RESPECTED MEMBERS,
• My name is Sukesh, working as Junior Engineer (Mech) in Andaman Lakshadweep Harbour Works (ALHW), posted at A & N Islands under the administrative control of Ministry of Shipping.
• I have joined in the department as Overseer (Mech) during the year 1991 and on selection I got the post of Junior Engineer (JE) during the year 1995. During the year 1996 the post of Overseer is merged with the post of JE consequent of implementation of 5th CPC report.
• I am a physically Handicapped person ( PWD-Ortho- 40%) by birth and have Medical Certificate Issued by the Medical Board. At the time of appointment I have submitted Disability Certificate to the department but my appointment was recorded as General Catagory.
• Necessary entries of my disability is recorded in my service book at the time my entry into service.
• At the time of promotion from Overseer to Junior Engineer, my promotional post is treated as OBC Catagory since I belong to OBC category.
• My next promotion will be to the Post of Assistant Engineer (Mech) , and as per the Recruitment Rule approved by the Ministry, the vacancy to the post of Assistant Engineer (Mech) will be filled up 100% by promotion on Seniority cum Fitness (SCF) basis from feeder cadre ie from Junior Engineer.
• I have submitted representation seeking my promotion to the post of Assistant Engineer (Mech) to Secretary Shipping through proper channel during December 2015 and made much representation with copies of relevant court orders. Still it is under process and i have not received any reply from the Ministry.
• During discussion my department has informed me that there is no DOPT order for giving reservation promotion in group B post. Also informed me that since I have entered in General/OBC quota so i cannot claim any benefits under PWD category.
• I have collected all the details of correspondence between Ministry and Department by filing RTI. From that it is revealed that even for Group C & D post, Department has not maintained any quota for PWD person either in appointment or in Promotion.
• My main pray is, once the post is identified, it must be reserved for PWD irrespective of the mode of recruitment adopted by the State/Department for filling up the AE Mech Post. There is no other way to ensure 3% or 4% representation of PWD in IDENTFIED POST of Assistant Engineer in ALHW except by way of three/four percentage reservation in promotion.
• Now the department has given recommendation to the Ministry to refer my case to DOPT.
Recent Court Verdicts and GOI orders related to PWD category emplacement:
• Government of India has implemented Person with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. Section 33 of said act mandates appointment in every establishment such percentage of vacancies not less than three per cent, for person or class of persons with disability. Now the Parliament has enacted law to enhance it from 3% to 4% and Gazette Notification is yet to be issued.
• Vide Notification No. 16-15/2010-DD-III dated 29th July 2013 of Ministry of Social Justice and Empowerment, has identified various posts suitable for PWD in Group A, B, C & D.
• In that list the post of AE (Mechanical) is a IDENTIFIED POST for PWD.
• Many Individuals and various organizations working for the welfare of disabled person has submitted many representation to issue revised order to ensure reservation promotion also from Class ‘D’ to Class ‘A’ post as per the provision in the section 33 of the disabled act.
• Disabled person has sought help of court of law, one of the organisations viz. National Confederation for Development of Disabled has filed Public Interest Litigation in the High Court of Bombay vide No. 106 of 2010 against Union of India and won the case in favour of them. By challenging the Judgement of Bombay High Court, the Government of India has filed a special leave to appeal ( c ) CC No. (s). 13344/2014 but the Supreme Court of India has up held the Judgement of High Court of Bombay.
• The apex court held that the Centre, States and Union Territories were obligated to implement the rules of reservation for this in the matters of appointment, selection, direct recruitment, deputation and also for promotion. The Supreme Court in its Judgement has declared that “Appointment will include promotion”.
• To comply with apex court order GOI is extended the reservation facility for Group A and B post and DOPT vide No.36035/16/9T-Estt (SCT) Dtd 18.02.1997 has issued order to implement the same in Govt Department but court verdict in true spirit is not implemented, the provision for reservation in promotion for Group B & A is not implemented but for Group C post reservation in promotion is already in vogue.
• It is understood that contempt court petition is under process in apex court to get it implement the Supreme Court verdict in its true spirit filed by the respective association.
• It is found that apex court has issued favourable order for PWD staff in BSNL there also higher post is identified for PWD but RR says 100 % promotion, so they filed WRIT PETITION (CIVIL) No.521 OF 2008 Rajeev Kumar Gupta & Others … Petitioners Versus Union of India & Others … Respondents WITH CIVIL APPEAL NO. 5389 OF 2016 (Arising out of SLP (Civil) No.244 of 2016) – and obtained favourable order and got reservation in promotion to Group A & B post.
• Favourable order has been issued by apex court in the following case also: case details- SERVICE BENCH No. - 1630 of 2013 Petitioner :- State Of U.P. Through Prin. Secy. Deptt. Of Rural Engineerin Respondent :- Sanjeev Kumar Jain & 3 Ors. Counsel for Petitioner :- C.S.C. Counsel for Respondent :- C.S.C.,B.K.Yadav,Manoj K. Yadav, Suresh Chandra Yadav. From 33 of Court No. - 4 Case
• Since the Department and Ministry is dragging my case since 31.12.2015 and at present there are four vacancies of AE (Mech) post. Once filled I won’t get any chance in near future.
• So please advise me at this stage what should be my future course of action.
Regards
Sukesh m
