Wednesday, 8 May 2013
Reservation for Physically Handicapped Persons
Section 2 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) (PwD) Act, 1995 stipulates "Disability" means-
(i) Blindness;
(ii) Low vision;
(iii) Leprosy-cured;
(iv) Hearing impairment;
(v) Loco motor disability;
(vi) Mental retardation;
(vii) Mental illness;
As per Section 2 (t) of the PwD Act, persons with disability means a person suffering from not less than forty percent (40 percent) of any disability as certified by a medical authority.
As per Section 33 of the PwD Act, 1995, every appropriate Government shall appoint in every establishment such percentage of vacancies not less than three percent for persons or class of persons with disability of which one per cent. each shall be reserved for persons suffering from-
(i) Blindness or low vision;
(ii) Hearing impairment;
(iii) Loco motor disability or cerebral palsy, in the posts identified for each disability:
Provided that the appropriate 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 notification, exempt any establishment from the provisions of this section.
As per Section 39 of the PwD Act, 1995, all Government educational institutions and other educational institutions receiving aid from the Government, shall reserve not less than three per cent seat for persons with disabilities.
Government has issued instructions that such persons should be provided reservation in all Groups of identified posts in the matter of direct recruitment and in Group ‘C’ and ‘D’ posts identified in the matter of promotion. Vide O.M. dated 26th December, 2012, Government has issued instructions to ensure that Persons with Disabilities (PwDs) get a fair opportunity in consideration for appointment to an identified post
The Government has finalized a Draft Rights of Persons with Disabilities Bill proposing reservation of not less than 5% of the posts for the PwDs.
This information was given by the Minister of State for Social Justice and Empowerment, Shri P. Balram Naik in a written reply to a question in Lok Sabha today.
Source : PIB Release, 7 May, 2013
Grant of Ex-Servicemen status to Army Postal Service Personnel
Personnel who were on deputation in Army Postal Service for more than 6 (six) months prior to 14th April, 1987 would also be considered as Ex-servicemen with all consequential benefits.
1(9)/2010/D (Res-I)
Government of India
Ministry of Defence
(Deptt. of Ex-Servicemen Welfare)
New Delhi the 10th April, 2013
OFFICE MEMORANDUM
Subject: Grant of Ex-servicemen status to Army Postal Service Personnel.
The undersigned is directed to refer to this Ministry’s OM of even No. dated 20/21.07.2011 on the above subject wherein it was stated that as per Order dated 26.03.2010 passed by Hon’ble AFT Chandigarh in connection with TA. No. 110 of 2009 (arising out of CWP No 15237/2009) filed by JC-105931 Ex-Sub Atma Singh & others Vs UOI & others, personnel who were on deputation in Army Postal Service for more than 6(Six) months prior to 14th April 1987 would also be considered as Ex- servicemen with all consequential benefits. It has been reported that Ex-serviceman status has not been given to such personnel as a result of which they are being denied the benefits available to Ex-servicemen. Some representations have been received in this regard from affected personnel also.
2. The matter has been examined in the department and with the approval of the competent authority, it is reiterated that that OM dated 20/21.07.2011 was issued based on the directions of the Hon’ble AFT very clearly stating that personnel who were on deputation in Army Postal Service for more than 6 (six) months prior to 14th April, 1987 would also be considered as Ex-servicemen with all consequential benefits. Hence a person who was on deputation in APS for more than 6 (Six) months prior to 14th April 1987 is to be considered as ESM.
Sd/-
(Vineet Saini)
Deputy Secretary (Res-I)
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