By Our Correspondent
BHUBANESWAR: Odisha Viklang Mancha has alleged that PWD State employees yet to receive reservation in promotion despite of Supreme Court judgement and Department of Promotion and Training Guidelines.
OVM State President Niranjan Behera said “But it is very unfortunate that having a clear cut Resolution No. 34450/Gen dated03.12.2013 passed by GA & PG Department, Govt. of Odisha regarding reservation inpromotion applicable to disabled employees, they are being deprived of reservation in promotion in Odisha,” Behera said.
“In spite of having judgments of the Hon’ble Supreme Court, the Government in SSEPD Department has not passed any clear instructions for implementation of promotion of the employees with disabilities of Govt. of Odisha following the criteria of the government in General Administration Department though no where SSEPD Department, Govt. of Odisha has categorically denied and superseded the previous Resolution No. 34450/Gen dated 03.12.2013 for promotion of disable Govt. employees of Odisha,” he added.
SSEPD department is the nodal department for PWDs established to protect and promote the rights of PWDs and other socially disadvantage group. Due to silence of the department, the PWD govenment employees are deprived of getting promotion as the SSEPD department has Failed to bring an appropriate of Resolution on 4%% reservation in promotion 1or persons with benchmark disabilities as far as parity with the DoPT Policy on Reservation in promotion to persons with benchmark disabilities notified on 17″ May 2022.
With reference to judgement of the Hon’ble Apex court on 14th Jan, 2020 anddirection of Apex Court dated 28.09.2021 in the Miscellaneous Application filed by the Central Government seeking clarification with respect to its judgement in Siddaraju vs. State o Karnataka, which declared that persons with disabilities have right to reservation promotions, Odisha government needs an urgent action to formulate policy for the promotion of benchmark disabled employees of state.
The Honble Supreme Court in its order, dated 28.09.2021, delivered in the ‘Application for Clarification’ in the matter of “Siddaraju vs. State of Karnataka’, Civil Appeal No. 1567/2017, directed the Government to issue instructions “at the earliest and not later than four months”, on “Reservation in Promotion’, as provided in Section 34 of the Righis of Persons with Disabilities Act, 2016. Accordingly, The DoPT on 17” May 2022 notified the policy on reservation in promotion to persons with benchmark disabilities in Central government posts.
The Rights of Persons with Disabilities Act, 2016 provides reservation of 4 percent for the persons with benchmark disabilities in appointments and promotion. This can be made in favour of persons with disabilities through the instructions issued by the appropriate Government. In this light Haryana, UP, Punjab, Goa, AP and Chattisgarh State Governments are issued notifications providing for reservation in promotion for disabled employees in their cadres.
Despite 7 years since the Act has come into force, no instructions have been issued by the Odisha government in term of proviso to Section 34 of the Right of Persons with Disabilities Act, 2016. The said proviso reads as “Provided that the reservation in promotion shall be in accordance with such instructions as are issued by the appropriate Government from time to time So, the authority of SSEPD department is required to take pro-active steps to issue instruction in favor of allthe state government departments to take a positive decision and suitably formulate a policy on reservation in promotion for person with benchmark disability of Odishaand notified the resolutionor adopt Office Memorandum No. 36012/1/2020 Est.(Res.-II) issued by Ministry of Personnel, Public Grievances and Pensions Department of Personnel and Training Dated, the 17th May, 2022, and give justice to persons with benchmark disabilities of state.
In spite of orders passed by GA & PG Department, Vide Resolution No. 34450/Gen dated 03.12.2013 of Govt. of Odisha, there is a deprivation of promotion in respect of Employees with Disabilities (PwD). Hon’ble Supreme Court of India, in their Judgement in Siddharaju case has clearly mentioned regarding the promotion criteria of Persons with Disabilities regarding Quantum of Reservation vide sub-clause 1.23 percent of the vacancies in case of promotion of Government employees as quoted below.
Within Group D
From Group D to Group C
iin) Within Group C
From Group C to Group B
Within Group B and
V)
From Group B to lowest rung of Group A During the year 2017 as well as 2021, the Government of Odisha in Social Security && Empowerment of Persons with Disabilities Department vide their Gazette Notification No.7140 dated 05.09.2017 enhanced the criteria of appointment of reservation in respect of persons with disabilities from three percent to four percent superseding all previous orders without indicating the reservation in promotion to the existing employees who are liable to get the promotion during their service period and due to this act of Government in SSEPD Department, the Government employees having disability are deprived of getting promotion to the desired extent as communicated by the G.A. & PG Department.
With deep concern, it may be pointed out that while communicating clarification of the fact of reservation for promotion to the Under Secretary, Revenue and Disaster Management Department; Shri JadumaniMahala, OAS(S), the Joint Secretary to Govenment, SSEPD Departmenthad categorically stated that “Disability cannot be treated as an extra merit or qualification while considering the matter of promotion of one” vide his letter No. 5189 dated 17.07.2020 and this act has badly resulted in deprival of promotion of the persons with disability in Government service.
The Hon’ble Supreme Court of India while disposing Miscellaneous application No. 2171 of 2020 in Civil Appeal No. 1567 of 2017 in respect of Siddaraju Vrs State of Karnataka and others, passed order on l6.09.2021 “5. Having examined the judgments of this Court and the submissions made on behalf of the parties, we are of the opinion that there is no ambiguity in the judgments which warrants any clarification. The Union of India is directed to issue instructions regarding reservation in promotion as provided in Section 34 of the Rights of Persons with Disabilities Act, 2016 within a period of four months from today. and the said Miscellaneous Application stands disposed of accordingly”
Further, The Principal Secretary to Government of SSEPD Department Mr. Nitin Chandra,IAS has issued directions to All departments vide his letter No- 7296/SSEPD. SSEPD-DA-2(A)-MISC-0032-2016 Dated-05.I0.2016 for Filling up 3 % reserved vacancies for PwD candidates in both initial recruitment and promotional post.
In his letter, thePrincipal secretary, SSEPD has categorically mentioned that, according to the Government Circular vide General Administration Department Resolution No-34450/Gen Dated-3d Dec 2013, all appointing authorities are required to fill up 3% vacancies reserved for PwD candidate under their Departments keeping in view the 100 point model roster. On the basis of which the District Collector Ganjam and Koraputhas already provided reservation in promotion to PWDs teachers.Most unfortunately, the Joint secretary of SSEPD department, Shri. JadumaniMahala in his letter No- 5189/SSEPD dated-17.07.2020 clarified that disability cannot be treated as an extra merit or qualification while considering the matter of promotion of one.
In the meantime, the Director of SSEPD Department, Smt. BratatiHarichandan, in her letter No- 7954/ SSEPD dated- 23.11.2020 clarified that, this provision doesn’t entitle any PWD to avail the benefit of promotion on out of the turn basis, all the 28 collectors except Ganjam and Koraput have deprived the PwD teachers from their due share of Promotion which not only harassed them but also deprived them from the entitlement of promotion in government service at par with non-disabled teachers which is a gross and wilful violationof equal employment opportunity as guaranteed under Article 16(1) of the Constitution of India, which is liable of punishment under Section 89 to 93 of RPWD Act, 2016.
