FAQs on reservation to Persons with Benchmark Disabilities in posts/services under Central Government
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, |
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)
Sir,
I was appointed on 11.04.1980 at the post of Engineering Assistant in the pay Scale of Rs. 550-900,the pay scale,which upgraded for said post by the hon’ble Court/Apex Court New Delhi in All India Radio and Doordarshan. The All India Radio & Doordarshan, is now under Parsar Bharti under the Ministry of Information and Broadcasting, New Delhi.As I got promoted in 31.10.1986 as Senior Engineering Assistant in Pay Scale of Rs. 2000-3200. Again I qualified departmental exame under 25% quota Scheme and promoted as Assistannt Engineer . Since I qualified exame and thus got promoted very soon. The 75% quota was reserved on seniority-cum fitness basis for those Assistant Engineer,who did not qualify the exame and they became Assistant Engineer later on , i.e after me. Since pay scale were got merged by the 5th pay Commission but depatment made two scale,i,e 5000-8000, 5500-9000, 6500-10500 and placed these pay scale in Pay Band-2. Engineering Assistant were kept under pay scale Rs. 6500-10500 and Senior Engineering Assistant in pay scale of Rs. 7450-11500, which was a isolated pay scale as per 5th CPC. The pay of undersigned was fixed on dated 01.01.1996 in Grade Pay scale of Rs. 4800 including the placement in higher pay scale due to utilization my service under parsar Bharti. Since I completed a period of service of 16 years in one post as Assistant Enginner till 01.01.2006 and 26 years up to 30.04.2015 (till retirement ) without any promotion and without benefit of ACP/MACP,Since my pension is granted based oN Grade Pay Rs. 4800 w,e,from 01.05.2006 and granted all benefit based on Grade Pay Rs. 4800, whereas Assistant Engineer who joined after me as Engineering Assistant and got promotion under 75% quota based on seniority -Cum Fitness bases, have got pension based on Grade Pay Rs. 5400, Pay Scale Rs. 15600-39100, PB-3.It may not be out of place to mention that Engineering Assistant appointed on dated 01.01.1996 , got the higher pay scale compared to undersigned while being in higher post and longer service Career of 36 years.I retired on 30.04.2015 due to superannuation of service in PB-3, pay Scale of Rs. 15600-39100, G.P. Rs. 5400, which reduced by office after retirement and fixed pension at Grade Pay of Rs. 4800 after withdrawing MACP -II ((PB-2, GP Rs. 5400, scale Rs. 9300-34800) & MACP-III( PB-3, GP. Rs. 5400, scale Rs. 15600-39100). I, therefore request you to kindly look into the matter and expedite me as to whether I am entitled to get MACP/ACP under ACP/MACP Scheme, while I worked for about 26 years without promotion and without financial upgradation for such longer period from 31.08.1989 till 30.04.2015 (retirement) under such situation,when abovesaid pay scale were came to exist in an identical pay scale and got merged, then as to how the promotion is declared in my case. As such promotion can not be assumed untill and unless any financial pay scale is not granted on promotion as what is the use of ACP/MACP, which was a safety net for employees for the purpose of stagnation and lack of promotional avenues. I therefore , request you to examine the matter and expedite the same please. thanking you.
Kindly inform whether reservation for PwD is available on promotion also