Hi Dadu, You are allways welcome if you need any personal help from me. My Mobile No.09818021880. Regards. Nikhil Jain
On Sun, 03 Sep 2006 Dattu Agarwal Agarwal wrote : >hi nikhil, > I am doing every thing possible. > i will consider your suggestion also. > regards. > dattu agarwal. > >Nikhil Jain <[EMAIL PROTECTED]> wrote: > Hi, >Promotion is a regular activity. Disability does not come in between it. Just >write an aplication to the Chief Commissioner Disability, stating your >problem; you will surely get your issue solved. Send a copy to UGC and HRD >ministery. I just would like to ensure you that promotion is your basic right >and no one can take it away from you. >Regards. >Nikhil Jain > > >On Sat, 02 Sep 2006 Dattu Agarwal Agarwal wrote : > >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. Murali > > > > > > > >More Stories on : > > > >Taxation | > > > >Detaxfication | > > > >Courts/Legal Issues | > > > >Health > > > > > > > >Article > > > >E-Mail :: > > > >Comment :: > > > >Syndication :: > > > >Printer Friendly Page > > > > > > > >new frame > > > >pagead/close10x10 > > > > > > > >Stories in this Section > > > >Disadvantage SEZs > > > >Assessing reassessments > > > >The only disability in life is a bad attitude > > > >The sanctity of a trust > > > >Money-laundering zones in the making? > > > >Australia-India Trade - Gold that's put to use more gold begets > > > >Steering right the back-seat drivers > > > >War tactics for the markets > > > > > > > >new frame > > > > > > > >Ads by Google > > > >Export Credit Insurance > > > > > > > >Protect your accounts receivable! 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