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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As per Section 34(1) of the Rights of Persons with Disabilities Act, 2016 every appropriate Government is required to appoint in every Government establishment, not less than four per cent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent, for persons with benchmark disabilities under clauses (d) and (e), namely:—
(a) blindness and low vision;
(b) deaf and hard of hearing;
(c) locomotor disability including cerebral palsy, leprosy cured, dwarfism, acid attack victims and muscular dystrophy;
(d) autism, intellectual disability, specific learning disability and mental illness;
(e) multiple disabilities from amongst persons under clauses (a) to (d) including deaf-blindness in the posts identified for each disability.

As per the repealed Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, 3 per cent reservation in vacancies was applicable to persons with disabilities having disability of 40 per cent or more. As per the Rights of Persons with Disabilities Act, 2016, reservation in vacancies has been increased to 4 per cent which is applicable to persons with benchmark disabilities only i.e. persons having disability of 40 per cent or more.

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No.25014/05/2016.AIS-II
Government Of India
Ministry Of Personnel, Public Grievance and Pensions
Department of Personnel & Training

North Block, New Delhi – 110 001
Dated 30th January, 2017

To

The chief Secretary of all the
State Government/UTs

Subject: Extension of scope of Department of Pension and Pensioner’s Welfare’s OM regarding ” Simplification of Pension process for permanently disabled Children/siblings and dependent parents” to All India Service officers/Pensioners-reg.

Sir/Madam,

I am directed to refer to this Department’s letter of even number dated 01.09.2016 whereby provisions of Department of pension and pensioner’s welfare’s OM 1/27/2011-P&PW(E) dated 01.07.2013 regarding “advance approval for grant of family pension to permanently disabled Children/siblings and dependent parents of the Central Government Pensioners” was extended mutatis-mutandis to permanently disabled children/siblings and dependent parents of all india service officers/pensioners.

2. Further, it is to state that in Department of pension and pensioner’s Welfare’s OM dated 01.07.2013 at para the word ” Appointing Authority” is used for central government pensioners where the “Appointing Authority” is the administrative Ministry which also issues the pension payment order unlike in the case of all India service officers/pensioners. Accordingly, it is hereby clarified that the word ” Appointing Authority” in respect of all india service officers/pensioners may be read as ” Competent Authority” for grant of advance approval in terms of provisions of Department of Pension and Pensioner’s Welfare’s OM dated 01.07.2013.

Yours faithfully,

sd/-
(Rajesh Kumar Yadav)
Under Secretary to Government of India

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No. 16(02)/2015-D(Pen/Pol)
Government of India Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi, Dated 8th August 2016

To,

The Chief of the Army Staff,
The Chief of the Naval Staff,
The Chief of the Air Staff,

Subject- Method of Calculation of disability where two types of IDs are involved.

Sir,

It has been observed during perusal of RMB/IMB proceedings that some Armed Forces Personnel have sustained some disability under category ‘B’ & ‘C’ as well as battle casualty under category ‘D’ & ‘E’ of Govt of India, Ministry of Defence letter No. 1(2)/97/D(Pen- C) dated 31st January, 2001 and composite assessment is made for all the disabilities by the Medical Board.

2. The composite assessment of disabilities may be equal to or less than the mathematical sum of percentage of disabilities. Since the calculation method of normal disability and war injury is different and assessment of disabilities including both i.e. normal disability and war injury are assessed as composite, therefore, in absence of clear directions/ guidelines, calculation of pension value for disabilities including both types of disabilities is not possible. It is also mentioned that rounding off benefit is presently given only in Invalidment cases attributable to or aggravated by military service and not in discharge cases.

3. Now, the issue has been analyzed in totality and the undersigned is directed to state that the methodology of calculation of pension values in cases where War Injury Element and Disability Element both exist may be carried out as follows. Firstly, the composite assessment for all accepted disabilities shall be derived. The higher element, i.e. War Injury Element (WIE) shall be deducted from the composite assessment and paid in full, irrespective of the pen::entage of assessment. The remainder shall be calculated as the normal Disability Element (DE). The minimum assessment criterion shall not be ‘applicable in such cases as the net assessment reckonable for WIE and DE together is more than 20%.

(a) Discharge Cases- Cases where Armed Forces Personnel are discharged from service on completion of prescribed terms of engagement, the higher element, i.e. the War Injury Element (WIE) Shall be deducted from the composite assessment and paid in full, irrespective of the percentage of assessment. The remainder shall be calculated as normal Disability Element (DE).

(b) Invalidment Cases- Cases where Armed Forces Personnel are invalided out on medical ground which is attributable to or aggravated by military service, the composite assessment and war injury element will be rounded off in terms of para 7.2 of GOL MOD letter No.1 (2)/97/D(Pen-C) dated 31.01.2001. Further, rounded percentage of War Injury Element (WIE) shall be deducted from the rounded percentage of composite assessment. The remainder shall be calculated as normal Disability Element (DE). The provisions of this letter shall take effect from the date of issue,

5. This issues with the concurrence of Finance Division of this Ministry vide their ID No 10(07)/2016/Fin/Pen dated 01/07/2016

6. Hindi version will follow,

Yours faithfully

sd/-
( Manoj Sinha)
Under Secretary to the Government of India

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GOVERNMENT OF INDIA (Bharat Sarkar)
MINISTRY OF RAILWAYS (Rail Mantralya)
(RAILWAY BOARD)

No. 2012/TG-I/20/P/Handicap

New Delhi, dated 16.11.2015

Chief Commercial Managers,
All Zonal Railways,

General Manager,
PRS/CRIS, Chanakyapuri,
New Delhi.

(Commercial Circular No. 67 of 2015)

Sub: Allotment of berths under physically handicapped quota.

As per extant instructions, handicapped quota of 2 berths in sleeper class (one lower and one. middle) is earmarked for physically handicapped persons travelling on concession.

1.1 There are two types of handicapped persons who can book berth under this quota; one for whom it is compulsory to travel along With escort and the second for whom it is optional. Recently instances were brought to the notice of this office where the handicapped persons for whom it is optional to. take an escort were not allowed to book single berth against this quota by some Railways since the second berth will go vacant as middle berth cannot be allotted to physically handicapped persons. This issue was also raised in Court of Chief Commissioner for Persons with Disabilities.

2. The matter has been accordingly examined and it has been decided. as under:-

(i) There will be two types of handicapped quota of two berths each (one lower and one middle) in the same cabin; one for physically handicapped persons who can utilize concession only when accompanied by an escort and the second for those handicapped persons for whom it is optional to take an escort with them.

(ii) As for the former category it is compulsory to be accompanied by an escort, these berths can be booked by such category of handicapped persons booking tickets on concession on first come first serve basis.

(iii) For the later, where. it is optional to be accompanied by an escort, if the first handicapped person intends to book berth along with escort, both the berths will be booked. However if the first handicapped person books without escort, the second berth will not be booked under handicapped quota and will be released to RAC/waitlisted passengers at the time of preparation of reservation charts.

(iv) Further, at the time of preparation of reservation charts, the unutilized lower berths under this quota can be released to physically handicapped passenger(of either category who were kept in general waiting list due to-exhaustion of their quota), single senior citizen travelling alone on priority
and thereafter to waitlisted passengers as per priority. In case a single berth. i.e. middle berth is left vacant in this quota of second category it will be released to RAC/waitlisted passengers.

(v) It has also been decided that whenever a physically handicapped person books ticket on concession and if no berth is available in handicapped quota, the system will automatically try to allot he lower berth to him/her and middle berth to escort subject to availability of same at the time of booking

(vi) CRIS will make necessary modifications in the software at the earliest but not later than 22.12.2015 under intimation to all Zonal Railways as well as to this office.

3. Necessary instructions may be issued to all concerned. After provision of this facility by CRIS, wide publicity to above changes may be made for information of general public.

(Sanjay Manocha)
Dy. Director Traffic Commercial (G)-II
Railway Board

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