Inclusion of persons with spine deformity/spine injury in the list of posts identified to be reserved for Persons with Benchmark Disabilities: DOP

Inclusion of persons with spine deformity/spine injury in the list of posts identified to be reserved for Persons with Benchmark Disabilities amendment to the notification dated 04.01.2021: DOP

F.No. SC-12/17/2022-SCT-DOP
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi-110001
Dated: 28th September, 2022

To

All Chief Postmasters General,
Chief General Manager, PLI Directorate,
Director, RAKNPA
Directors of all PTCs,

Subject: – Inclusion of persons with spine deformity/spine injury in the list of posts identified to be reserved for Persons with Benchmark Disabilities amendment to the notification dated 04.01.2021 04.01.2022 issued by Department of Empowerment of Persons with Disabilities.

Sir/Madam

I am directed to forward herewith a copy of Office Memorandum No. 30-12/2020-DD-III dated 07.09.2022 received from Department of Empowerment of Persons with Disabilities for strict compliance and necessary action.

Yours faithfully,

Encls:- As above.

(Tarun Mittal)
Assistant Director General (PE-I & SCT)
Tel:- 011-23096244
Email ID:- sctsectiondop [at]gmail.com

F.No. 30-12/2020-DD-III
Government of India
Ministry of Social Justice and Empowerment
Department of Empowerment of Persons with Disabilities (Divyangjan)
5th Floor, Antyodaya Bhavan, CGO Complex, Lodhi Road, New Delhi

Dated: 07.09.2022

OFFICE MEMORANDUM

Subject: Inclusion of persons with spine deformity/spine injury in the list of posts identified to be reserved for persons with benchmark disabilities – amendment to the notification dated 04.01.2021 issued by DEPwD – regarding

The undersigned is directed to refer to this Department’s OM No. 38-16/2020 dated 20.01.2021 regarding the list of posts identified to be reserved for various categories of persons with benchmark disabilities notified on 04.01.2021 and to say that Spine Injury (SI)/Spine Deformity (SD) was not clearly indicated in the said list. Hon’ble High Court of Delhi in its order dated 18.04.2022 directed this Ministry to elaborate the various categories under which persons with different disabilities could apply in recruitment of government posts.

2. In compliance of the said directions, the Department has issued a notification on 29.08.2022 (copy enclosed) amending the earlier notification dated 04.01.2021 to clarify the position in this regard. Persons with spine injury/spine deformity can be classified into the following two categories:

(i) persons with SD/SI without any associated neurological/limb dysfunction and

(ii) persons with SD/SI with associated neurological/limb dysfunction

3. As per the notification dated 29.08.2022, it has now been mandated that a separate sub category i.e. Spinal Deformity (SD) and Spinal Injury (SI) without any associated neurological/limb dysfunction shall be incorporated under Locomotor Disability in addition to OA, OL, BA, BL, OAL, BLOA and BLA. Thus, all the posts identified in the list stands identified suitable for persons with SD/SI without neurological/limb dysfunction.

Persons with SD/SI with associated limb dysfunction shall be covered under the respective sub category such as OA, OL, BA, BL, OAL, BLOA and BLA, as the case may be. For example, if a post is identified suitable for OA and OL, the post is also to be suitable for persons with SD/SI with associated limb dysfunction of OL/OA.

4. All Central Ministries/Departments are requested to adhere to the notification dated 4.1.2021 read with amendment notification dated 29.08.2022 and issue appropriate instructions to the organisations under their administrative control while filling up vacancies to be reserved for persons with benchmark disabilities. Appropriate instructions may also be issued to revise the application form including online portals so as to include all sub-categories/categories of persons with benchmark disabilities as envisaged in the notification dated 04.01.2021 read with notification dated 29.08.2022 for strict compliance.

Encl: As above

(Mrityunjay Jha)
Deputy Secretary to the Government of India
Tel: 24369045
Email: mrityunjay.jha[at]nic.in

To,
The Secretaries of all Central Ministries

File No. 38-16/ 2020-DD-III
Government of India
Department of Empowerment of Persons with Disabilities
Ministry of Social Justice Empowerment

Room No. 4, 5th Floor,
Pt. Deendayal Antyodaya Bhawan,
CGO Complex, Lodhi Road, New Delhi
Dated 20 January,2021

OFFICE MEMORANDUM

Sub: Identification of posts suitable for Persons with benchmark disabilities under the Rights of Persons with Disabilities Act, 2016- Notification regarding.

The undersigned is directed to Say that the central Government has enacted the Rights of Persons with Disabilities Act, 2016, which came into effect from 19.4.2017. As per Section 34(1) of the said Act, every Government establishment is required to reserve not less than four percent of vacancies for various categories of persons with benchmark disabilities 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 (a) to (d) above including deaf-blindness.

2. Section 33 of the said Act mandates the appropriate Government to identify posts in the establishments which can be held by respective category of persons with benchmark disabilities in respect of the vacancies reserved in accordance with the Provisions of section 34 of the Act. In accordance with the said provision, the Department has notified the list of posts suitable for various categories of persons with benchmark disabilities across all group of posts (A,B,C&D) on 4.1.2021 on the basis of the recommendations of an Expert Committee. This list supersedes earlier list of identified posts notified by this Ministry vide Notification No. 16-15/2010-DD III dated 29th July, 2013 in terms of the repealed Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation), Act, 1995.

3. A copy of the notification dated 4.1.202]1 (without annexure) is enclosed. Details of the notification with annexures are available on the website of the Department i.e. www.disabilityaffairs.gov.in. It can also be downloaded from the link http://egazette.nic.in /WriteReadData /2021/224370. pdf.

4. It may be noted that the list is not exhaustive and the Central Ministries and Departments, autonomous bodies/Central Public Sector Undertakings may supplement the list. In case a post in any organisation is not included in the notified list, the same may be identified on the basis of functional requirement vis-a-vis nature of duties.

9. All Central Ministries /Departments are requested to adhere to the notification dated 4.1.2021 while filling up vacancies to be reserved for Persons with benchmark disabilities and issue appropriate instructions to all autonomous bodies / central public sector undertakings under their respective administrative Control for Compliance.

List of Posts Identified Suitable for Persons with Benchmark Disabilities

Encl: As above.

(K.V.S. Rao)
Director
Tel: 24369054

MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
[Department of Empowerment of Persons with Disabilities (Divyangjan)]

NOTIFICATION

New Delhi, the 24th August, 2022

F. No. 30-12/2020-DD-III.—In exercise of powers conferred upon by Section 33 of the Rights of Persons with Disabilities Act, 2016, the Central Government hereby makes the following amendments in the notification number 38-16/2020-DD-III dated 04.01.2021 as under:

After Note 9 the following Note shall be inserted namely;

“Note 10: A separate sub category i.e. Spinal Deformity (SD) and Spinal Injury (SI) without any associated neurological/limb dysfunction shall be incorporated under Locomotor Disability in addition to OA, OL, BA, BL, OAL, BLOA and BLA. Thus, all the posts identified in the list stands identified suitable for persons with SD/SI without neurological/limb dysfunction. Persons with SD/SI with associated limb dysfunction shall be covered under the respective sub category such as OA, OL, BA, BL, OAL, BLOA and BLA, as the case may be.”

RAJESH KUMAR YADAV, Jt. Secy.

Source: Department of Posts