Sir, I wish to inform you that promotion within clerical cadre [from group D to group C and within group C only] is filled through reservation quota in all Govt. offices Banks and Insurance sectors. For other higher posts as in group A and B reservation is available in recruitment levels on the identified posts and NOT in promotion. This discrimination is brought to the notice of Chief Commissioner by me and till date I have no response from him. This is for your kind information.
With regards, R. Muralidhar ----- Original Message ----- From: "Dattu Agarwal Agarwal" <[EMAIL PROTECTED]> To: <accessindia@accessindia.org.in> Sent: Sunday, September 03, 2006 10:21 AM Subject: Re: [AI] The only disability in life is a bad attitude : dear Aruni Arsh, : my problem is exactly the same as you thought. : I am due for promotion as principal. : I have passed all the dept exams wich are necessary for promotion, : and fully qualified for the post. : our state comissioner for disability has also written to the education dept. : so far there is no reply from the concerned authorities. : now i am thinking to approach to the court for the redressal of my grievences. : regards. : Dattu Agarwal. : : : Aruni Arsh <[EMAIL PROTECTED]> wrote: As far as the practice in our state is concerned, the promotions are : automatic without regard to any other consideration than the academic : achievements. Of course haven't heard about anyone getting an administrative : post like that of a principal. Could you please explain in detail the sort : of discrimination you are facing in your job? Do you mean that you are not : being promoted to an administrative post? As is the practice in government : colleges, teachers are promoted to the post of principal according to their : seniority. : : -----Original Message----- : From: [EMAIL PROTECTED] : [mailto:[EMAIL PROTECTED] On Behalf Of Dattu Agarwal : Agarwal : Sent: Saturday, September 02, 2006 9:40 PM : To: accessindia@accessindia.org.in : Subject: Re: [AI] The only disability in life is a bad attitude : : dear list, : denial of promotion on the grounds of disability is really unjust and : unconstitutional. : I am also facing the same problem. : I have put up twenty years of service as a lecturer in a Government : P.U.College my siniority has been over looked merely because i am a visually : impaired : The other lecturers who are junior to me have been promoted. : there is no response from the government to my representations. : if this is the fait, it is very difficult for the visually challenged to : come up in their carier. : it seems the respective governments have not taken congnisense of the : persons with disability act. : regards : dattu agarwal. : : Aruni Arsh wrote: : : : The only disability in life is a bad attitude : : The hindu business line opinion : : "No promotion shall be denied to a person merely on the ground of his : disability... " : : : : Disability is a matter of perception, says Martina Navratilova. "If you can : do just one thing well, you're needed by someone." Tragically, however, the : : disabled often face inequity. : : : : One such instance comes to light through a recent verdict of the Madras High : Court in J. John Wincent vs The Commissioner of Central Excise, The Chief : Commissioner : : of Excise (Cadre Controlling Authority), The Chairman, Central Board of : Excise and Customs and The Registrar, Central Administrative Tribunal. : : : : John had joined the services of the Department as a Lower Division Clerk in : May 1990. "Thereafter, he was promoted as Upper Division Clerk in the year : 1995. : : : : Consequent to the re-designation of the post in the year 2002, he is holding : the post of Tax Assistant," reads the text of the judgment dated April 27. : : : : John, by virtue of his experience, made a representation to the Department : to consider him for promotion to the post of Inspector of Central Excise and : : Customs. "However, the respondents did not consider the representation of : the petitioner and he was informed that, being a physically challenged : person, : : he would not be able to do the arduous job of Inspector of Central Excise : and Customs." How unfortunate! : : : : There were more people like John who had been refused promotion on account : of disability. They had approached the Central Administrative Tribunal, : which : : issued directions to the Department to consider the applications of the : physically challenged persons for the post of Inspector of Central Excise : and Customs. : : : : What happened thereafter? The Department called upon John `to undergo : endurance test of cycling and walking.' And `he was found to have performed : the same : : successfully.' Yet, in 2004, John was rejected on the ground that he did not : have `the prescribed height'. : : : : He approached the Tribunal for remedy. Disappointingly, it held that there : was no scope for relaxing the standards prescribed in the Recruitment Rules, : : and rejected John's application. Aggrieved, he took his case before the High : Court. : : : : Speaking for John, his counsel V. Raghavachari said that the Tribunal had : erred in rejecting the claim of the petitioner to the benefits conferred : under : : Section 47(2) of the Persons with Disabilities (Equal Opportunities, : Protection of Rights and Full Participation) Act, 1995 in the matter of : promotion. : : Also, at the time of joining the service John's height was 160 cm, as : substantiated by the physical fitness certificate. For the Department, it : was R. : : Santhanam who argued, and he reiterated the contentions earlier urged before : the Tribunal. : : : : Equality for disabled : : : : "The short but core point for consideration in this writ petition is: : whether the petitioner is entitled to promotion to the post of Inspector of : Central : : Excise and Customs in spite of the disability suffered by him during the : course of his employment?" observed Justices P. D. Dinakaran and R. Sudhakar : of : : the Madras High Court, who heard the case. : : : : "All countries today need to apply affirmative action to ensure that the : women and the disabled are equal to all of us," said the court, citing : Nelson Mandela. : : Though the Constitution of India does not specifically prescribe : discrimination on the ground of `disability', it does contain : non-discriminatory provisions : : that guarantee equality and equal opportunities for all citizens as in : Articles 14 and 16, pointed out the court. : : : : "The Persons with Disabilities (Equal Opportunities, Protection of Rights : and Full Participation) Act, 1995 treats disability as a civil right rather : than : : a health and welfare issue, and recognises the need to integrate persons : with disabilities with the mainstream of society by some normative action." : : : : Section 47 of this Act, which Raghavachari referred to is titled : `Non-discrimination in Government employments'. Sub-section 1 says, "No : establishment shall : : dispense with, or reduce in rank, an employee who acquires a disability : during his service: Provided that, if an employee, after acquiring : disability is : : not suitable for the post he was holding, he could be shifted to some other : post with the same pay scale and service benefits. : : : : Provided further that if it is not possible to adjust the employee against : any post, he may be kept on a supernumerary post until a suitable post is : available : : or he attains the age of superannuation, whichever is earlier." : : : : Sub-section 2, which is more relevant to the case on hand, says: "No : promotion shall be denied to a person merely on the ground of his : disability: Provided : : that the appropriate Government may, having regard to the type of work : carried on in any establishment, by notification and subject to such : conditions, : : if any, as may be specified in such notification, exempt any establishment : from the provisions of this section." : : : : Instructive precedents : : : : The highly educative verdict refers to precedents such as Shri Suhas Vasant : Karnik vs Union of India and Other, in which the Bombay High Court examined : : whether a person suffering from blindness could be declared ineligible for : seeking promotion. : : : : It had held that the Government had a "Constitutional obligation to : encourage participation of the visually handicapped persons in activities of : the bank : : on par with other members of the staff and consider the cases of visually : handicapped for promotion fairly and equitably." : : : : Section 47(2) had come under test in Union of India vs Sanjay Kumar Jain : (2003), before the Delhi High Court. In this case, "a person who was blind : due : : to Retinitis pigmentosa was denied permission to appear for viva-voce test : for promotion to a Group B post by the management of Western Railway." : : : : The verdict `quashed the order of denial of permission to appear in : viva-voce test', because `provision of Section 47(2) is mandatory'. : Interestingly, the : : case of Sanjay Kumar Jain went to the apex court. There it was held that in : the absence of any notification exempting the establishment in question, the : : blind employee could not be denied promotion. : : : : Resuming John's case, a letter dated January 27, 2004, from the Department : of Revenue, Government of India to the Commissioner of Central Excise, : Coimbatore, : : was of support to the petitioner. The letter spoke of the Central Board of : Excise and Customs representing before the Ministry of Social Justice and : Empowerment : : that `posts of PO/EO and Inspector, Central Excise and Customs... have : arduous field duties, which cannot be expected to be performed by the : handicapped : : persons'. : : : : The matter is still under consideration of that Ministry, said the letter. : Thankfully, though, the Board had decided `to permit physically handicapped : persons : : to undertake the physical endurance test and promote them as per Reservation : quota if they qualified the test till an exemption is received from the : Ministry : : of Social Justice and Empowerment.' : : : : The court, therefore, ruled: "In our considered opinion, as the petitioner : has performed the endurance test successfully, his case can be considered : for : : promotion to the post of Inspector of Central Excise and Customs, on par : with others, who suffered physical disabilities and were promoted subsequent : to : : the directions of the Tribunal." : : : : One hopes the Department isn't planning to appeal against this judgment. : For, as Scott Hamilton says, "The only disability in life is a bad : attitude." And : : the Bard, weary of the world's inequities, would sing: "Tired with all : these... right perfection wrongfully disgraced, and strength by limping sway : disabled, : : and art made tongue-tied by authority..." : : : : Tailpiece : : : : "I want to hire an expert in the field of M&A taxation." : : : : "On the buyer's side, or the seller's?" : : : : http://Detaxification.blogspot.com : : : : D. 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