Madras HC rules NO quota in promotion for disabled.
In a recent decision, the Hon’ble High Court of Madras, has ruled that Disabled candidates, who are entitled to 3% reservation in jobs, cannot seek extension of the benefit to promotions as well. While the Court dismissed a writ petition seeking reservation of 3% of vacancies in promotions for disabled persons, the court observed that even under the provisions of the Persons with Disabilities (equal opportunities, protection or rights and full participation) Act, 1995, reservation can be made only after identification of posts. Those provisions are contemplated only for initial appointment and not for promotions.
Dear sir/madam,
I welcome the Madras HC rules NO quota in promotion for disabled. Promotion means holding a post at higher grade to bear a high responsibility. Getting a job means eliminate the starvation pretending in some way in the case of disability. I expect similar for all reserved posts. Also, I request for flow of currency to the needy with acting hands. At present, most of the money is flowing to the same pair husband and wife both, only one should be paid and one should be relieved from the job which earn money and the needy, starving is jobless.
Regards,
Let this judgment may be a pioneer for all resrvation cases in future!
S47 of the Personw With Disabilities Act, 1995 protects persons with disabilities against discrimination on the ground of disability. It at least ensures that the petitioner is not denied his due promotion. Unfortunately, the government has not fully implemented the 3% reservation for disabled persons as per S33 of the same Act. S32 of this Act also provides for identification of jobs for the disabled. The Centre has published a list of indentified jobs for the disabled on the web site of Ministry of Social Justice at http://socialjustice.nic.in
This list is not even followed. Few of the state governments have carried out any such survey. Nor have they followed the central list. The government should immediately ensure that disabled persons, particularly persons with visual limitations, are recruited in proper posts, and not as supernumeraries.
With best regards,
Amiyo Biswas.
The primary objective of reservation to any category is to give equal opportunity and right to live since they bound to go backward due to their insufficient social or physical conditions by birth. Give them some relaxations to get equal opportunities. Please note that it is only equal opportunities to get a job and let them live in the society decently with others. The reservation is giving to get equal opportunity and not excess opportunity. Once he entered in govt. service he has got equal status with other govt. servants. He has to get promotion and other benefits as provided to other colleagues, since they are now attained the same status. Please note that a newly recruited person take guidance and learn how to do the job from his senior and call him ‘Sir”. If he happened to get out of turn promotion on reservation and get the opportunity to have his senior as his subordinate, the opposite thing will happen i.e, his erstwhile superior has to call him as “Sir”. This situation will definitely give pain and feel disgrace to his erstwhile senior. This will give him some sort of enimity only. So reservation may please be treated as something to get equal opportunity only and not to get supremacy over somebody else.