Saturday 24 December 2011

HAPPY CHRISTMAS TO ALL

This Christmas may, cheer you all with love, hope, peace, joy, warmth & happiness.

K. Amruth Reddy
President DAEWAAP

Friday 23 December 2011

Commissioner of Panchaythraj dept instructions to implement the RoR in promotions

GOVERNMENT OF ANDHRA PRADESH
OFFICE OF THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL EMPLOYMENT URDU HALL LANE HIMYATHANGAR HYDERABAD
Memo No. 14305/CPR&RE/E1/2011 Dt:21-12-2011
Sub:- Rule of Reservation in Promotions to the Differently Abled employees implementation the panel year 2011-12 — Necessary orders — Reg.
Ref:-1. President, Differently Abled Employees Welfare
Association, A.P. Hyderabad representation dt. Nil.
2. Govt.Memo No. 25071/OP.I/A3/2011, Dt. 28.11.2011.
3. G.O.Ms.No.42, WCDWSC(DW) Deptt., Dt.19.10.2011.
A copy of G.O.Ms.No. 42, WCDWSC (DW) Deptt., DL 19.10.2011 is herewith communicated to all the District Collectors/ Chief Executive Officers, ZPP/ District Panchayat Officers. They are requested to strictly implement the above G.O. duly amending the existing rules wherever necessary in the matter.
Sd!- CSanakara Reddy,
Addi Commissioner,PR&RE
To
All the District Collectors
All the Chief Executive Officers, ZPP
All the District Panchayat Officers
All the Officers! Superintendents of this office
SF/SC
I/FORWARDED BY ORDER/I

Sunday 18 December 2011

WOMEN DEV. CHILD WELFARE & DISABLED WELFARE DEPT G.O.Ms.No. 22 Dt 07-07-2008

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT


W.D.C.W & D.W. Department – Procedure and Format for issue of Physically Handicapped Certifies – Producing of false certificates in claim of reservation under physically Handicapped Quota – Action to be taken – Orders – Issued.

======================================================================

WOMEN DEV. CHILD WELFARE & DISABLED WELFARE DEPT

G.O.Ms.No. 22 Dt 07-07-2008
Read the following-

1. G.O.Ms.No. 115, WDCW&L Deptt. Dt. 30-7-1991.
2. G.O.Ms.No. 109, WDCW&L Deptt. Dt. 15-6-1992.
3. G.O.Ms.No. 21, WDCW&L Deptt. Dt. 23-3-1998.

ORDER:-

In the G.O. 1st read above orders were issued reserving 3% pf the posts ion the State and Subordinate Services in favour of Physically Handicapped persons for the purpose of reservation of employment on the basis of uniform definitions followed by the Government of India for each category as indicated hereunder:-

1. Visually Handicapped 1%
2. Hearing Handicapped 1%
3. Orthopaedically Handicapped 1%

2. Some of the claimants are producing false certificates to seek the benefit under 3% reserved Physically Handicapped Quota for the purpose of reservation in employment, resulting in denial if the benefits to the genuinely disabled persons apart from injustice to the meritorious open category candidates and entailing increased and unnecessary workload for specialists in government hospitals which are already over burdened, by having to cross check such cases. Most of the bogus cases are from Hearing and Speech impaired category. For example, of the 136 candidates who applied for Teachers posts in Chittoor district under hearing impaired category, only 52 candidates reported to ENT Hospital for verification, of these 52 candidates screened at ENT Hospital, Hyderabad, Only one candidate was found to be hearing impaired having 75% disability.

1. To avoid such malpractices and after examining the matter, Government hereby issue order as follows:-

(i) All those who attempt to seek employment on the basis of false certificate i.e. certificates obtained by misrepresentation/clandestine manner, etc which tantamount to cheating, shall be debarred from Government employment for a period of 5 years.

(ii) Those who fraudulently avail or tempt to avail, any benefit meant for persons with disabilities, shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to twenty thousand rupees or with both, as prescribed under section 69 of the PWD Act, 1995.


(i) All the Heads of Departments shall refer all the cases appointed under the Hearing Handicapped category where certificates are suspect, to State Authority at Govt. ENT Hospital, Koti, Hyderabad for verification of genuiness of th Hearing handicapped and Visually Handicapped candidates to the Sarojini Devi Eye Hospital. Masab Tank, Hyderabad. Wherever warranted and take effective follow up action including for prosecution and removal from service wherever warranted following the due procedure.

(ii) In partial modifications of the orders issued vide references G.O.2nd read above, Haring and Speech impaired certificates shall not be issued unless a qualified regular audiologist from a Government Hospital is present on the Medical Board.

(iii) The certificates in respect of Mentally Retarded persons issued by the National Institute for the Mentally Handicapped, Manovikasnagar, Secunderabad shall be accepted.
(iv) Issue of Handicapped certificates without proper verification shall entail stringent action against all concerned. The certificates in respect of Mentally Retarded persons issued by the National Institute dor the Mentally Handicapped, Manovikasnagar, Secunderabad shall be accepted.

2. All the Heads of Departments/District Collectors/ Officers/Members of Medical Board and others concerned are directed to strictly follow the above instructions.

3. The Commissioner, Depatment for the Welfare of Disabled and Senior Citizens, Hyderabad shall follow up the matter accordingly.


(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

M. CHAYA RATAN,
Prl. Secretary to Government.To
The Commissioner, Deptt. For the Welfare of Disabled & Senior Citizens, Hyderabad.
All the Heads of Departments
All the Departments in Secretariat.
All the District Collectors in the State.
The Director, Health, Hyderabad.
All the Superintendents/ Government Teavching Hospitals/District Headquarter Hospitals and Area Hospitals in the State.
All the Assistant Director, Dept for the Welfare of Disabled and Senior Citizens in the State.
Copy to:
Superintenent, Govt. ENT Hospital, Koti, Hyd.
Superintendent, Sarojini Devi Eye Hospital, Masab Tank, Hyd.
Director, Nizam’s Institute of Medical Sciences, Punjagutta, Hyderabad.
Superintendent, Institute of Mental Health, Errangada, Hyderabad.
Director, National Institute of Mental Health, Manovikasnagar, Secunderabad – 500 009.
OSD TO M(WDCW&DW)
P.S. TO Chief Secretary
P.S. to Chief Secretary
P.S. to Prl. Secretary to C.M.
P.S. to Prl. Secretary to WDCW & DW.
S.F./S.Cs.

//forward:: by order//

SECTION OFFICER

WOMEN DEVELOPMENT, CHILD WELFARE & DISABLED WELFARE (DW) DEPARTMENT. G.O.MS.No.16 dated: 6.6.2000

GOVERNMENT OF ANDHRA PRADESH
A B S T RA C T

DISABLED WELFARE – The Persons with Disabilities & Equal Opportunities, Protection of Rights and full participation Act.1995- Section 33 of Act- Safeguard against non- implementation of the Provisions of the section of the Act-furnishing of a certificate to the Recruiting agencies while making recruitment to the posts identification As suitable for being manned by persons with Disabilities-
Orders – Issued
WOMEN DEVELOPMENT, CHILD WELFARE & DISABLED WELFARE (DW) DEPARTMENT.

G.O.MS.No.16 Dated: 6.6.2000
Read the following:
1. F.No. 25-A.P./CCD/98/2391. dt. 27.9.99 Chief Commissioner for the Disabilities.
2. From the Commissioner, Disabled Welfare, Hyderabad Note No. c1/5151/99
dt. 25.10.99.

ORDER:- / CENTRAL Act 1 of 1996

The persons with Disabilities (Equal opportunities Protection of Rights and full participation) Act, 1995/ came Into force from 7.2.96. After the enactment of this Act It has become necessary that the provisions contained Therein relating to filling up of the posts meant for Persons with Disabilities, shall be implemented in Right earnest. According to section 33 of the aforesaid Act every appropriate Government shall appoint in every Establishment such percentage of vacancies not less than 3% (three percent) of persons or class of persons With disability of which one percent each shall be Reserved for persons suffering from:-/ or
i) blindness /low vision:
ii) Hearing impairment:
iii) Locomotors disability or cerebral palsy
In the posts identified for each
disability:
In case, the appropriate Government having regard To the type of work carried on in any department or Establishment, by notification subject to such conditions If any, as may be specified in such notification, exempt Any establishment from the provisions of this section.

In the reference second read above, the Chief Commissioner for disabilities has brought to the notice Of the Government that several persons who are disabled Submitted complaint against the Government, public Sector undertakings and autonomous bodies for not Implementing the rule of reservation in appointment up to 35 in respect of the persons with Disabilities as Stipulated in the aforesaid provision of law. He has Therefore, requested to issue necessary instructions Making it mandatory for all the departments to follow


• The rules of reservation to the disabled persons and to furnish a certificate, while sending requisitions to the recruiting agencies in the state, to the effect that as per the provisions of the said Act relating 3% reservation for persons with disabilities have been followed scrupulously.

In the circumstances stated by the Chief Commissioner For Disabilities and in order to ensure strict implementation Of the section 33 of the Act, the Government hereby direct that all the departments of the Government shall furnish a certificate while sending requisitions to the
A.P. Public Service Commission, A.P. College Service Commission, District Selection Committee, Employment Exchanges etc. , that the provisions relating to the 3% Reservation towards persons with disabilities have been Strictly followed. If they failed to furnish such Information to implement 3% reservation for the appointment Of the disabled persons, the recruiting agencies Shall not accept the proposals from the departments (in The absence of 3% reservation implement certificate For the Disabled)
All the Departments of secretariat are therefore Requested to bring these instructions to the notice of All the appointing authorities for strict compliance.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
GAYATHRI RAMACHANDRAN
PRL.SECRETARY TO GOVERNMENT
TO
All Departments of Secretariat.
The Secretary, A.P. Public Service Commission, Hyd.
The Secretary, A.P. College Service Commission, Hyd.
All Heads of Departments.
All District Collectors.
// forwarded by Order//
SD/-
O/O commissioner, Disabled
Welfare, A.P. Hyd.
Ended. 27.6.2000. No. C1/5151/99 Dt. 27.6.2000
Copy of the Govt. Order communicated for information
And further necessary action.
Sd/-
For Commissioner.
To,
The Asst. Directors, Disabled Welfare in the State.
The District Collector & District Magistrates in the State
The Principals, Residential Schools for Disabled in the State.
Copy to all the Officers in the Commissioner ate.
Copy to all the Section Heads in the Commissioner ate
O/O Assistant Director.
Disabled Welfare
Endt. 203/2000/A dt..1o.7.2000.
Communicated to all the Dist./Unit Officers
Public sector undertakings, Municipalities for the
Necessary

WOMEN’S DEVELOPMENT CHILD WELFARE & LABOUR (W.H DESK)DEPARTMENT. G.O.Ms.No.115, dt.30th July 1991,

ABSTRACT
PUBLIC SERVICES-State and subordinate services-Reservation of posts in favor of physically Handicapped persons-Further-Orders-Issued.

Zxzxzxzxzxzxzxzxzxzxzxzxzzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxzxz

WOMEN’S DEVELOPMENT CHILD WELFARE & LABOUR (W.H DESK)DEPARTMENT.
G.O.Ms.No.115, dt.30th July 1991,
Read the following:-
G.O.Ms.No.1034, G.A.Department DT 1.8.1966,
Govt. of India Ministry of Home Affairs New Delhi (Dept. of personal and Administration Reforms) Memo. No.39016/6/77.Estt. (C.Dt.1.11.77,
From the Director, Welfare of Handicapped,Lr.No.A1/565/89,dt.17.4.89.

ORDER:
In the G.O.1st read above, Orders were issued reserving 3% of the posts in the state and Subordinate services in favor of the physically Handicapped Persons by direct recruitment. Second provision to General Rule 22 © (v) of A.P. State and subordinate service Rules lays down that when special or adhoc rules provide for serration in favor of physically Handicapped Persons and Where qualified and suitable candidates are not available from among the physically Handicapped Persons, the turn allotted for them in the unit reserved to the above shall be carried forward for three years succeeding recruitment years and those vacancies shall cease thereafter.
2. The Government of India in their Memo. Second read above have indicated that the reservation in Group.’C’ and ‘D’ posts for the physically Handicapped persons should be made to the extent Indicated against each as indicated hereunder:-

Category of Handicapped % of reservation
Blind 1%
Deaf/Dumb 1%
Orthopaedically Handicapped 1%

3. The Director, Welfare of Handicapped, Hyderabad in his letter 3rd read above has suggested that the existing 3% reservation made in favor of the physically Handicapped persons may be split up in the Order of preference on the lines of the instructions issued by the Govt. Of India referred to above, in respect of direct recruitment.
4. Govt. have carefully examined the matter and decided that the trifurcation of reservation on the similar lines issued by the Govt. of India be implemented in the state and subordinate services of this state also where 3% reservation is applicable in favor of handicapped persons in sofar as direct recruitment subject to the condition that the categorization of the physically handicapped persons for the purpose of reservation in employment will be on the basis of uniform definitions followed by the Govt. of India and that where any department considers that it is not possible to provide reservation for any category of handicapped persons the extent of the reservation in view of the nature of the duties expected to be performed by the employees in that particular department, that department could be partly of fully exempted from this split reservation. The grant of such exemption shall be constituted by the Government separately.
5. Therefore all the Head of the Departments are advised to identify the jobs which can be performed by various categories of handicapped without loss of productivity, specify the reservation and also keep informed to this ratio of 1:1:1 for the blind, Deaf and Orthopaedically Handicapped should be maintained.
6. All the Heads of Departments are therefore requested to strictly implement the reservation in favor of handicapped in direct recruitment on the lines indicated above.
7. Necessary amendments to the respective special or adhoc rules shall be obtained by the respective Heads of departments from their administrative departments of Secretariat in this regard.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
S.R.GOVINDA RAJAN,
Principal Secretary to Government,

To
The Director, Welfare of Handicapped,
All Heads of Departments,
All departments, of Secretariat,
All Section in WDCW. & Labor Dept,
All Public Enterprises,
All Corporations,
All District Collectors,

Copy of:

The Director, Information and public Relations Hyderabad.

Friday 18 November 2011

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Women Development, Child Welfare and Disabled Welfare Department – Disabled Welfare – The Persons with Disabilities( Equal Opportunities, Protection of Rights and Full Participation ) Act, 1995 – 40 % disability – Eligible to apply for facilities, concessions and benefits admissible under the schemes of the Government or Non-Governmental organizations – Orders – Issued.
WOMEN DEVELOPMENT, CHILD WELFARE & DISABLED WELFARE (DW) DEPT
G.O. Ms. No.27                                                                          Dated :09/08/2000
                                                                                                    Read the following:
                                            1. G.O. Ms. No. 165, SW (G) Deptt., dt. 25.7.1985.
                                            2. G.O. Ms. No.31, WD,CW & DW(DW) Dept.,dt.29.4.99
                                            3. G.O. Ms. No.42, WD,CW & DW(DW) Dept.,dt.28.6.99
                                            4. G.O. Ms. No.53, WD,CW & DW(DW) Dept.,dt.15.7.99
                                            5. From the Commissioner, Disabled Welfare, Lr. No.
                                                D1/1688/2000,dt.5.7.2000.

ORDER:

          In the circumstances stated by the Commissioner, Disabled Welfare, in the letter 5th read above and keeping in view the provisions under The Persons with Disabilities ( Equal Opportunities, Protection of Rights and Full Participation ) Act, 1995, the Government in modification of the orders issued in the G.O. 1st read above hereby direct that the minimum percentage of disability shall be 40% of any kind of disability as certified by the medical Authority to apply for facilities, concessions and benefits admissible under the schemes of the Government or Non- Governmental Organisations.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

                                                                      GAYATRI RAMACHANDRAN
                                                        PRINCIPAL SECRETARY TO GOVERNMENT

To
The Commissioner, Disabled Welfare Department
All the District Collectors
All Asst. Directors, Disabled Welfare,
All District Employment Officers.
Copy to:
All District Treasury Officers
The Accountant General, Andhra Pradesh, Hyderabad
Fin. & Plg. (FW.EBSXII) Dept.
SF/SC No. 36035/16/91. Esst(SCT)

Tuesday 1 November 2011

State Tour programme of the State Association Office bearer:

The President  and the other office bearers of state Association will tour all the districts to mobalise and strengthen the District units in a phased program.

The First Phase of the Program as approved:

10/11/2011 - 11.00Noon  to 1.00 pm    Kurnool
                    04.00 pm to 6.00 pm -     Anantha Pur              Night Halt.
11/11/2011-11.00Noon  to 1.00 pm    Kadapa
                    04.00 pm to 6.00 pm -     Thirupathi                  Night Halt.
12/11/2011        Halt at Thirupathi

13/11/2011 - 11.00Noon  to 1.00 pm    Nellore (PSR)
                    04.00 pm to 6.00 pm -     Ongole (Prakasham)   Night Halt.
14/11/2011 - 11.00Noon  to 1.00 pm    Guntur  Koteshwar Rao & Kameshwaramma, Kalyana MandapamArundal peta Salepeta Guntur
                    04.00 pm to 6.00 pm -     Vijayawada (Krishna) Back to Hyderabad. NGO Home VJW

The second phase program will be communicated later.
All the dist. office bearers and the members are requested to attend the said program and strengthen the Association in order to achieve our long pending demands.

                                                                                                                K.Amruth Reddy
                                                                                                                      President


Sunday 30 October 2011

Exemption from passing the Departmental Test by the Visually Impaired Employees- Orders- Reg


GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Public Services – Promotion to the higher posts - Visually Handicapped employees – Passing of Departmental Tests for promotion to next higher categories – 5 years time allowed – Orders – Issued.
-------------------------------------------------------------------------------
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT
G.O.Ms.No: 748                                                                      Dated: 29-12-2008.

                                                                          Read the following : 
1) Director, Disabled Welfare & State Commissioner under
persons with Disabilities Act,1995 Lr.No:S.V/6794/06,dt.19-04-07    
2) Commissioner for the Welfare of persons with Disabilities and Senior Citizens Lr.No.S-V/6794/2006, Dt.10-05-08.
3) From the Secretary, APPSC, Hyderabad, Lr.No.1526/RR/08,
    Dt.15-12-2008.
*****
ORDER :-
The Secretary, Visually Handicapped Employees Welfare Association, Kakinada has requested to exempt the Visually disabled employees from passing the departmental tests irrespective whether they have crossed 45 years of age or not, as a special case, if they fulfill the other conditions for promotion to next higher posts. In the reference 2nd read above, it is reported that due to non-availability of books and codes in Braille Script, the visually impaired employees are loosing chances for higher promotions.

2. After careful examination, it is decided to allow 5 (five) years time to acquire the qualification of Tests prescribed under the rules by the Visually Handicapped employees who are otherwise qualified for promotion and during this time the books and codes will be prepared and made available in Braille Script instead of totally exempting them from passing Departmental Tests. However, the employees who come up for consideration for promotion shall be promoted to higher categories during this period of 5 (five) years and such employees shall be directed to pass the tests in the promoted post. The preparation of books and codes in Braille Script for passing of tests shall be reviewed after 5 years.
3. Accordingly, the following notification will be published in the Andhra Pradesh Gazettee.
NOTIFICATION
      In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and of all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the following Adhocrule, namely :-
                                                                        Ad-hoc Rule :
     Notwithstanding anything contained in the Andhra Pradesh State and Sub-ordinate Service Rules or the Special Rules governing the post, the Visually Handicapped employees who have not passed the tests prescribed under the rules but otherwise qualified for promotion may be promoted to the post subject to acquiring the qualification of such tests within a period of Five years from the date of promotion and during this time, the books and codes shall be prepared and made available in Braille Script. The preparation of books and codes in Braille Script for passing of tests shall be reviewed after a period of five years.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

                 S.BALASUBRAMANYAM,
SECRETARY TO GOVERNMENT (SERVICES)
To,
The Commissioner of Printing,
Stationery & Stores Purchase, Hyderabad.
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
Copy to :
The Registrar of High Court
of Andhra Pradesh Hyderabad.
The Registrar of Andhra Pradesh
Administrative Tribunal, Hyderabad.
The Director, Disabled Welfare & Commissioner
Under persons with Disabilities Act,1995.
The Commissioner for the Welfare of persons
with Disabilities and Senior Citizens.
The Law (E) Department.
All Service Sections in General Administration Dept.,
The Secretary, Vigilance Commissioner,
A.P. Vigilance Commission, Hyderabad.
The Secretary,
A.P. Public Service Commission, Hyderabad.
The WD,CD&DW(DW.A1)Dept.,
SF/SC.
// Forwarded:: By Order //


     SECTION OFFICER.

Sunday 23 October 2011

PunjabHighCourtJudgement


CWP No. 11467 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No. 11467 of 2010
Date of Decision:                                                   September 06, 2010
Disabled Persons Association ......Petitioner
Versus
State of Punjab and another ...... Respondents

Coram:                      Hon'ble Mr. Justice Mukul Mudgal, Chief Justice
Hon'ble Mr. Justice Ajay Tewari
****
Present:                      Mr. Gurminder Singh, Advocate for the petitioner.
Ms.Madhu Dayal, Addl. AG, Punjab.
****
1. Whether Reporters of local papers may be allowed to see the  judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest?

Mukul Mudgal, CJ.

By this petition, which has been filed as a PIL, the petitioner has prayed for issuance of directions to the respondent-State to grant reservation to the extent of 3% to physically handicapped persons and appointment to public posts by way of direct recruitment as also promotion to categories and groups as per the provisions of The Persons with Disabilities(Equal Opportunities, Protection of Rights and Full
Participation) Act, 1995.

CWP No. 11467 of 2010 2

It may be mentioned here that in CWP No. 5809 of 2010 decided on 24.05.2010 a Division Bench of this Court had allowed a similar petition in respect of promotion to Group 'C' and 'D' posts. It was also not disputed that 3 % reservation is already being given and direct recruitment in Groups 'A', 'B', 'C', and 'D' services as per letter dated 2.5.97(Annexure P-1). Thus the only dispute which remains is with regard to promotion to Group 'A' and 'B' posts.

In yet another case bearing CWP No. 12741 of 2009 decided on 18. 3.2010, Viklang Sangh Haryana v. State of Haryana and others, in relation to the State of Haryana this Court held as follows:-

“In view of the above position of law laid down by the Hon'ble Supreme Court, the Court must adopt a liberal interpretation which advances the achievement of the object of the Act. The interpretation which is sought to be suggested by the State for denying reservation of 3% in the promotional avenues would obviously defeat the object of the Act.”

In the written statement filed by the respondent-State of Punjab these facts have not been disputed. It is, however, pleaded that Government of India has not provided reservation by way of promotion in Group 'A' and 'B' services. In this context in the case of Viklang Sangh Haryana (supra) this Court had found as follows:-
“Even the Government of India, through the Ministry of Personnel, Public Grievances & Pension, Department of Personnel & Training,New Delhi has reserved posts for the handicapped in departmental promotions to the extent of 3%. the information supplied vide letter dated December 05, 2007 to the petitioner by the aforesaid Ministry is to the following effect:-

(i) Reservation for SC candidates in departmental promotion quota is 15%
(ii)There is no reservation for OBC candidates in departmental promotion quota
(iii)Reservation for physically Handicapped quota is 3%
(iv) x x x x x x x x x x x x x x x x x x x x x x x x x x”

In this view of the matter the assertion of the State of Punjab that there is no reservation provided by the Government of India for promotion to Group 'A' and 'B' services cannot be accepted.
In the circumstances this writ petition is allowed and a direction is issued to the respondent-State of Punjab to keep 3% posts reserved for promotion for the disabled in Group 'A' and 'B' posts also and to issue necessary promotion orders not later than six months from today.
                                                              (MUKUL MUDGAL)
                                                                CHIEF JUSTICE

                                                                (AJAY TEWARI)
                                                                  JUDGE

September 06, 2010
sunita

GO Ms. No.23 Dated: 26-05-2011


GOVERNMENT OF ANDHRA PRADESH
A B S T R A C T
Dept. for Women, Children, Disabled and Senior Citizens – Reservation of Posts in favour of Persons with Disabilities and Interchange among the 3 categories of Disabled Persons in accordance with PWD Act, 1995 & Order of APAT in OA No.9612 of 2009 dated 11-08-2010 – Revised - Orders – Issued.
============================================
DEPT. FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS (DW)
G.O.Ms.No.23                                               Dated: 26-05-2011
                                                                  Read the following:-
1) G.O.Ms.No.115,WDCW & ( (WH.Desk) Deptt.Dt.30-7-1991.
2) GO. Ms .No. 18, WD, CW & L Dept, dt:01-03-1994.
3) G.O.Ms.No.72 WD&CW (WH.Desk) Deptt.Dated 5-8-1997
4) G.O.Ms.No.112,WD&CW (WH) Deptt.dt.6-12-1997.
5) G.O.Ms.No.385, G.A.(Ser.D)Deptt.dt.18-11-2000.
6) G.O.Ms.No.52, WDCW & DW (DW) Deptt,dt.25-10-2002
7) G.O.Ms.No.41, WDCW&DW (DW) Deptt.dt.27-11-2003
8) G.O.Ms.No.252, G.A.(Ser.) Deptt.dt.28-8-2004.
9) Orders of A.P.A.T., Hyd dated 11-8-2010 in O.A.No.9612/09
10) From the Commissioner, Disabled Welfare, Hyderabad,
Letter.No.C1/3490/2010, dt.20-11-2010.
***
O R D E R:-
Orders were issued in the reference 1st read above, fixing 3% reservation in favour of Handicapped persons in the ratio of 1:1:1 for the Blind, Deaf/ Dumb and Orthopaedically Handicapped respectively. In the reference 3rd read above, orders were issued fixing roster points to the different categories of handicapped including women.
2.     Based on the orders issued in the G.O.7th read above, General Administration (Ser.D) Department had issued orders fixing the roster points and amended the State and Subordinate Service Rules accordingly in the reference 8th read above.
3.     According to rule 22 (2) (e) of the Andhra Pradesh State and Subordinate Service rules, 1996 as amended in G.O.Ms.No.252, G.A.(Ser.D) Department dated 28-8-2004, the 6th,31st and 56th points in each cycle of 100 vacancies shall be allotted to the Visually Handicapped, Hearing Handicapped and Orthopaedically Handicapped persons respectively as stated above and where qualified and suitable candidates are not available from among them, the turn allotted for them in the unit referred to above shall be carried forward for three
succeeding recruitment years. In the third succeeding recruitment year, if disabled candidates from any category are not available for appointment in the turn allotted, the vacancy shall be filled by next group of disabled in rotation by effecting interchange and the reservation shall cease thereafter.
  
4.     Section 36 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995 (Central Act No.1 of 1996) provides that where in any recruitment year any vacancy under Section 33, cannot be filled up due to non availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also person with disability is not available, it may first be filled by interchanging among three categories and only when there is no person with disability  available for the post in that year, the employer shall fill up the vacancy by
appointment of a person, other than a person with disability: 
Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.
5.     The Andhra Pradesh Administrative Tribunal, Hyderabad in its order in O.A.No.9612/2009, dated 11-08-2010 while allowing the said O.A. in part quashing the rule issued under G.O.ms.No.252, G.A.(Ser.D) Deptt.dt.28-08-2004 to the extent of prescribing the period of three years.
6.     Government after careful examination of the matter and in consonance with the provisions of Section 36 of the PWD Act, 1995 (Central Act No.1 of 1996) and the aforesaid orders of the Andhra Pradesh Administrative Tribunal and in supercession of the orders issued in the references 1st to 7th read above, issue the following comprehensive orders:-
i) 3% of vacancies in case of Direct Recruitment for persons or class of persons with disability of which one per cent, each shall be reserved for persons  suffering from:-
a) blindness or low vision;
b) hearing impairment;
c) locomotor disability or cerebral palsy,
Provided that the Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notifications, exempt any establishment from the provisions of this reservation, as per the procedure
prescribed at para ( 7) of this Order.
ii) Definitions of disabilities: Definitions of categories of disabilities for the purpose of reservations in posts shall be as stipulated in PWD Act.
  
iii) The reservation among the 3 categories of Persons with Disabilities i.e. Blindness or Low vision, Hearing Impairment and Locomotor Disability or Cerebral Palsy in three cycles and reservation for women among them shall be as follows:-
1 to 100 
                  6                                  31                                         56
(Blindness or Low Vision)         (Hearing Impaired)      (Locomotor Disability or Cerebral Palsy)
         (Women)                              (Open)                                   (Open)

101-200
                106                               131                                         156
(Blindness or Low Vision)          (Hearing Impaired)      (Locomotor Disability or Cerebral Palsy)
          (Open)                             (Women)                                  (Open)
  201-300
                206                               231                                          256
(Blindness or Low Vision)          (Hearing Impaired)       (Locomotor Disability or Cerebral Palsy)
          (Open)                              (Open)                                   (Women)

iv) Where in any recruitment year, any vacancy cannot be filled up due to non availability of a suitable person with disability or, for any other sufficient reason as specified above, such vacancy shall be carried forward to the succeeding recruitment year for being filled from the same category. If in that year also qualified candidates of the same category are not available, the same shall be notified for being filled up by interchanging from among the three categories. Only when there is no person with disability of any of the 3 categories available for the post, the employer shall fill up the vacancy by appointment of a person, other than a person with disability. Provided that if qualified women candidates are not available for the posts reserved for women, qualified male candidates of the same category of disabled may be appointed.
Illustration 1 for Para 6 (iv):-
a) In the case of 6th roster point fixed for Blindness or Low Vision (Woman), if woman candidate with Blindness or Low Vision is not available in the initial recruitment year, the vacancy may be carried forward to the succeeding recruitment year for being filled up by woman with Blindness or Low Vision;
b) If woman candidate with Blindness or Low Vision in that succeeding recruitment year also is not available, the same shall be notified inviting applications from male candidate also with Blindness or Low Vision. If male candidate with Blindness or Low Vision is also not available, the post may first be notified for Hearing impaired candidate (being next category in the roster) and if no such candidate comes forward it may be notified for locomotor disability or cerebral palsy (being the next category in the roster);

c) Only when there is no person with disability of any of the 3 categories available for the post, the employer shall fill up the vacancy by appointment of a person other than a person with disability.
d) For the other roster points reserved for women for remaining two categories of disabilities i.e. roster points 131, 256 the same procedure explained at (a) to (c) above shall be followed. 
Illustration 2 :-
a) Similarly in the case of 31st roster point fixed for Hearing Impaired, if candidate with Hearing Impairment is not available in the initial recruitment year, the vacancy may be carried forward to the succeeding recruitment year for being filled up by a candidate who is Hearing Impaired.
b) If candidate with Hearing Impairment in that succeeding recruitment year also is not available, the same shall be notified for being filled up by interchanging from among the remaining 2 (two) categories first by candidate with Locomotor Disability or Cerebral Palsy and then by Blindness or Low Vision ( being next roster points)
c) Only when there is no person with disability of any of the 3 categories available for post shall the employer fill up the vacancy by appointment of a person, other than a person with disability.
d) For the other roster points reserved for three categories of persons with disabilities other than women i.e. roster points 56, 106,156,206 and 231 the same procedure explained above at (a) to (c) shall be followed.
7.     When any department considers that it is not possible to provide reservation for any category of Persons with Disabilities or that the extent of reservation needs to be reduced or that the extent of disability needs to be specified, keeping in view the nature of duties to be performed by the employees in that particular department, the department may seek partial or full exemption from such reservation. Such exemption shall however be decided by the following Inter Departmental Committee:-
1) Secretary to Government, Department for Women,
    Children, Disabled and Senior Citizens:            Chairman/Chairperson
2) Commissioner, Department for the Welfare for
Disabled and Senior Citizens:                           Convener
3) Secretary to Government, General Administration
(Services) Department:                                   Member
4) Director, Medical and Health Deptt. :                Member
5) Secretary to Govt., or his nominee of the department
concerned who sought exemption :                    Member

8.     These orders shall come into force with retrospective effect from 
28-08-2004 i.e. issue of G.O.Ms.No.252, G.A.(Ser.D) Department, dated 
28-08-2004. However, this amendment shall not have the effect of nullifying a benefit which has been granted or availed of under the Old Rules.
9.     The General Administration (Ser.D) Department shall issue necessary amendments to the A.P. State and Subordinate Service Rules, 1996 accordingly.
10.    All the Departments of Secretariat, Heads of Departments and all officers concerned are requested to implement the above orders.
11.    This order is available on the Internet and can be accessed at the address http://aponline.gov.in/apgos.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

   M.CHAYA RATAN,
   SPL.CHIEF SECRETARY TO GOVERNMENT

To
The Commissioner,
Dept. for the Welfare of Disabled & Senior Citizens, Hyderabad.
All Departments of Secretariat
All Heads of Departments
All District Collectors
Director, Health, Hyd
All Officers concerned through their respective HODs
Commissioner, Information & Public Relations, Hyd with a request
to give wide publicity.
Copy to:
P.S. to Chief Secretary
P.S. to Spl.Secretary to C.M.
P.S. to Minister (IKP,Pensions,SHGs & WDCW&DW)
P.S. to Spl.C.S., Dept. for WCD & SC
P.S. to Secretary, G.A. (Ser)Department
P.S.to Secretary, Legal Affairs
S.F/S.Cs
//forwarded::by order//
SECTION OFFICER

Saturday 22 October 2011

GO 23 WDCW&DW Dept.

GOVERNMENT OF ANDHRA PRADESH
A B S T R A C T
Dept. for Women, Children, Disabled and Senior Citizens – Reservation of Posts in favour of Persons with Disabilities and Interchange among the 3 categories of Disabled Persons in accordance with PWD Act, 1995
& Order of APAT in OA No.9612 of 2009 dated 11-08-2010 – Revised - Orders – Issued.
============================================
DEPT. FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS (DW)
G.O.Ms.No.23                                                                                                      Dated: 26-05-2011
Read the following:-
1) G.O.Ms.No.115,WDCW & ( (WH.Desk) Deptt.Dt.30-7-1991.
2) GO. Ms .No. 18, WD, CW & L Dept, dt:01-03-1994.
3) G.O.Ms.No.72 WD&CW (WH.Desk) Deptt.Dated 5-8-1997
4) G.O.Ms.No.112,WD&CW (WH) Deptt.dt.6-12-1997.
5) G.O.Ms.No.385, G.A.(Ser.D)Deptt.dt.18-11-2000.
6) G.O.Ms.No.52, WDCW & DW (DW) Deptt,dt.25-10-2002
7) G.O.Ms.No.41, WDCW&DW (DW) Deptt.dt.27-11-2003
8) G.O.Ms.No.252, G.A.(Ser.) Deptt.dt.28-8-2004.
9) Orders of A.P.A.T., Hyd dated 11-8-2010 in O.A.No.9612/09
10) From the Commissioner, Disabled Welfare, Hyderabad,
Letter.No.C1/3490/2010, dt.20-11-2010.
***
O R D E R:-
Orders were issued in the reference 1st read above, fixing 3% reservation in favour of Handicapped persons in the ratio of 1:1:1 for the Blind, Deaf/ Dumb and Orthopaedically Handicapped respectively. In the reference 3rd read above, orders were issued fixing roster points to the different categories of handicapped including women.
2. Based on the orders issued in the G.O.7th read above, General Administration (Ser.D) Department had issued orders fixing the roster points and amended the State and Subordinate Service Rules accordingly in the reference 8th read above.
3. According to rule 22 (2) (e) of the Andhra Pradesh State and Subordinate Service rules, 1996 as amended in G.O.Ms.No.252, G.A.(Ser.D) Department dated 28-8-2004, the 6th,31st and 56th points in each cycle of 100 vacancies shall be allotted to the Visually Handicapped, Hearing Handicapped and Orthopaedically Handicapped persons respectively as stated above and where qualified and suitable candidates are not available from among them, the turn allotted for them in the unit referred to above shall be carried forward for three succeeding recruitment years. In the third succeeding recruitment year, if disabled candidates from any category are not available for appointment in the turn allotted, the vacancy shall be filled by next group of disabled in rotation by effecting interchange and the reservation shall cease thereafter.

4. Section 36 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation Act, 1995 (Central Act No.1 of 1996) provides that where in any recruitment year any vacancy under Section 33, cannot be filled up due to non availability of a suitable person with disability or, for any other sufficient reason, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also person with disability is not available, it may first be filled by interchanging among three categories and only when there is no person with disability available for the post in that year, the employer shall fill up the vacancy by appointment of a person, other than a person with disability: Provided that if the nature of vacancies in an establishment is such that a given category of person cannot be employed, the vacancies may be interchanged among the three categories with the prior approval of the appropriate Government.

5. The Andhra Pradesh Administrative Tribunal, Hyderabad in its order in O.A.No.9612/2009, dated 11-08-2010 while allowing the said O.A. in part quashing the rule issued under G.O.ms.No.252, G.A.(Ser.D) Deptt.dt.28-08-2004 to the extent of prescribing the period of three years.

6. Government after careful examination of the matter and in consonance with the provisions of Section 36 of the PWD Act, 1995 (Central Act No.1 of 1996) and the aforesaid orders of the Andhra Pradesh Administrative Tribunal and in supercession of the orders issued in the references 1st to 7th read above, issue the following comprehensive orders:-
i) 3% of vacancies in case of Direct Recruitment for persons or class of persons with disability of which one per cent, each shall be reserved for persons suffering from:-
a) blindness or low vision;
b) hearing impairment;
c) locomotor disability or cerebral palsy,
Provided that the Government may, having regard to the type of work carried on in any department or establishment, by notification subject to such conditions, if any, as may be specified in such notifications, exempt any establishment from the provisions of this reservation, as per the procedure prescribed at para ( 7) of this Order.
ii) Definitions of disabilities: Definitions of categories of disabilities for the purpose of reservations in posts shall be as stipulated in PWD Act.
iii) The reservation among the 3 categories of Persons with Disabilities i.e. Blindness or Low vision, Hearing Impairment and Locomotor Disability or Cerebral Palsy in three cycles and reservation for women among them shall be as follows:-
1 to 100
6 31 56
(Blindness or Low Vision) (Hearing Impaired) (Locomotor Disability or Cerebral Palsy) (Women) (Open) (Open)
101-200
106 131 156
(Blindness or Low Vision) (Hearing Impaired) (Locomotor Disability or Cerebral Palsy) (Open) (Women) (Open)
201-300
206 231 256
(Blindness or Low Vision) (Hearing Impaired) (Locomotor Disability or Cerebral Palsy) (Open) (Open) (Women)
iv) Where in any recruitment year, any vacancy cannot be filled up due to non availability of a suitable person with disability or, for any other sufficient reason as specified above, such vacancy shall be carried forward to the succeeding recruitment year for being filled from the same category. If in that year also qualified candidates of the same category are not available, the same shall be notified for being filled up by interchanging from among the three categories. Only when there is no person with disability of any of the 3 categories available for the post, the employer shall fill up the vacancy by appointment of a person, other than a person with
disability. Provided that if qualified women candidates are not available for the posts reserved for women, qualified male candidates of the same category of disabled may be appointed.
Illustration 1 for Para 6 (iv):-
a) In the case of 6th roster point fixed for Blindness or Low Vision (Woman), if woman candidate with Blindness or Low Vision is not available in the initial recruitment year, the vacancy may be carried forward to the succeeding recruitment year for being filled up by woman with Blindness or Low Vision;
b) If woman candidate with Blindness or Low Vision in that succeeding recruitment year also is not available, the same shall be notified inviting applications from male candidate also with Blindness or Low Vision. If male candidate with Blindness or Low Vision is also not available, the post may first be notified for Hearing impaired candidate (being next category in the roster) and if no such candidate comes forward it may be notified for locomotor disability or cerebral palsy (being the next category in the roster);
c) Only when there is no person with disability of any of the 3 categories available for the post, the employer shall fill up the vacancy by appointment of a person other than a person with disability.
d) For the other roster points reserved for women for remaining two categories of disabilities i.e. roster points 131, 256 the same procedure explained at (a) to (c) above shall be followed.
Illustration 2 :-
a) Similarly in the case of 31st roster point fixed for Hearing Impaired, if candidate with Hearing Impairment is not available in the initial recruitment year, the vacancy may be carried forward to the succeeding recruitment year for being filled up by a candidate who is Hearing Impaired.
b) If candidate with Hearing Impairment in that succeeding recruitment year also is not available, the same shall be notified for being filled up by interchanging from among the remaining 2 (two) categories first by candidate with Locomotor Disability or Cerebral Palsy and then by Blindness or Low Vision ( being next
roster points)
c) Only when there is no person with disability of any of the 3 categories available for post shall the employer fill up the vacancy by appointment of a person, other than a person with disability.
d) For the other roster points reserved for three categories of persons with disabilities other than women i.e. roster points 56, 106,156,206 and 231 the same procedure explained above at (a) to (c) shall be followed.
7. When any department considers that it is not possible to provide reservation for any category of Persons with Disabilities or that the extent of reservation needs to be reduced or that the extent of disability needs to be specified, keeping in view the nature of duties to be performed by the employees in that particular department, the department may seek partial or full exemption from such reservation. Such exemption shall however be decided by the following Inter Departmental Committee:-
1) Secretary to Government, Department for Women, Children, Disabled and Senior Citizens : Chairman/
                                                                                                                                               Chairperson
2) Commissioner, Department for the Welfare for Disabled and Senior Citizens :                       Convener
3) Secretary to Government,
General Administration (Services)
Department
: Member
4) Director, Medical and Health Deptt. : Member
5) Secretary to Govt., or his nominee of the
department concerned who sought
exemption
: Member    8. These orders shall come into force with retrospective effect from
28-08-2004 i.e. issue of G.O.Ms.No.252, G.A.(Ser.D) Department,
dated 28-08-2004. However, this amendment shall not have the
effect of nullifying a benefit which has been granted or availed of under
the Old Rules.
9. The General Administration (Ser.D) Department shall issue
necessary amendments to the A.P. State and Subordinate Service
Rules, 1996 accordingly.
10. All the Departments of Secretariat, Heads of Departments and
all officers concerned are requested to implement the above orders.
11. This order is available on the Internet and can be accessed at
the address http://aponline.gov.in/apgos.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
M.CHAYA RATAN,
SPL.CHIEF SECRETARY TO GOVERNMENT
To
The Commissioner,
Dept. for the Welfare of Disabled & Senior Citizens, Hyderabad.
All Departments of Secretariat
All Heads of Departments
All District Collectors
Director, Health, Hyd
All Officers concerned through their respective HODs
Commissioner, Information & Public Relations, Hyd with a request
to give wide publicity.
Copy to:
P.S. to Chief Secretary
P.S. to Spl.Secretary to C.M.
P.S. to Minister (IKP,Pensions,SHGs & WDCW&DW)
P.S. to Spl.C.S., Dept. for WCD & SC
P.S. to Secretary, G.A. (Ser)Department
P.S.to Secretary, Legal Affairs
S.F/S.Cs
//forwarded::by order//
SECTION OFFICER