No. 36035/8/2003-Estt(Res)
Government of India
Ministry of Personnel, P.G & Pensions
Department of Personnel & Training
*****
New Delhi
Dated the 26th April, 2006
OFFICE MEMORANDUM
The undersigned is directed to say that the Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995 which came
into existence on 1.1.1996 provides for reservation for persons with disability in
the posts identified for three categories of disabilities namely (i) blindness or low
vision, (ii) hearing impairment and (iii) locomotor disability or cerebral palsy.
Instructions have also been issued by this Department for providing reservation for
such persons. In spite of the Act and the instructions of this Department,
vacancies were not earmarked reserved or were not filled by reservation in some
establishments.
2. The matter has been considered carefully and it has been decided that
reservation for persons with disabilities should be implemented in right earnest
and there should be no deviation from the scheme of reservation, particularly after
the Act came into effect. In order to achieve this objective, all the establishments
should prepare the reservation roster registers as provided in this Department's
O.M. No. dated 36035/312004-Estt(Res) dated 29.12.2005 starting from the year
1996 and reservation for persons with disabilities be earmarked as per instructions
contained in that OM. If some or all the vacancies so earmarked had not been
filled by reservation and were filled by able bodied persons either for the reason
that points of reservation had not been earmarked properly at the appropriate time
or persons with disabilities did not become available, such unutilized reservation
may be treated as having been carried forward to the first recruitment year
occuring after issue of this O.M. and be filled as such. If it is not possible to fill
up such reserved vacancies during the said recruitment year, reservation would be
carried forward for further two years, whereafter it may be treated as lapsed.
3. It has been observed that some recruiting agencies declare in their
advertisements that blind / partially blind candidates need not apply and that
separate examinations would be conducted for visually handicapped candidates.
Attention is invited to para 7 of this Department's O.M. No. 36035/3/2004-
Estt(Res) dated 29.12.2005 which provides that persons with disabilities selected
on their own merit will not be adjusted against the reserved share of vacancies. It
means that persons with disabilities who are selected on their own merit have to be
adjusted against the unreserved vacancies and reservation has to be given in
addition. If visually handicapped candidates or any other category of handicapped
candidates are debarred from applying on the ground that a separate examination
would be conducted for them, chances of handicapped candidates being selected
on their own merit would be eliminated. Thus debarring of any category of
handicapped candidates in the above manner is against the provisions contained in
the aforesaid O.M. It is, therefore, requested that persons with disabilities should
not be debarred from applying for the posts identified suitable for them and should
be provided opportunity to compete for the unreserved vacancies as well by
holding a common examination.
Contents of this O.M. may be brought to the notice of all ~
(i.a.<ve!:::J
Deputy Secretary to the Govt. of India
1. Ministries / Departments of Govemment of India (As per list)
2. Department of Economic Affairs (Banking Division), New Delhi
3. Department of Economic Affairs (Insurances Division), New Delhi
4. Department of Public Enterprises, New Delhi,
5. Railway Board,
6. Union Public Service Commission / Supreme Court of India / Election
Commission / Lok Sabha Secretariat / Rajya Sabha Secretariat / Cabinet
Secretariat / Central Vigilance Commission / President's Secretariat / Prime
Minister's Office / Planning Commission
7. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah
Zafar Marg, New Delhi.
8. Office of Chief Commissioner for Persons with Disabilities, Sarojini
House, 6, Bhagwan Das Road, New Delhi - 110 001
9. Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.
-----------@@@@@@----------
/
- ;/
1frof ~(Cf)~''''
GOVERNMENT OF INDIA
'fllf#'f), ~ ~1'f)14('j~ ~ ¥1'3CH14
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
Cfll ft{'Cfl ~ ~ ~"Wt
DEPARTMENT OF PERSONNEL & TRAINING
~~
NEW DELHI
FAX: 011-3012432 (N.B.)
011-3013142 (E.O.)
011-4624821 (L.N.B.)
011-6107962 (Trg. Div.)
011·4361230 (P.E.S.B.)
Sub: Postillg 01 GOVentllJent employees who have children with heorlng
impairment or multiple.disllbmt, •
••••• *
The undersigned is directed to say that there has been a demand that an employed parent
of a child suffering from hearing impairment or multiple disability may be given posting to their
own preferred linguistic Zone or State where educational facility for their bearing impaired or
mulu,te disabled child exists and that too in the same language exists. This demand has been
made on the ground that the disabled children may have opportunities of learning in one single
language, as these children cannot cope up with learning their subjects in more than one
language, as a result of transfer of their parents from one State to another.
2. The matter bas been examined. Considering that the facilities for medical care and
educ.ationof children with hearing impairment or multiple disability may not be available at all
Stations, such requests from the parents of a child suffering from hearing impairment or multiple .
disability, may as far as possible, be considered sympathetically. Where, however, this may not
be possible, efforts may be made to accommodate such a Government servant in the same State
to the extent possible.
· ;/
3. All the Ministries / Departments, etc.~e~Qested to bring these instructions to the
notice of all the appointing authorities under their ,control. .
~~~
(D.P. Bhardwaj) .
Under Secretary to the Govt. of India
Tel.No. 301 3307
I. All Ministries / Departments of the Government ofIndia.
2. Department of Economic Affairs (Banking Division), New Delhi.
3. Department of Economic Affairs (Insurance Division), New Delhi.
4. Department of Public Enterprises, New Delhi.
5. Railway Board,
6. Union Public Service Commission / Supreme Court of India / Election Commission /
Lok Sabha SeaetBri~t / Rajya Sabha Secretariat / Cabinet Secretariat / Central Vigilance
Commission / President's Secretariat / Prime Mmister's OWiceIPlanning Commission.
7. Staff ~election Commission, CGO Complex, Lodi Road, NewDelhi.
8. Office of the Chief Commissioner for Disabilities, Room No. 120, Institute for the
Physically Handicapped Building, 4. Vishnu Digamber Marg, New Delhi.
--------------@@@@@@@@@@@@-------------
F.No.3603 5/3/2009-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block
New Delhi, dated loth June, 2009
Benefit of reservation to persons with disability who acqUIre
disability after entering into Govt. service.
The undersigned is directed to say that various Ministries/Departments
have been seeking clarification whether a person who acquires disability after
entering into Govt. service shall get the benefit of reservation in services as
provided in this Department's OM No.36035/3/2004-Estt.(Res.) dated
29.12.2005.
2. It is hereby clarified that the OM dated 29.12.2005 does not make any
distinction between persons acquiring disability before or after entering into
service. An employee who acquires disability after entering into service will be
entitled to get the benefit of reservation as a person with disability as provided
in the instructions contained in the above referred OM from the date he
produces a valid certificate of disability.
3. All Ministries/Departments etc. are requested to bring it to the notice of
all establishments under their control.
(Krishan Gopal erma)
Director
2. 1. 0 q ., '58
1. All Ministries/Departments of the Govt. of India.
2. Department of Economic Affairs (Banking Division), New Delhi.
3. Department of Economic Affairs (Insurance Division), New Delhi.
4. Department of Public Enterprises, New Delhi
5. Railway Board.
6. Union Public Service Commission/Supreme Court of IndiaJElection
Commission/Lok Sabha SecretariatlRajya Sabha Secretariat/Cabinet
Secretariat/Central Vigilance CommissionlPresident's SecretariatlPrime
Minister's OfficelPlanning Commission.
7. Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.
8. Office of the Chief Commissioner for Disabilities, Sarojini House, 6,
Bhagwan Das Road, New Delhi - 110001.
9. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah
Zafar Marg, New Delhi.
10. All Officers and Sections in the Ministry of Personnel, Public Grievances
and Pensions and all attached/subordinate offices of this Ministry.
11. Information and Facilitation Centre, DoPT, North Block, New Delhi.
12. 100 spare copies for Estt.(Res.) Desk.
--------------@@@@@@@@@@@@---------------------