[AI] non filling of posts for PWD without due exemption

Rajesh Asudani rajeshasudani at rbi.org.in
Mon Aug 27 03:58:34 EDT 2007


Sir/Madam

Please find the advertisement of Union bank for various posts including customer relations executive [five hundred posts] attached.

The advertisement is a nice example of copying and pasting all the relevant provisions for reserving vacancies for persons with disabilities under section 33 of the persons with disabilities act. However, the bank has mentioned in the following clause as under:

b) As the Post Code - 05 (Customer Relationship Executive) involves a field job in 
sales and marketing, requiring a high degree of mobility on account of extensive 
travel, Persons With Disability would find it extremely difficult to handle the job 
requirements of this post, and hence, it is not possible for the Bank to employ PWD 
candidates for this post. 

It is to be noted that there are no other posts where reservation is made for anybody, because they are for different cadre having single vacancy each.

So, it becomes obvious that the bank does not intend to employ any person with any disability on the vacancies advertised by this advertisement which are more than five hundred, which is substantial number.

This blatant violation of provisions of law is without any exemption obtained as is contemplated under section 33 of the PWD act. If the bank truly is of the opinion that the nature of work is such that no person with disability would be able to perform it even with necessary modifications, it must obtain an exemption from the designated committee of the government.

Arbitrarily denying the reservation to the persons with disability is bad in law, utterly unjustified and liable to be quashed. Moreover, while granting exemption mentioned herein above, it must be established beyond any doubt that the nature of job is such as to be entirely unamenable to persons with disability.

The advertisement, despite nice copying, also mentions blind/partially blind and low vision. This term "partially blind" is nowhere defined in law and hence is unwarranted. It presages moves of employing nearly sighted persons by carving out third category within "blindness" [as was done by Maharashtra government and which retracted the move at least on paper, after extensive damage], which is already bifurcated into blindness and low vision.

Such arbitrary moves by employer,  need to be nipped in the bud by your institution and I wonder whether you have any special cell to monitor any such advertisements taking subtly what they purport to give.

Hoping that some action would be initiated against the errant parties.

Rajesh Asudani

Manager

Reserve bank of India

M.A. LL.M.

Ps: It is a common practice with your august institution not to even acknowledge e mails containing genuine complaints. So, a prayer to read and act on the aforementioned grievance and make known the action, at least to the complainant.

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