Sunday, 26 May 2013

Representation to PRC on demands of the employees with disability- Suggestion if any, invited:



To,                                                                    Dated:         /05/2013.
The Chairman
Pay Revision Commission,
Government of Andhra Pradesh,
Secretariat, Hyderabad

Respected Sir,

Sub: - Disabled Welfare –PRC – certain facilities to the employees with                disability - Necessary consideration – Requested- Regarding.
                                                          ***&***
We submit that the disabled persons are weakest among the weaker sections. They need support and help in their day to day life. The 6th Pay Commission of the Government of India has recommended for various benefits like enhanced number of casual leave, special aids and appliances for facilitating office work, higher interest subsidy for automobile loans, liberal flexi hours, higher rate of transport allowances, better prosthetic aids and proper grievances redress machinery, Extra allowance for disabled women employees to take care of young child till the child attains the age of two years etc.
We have represented the PRC 2010 for extending and enhancing certain concessions to the disabled employees. But the PRC 2010 has not taken the problems of the disabled employees into cognizance and not found place in the PRC report. We have also represented to the Chairman Anomaly Committee, but his report has not seen the light so far. The following are certain issues where the disabled employees and their problems are ignored.

1. Conveyance Allowance:- You are aware that the mobility rate among the disabled persons is very less compared with normal persons. Due to their physical deformity, they need some or other conveyance to go to their office and back to home. In addition, wherever they want to go they need the special transportation. The cost of living has gone up and the transport expenses increased enormously, the Conveyance now being paid is far from the actual expenses and as such the same may be paid as is being paid by the government of India to its disabled employees, or a consolidated amount of Rs. 5000/- PM may be allowed to all the disabled employees without any restrictions.

2. Readers Allowance:- The teachers with visual impairment need readers assistance for preparation with acquaintance with current affairs, so as to teach the students. The PRC has to take the real time situation of the readers demand for the payment into consideration. We request for payment of Rs.3000/- PM as readers allowance to the entire blind teaching faculty.

3. Medical Allowance:- We submit that the disabled persons are susceptible to higher medical problems necessitating frequent hospital visits due to recurring health problems. They need to maintain crutches/calipers/hearing aids/guiding sticks etc which require regular Wear and tear repairs. Every disabled person use pain killers almost every day. As such All the employees with disabilities may be allowed a special allowance of Rs. 2000/- PM as medical allowance.

4. Additional Casual Leaves:- The disabled persons require frequent medical attendance, and other additional necessities, for which they need more casual leaves. The Government of India is also allowing additional casual leaves to the employees with disability keeping in view of their special needs. In our state, the women teachers are also given 5 days of additional casual leaves in view of their special needs.
          We therefore request you kindly to recommend for 10 days of additional casual leaves to all the employees with disability.

5. Full pension to the disabled employees: - The government has extended 10 years of age relaxation to the disabled persons in recruitment s. Persons who are getting the age relaxation are not putting up the required service for full pension, which will throw them in a financial hardship after their retirement. Therefore we request you kindly to recommend for payment of full pension ie half of the pay last drawn (as is being allowed in respect of enhanced family pension) without taking the service into consideration to all the disabled employees or the period which is short falling may be considered as weight age as was given to SC and ST employees.

6. Mileage allowance:- Many of the disabled employees are not utilizing the LTC facility extended by the Govt. due to the problems in public transportation. The same problem is also being faced by them in official tours. We therefore request you kindly to allow mileage allowance to the disabled employees in official tours and LTC availment as is being allowed by Government of India.

7. Special Allowance for child care for women employees with Disabilities on the lines of Government of India:- The Government of India have provided extra benefit of Child care allowance of Rs.1000/- PM  to women employees with disabilities especially when they have young children and children with disability. The Women employees with disability are subjected to more stress and strain compared with normal women employees, as their life itself is burdensome to them and besides they have to play the roles of a mother, employee and house wife.
In view of the above we request you kindly to recommend for the special Child care Allowance of Rs. 2000/- PM on the lines of government of India to the women employees with disabilities.

8. Deputation facility for acquiring further qualifications:- The government is allowing on Duty (Deputation) facility to the SC and ST employees for acquiring additional qualifications during the employment because of their late brought up and backwardness. The disabled persons are also facing the same problem of late brought up due to the deformity.
We therefore request to kindly recommend extending the OD facility to the employees with disabilities on par with the SC and ST employees.

9. Insurance Scheme to the disabled employees:- As per the Art.67 of the PWD Act, the appropriate Govt. has to frame an Insurance Scheme and instead of framing Insurance scheme an alternative Security Scheme may be framed for its disabled employees. Whereas, this provision is not implemented even after lapse of 18 years, after enacting PwD act.
We therefore request you to kindly, recommend for framing a Security Scheme or an Insurance Scheme for disabled employees as prescribed in the PwD Act.

10. Barrier free environment in offices: - The Employees with disability constitute weakest and cannot walk them selves, move by wheelchair and or with the help of others. It is a well known fact that all most all the office buildings, building entrances and immediate vicinities of buildings are unfriendly and inaccessible to disabled persons and most of the times disabled persons themselves make certain alterations and modifications to office environments where ever required at their own cost so as to maneuver inside office buildings and in the immediate vicinity of office buildings. Attending nature calls during office hours is another biggest nightmare for severely disabled persons. In terms of Sections 44, 45 and 46 of the PWD Act 1995, appropriate Government and Public Sector undertakings and local agencies shall provide barrier free environment in all office buildings and public utilities for easy access of persons with disabilities in the entire population. We request for reasonable and favorable recommendations in this issue.

11. Extending of pension to the disabled employees appointed on or after 01/09/2004:- we submit that the employees with disability, appointed, after introduction of Contributory Pension Scheme will not get the pension as is being allowed to the existing employees. According to CPS the employee has to contribute ten percent on the total of Pay + DA, without any option, resulting recovery of amount from the salary of the employee which is becoming a burden. This is applicable to all employees including disabled employees. The disabled employees, who are prone to additional & unavoidable expenditure, are unable to bear it. This will throw them into unstable and non secure future. 
We also invite your kind attention to the Government of India policy on the pension to defense personnel, which remained unchanged.
Therefore we request you kindly to recommend continuing the existing pension scheme which is in force prior to introduction of New Contributory pension Scheme, to employees with disability and extend the same to the Disabled Employees working in private and public undertakings including autonomous bodies also. (or)) Formulate a new separate pension scheme for the disabled employees recruited on after 01/09/2004 and working in Government/private and public undertakings including autonomous bodies in the interest of welfare of disabled employees.

12. RELAXATION IN TRANSFERS AND POSTINGS:- The disabled persons are generally dependents on somebody in their day to day life. Without the help of their spouse, relatives, and friends it is very difficult to stay in different places due to lack of facilities like special bathrooms, barrier free environment etc. The Government of India and the Banking Sector etc have evolved a separate transfer policy for transfers and posting of the disabled employees in their convenient place. In view of the above we request you kindly to recommend framing a transfer policy for retention / posting of the disabled employees in the places, where they have facilities and desire to work, with relaxation of ban on native mandal and dist. postings etc.

          We also submit that our Association will appraise the commission if allowed along with other service Associations in formulating the formula for PRC Recommendations.

In view of the above, we request you kindly to consider the above problems and recommend suitably for redress, for which act of kindness the entire disabled community shall be ever grateful and thankful to you sir. 
                                                                        Yoursfaithfully
                                                                    (K.AMRUTH REDDY)                                                                           PRESIDENT
Copy submitted to the Principal Secretary to Govt. Dept for the WCD&SC for kind necessary action.
Copy submitted to the Commissioner for the disabled Welfare AP, Hyd. with a similar request.

Saturday, 9 March 2013

Judgement in PIL 303/2012 as published in the net



THE HON’BLE THE CHIEF JUSTICE SRI PINAKI CHANDRA GHOSE
AND
THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
                                                                         
                                                             PIL Nos. 303 & 390 of  2012
DATED: 05.03.2013 

PIL No. 303 of 2012

Between:                                     
The Differently Abled Employees Welfare
Association, A.P., Canaranagar, Uppal,
Ranga Reddy district, rep. by its
President Sri K. Amrutha Reddy
                                                                                …  Petitioner
And

The Government of Andhra Pradesh,
rep. by its Chief Secretary to Government,
Secretariat, Hyderabad & Others.

                                         … Respondents
PIL Nos. 303 & 390 of  2012
COMMON ORDER:(per the Hon’ble the Chief Justice Sri Pinaki Chandra Ghose) 
          The first public interest litigation is filed questioning the action of the respondents in not extending the benefits of reservation to physically disabled persons by implementing the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (for short ‘the Act’), with effect from 07.02.1996 as illegal, arbitrary and for consequential directions to the respondents-authorities.
2.       The second public interest litigation is filed seeking a direction to the respondents-authorities to declare and publish the limitation period and validity of reservation for physically handicapped persons ‘OBC status and non-creamy layer status certificate’ and direct the respondents to consider the physically handicapped persons ‘OBC status and non-creamy layer status’ certificate within three years. 
3.       As the matter and the issues involved in these two matters are similar, they are disposed of by this common order.
4.       Heard the learned counsel appearing for the parties and perused the material on record.
5.       The learned counsel appearing for the Respondents– authorities stated that they are agreed to give effect to the Act itself, as per which the disabled persons can get their remedies in the matter in question with regard to the service, employment etc.  Therefore, no further orders are required to be passed in these matters.  
6.       In view of the above said submission and assurance made on behalf of the respondents-authorities to implement the Act itself properly, we only direct the respondents-authorities to consider the case of the petitioners in the light of the provisions of the Act and shall pass a reasoned order in the matter within a period of four weeks from today, after taking into consideration the Notification, which was issued to give effect to the Act. 
7.         Accordingly, both the PILs are disposed of with the above directions. As a sequel, the miscellaneous petitions, if any, shall stand disposed of accordingly. No costs.
05.03.2013

PINAKI CHANDRA GHOSE, CJ
                                                                     VILAS V. AFZULPURKAR, J

Tuesday, 5 March 2013

GO M s No 99 GA ( Services D) Dept dt 04/02/2013

GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
The Andhra Pradesh State and Subordinate Service Rules, 1996 – Amendment to
rule 22 relating to Persons with Disabilities – Orders – Issued.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
GENERAL ADMINISTRATION (SERVICES-D) DEPARTMENT
G.O.Ms.No. 99 .                                                                  Dated:4-3-2013.
Read the following:
1. G.O.Ms.No.436, General Administration (Services-D) Department,
Dated:15.10.1996.
2. G.O.Ms.No.252, General Administration (Services-D) Department,
Dated:28.08.2004.
3. G.O.Ms.No.23, Department for Women, Child, Disabled and Senior Citizens,
Dated:26.5.2011.
4 From Secretary, Andhra Pradesh Public Service Commission, Letter
No.335/RR/2013, dt.20-2-2013.
*******
O R D E R:
The following notification will be published in the Andhra Pradesh Gazette.
NOTIFICATION
In exercise of the powers conferred by the proviso to Article 309 of the
Constitution of India and all other powers hereunto enabling, the Governor of Andhra
Pradesh, hereby makes the following amendments to the Andhra Pradesh State and
Subordinate Service Rules, 1996, issued in G.O.Ms.No.436, General Administration
(Services-D) Department, dated the 15th October, 1996 as subsequently amended
from time to time.
2. The amendments hereby made shall be deemed to have come into force with
effect on and from 28.8.2004. However, this amendment shall not have the effect of
nullifying a benefit which has been granted or availed of under the Old Rule.
AMENDMENTS
In rule-22 of the said rules, in sub-rule (2) in clause (e),--
(1) for the existing order of rotation points 6th, 31st and 56th, the following shall be
substituted, namely,-
“6. Blindness or Low Vision (women)
31. Hearing Impaired (Open)
56. Locomotor Disability or Cerebral Palsy (Open)”
(2) in the proviso, for item (ii), the following shall be substituted namely,
“(ii) In the Second cycle of 100 roster points, the following points shall be
reserved as follows:-
“106. Blindness or Low Vision (Open)
131. Hearing Impaired (Women)
156. Locomotor Disability or Cerebral Palsy (Open)”
In the third cycle of 100 roster points, the following points shall be reserved
as follows:-
“206. Blindness or Low Vision (Open)
231. Hearing Impaired (Open)
256. Locomotor Disability or Cerebral Palsy (Women)”
The 6th, 31st and 56th turns in each cycle of hundred (100) vacancies shall be
allotted to the Blindness or Low Vision (Visually Handicapped), Hearing Impaired
(Hearing Handicapped) and Locomotor Disability or Cerebral Palsy
(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 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 vacancy shall be filled up by the employer 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 men candidates of the same category of disabled may be appointed.”
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
B.VENKATESWARA RAO
SECRETARY TO GOVERNMENT (Services & HRM)
To
The Commissioner, Printing Stationery & Stores Purchase, Hyderabad.
(for publication of the notification in the A.P.Extraordinary
Gazette and supply of 50 copies of the same)
All the Departments of Secretariat,
All the Heads of Departments.
The Secretary, APPSC, Hyderabad,
All the District Collectors,
All the Service Sections in GAD,
Copy to:
The Law (E) Department,
The WCD&SC (DW) Department.
The PS to Chief Minister.
The PS to Chief Secretary to Govt.

PIL 303/2012

It is pleasure to inform all the members of the association that the PIL No. 303/2013 filed by this Association has been disposed by the Honorable High Court of Andhra Pradesh to day ie on 05/02/2012 with a relief in favour of the employees with disabilities. The case was filed in 9/2013 seeking direction to implement the section 33 of the PWD Act 1995 wef the date of notification of the act, with retrospective effect, and other averments there in in the affidavit. The copy of the judgement will be placed in this blog for information of the members.
K.Amruth Reddy
President

Friday, 25 January 2013

Nomination of Liaison Officer and Setting up of Cell in each Ministry / Department for enforcement of orders of reservations in posts and services of the Central Government



No.43011/153/2010-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi-110001.
Dated the 4th January, 2013.

OFFICE MEMORANDUM
Subject:-Nomination of Liaison Officer and Setting up of Cell in each Ministry /
             Department for enforcement of orders of reservations in posts and services
             of the Central Government.
The undersigned is directed to say that the instructions have been issued by the Department of Personnel and Training from time to time for nomination of Liaison Officers, their roles, duties & responsibilities and setting up of a Special Reservation Cell in each Ministry / Department under the direct control of the Liaison Officer for enforcement of orders of reservation in posts and services of the Central Government.
2.         It is reiterated that in each Ministry/Department/Attached and Subordinate Office, the Deputy Secretary in charge of administration (or any other officer at least of the rank of Deputy Secretary) should be designated as a Liaison Officer in respect of matters relating to the representation of the Scheduled Castes, Scheduled Tribes and Persons with Disabilities. Similarly, instructions provide for nomination of separate Liaison Officer in Ministries/ Departments in respect of matters relating to the representation of the Other Backward Classes.
3.         The provisions about Liaison Officer, his role, responsibilities, control etc. and setting up of reservation cell is contained in Annexure.
4.         All Ministries / Departments are requested to bring the contents of this O.M. to the notice of all the attached and subordinate offices under their control and also ensure that the cells are set up expeditiously in the Ministry / Department and in Attached / Subordinate offices under administrative control of Heads of Department.

sd/-
(Sharad Kumar Srivastava)
Under Secretary to the Government of India




ANNEXURE

RESPONSIBILITIES OF THE LIAISON OFFICER:
The Liaison Officer is especially responsible for:
(i)         Ensuring due compliance by the subordinate appointing authorities with the orders and instructions pertaining to the reservation of vacancies in favour of the Scheduled Castes, the Scheduled Tribes and the Persons with Disabilities / the Other Backward Classes and other benefits admissible to them.
(ii)        Ensuring timely submission of SC/ST/OBC and PwD Reports / and II by each appointment authority in the Ministry / Department concerned and ensuring scrutiny and consolidation of the above reports in respect of all establishments and services in and under the control of the Ministry/Department and sending the consolidated reports in the prescribed proforma to the Department of Personnel & Training.
(iii)       The Liaison officers have to endorse the non-availability of an SC/ST/OBC Officer for being associated in the DPC before actually convening the DPC. Therefore, it will be one of the duties of the Liaison Officers to acquaint themselves well in time about the dates of various DPCs which will be held in future. He should have with him a ready list of officers of various levels belonging to SC/ST of a few sister Departments / Ministries so that whenever requirement arises, an SC/ST officer of appropriate level consistent with the level of the other members of the DPC and the level of appointment for which a DPC is proposed to be convened, can always be associated as a member. Such a list may be prepared by the Liaison Officers by informally consulting the administrative wing of other Ministries/Departments.
(iv)       Ensuring that while making a reference to the Department of Personnel and Training and to the National Commission for Scheduled Castes/the National Commission for Scheduled Tribes for de-reservation of reserved vacancies, full details in support of the proposal for de reservation are given.
(v)        Ensuring the extension of necessary assistance to the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes in the investigation of complaints received by the Commission, in regard to service matters and in the collection of information for their annual reports.
(vi)       Conducting annual inspection of the reservation registers/rosters maintained in the Ministry/Department/Offices under the control of the Ministry/Department with a view to ensuring proper implementation of the reservation orders.
(vii)      Acting as Liaison Officer between the Ministry/Department and the Department of Personnel & Training for supply of other information, answering questions and queries and clearing doubts in regard to matters covered by the reservation orders.
RESERVATION CELL:
2. Each Ministry/Department is required to set up a Special Reservation Cell within the Ministry/Department under the direct control of the Liaison Officer to assist the Liaison Officer in discharging of his duties effectively.

PRIVILEAGES OF THE LIAISON OFFICER:
3.         Cases of negligence or lapse in the matter of following the reservation and other orders relating to the Scheduled Castes, the Scheduled Tribes, the Persons with Disabilities and the Other Backward Classes coming to the light through the inspections carried out by the Liaison Officer or otherwise, should be reported / submitted by him to the Secretary/Additional Secretary to the Government of India in the respective Ministry / Department or to the Head of the Department in respect of offices under the Heads of Department, as the case may be. The concerned Secretary/Additional Secretary/Head of the Department shall pass necessary orders on such reports to ensure strict compliance of the reservation orders by the appointing authority concerned.
LIAISON OFFICERS IN PSUs etc.
4.         Each Public Sector Undertaking, Statutory and Semi Government Body, Autonomous Body / Institution including Municipal Corporations, Co-operative Institutions, Universities, Voluntary Agencies receiving grants in aid from the Government connected with appointment and promotion of the SC/ST candidates should appoint Liaison Officer in the same manner as is existing in the Ministries/Departments.
SPAN OF CONTROL OF LIAISON OFFICER OF MINISTRIES / DEPARTMENTS:
5.         The Liaison Officer of a Ministry/Department has to act as Liaison Officer in respéct of the matters relating to the representation of Scheduled Castes/Schedule Tribes/PWDs and OBCs in all establishments and services under the administrative control of the Ministry /Department. The instructions issued by the Department of Public Enterprises provide that each undertaking shall have Liaison Officer with functions similar to that of the Liaison Officer in Ministry/Department. The appointment of Liaison Officer in the undertaking does not, however, dilute or alter or curtail the responsibilities of the Liaison Officer of the administrative Ministry / Department in regard to implementation of reservation policy in the Undertaking. Liaison Officers of the Ministries!/Departments have special responsibility to monitor implementation of reservation in their attached & subordinate offices, Autonomous Bodies, PSUs under the administrative control of the concerned Ministry/Department and Voluntary Agencies which are getting substantial grant-in-aid from the Government of India. In order to ensure due compliance of the reservation orders of the Government, the Liaison Officers may periodically visit inspect the offices/organizations under them. They should ensure that reservation roster for SCs/STs/OBCs/PHs have been maintained properly and there is no gap in the entries made in the rosters, Liaison Officers should carry out their duties in relation to reservation by calling for the records from them and by convening the meetings of the officer of such organizations who are responsible for ensuring reservation in organizations under their control. If Liaison Officers of Ministries/Departments notice that there is flouting of reservation instructions by any officers or complaint against any officer of harassment or deliberate manipulating things to damage the interests of the weaker sections they should feel free to report such lapses to the Secretary / Additional Secretary of the Ministry/Department concerned without fear & hesitation of hierarchical disobedience.

Monday, 14 January 2013