C. Providing aids / assistive devices
The persons with disabilities could perform their duties efficiently It they are provided with aids and appliances which are suitable to their needs. Ministries/Departments and their attached and subordinate offices, Central Public Sector Enterprises, Cantonment Board, etc. should assist the persons with disabilities by providing them high tech/latest technology led assistive devices (including low vision aids, hearing aids with battery), special furniture, wheel chairs (motorised if required by the employee), software scanners, computer and other hardware, etc. in accordance with their requirement, which would improve their efficiency.

They should either provide or shall reimburse the cost of such devices with a specific time period for such devices to persons with disabilities in accordance with the price/durability of the special devices, special furniture, software, scanners, computer and other hardware, etc. as fixed by them, in consultation with various National Institutes working in the sphere of disability. A review exercise shall be carried out by the Departments/Ministries every three years to check the
availability or need for introduction of enhanced/upgraded versions of such devices/software etc. They shall utilise their existing budget provisions for providing these facilities.

D. Accessibility and barrier free environment at work place
In addition to the guidelines for modification in all public buildings including Government offices to provide easy accessibility and barrier free environment for PWDs as per the provisions of the PWD Act, all Government offices should take special steps to provide barrier free and accessible work stations to PWD employees, access from main building entrance to their work stations and access to common utility areas such as Toilets, canteens etc. Lifts/elevators should be made accessible by providing Braille signage and audio outputs. Wherever required, suitable colour contrast may also be made available in buildings, utilities, staircases, etc. for the benefit of low vision employees.

E. Preference in Govt. accommodation
The Directorate of Estates may give preference to the persons with disabilities for providing them accessible accommodation near their place of posting and they may be preferred for allotment of ground floor accommodation. Possibility of existing housingaccommodations being renovated to make them conveniently accessible to persons with disabilities, be explored by the Directorate of Estates.

F. Grievance redresal
Some of the employees including persons with disability may be got trained by the empanelled Master Trainers/Offices of various National Institutes working in the sphere of disability to develop their skills in handling grievances relating to PWDs, the Liaison Officer appointed to look after reservation matters for SCs, STs may also act as the Liaison Officer for reservation matters relating to persons with disabilities.The Laison Officer would also look after the issues relating to providing of amenities for the persons with disabilities. In addition, every Ministry/Department, their attached and subordinate offices, Central Public Sector Enterprises, Cantonment Board, etc., would preferably constitute a Grievance Redressai Mechanism headed by the Head of Administration and comprising at least two employees including a PWD having knowledge in disability matters. The Committee so constituted would receive and try to redress the grievances of persons with disabilities within a reasonable time frame.

G. Special Casual Leave
Vide this Department’s OM No. 25011/1/2008.EStt.(A) dated 19.11.2008, a provision of Special Casual Leave for 4 days in a calendar year has been made for the employees of Central Government with disabilities for spedfic requirements relating to disabilities of the official. Further, vide this Department’s OM No. 28016/02/2007-Estt(A) dated 14.11.2007, there is also a provision of 10 days Special Casual Leave in a calendar year subject to exigencies of work for the differently abled Central Government employees with disabilities for participating in Conference/Seminars/Trainings/Workshop related to disability and development to be specified by Ministry of Social Justice & Empowerment.

H. Preference in transfer/posting
As far as possible, the persons with disabilities may be exempted from the rotational transfer policy/transfer and be allowed to continue in the same Job, where they would have achieved the desired performance. Further, preference in place of posting at the time of transfer/promotion may be given to the persons with disability subject to the administrative constraints. The practice of considering choice of place of posting in case of persons with disabilities may be continued. To the extent feasible, they may be retained in the same job, where their services could be optimally utilised.

3. Every Ministry/Department in consultation with the Office of the Chief Commissioner for Persons with Disabilities would arrange for training of the Liaison Officer on “Disability Equality and Etiquettes”.

4. All the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authorities under their control, for information and compliance. The Department of Public Enterprises may ensure to give effect the above guidelines in the all the Central Public Sector Enterprises.

Source: 90paisa.blogspot.in

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The below information was given by the Minister of Minority Affairs Shri.K.Rahaman Khan in a written reply to a question in Lok Sabha on 22nd November, 2012.

The Hon’ble High Court of Andhra Pradesh in its judgement dated 28-05-2012 set aside the carving out of a sub-quota of 4.5% reservation to minorities out of the 27% reservation for Other Backward Classes (OBCs).

A Special Leave Petition was filed against the above judgement and the Hon’ble Supreme Court of India in its judgement declined to grant stay of the High Court judgement and application for impleadment was allowed.

Further, Hon’ble Supreme Court observed that since similar issues were pending consideration before the Constitution Bench, the matters concerning the 4.5% reservation for minorities be tagged along with those matters. The matter is presently sub-judice.

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