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

harish kotian hpkotian at rbi.org.in
Mon Aug 27 04:59:28 EDT 2007

Hello all

Heads of NGO's and those associated with organisations for the blind, pl 
write to the Union Bank to revise their exclusion of posts.

If anyone can furnish the correspondence address and email ID's of Union 
Bank, recruitment board, pl make it available on the list.


----- Original Message ----- 
From: "Rajesh Asudani" <rajeshasudani at rbi.org.in>
To: <ccpd at hub.nic.in>
Cc: <accessindia at accessindia.org.in>
Sent: Monday, August 27, 2007 1:28 PM
Subject: [AI] non filling of posts for PWD without due exemption


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 
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 

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 

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


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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