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.

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

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

GO Ms. 23DEPT. FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS (DW) dt26-05-2011

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);

 

Reservation in promotions to the Employees with Disability GO

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Department for Women, Children, Disabled & Senior Citizens – Public Services – Providing reservation in promotions to the Differently Abled employees - Orders – Issued.

DEPTT. FOR WOMEN, CHILDREN, DISABLED & SENIOR CITIZENS(DW)

G.O.Ms.No.42                                                                             Dated:19-10-2011.

                                                                                                 Read the following:-

1.G.O.Ms.No.115 WD CW & L(WH-Desk) Dept, dt.30.7.1991.   

2. G.O.Ms.No.145,  WDCW&L (WH.Desk) Dept.dt.28-8-1992.

3. G.O.Ms.No.5 Social Welfare (SW:ROR.I) Dept. dt.14-02-2003

4. G.O.Ms.No.21 Social Welfare (SW:ROR.I) Dept.dt. 18-03-2003

5. From the Commissioner, Disabled Welfare Dept, Hyd

    Lr. No.S.II/867/2004, dated 05.08.2004 and  05.01.2006

6. G.O.Ms.No.23 Deptt. for Women, Children, Disabled & Sr.

    Citizens, dated 26-05-2011.

***

O R D E R:-

            Orders have been issued in the G.O. 1^st read above, duly providing trifurcation of the  3% reservation for each of the categories of disabled as mentioned there in.

2.         Government, while taking into consideration the representations received for providing reservation in promotion in favour of disabled employees and the orders issued by Government of India vide O.M.No.36035/B.09-Estt.(SC.I), dated 20.11.1985, and as a measure of encouragement, hereby order implementation of 3% reservation in promotions to the disabled employees as follows:-

(i)         Reservation in promotion in favour of disabled employees is applicable to all services of State Government where the cadre strength is more than five;

(ii)        The existing 100-point roster already prescribed under Rule 22 of the Andhra Pradesh State and Subordinate Service Rules by the State Government shall be followed in case of promotions also i.e. 6^th ,31^st  & 56^th;  

(iii)               Reservation in promotion in favour of disabled employees shall be applicable to those candidates who are fully qualified and eligible to hold the post as per existing Rules and Guidelines;

(iv)       Reservation shall be implemented in favour of disabled employees in promotions to all the categories of posts in all State Government services except those exempted or may be exempted or as may be modified in pursuance of orders issued in the reference 6^th read above.

(v)(a)    If any department considers that it is not possible to provide reservation in promotions for any category of  Persons with Disabilities, 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 in promotions, however such exemption or modification shall be decided by an Inter Departmental Committee as specified  in the G.O. 6^th read above;

    (b)    Departments who wish to seek exemptions may do so within (90) days from the date of issue of these orders during which period the Rule of Reservation shall not apply to such departments for the posts identified by them for exemption. The orders issued by the Committee thereafter shall be final and further action taken accordingly.

...2…

…2..

(vi)              While preparing the panels of eligible candidates for promotion, the names of eligible disabled employees from the feeder category have to be shown against the roster points earmarked for them irrespective of their seniority position in the feeder category. However, if a disabled employee gets higher place in the eligible candidates list by virtue of their seniority in the feeder category he/she need not be adjusted in a lower position, which is earmarked for a disabled employee as per the roster system. Such roster point has to be filled up by moving up a disabled employee who is below in the seniority list in the feeder category.  Filling up the roster points shall continue until the required percentage of disabled candidates is obtained. Once the required percentage is obtained by taking into account the candidate who are found in the list of the candidates fit for promotion on account of their seniority in the feeder category and those who are moved up to fill up the required roster point, further adjustment of disabled employees against the roster points has to be stopped. Unutilized roster points after the required disabled employee’s percentage is met shall lapse.

(vii)             If required number of disabled employees is not available in the feeder category, the vacancies earmarked for disabled employees according to the roster will be carried forward as per orders issued  from time to time as in case of Rule of reservation in promotion for SC/ST persons.

3.    All Departments of Secretariat and Heads of Departments concerned are requested to issue necessary amendments to the A.P. State & Subordinate Service Rules 1996 and Spl. Rules of the respective Department wherever necessary for strict implementation of Rule of Reservation in promotions to the employees with disabilities in the State Government.

4.        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

All the Departments of Secretariat, Andhra Pradesh, Hyderabad.

All Head of the Departments, Andhra Pradesh, Hyderabad.

All the District Collectors

The Secretary, A.P.P.S.C., Hyderabad

The Registrar, Andhra Pradesh High Court, Hyderabad.

The Registrar, Andhra Pradesh Administrative Tribunal, AP, Hyderabad.

All Registrars of all Universities in the State.

All the Managing Directors of Public Sector Undertaking in A.P.

The Commissioner, Printing, Stationary & Stores Purchase, Chanchalguda,        Hyderabad.

The State Commissioner for Persons with Disabilities & Senior Citizens Welfare,           Hyderabad.

The President, Differently Abled Employees Welfare Association, A.P., Hyderabad.

Copy to:  P.S. to Spl.Secretary to  C.M.

                P.S. to M (IKP, Pensions & SHGs & WCD&SC)

                P.S. to Chief Secretary to Govt.

                P.S. to Spl. Chief Secretary, Deptt. for WCD&SC

            S.F./S.Cs

//forwarded: by order//

 SECTION OFFICER