Hi rajiv, I am not too sure about that. Although I don't have specific info on this, cases have been brought before the courts and it has been ruled that reservation should be given once. But the governments have not been following this policy and same benefit is being given for promotion as well. Please correct me if I am wrong.
-----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of disability rights initiative Sent: Monday, September 04, 2006 10:31 AM To: Nikhil Jain; accessindia@accessindia.org.in Subject: Re: [AI] The only disability in life is a bad attitude as i understand, the benefit of reservation is only given once. so if reservation benefit is availed at the time of recruitment then no benefit is given in reservation in promotion. however if recruitment is got without the benefit of reservation then at the time of promotion reservation will be provided. in effect the benefit of reservation is given only once. rajive ----- Original Message ----- From: "Nikhil Jain" <[EMAIL PROTECTED]> To: <accessindia@accessindia.org.in> Sent: Sunday, September 03, 2006 3:33 PM Subject: Re: [AI] The only disability in life is a bad attitude Thanks for your concern. Let me inform you that Disability act is silent as far as the reservation is concerned in promotion is concerned. I have recently written a note to the Ministery of social justice and empowerment in this regard. This was done to provide them the feed back for the suggestions they were seeking. Now let me come to the issue of Mr. Dadu's issue. His issue is very basic. This is an issue which is core to each teacher. Each teacher is entitled for promotion irrespective of one's disability. So please don't club these 2 important issues. Thanks and regards. Nikhil Jain On Sun, 03 Sep 2006 [EMAIL PROTECTED] wrote : >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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