FAQ on reservations for disabled persons in Central Government posts / services

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:

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.

sd/-
(G. Srinivasan)
Director (Res)

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No.12035/4/2015-Pol.II
Government of India
Ministry of Urban Development
Directorate of Estates

Nirman Bhavan,
New Delhi-110108.

Dated the 24th May, 2016

OFFICE MEMORANDUM

Sub: Clarification on facility of concessional retention of General Pool Residential Accommodation at the last place of posting to Central Government employees transferred to NER, Sikkim, Andaman & Nicobar Islands, Lakshadweep and to the State of J&K.

The concessional retention of General Pool Residential Accommodation (GPRA) to Central Government Civilian employees has been permitted at their last place of posting vide the Directorate of Estates OM No: 12035/31l96-Pol.III dated 79.1998 and OM No: 12035/2/90-Pol.II(Pt.II) dated 15.9.1998 on their transfer to NER, Sikkim, Andaman & Nicobar Islands, Lakshadweep and to the State of J&K. It has been brought to notice that some Central Government employees who have come on deputation to Delhi and other places and whose parent Offices are located in NER, Sikkim, Andaman & Nicobar Islands, Lakshadweep and to the State of J&K, on repatriation to their parent Office/Unit request for the facility of concessional retention of GPRA at the last place of deputation.

2. It is clarified that the facility of concessional retention of GPRA at the last place of posting for Central Government employees is permitted only when the allottee of GPRA is transferred to NER, Sikkim, Andaman a Nicobar Islands, Lakshadweep and to the State of J&K from other places and is not permitted to the Central government employees who are repatriated back to his/her parent office in NER, Sikkim, Andaman & Nicobar Islands, Lakshadweep and to the State of J&K on completion of their deputation from other places.

sd/-
(Swarnali Banerjee)
Deputy Director of Estates(Policy)
2306 2505

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Appointment to a post on deputation basis is made for a period normally specified in the Recruitment Rules of the deputation post, unless the period of deputation is extended by the Government in terms of prevailing instructions. After expiry of such deputation period, the Government servant is required to revert back to the parent organization/ office. The Guidelines regulating premature repatriation from Central Deputation also provide for repatriation to parent cadre in certain cases such as to avail benefit of promotion. However, there are no specific instructions which require a Government servant on deputation to be reverted back to the parent organization/ office before retirement only to facilitate fixation of pensionary benefits.

Rule 33 of Central Civil Services (Pension) Rules prescribes the emoluments to be taken into account for calculating pension.

This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri Motilal Vora in the Rajya Sabha today.

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F.No.4/78/2006-P&PW (D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)

3rd Floor, Lok Nayak Bhawan
New Delhi-110 003.
Dated the 12th October, 2015

OFFICE MEMORANDUM

Subject: Deputation of Central Government servants to posts in Central Autonomous Bodies – Review of Policy

The undersigned is, directed to say that in accordance with the instructions contained in this Department of OM of even number dated 31.10.2007, appointment of Central Government employees in Central Autonomous Bodies can be made on immediate absorption basis only. Appointment of Central Government servants on deputation to the posts in the Central Autonomous Bodies can be made only after obtaining exemption from Rule of Immediate Absorption in respect of those posts from Department of Pension & Pensioners’ Welfare.

2. Keeping in view the difficulties being faced by Autonomous Bodies in filling up the posts due to the application of Rule of Immediate Absorption, the matter has been reviewed in consultation with Department of Personnel & Training and Department of Expenditure. In partial modification of the instructions contained in this Department’s OM dated 31.10.2007, it has been decided to allow appointment of Central Government employees to posts in Central Autonomous Bodies on deputation basis without seeking exemption from Rule of Immediate Absorption, if the Recruitment Rules for the posts speclfically provide for the appointment of Central Government employee on deputation. This relaxation will be subject to the following conditions:

i. The general principle of public interest shall be overriding factor in providing deputation as a method of recruitment. The general criteria for providing deputation as a method of recruitment would be non-availability of suitable persons for joining a post on regular basis from within or outside the organization. In other words deputation as a method of recruitment would be provided only if there are not enough posts in the feeder grade for appointment by promotion or if the candidates from Central Government are not likely to join the Autonomous Body on immediate absorption basis.

ii. Deputation as a method of recruitment may generally be provided in respect of the following categories of posts in the Autonomous Bodies.

a) Posts requiring specialized personnel in connection with scientific research or development of technology.

b) Posts in executive or senior management level i.e. post carrying a Grade pay of not less than Rs.7600/- in Central Autonomous Body having very close inter-action with policies and programmes of the Government.

c) Posts where the nature of the work requires employment of Government officers for security reasons or vigilance purposes.

d) Posts in newly established/temporary organizations ( upto a period of 5 years from the date of establishment).

e) Posts limited in number particularly in specialized fields where creation of a regular cadre is not feasible.

f) The number of posts to be exempted may be decided in each CAB on a case to case basis.

iii. The recruitment rules for a post in an Autonomous Body, which provide for deputation from Central Government employees, must have the approval of the Competent Authority in the Administrative Ministry /Department.

iv. In case the recruitment rules for a post in the Autonomous Body have not been notified or recruitment rules do not provide for deputation as a method of recruitment, then the existing instructions regarding seeking exemption from the rule of immediate absorption would continue to apply.

v. The recruitment rules must specify the maximum number/percentage of posts in a particular grade that can be filled on deputation. Appointment on deputation beyond the number specified in the Recruitment Rules would not be made by the autonomous body.

vi. In case it is proposed to make recruitment by deputation of Government employees in excess of the deputation quota provided in the recruitment
rules, specific approval of Administrative Ministry for making such recruitment by deputation would be obtained. If such a relaxation is approved by the Administrative Ministry, no further exemption from rule of immediate absorption would be required.

vii. There should be an entry in recruitment rules to the effect that the exemption from rule of immediate absorption is not required for appointment on deputation.

3. The above appointments would be treated as appointment on non-Central Staffing Scheme (non-CSS) posts. Thus, the ceiling on deputation period relating to CSS plus non-CSS will apply on such appointments.

4. All other provisions in the OM dated 31.10.2007, which have not been specifically modified in this O.M., would continue to be applicable.

5. The instructions regarding other clearances, including cadre clearance, required for appointment on deputation of Government employees to autonomous bodies would continue to be applicable.

6. All administrative Ministries/Departments are requested to take note of the above decisions and also to bring the same to the notice of the Autonomous bodies under their administrative control for strict compliance by all concerned.

7. This issues with the approval of competent authority.

8. Hindi version will follow.

sd/-
(Harjit Singh)
Dy. Secretary to the Government of India

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