Absolutely! Therefore in promotions where a person is recruited, reservation should be aplied for the persons with disability. As far as i am informed, it is given to SC and ST. I have sent a note in this regard to the concerned ministry through Sambhavana: the organisation which we are running. I fully believe, it will meet it's desired end very soon. Regards. Nikhil
On Tue, 05 Sep 2006 Dr Rakesh Jain wrote : >Dear Sir, it has been a very controversial issue. Don't you think that >promotion is also a method of recruitment? There may be two sort of >promotions, 1. time-bound and 2. promotion to fill vacancies that have >fallen vacant in higher grade. In the second case, reservation may be >claimed as it is a process of recruitment. And, so far as time-bound >promotion is concerned, there is no point for discussion. >Regards: > >Dr. Rakesh Jain >Mobile (Reliance): 09336787900 >Mobile (BSNL): 09415787900 >Residence: 05224001112 and 05222732345 >Skype ID: dr.rjain > >----- 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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