Frequently Asked Questions (FAQs) on reservation to Persons with Benchmark Disabilities in posts/services under Central Government

FAQ on reservations for disabled persons in Central Government posts / services

No.36035/02/2017-Estt (Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
dated the 25 March, 2019

Subject: Frequently Asked Questions (FAQs) on reservation to Persons with Benchmark Disabilities in posts/services under Central Government - reg.

This Department receives references from various Ministries/Departments seeking clarification on instructions with regard to reservation for Persons with Benchmark Disabilities issued vide OM of even number dated 15.1.2018; therefore, a set of Frequently Asked Questions (FAQs) have been answered as under for their use:

Q.1 Whether the reservation for Persons with Benchmark Disabilities are vacancy based or post based?
Answer: Reservation for. Persons with Benchmark Disabilities is vacancy based as per Section 34 of the Rights of Persons with Disabilities Act, 2016.

Q.2 What categories of specified disabilities are covered for reservation and what is the percentage allocation of reservation for each category of persons with benchmark disabilities?
Answer: As provided in Para .2 of the OM of even number dated 15.1.2018, categories of specified disabilities covered under reservation in posts and services of the Central Government vis-a-vis category wise percentage of reservation is as under:

a)	blindness and low vision;	1%
b)	deaf and hard of hearing;	1%
c)	locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;	1%
d)	autism, intellectual disability, specific learning disability and mental illness;	1%
e)	multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness,	1%

Q.3 Whether the Persons with Benchmark Disabilities can apply against the posts, which are not identified suitable for Persons with Benchmark Disabilities?
Answer: Persons with Benchmark Disabilities can apply only against the posts identified suitable for the relevant category.

Q.4 Whether any priority has been given in selection to any category of
disability?
Answer: Priority has not been given in selection to any category of Persons with Benchmark disability.

Q.5 Whether a Benchmark Disability candidate can compete for appointment against an unreserved vacancies?
Answer: Yes, Benchmark Disability candidates can compete for appointment by direct recruitment against an unreserved vacancy if selected without relaxed standards along with other candidates for those posts/services which are identified suitable for them.

Q.6 Whether the vacancies which are to be earmarked reserved for Persons with Benchmark Disabilities is to be computed on the total number of vacancies in the cadre strength in identified categories of posts as well as unidentified categories of posts.
Answer: Yes, vacancies which are to be earmarked reserved for Persons with Benchmark Disabilities is to be computed on the total number of vacancies in the cadre strength in identified categories of posts as well as unidentified categories of posts. However, recruitment of persons with benchmark disabilities would only be against the category of posts identified suitable for them.

Q.7 Whether a separate roster is to be maintained for Persons with Benchmark Disabilities irrespective of the post based roster applicable for SC/ST/OBC?
Answer: Yes, every Central Government establishment shall maintain group-wise separate 100 point vacancy based reservation roster register in the prescribed format for determining/effecting reservation for the Persons with Benchmark Disabilities – one each for Group ‘A’ posts filled by direct recruitment, Group ‘B’ posts filled by direct recruitment and Group ‘C’ posts filled by direct recruitment.

Q.8 What to do with vacancies reserved for any particular category(s) of Persons with Benchmark Disabilities cannot be filled due to non-availability of a suitable candidate, or for any other sufficient reasons?
Answer: As per Section 34(2) of the Rights of Persons with Disabilities Act, 2016, if in any recruitment year any vacancy cannot be filled up due to non-availability of a suitable person with benchmark disability or for any other sufficient reasons, such vacancy shall be carried forward in the succeeding recruitment year and if in the succeeding recruitment year also suitable person with benchmark disability is not available, it may first be filled by interchange among the five 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.

(G. Srinivasan)
Director (Res)

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Facility for Disabled and Senior Citizens on Trains and at Railway Stations

Facility for Disabled and Senior Citizens on Trains and at Railway Stations

Instructions exist for provision of Wheel Chair at stations. This facility is provided, duly escorted by coolies (on payment) as per present practice.

Almost all the Mail/Express trains (except special type of trains like Rajdhani, Shatabdi, Janshatabdi, AC Special, Duronto) including Garib Rath trains have been provided with at least one disabled friendly coach. SLRD (Second Class Cum Luggage Cum Guard Van & Disabled friendly compartment) coaches and Power Cars for Garib Rath trains having provisions for PWD (Persons with Disability) Compartment with air-conditioning are already in service. These coaches have wider entrance doors for wheelchair access. Besides, following features are also provided:

i) Wider entrance doors of 920 mm width against 782 mm in conventional body side doors.
ii) Handrails on side walls for providing assistance to the disabled.
iii) Wider aisle of 1050 mm instead of usual 570 mm (the seats alongside the sidewall have been removed).
iv) Wider cushioned Berths – 707 mm instead of 607 mm in conventional coaches.
v) To accommodate wheel chairs, space between berths increased to 1201 mm against usual 542 mm.
vi) Larger Lavatory: 1947 mm square instead of 1540 mm x1189 mm.
vii) Wider lavatory door provided: 840 mm instead of usual 520 mm.
viii) Additional grab rails provided in the lavatory.
ix) Lower height of wash basin and mirror in the toilet.

Zonal Railways have been authorised to introduce ‘Battery Operated Vehicles’ at major Railway Stations for Disabled, Old Aged and sick Passengers on first come first served basis through sponsorship from individuals, NGOs, trusts, Charitable institutions, Corporates and PSUs/Corporate Houses under their Corporate Social Responsibility with no charge to passenger or to the Railway.

Provision/augmentation of amenities at stations, including those for differently abled passengers is a continuous process. In order to provide better accessibility to differently abled passengers, short term facilities as detailed below have been planned at all stations:

· Standard ramp for barrier free entry.
· Earmarking at least two parking lots.
· Non-slippery walk-way from parking lot to building.
· Signages of appropriate visibility.
· At least one toilet (on the ground floor).
· At least one drinking water tap suitable for use by differently-abled persons.
· ‘May I help you’ Booth.

In addition, long term facilities as detailed below have been planned at ‘A-1’, ‘A’ & ‘B’ category stations:

· Provision of facility for inter-platform transfer.
· Engraving on edges of platform.

Instructions have been issued to zonal railways for providing above facilities at all ‘A-1’ category stations by July 2016 and to provide all identified short term facilities at 50% of stations by March 2018.

This Press Release based on information given by the Minister of State for Railways Shri Manoj Sinha in a written reply to a question in Rajya Sabha on 29.04.2016 (Friday).

PIB

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Posting of Government employees who have differently abled dependents – reg.

Dopt decided to include ‘Autism’ in the term ‘disabled’ – Orders issue
 

The autism spectrum disorder child requires constant caregiver support and it would be imperative for the Government employees to take care of their autism spectrum disorder child on continuous basis, it has been decided to include ‘Autism’ in the term ‘disabled’, as defined in Para 3 of the above-mentioned O.M. dated 06.06.2014

No.42011/3/2014-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 17th November. 2014

Office Memorandum

Sub: Posting of Government employees who have differently abled dependents – reg.

The undersigned is directed to refer to this Department’s OM of even number dated 06.06.2014 (copy enclosed) exempting a Government employee, who is also a care giver of disabled child, from the routine exercise of transfer/rotational transfer subject to the administrative constraints. The word ‘disabled’ includes (i) blindness or low vision (ii) hearing impairment (iii) locomotor disability or Cerebral Palsy (iv) leprosy cured (v) mental retardation (vi) mental illness and (vii) multiple disabilities.

2. The matter regarding the scope of ‘disabled’ has been examined in consultation with the Department of Disability Affairs. Considering the fact that the autism spectrum disorder child requires constant caregiver support and it would be imperative for the Government employees to take care of their autism spectrum disorder child on continuous basis, it has been decided to include ‘Autism’ in the term ‘disabled’, as defined in Para 3 of the above-mentioned O.M. dated 06.06.2014.

3. This issues with the approval of the MoS (PP).

4. All the Ministries/Departments, etc. are requested to bring these instructions to the notice of all concerned under their control.

sd/-

(G. Srinivasan)
Deputy Secretary to the Govt. of India

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/42011_3_2014-Estt.Res-17112014.pdf

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Allotment of Land to Physically Handicapped

3% Reservation in Allotment of Land to Physically Handicapped

Allotment of Land to Physically Handicapped

3% reservation in allotment of the shops/stalls is provided by the Directorate of Estates, Ministry of Urban Development, for physically handicapped persons. As per Delhi Development Authority’s (DDA) policy, 5% shops/stalls are reserved for the persons with disabilities as defined in Section 2 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (PwD) Act, 1995. Shops are allotted at Reserve Price through computerized draw of lots by the DDA.

Office of Chief Commissioner for Persons with Disabilities has stated that it has not received any complaint regarding non-formulation of schemes for preferential allotment of land at concessional rates to disabled persons for setting up business, houses, etc., in Delhi during the last three years.

However, in 2003, Chief Commissioner for Persons with Disabilities on the basis of a complaint received in 1999, vide order dated 27/06/2003 directed DDA to frame scheme in favour of Persons with Disabilities for preferential allotment of houses/land at concessional rate. Accordingly on 19.04.2004, DDA framed the existing policy for preferential allotment of houses/land to persons with disabilities.

Further on 09.10.2006, the Ministry of Urban Development (Delhi Division) reviewed the said policy of DDA and framed the existing policy for preferential allotment of houses/land to persons with disabilities in terms of Section 43 of the PwD Act, 1995.

Regarding the details of complaints received by Commissioner (Disability), Delhi, the information is not centrally maintained by this Ministry.

This information was given by the Minister of State for Social Justice and Empowerment, Shri Sudarshan Bhagat in a written reply to a question in Lok Sabha here today.

PIB

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Dopt Orders on Posting of Government employees who have differently abled dependents

Dopt Orders on Posting of Government employees who have differently abled dependents

 

No.42011/3/2014-Estt.(Res.) 

Government of India 

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel and Training

North Block, New Delhi

Dated the 6th June, 2014

OFFICE MEMORANDUM 

 

Sub: Posting of Government employees who have differently abled dependents – reg. 

 

There has been demand that a Government employee who is a care giver of the disabled child may not have to suffer due to displacement by means of routine transfer/rotational transfers. This demand has been made on the ground that a Government employee raises a kind of support system for his/her disabled child over a period of time in the locality where he/she resides which helps them in the rehabilitation.

 

2. The matter has been examined. Rehabilitation is a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, and psychiatric or a social functional level. The support system comprises of preferred linguistic zone, school/academic level, administration, neighbours, tutors/special educators, friends, medical care including hospitals, therapists and doctors, etc. Thus, rehabilitation is a continuous process and creation of such support system takes years together.

 

3. Considering that the Government employee.who has disabled child serve as the main care giver of such child, any displacement of such Government employee will have a bearing on the systemic rehabilitation of the disabled child since the new environment/set up could prove to be a hindrance for the rehabilitation process of the child. Therefore, a Government servant who is also a care giver of disabled child may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints.
The word ‘disabled’ includes

(i) blindness or low vision

(ii) hearing impairment

(iii) locomotor disability or Cerebral Palsy

(iv) leprosy cured

(v) mental retardation

(vi) mental illness and
(vii) multiple disabilities.

4. Upbringing and rehabilitation of disabled child requires financial support. Making the Government employee to choose voluntary retirement on the pretext of routine transfer/rotation transfer would have adverse impact on the rehabilitation process of the disabled child.

 

5. This issues with the approval of MoS(PP).

 

6. All the Ministries/Departments, etc. are requested to bring these instructions to the notice of all concerned under their control.

sd/-

(Debabrata Das)

Under Secretary to the Govt. of India

Source: www.persmin.gov.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/42011_3_2014-Estt.Res.-06062014.pdf]

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3% GOVERNMENT JOBS FOR DISABLED PERSONS

3% GOVERNMENT JOBS FOR DISABLED PERSONS

      SUPREME COURT DIRECTS CENTRE, STATES TO RESERVE 3% GOVERNMENT JOBS FOR DISABLED PERSONS.

The Supreme Court on Tuesday directed the Centre and all state governments to provide three per cent job reservation to disabled persons in all their departments, companies and institutions.

A bench headed by Chief Justice P Sathasivam also clarified that the principle of not exceeding more than 50 per cent reservation would not be applicable while granting quota for disabled persons.

The apex court directed the authorities to compile the number of vacancies in all their departments to give jobs to disabled persons under three per cent reserved quota within three months.

The bench said it is an “alarming reality” that disabled persons are not getting jobs because of various social barriers forcing them to live life in poverty and negligence.

It said the government has “categorical obligation” to protect the right of disabled persons and passed a slew of directions for providing jobs to them.

Source: http://www.centralgovernmentnews.com/3-government-jobs-for-disabled-persons/

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