Should reservations in employment also extend to promotions?
Reservations to Physically Challenged Persons should be granted also in promotions:-
The main reason why ST/SC are granted reservation is to uplift them, the same principle should be employed to Physically Challenged Persons.
The P.H. persons need to be uplifted as they suffer mental agony and ridiculed daily due their disability.
Also they have to bear a lot of medical expenses; hence financial help they get from stepping up the ladder will help them, hence upliftment required.
Without reservation the chances of a Physically Challenged Person getting further promotion is dim as there exist a strong lobby/ nexus of persons who do not go by the principle of merit, Please see example/ justification cited.
A Physically Challenged Person is not willing or will rarely fight for his right, he is either too scared and he is in minority, further also many a times the O.M’s or GR’s issued by the Govt do not reach the persons. Approaching the courts is a lengthy process and too expensive, hence upliftment required.
The Physically Challenged Persons suffer from multiple disabilities as their age, their medical expenses are high a rise in salary due to promotions will help them, hence upliftment required.
The promotions in Govt are either by selection or seniority. However, it is noticed that in some of Ministries like CBEC there are also physical standards, here chances of Physically Challenged Persons qualifying is very dim if not next to impossible, hence upliftment required.
Circulars / GR’s were issued by DOPT granting reservation to Physically Challenged Persons in Group A, B, C & D also various judgments have emphasized the reservation aspect. Now stating that reservation be granted only at entry level will go against the Physically Challenged Persons and the various judgments passed by the Courts, hence upliftment required.
Case of Mr Jadhav a Kabaddi player was rejected to the post of Prev Officer as he was handicapped with three fingers amputated.
Shri Balseram P.H with polio of leg though passed the physical standard test of CBEC was not given reservation inspite of being the only PH candidate.
Shri A.C. Rodrigues though the High Court and CAT had given judgment in his favour asking the department to consider him for promotion, however the department slept on the matter thereby denying him his due promotion.
Should identification of posts in employment suitable for Physically Challenged Persons?
At present very few posts have been identified for Physically Challenged Persons, it is suggested that the process of identification of post should be cancelled. The reason being, that the right to choose the post should be with the candidate. If he/ she feels that he is comfortable and confident with the job after a brief tenure of probation with the approval of his seniors / liaison officer.
The above statement is justified by an example:- The post of P.O /E.O Customs, Inspector Central Excise had been identified by the Expert Committee as suitable for one leg handicapped person, with physical criteria of sitting, standing, bending, manipulating with fingers and seeing, the same was challenged by Shri Mahadeswar and Shri P.E. Rodrigues of Mumbai Customs, (both handicapped by one arm.), as the above said can be performed easily by persons with one arm handicapped. After much persuation CBEC, Expert Committee and the Ministry of Social Justice amended the same.
EXPRESSED OPINIONS FROM DISCRIMINATED DISABLED PERSONS:
that even prior to the enactment of the Persons with Disability Act, 1995 there existed Reservation in promotions for Persons with Disabilities in Group `C" & `D'. Subsequent to enactment of the PWD Act, 1995. the said not less than 3% Reservation got extended to Direct Recruitment to Gr.`A' & `B' and for promotions in the said Group i.e. `A' & `B' respectively. In short, consequent upon enactment of the PWD Act, 1995, the not less than 3% Reservation exists in all Groups ie. `A', `B', `C' and `D' respectively.
This issue is very important from the point of the employed Disabled Persons in various Organisations. However, unfortunately this benefit meant for the Disabled Section is not been utilised in the correct manner with the result that many vacancies meant for the Disabled Persons based on the Reservation have been filled up by the General Category and the Disabled Fraternity had to take matter to the Judiciary. While some have got justice, others are waiting for justice. This is a very sad state of affairs and the Disabled Section is suffering from pain and agony, despite fulfilling all the norms.
would therefore, request all members involved in framing the new Act meant for the Disabled Persons and in whatsoever capacity they are involved in doing so that it is very much essential that the Reservation in Promotion to all posts and in all Groups continues. The Disabled Persons employed in different Organisations in our Country are also human beings and there cannot and should not be any discrimination. Hence, my view conveyed through this mail to all is to convey to the Government of India that the Reservation for the Disabled Persons which exists for all Groups (both in Recruitment and in promotions) should continue in totality.
ATTACHED DOCUMENT OF CIRCULAR RELEASED BY DOPT NOT IN CLEAR ABOUT WHETHER IT INSISTS RESERVATIONS IN PROMOTIONS ALSO. BUT PUNJAB HIGH COURT HELD THAT THIS CIRCULAR INSISTS PROMOTION RESERVATIONS. HENCE MEMBERS SHOULD MAKE DIALOGUE ABOUT THIS FOR DEVELOPMENTAL MOVEMENT.