Dear Vamshi. 1. PWD are eligible for promotion as s47(1) clearly states that they are not to be denied promotion on the ground of disability alone. There have been cases on this and denial of opportunities to sit for departmental exams and compete for exams is not tenable in law. However, practically, if they do not select disabled, very little can be done in law, except asking for marks obtained in exam and interview.
2. reservation in promotion is another matter and section 47 of PWD act is not interpreted to imply such reservation. However, it is being argued in some cases that the word "Appointment" in section 33 of PWD act is wide enough to include appointments by way of promotion and so 3% reservation contemplated under it covers promotion as well. However, I am not optimistic about our judiciary accepting this contention. Now it has ruled that promotion may be denied to PWD on the ground of efficiency, safety and security of co-workers and equipment as it would not be denial of promotion on the ground of disability alone. So, giving statutory backing to reservation in promotion is strongly called for. And yes, Vashishth Jee, I fully agree with your view, in fact it is the summum bonum of my views. However, the present approach of MSJE at least resolves the ambiguity in calculating 3% and does away with calculation on the basis of vacancies only in identified posts... Regards Rajesh Asudani Assistant General Manager, Reserve Bank of India Nagpur 09420397185 O: 0712 2806676 Res: 0712 2591349 Doth God exact day-labour, light denied?" John Milton -----Original Message----- From: accessindia-boun...@accessindia.org.in [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Vamshi. G Sent: Tuesday, November 17, 2009 8:15 PM To: accessindia@accessindia.org.in Subject: Re: [AI] confirmation required supreme court judgment denying And what about denial of promotions? I am working in SBI. Recently I came to know that blind clerical employees are not eligible for promotions in SBI. I have 2 points to argue against this 1. Some of the other banks in India like RBI, OBC, Central bank of India, Bank of Baroda, and even an associate of SBI, SBM are promoting totally blind persons as officers. 2. SBI is appointing totally blind persons as POs. When a blind person is eligible to be appointed directly as officer, what is wrong in promoting a blind clerk? Besides, why is the 3% reservation in recruitments not implemented in promotions? When other reservations like SC, ST, BC are implemented, why not PH reservation? To be honest, I don't think many employees of SBI can go to the court to fight against this. Is there any other way to make blind clerks eligible for promotions? And also reservations in promotions? -- G. Vamshi PH Res : +91 877-2243861 Mobile: +91 9949349497 E-mail ID: gvamsh...@gmail.com Skype: gvamshi81 God helps those who help themselves On 11/17/09, Asudani, Rajesh <rajeshasud...@rbi.org.in> wrote: > This news extract is about another case and does not concern itself with > promotions or reservation therein. > Besides, it is ridiculously incorrect in some aspects. > Please do not spread misconceptions of law, unless it is fully comprehended. > The case in news item is concerned with calculation of three percent and not > with promotion. > The question I think was about another judgment of supreme court which said > promotion to disabled may be denied on the ground of efficiency, safety and > security of co-workers and equipments. > It is an unfortunate judgment, to say the least.... > Regards > > > Rajesh Asudani > > Assistant General Manager, > Reserve Bank of India > Nagpur > 09420397185 > O: 0712 2806676 > Res: 0712 2591349 > Doth God exact day-labour, light denied?" > John Milton > > -----Original Message----- > From: accessindia-boun...@accessindia.org.in > [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Rajender Negi > Sent: Tuesday, November 17, 2009 11:40 AM > To: accessindia@accessindia.org.in > Subject: Re: [AI] confirmation required supreme court judgement denying > > Hello krishnan m. moothimoola. > However SC did so but it is not a final decision please read the following > text: > > SC Stays HC Order on Job Reservation for Disabled > > > > > > New Delhi | Nov 06, 2009 > > PRINT > > > > > > > > SHARE > > > > > > > > COMMENTS > > > > > > > The Supreme Court stayed the Delhi High Court order directing the Centre to > provide three per cent job reservation for persons with disabilities > mandated under a special legislation which includes one per cent for > visually-impaired candidates. > > "We are staying the directions of the High Court. The directions are prima > facie incorrect," a Bench comprising Chief Justice K G Balakrishnan and > Justices P Sathasivam and Deepak Verma said. > > However, the Bench clarified it was not staying the Disabilities Act under > which three per cent jobs should be reserved for disabled persons, including > one per cent for visually-impaired candidates. > > It also said the interim directions passed by it earlier would prevail. > > The apex court had directed the Centre to file a detailed status report > regarding the extent to which the posts had been identified and filled up > and also what steps had been taken to fill up the vacancies that had arisen > since the Act has gone into force in 1996. > > The Bench refused the plea of National Federation of the Blind that the High > Court order be allowed to operate. > > Advocate Pratiti Rungta, himself visually impaired, argued the case for the > Federation and opposed the appeal of the Centre but the Bench declined his > plea saying "it is not possible to continue with the High Court order". > > Rungta's plea that no recruitment has been made under the Act did not > convince the Bench to keep in operation the the High Court order. > > Additional Solicitor General Indira Jaising submitted that the directions of > the High Court are not workable. > > She said it is not workable to fill up three per cent of the total cadre > strength when there are around 60 departments under the government. > > The Centre's plea for a stay on the High Court order has also been opposed > by another body All India Confederation of the Blind. > > The High Court had directed the Centre to fully comply with the Disabilities > Act and reserve three per cent seats for disabled persons according to its > 1996 notification. > > Regards > > Rajender > E-mail: rajendernegi2...@gmail.com > > > > The INTERNET now has a personality. 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