IMMEDIATE/COURT
MATTER
No. 36012/24/2009-Estt(Res)
Government of India
Ministry of
Personnel, Public Grievances and Pensions
Department of
Personnel and Training
North Block, New
Delhi.
Dated the 3rd December 2013
OFFICE
MEMORANDUM
Subject: Reservation for persons
with disabilities- Computation of reservation- implementation of
the judgement of Hon'ble Supreme
Court in the matter of Union of India & Anr. Vs.
National Federation of Blind
& Ors.
The undersigned is directed to
refer to this Departments OM No.36035/3/2004-Estt.(Res) dated 29.12.2005, ready
reference, a copy of which is enclosed for through which this Department
had issued consolidated instructions regarding reservation for persons with
disabilities. The instructions were in consonance with the provisions of the
Persons with Disabilities (Equal Opportunity, Protection of Rights and Full Participation) Act, 1995.
2. Para 13 of the Office
Memorandum of 29.12.2005 provides that reservation for persons with disabilities in case of direct recruitment as
well as promotion for Group C and Group D posts shall be computed on the basis
of total number of vacancies occurring in Group C and Group D posts as the case
may be in the
establishment although the recruitment of the
persons with disabilities would only be in the posts identified suitable for
them. Para 14 of the said O.M. provides that ReservatiOn. for pemons_with
disabilities-in Group 'A' posts shall be comp:1W on the basis of vacancies
occurring in direct recruitment quota in all the identified Group 'A' posts in
the establishment. The same method of computation applies for Group 'B' posts.
3. The Hon'ble Supreme Court in
its judgement dated 8.10.2013 in
the matter of Civil
Appeal No.9096 of 2013 (arising out of SLP (Civil) No.7541 of 2009) titled
Union of India & Anr. Vs. National Federation of Blind & Ors. has,
inter-alia, held :
"Thus, after thoughtful consideration, we are
of the view that the computation of reservation for persons with disabilities
has to be computed in case of Group A, B, C and D posts in an identical manner
viz., "computing 3% reservation on total number of vacancies in the cadre strength"
which is the intention of the legislature."
4. The Hon'ble Supreme Court has,
inter alia, directed that the following action be taken in order to ensure
proper implementation of the reservation policy for the disabled and to protect
their rights:-
(i) to issue an appropriate order modifying the O.M.
dated 29.12.2005 and the subsequent O.Ms consistent with this Court's Order
within three months from the date of passing of the judgment.
(ii) the "appropriate Government" to available
in all the "establishments" and persons within a period of three
months without default.
(iii) the DoPT shall issue instructions to all the
departments/public sector undertakings/Government companies declaring that the
non observance of the scheme of reservation for persons with disabilities
should be considered as an act of non-obedience and Nodal Officer in
department/public sector undertakings/Government companies, responsible for the
proper strict implementation of reservation for person with disabilities, be
departmentally
proceeded against for the default.
5. Keeping in view the directions
of the Hon'ble Supreme Court, Para 14 of the OM dated 29.12.2005 is modified to
the following extent:
"Reservation for persons with disabilities in
Group 'A' or Group 'B' posts shall be computed on the basis of total number of
vacancies occurring in direct recruitment quota in all the Group A posts or Group
'B' posts respectively, in the cadre."
6. Other provisions of the OM
viz. quantum of reservation, horizontality of reservation, effecting
reservation and maintenance of rosters etc. would remain the same.
7. All the
Ministries/Departments/Organisations of the Government of India are requested
to compute the number of vacancies available in all the cadres under their control
including attached offices, subordinate offices, public sector undertakings, Government
companies, cantonment Board etc. in the aforesaid manner and further
identify the posts for disabled persons within a
period of three months from the date of the judgement of the Hon'ble Supreme
Court (i.e. 8.10.2013) and implement the same without default.
8. This is for strict compliance
in accordance with the directions of the Hon'ble Supreme Court in respect of
all the Ministries/Departments including their Public Sector
Undertakings/Government companies, Cantonment Boards etc. Nonobservance of the provisions
of reservation for persons with disabilities shall be considered as an act of
disobedience and the Nodal Officer concerned in Department/Public Sector
Undertaking/Government company, responsible for the compute the number of
vacancies further identify the posts for disabled from today and implement the
same proper
strict implementation of reservation for person with disabilities, be
departmentally proceeded against
for the default.
(G.
Srinivasan)
Deputy
Secretary to the Government of India
Tel.No.23093074
To
(i) The Secretary, All the
Ministries/Departments of the Government of India
(ii) The Secretary, Department of
Financial Services (Banking and Insurance Division), New Delhi
(iii) The Secretary, Department
of Public Enterprises, New Delhi
(iv) The Secretary, Railway
Board, Rail Bhavan, New Delhi.
(v) Union Public Service
Commission, Supreme Court of India, Election Commission of India, Lok Sabha
Secretariat, Rajya Sabha Secretariat, Cabinet Secretariat, Prime Ministers
Office, Planning Commission.
(vi) The Secretary, Staff
Selection Commission, CGO Complex, Lodhi Road, New Delhi.
(vii) Office of the Chief
Commissioner of Disabilities, Sarojini House, 6 Bhagwan Das Road, New Delhi-110001;
(viii) Office of the Comptroller
& Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.
(ix) All officers and Sections in
the Ministry of Personnel, Public Grievances and Pensions and all the
attached/subordinate offices of this Ministry.
(x) Itifdrmation and Facilitation
Centre, North Block, New Delhi — 25 copies.
Copy to Chief Secretaries of all
States/Union Territories – for information
Copy to Director (NIC),
DOP&T- with a request to place this on the website of this Ministry for
information of all concerned.
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