Wednesday, January 7, 2015

Not convinced, Court directs second revision in DoPT Memo 29.12.2005 on Reservation for PwDs

Dear Friends,

Post the directions of the Hon'ble Delhi High Court in its judgment dated 17.07.2014 to the DoPT to carry out further modifications in Para 15 of the OM dated 29.12.2005  so that the directions of the Hon'ble Supreme Court to compute 3% of reservation on total number of vacancies in the cadre strength can be implemented, the DoPT has been playing tactics to avoid granting the dues to the stakeholders. 

Yesterday, i.e. on 07th Jan 2015, the DoPT posted on its website at link: Available OM for Persons with Disabilities  the following memorandum carrying out some "further" (second in series) modifications in to its earlier Comprehensive Memorandum on Reservation for Persons with Disabilities : 





Click here for a screen reader accessible copy of the above memorandum.  For all other memorandums by DoPT related to the disability subject click here: Available OM for Persons with Disabilities.

Objective behind the amendment
The objective of this amendment was to harmonize the Comprehensive Memorandum on reservation to persons with disabilities dated 29.12.2005 with the recent clarification of the Hon'ble Supreme Court  in Civil Appeal NO. 9096 of 2013 (arising out of SLP (Civil) No. 7541 of 2009) titled Union of India and Anr Vs. National Federation of the BLind and Others which I covered in my blog entry of Dec 10,  2013 titled Physically challenged Vs. Logically Challenged

Does this amendment bring anything new to the stakeholders?
Personally, I failed to find any major difference in the interpretation of said para 14 after two amendments at the direction of the Courts - it is nothing  but merely playing with the words. In nutshell, after a long battle in the court of law, the DoPT just added, "Separate rosters for Group 'A' posts and Group 'B' posts in the establishment shall be maintained."

Was this the intention of the legislature? Did the clarification of Hon'ble Supreme Court really meant this? Is DoPT really intending to giving the disabled their dues as per the spirit of the law and the clarification of the Hon'ble Supreme Court? These are the questions that the Babus of DoPT and Hon'ble PM Modi has to answer. We aren't happy with this attitude nor the way the disability subject is being handled by the departments particularly DoPT. 
  

8 comments:

Santerpal Singh said...

SIR , WHAT TO DO FURTHER SO THAT DISABILITY ACT 1995 IS IMPLEMENTED IN ITS TRUE SPIRIT ?

S.THIRUCHANGU said...

It pathetic to see a primitive clarificatory OM by DoPT after a civil appeal before the Supreme Court, a battle lasted for 8 year. God only knows regarding the expected OM on reservation in promotion for PwDs in Gr.A & B. Even after the dismissal of the Review petition against the UNION OF INDIA AND OTHERS .Vs. NATIONAL CONFEDERATION FOR DEVELOPMENT OF DISABLED & ANR no one knows what for the learned officers at DoPT are waiting.

Kamal Sharma said...

It shows sick mentality of GOVT & double standered on issue of disabled welfare . even a Secratory level officer does not complying to SC judgement is not possible w/o govt backing . On the one side parliament committee recomends action against those not complying disability law other side their immediate officers are challanging SC by playing with words . IT IS COMPLETLY NOT GOOD ...... PMO SHOULD THINK ABOUT IT ...

mani m said...

i agree with you

Sanjai Saxena said...

Clearly the DoPT is trying the linger on till the passing of new Act for Physically Handicapped were they may not give reservation in promotion for PwDs in Gr.A & B.

SWAPNA PRABHA said...

it is very horrible to see why DOPT is not responding the Supreme Court Landmark Judgement to give promotion in A and B groups

SWAPNA PRABHA said...

After declaring the landmark supreme court judgement for promotion in Group A and B why DOPT is not issuing the amendment the order so that many people who are verge of retirement will be benefited

Subhash Chandra Vashishth said...

Please see the update on Reservation in promotion for persons with disabilities settled finally by Hon'ble Supreme Court on 30 June 2016. http://disabilityrightsthroughcourts.blogspot.in/2016/07/supreme-court-says-section-33-entitles.html