Hi Rajiv I remember the supreme court decreed that reservation is only available at the entry point not later on.
Harish. ----- Original Message ----- From: "disability rights initiative" <[EMAIL PROTECTED]> To: "Nikhil Jain" <[EMAIL PROTECTED]>; <accessindia@accessindia.org.in> Sent: Monday, September 04, 2006 10:30 AM 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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