[AI] information on legal cases wanted

Safal Abhiyan Trust safalabhiyantrust at gmail.com
Wed Jan 5 00:35:48 EST 2011


On 1/5/11, amruthreddy kasarla <amruthreddy_k at yahoo.co.in> wrote:
> Madam I am glad to send you certain judgment particulars in respect of the
> reservation in employment for your information. You may also contact me
> further
> information if required.
> Amruth Reddy K
> Chairman,
> Differently Abled Employees Action committee,
> Andhra Pradesh, Hyderabad.
> Mobile No. 9951610757
>
>
>
>
> ________________________________
> From: Sruti disAbility Rights Centre <sruti.darc at gmail.com>
> To: accessindia at accessindia.org.in
> Sent: Tue, 4 January, 2011 11:02:48 AM
> Subject: [AI] information on legal cases wanted
>
> Dear all,
>
> I am writing a paper on Employment issues for persons with disabilities with
> focus on legal aspects for the forthcoming Rehabilitation Congress which is
> taking place in Kolkata this year.
>
> I would like to know whether there is any website from where I can get
> detailed information on cases fought by disabled people in Indian courts. I
> will be obliged if I any member can give me directions.
>
> With regards
> Shampa Sengupta
> Sruti Disability Rights Centre
> Celebrating Louis Braille's birthday, Jan. 4th.
>
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> the
> subject unsubscribe.
>
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>
>
Good morning madam, we are workinhg with Safal Abhiyan Trust New Delhi
first of all we whould intruduce our self, we have  told on last week
we are working with Safal Abhiyan Trust New Delhi.
Safal Abhiyan Trust is working for the rites for person with
Disabilities (PWD) Rites and security for women and educational rites
for child.
Today we would like to inform to all of you that we have our new
organization it has been started on  this month.
Our ain is to provide leagle assistance for person with disabilities
(PWD), provide education to the poor child send them to school without
any discrimination, provide rites and full security for women provide
to avareness to there rites and duties.
Friends, at this time we are asking to the govt organization about the
implementation of 3 % reserbvation in the job for the disable is using
in there department or not we are asking to them with the help of rite
to information (RTI) act 2005 with roster system?
We are filing RTI in the several govt organization, we appeal to all
of you please kindly support us for our work and give us your valuable
feedback, share your views with us.
We are working for the rites and security of women, if some incident
became with women or (PWD) also then they will go to police station
police does not write there complaint and close there matter withour
any solutions we are avare and ask about the reason to close there
matter without any resolution?
EDUCATIONAL rite for child:
We have seen a large number of children they don’t go to school due to
financial condition of there parents, we send to them school in the
nearest from there house. After a few month  we are going to establish
our primery educational institution for those who are poor children.
Last time we read about the incident with the blind in Delhi on the bus.
We would like to request to safe and care to the stranger.
We hardly request to all of you please kindly support, share and work
with us give your valuable feedback.
We are waiting for your positive and prompt response thank you
Yours
Mohammad Hashim
Gernal Sec Safal Abhiyan Trust rites for person with disabilities
Rites and security of women and educational rites for child
Email: safalabhiyantrust at gmail.com
Mob: +91-8826654692
Now we are sending an importent disision from next line about the
reserbvation for the disable person in gov organizations:
SpecialRecruitmentDrive.pdf

1
SPECIAL RECRUITMENT DRIVE FOR PWD MOST IMMEDIATE TIME
BOUND
No.36038/2/2008-Estt. (Res.) Government of India
Ministry of Personnel, Public Grievances and Pensions Department of
Personnel and Training
North Block, New Delhi
Dated the 27th November, 2009
OFFICE MEMORANDUM
Subject: Special Recruitment Drive to fill up the backlog reserved
vacancies for Persons with
Disabilities.
list of 2 items
1. The undersigned is directed to invite attention to this
Department's OM of even number dated 10th December, 2008 whereby a
Special Recruitment Drive
was launched to fill up the backlog reserved vacancies of the persons
with disabilities. The OM stipulated that reservation and backlog
reserved vacancies
would be determined on the basis of vacancies arising in the
establishment in accordance with the instructions contained in this
Department's O.M. No.
36035/3/2004-Estt(Res) dated 29.12.2005. However, the High Court of
Delhi in W.P.(C) No.15828/2006[National Federation of the Blind Vs.
UOI & Ors] held
that reservation to persons with disabilities should be calculated on
the basis of the strength of the establishment and passed orders for
computing the
quota and backlog of reservation as per their directions. This
Department, subsequently filed a Special Leave Petition (No. 7541 /
2009 ) in the Supreme
Court challenging the order of the Hon'ble High Court, and without
prejudice to the outcome of SLP, issued OM No.
36012/23/2009-Estt.(Res.) dated 4.5.2009
requesting all the Ministries / Departments etc. to implement the
order of the High Court. Since the principles on the basis of which
the Special Recruitment
Drive dated 10.12.2008 was launched were not in line with the orders
of the High Court, the Drive could not be continued after the decision
of the High
Court.
2. The Supreme Court vide their interim order dated 6.11.2009 in SLP
No.7541/2009 (Union of India & Others Vs. National Federation of
Blind) stayed the
directions of the High Court and reaffirmed the interim order passed
by it on 31.8.2009 whereby the Union of India was directed to file a
detailed status
report regarding the extent to which the posts had been identified and
filled up and also indicating the steps taken to fill up the vacancies
that had
arisen after the commencement of the 1996 Act. Pending final decision
of the Supreme Court, reservation for persons with disabilities shall
now be determined
and implemented in accordance with this Department's O.M. dated 29.12.2005.
list end
list of 2 items
2
3. Keeping all aspects in view, it has been decided to launch a fresh
Special Recruitment Drive to fill up the backlog reserved vacancies of
persons with
disabilities existing as on 15.11.2009 according to the following schedule:-
list end

table with 3 columns and 9 rows
SI. No
Action
Target Date
1.
Ministries / Departments may issue instructions to all appointing
authorities under their charge.
By 4.12.2009
2.
Ministries / Departments may collect information about backlog
reserved vacancies as on 15.11.2009.
By 31.12.2009
3.
Ministries/Departments/Appointing Authorities may report vacancies to
the UPSC/SSC/ concerned Recruiting Agency.
By 31.1.2010
4.
UPSC/SSC/Recruiting Agency may advertise the vacancies.
By 28.2.2010
5.
UPSC/SSC/Recruiting Agency may receive applications / nominations.
By 15.4.2010
6.
UPSC/SSC/ Recruiting Agency may hold Interviews/tests.
By 31.5.2010
7.
UPSC/SSC/Recruiting Agency may communicate information about the
selected candidates to the concerned Ministry/Department/Office
By 25.6.2010
8.
Ministry / Department / Appointing Authority may issue offers of
appointment to the selected candidates
By 15.7.2010
table end

list of 3 items
4. The following points would make the meaning of the "backlog
reserved vacancies of persons with disabilities" clear, which should
be kept in view while
determining the backlog:-
(i) If any vacancy earmarked reserved for any category of disability
in the initial year of recruitment cannot be filled due to
non-availability of a suitable
person with that disability or for any other sufficient reason, such
vacancy is left unfilled and is treated as a 'backlog reserved
vacancy' in the subsequent
recruitment year. Further details in this regard may be seen in this
Department's O.M. NO. 36035/3/2004-Estt(Res) dated 29.12.2005.
(ii) Prior to the issue of the O.M. dated 29.12.2005, if in any year,
suitable physically handicapped candidates were not available to fill
up a reserved
vacancy, the vacancy was filled by another category candidate and
reservation was carried forward for a period of up to three
recruitment years. During
that period, in the event of non-availability of suitable persons
list end
list of 1 items
3
list end
with disability, the reserved vacancies were not kept unfilled.
Nevertheless, it is
possible that some Ministries/Departments/ establishments might have kept some
vacancies earmarked reserved for the persons with disability unfilled
due to non
availability of persons with disability. If such vacancies exist,
these will be treated as
backlog reserved vacancies for the purpose of the Drive.
list of 2 items
5. It is important to note that the Government has to file a report in
the Supreme Court in terms of the interim order dated 31.8.2009
referred to in para
2 above. All the Ministries/Departments are, therefore, requested to
scrupulously monitor the Drive and review its progress from time to
time. The Liaison
Officer in the Ministry / Department should keep a vigil on the
progress of Drive in the Ministry / Department and all its attached
offices / subordinate
offices / public sector undertakings / autonomous bodies etc. If he
finds any problem in the matter, he may bring it to the notice of the
Secretary of
the concerned Ministry / Department who may in turn issue necessary
instructions.
6. The Ministries / Departments should collect information from all
the appointing authorities under them and send the following reports
to this Department:

list end

table with 3 columns and 4 rows
S. No.
Details of Report
PROFORMA
1.
Progress Report in respect of filling up of backlog vacancies in the
Ministries/ Departments/Attached/ Subordinate Offices.
Proforma I
2.
Progress Report in respect of filling up of backlog vacancies in the
Autonomous Bodies.
Proforma II
3.
Progress Report in respect of filling up of backlog vacancies in the
Public Sector Undertakings.
Proforma III
table end

list of 2 items
7. It is expected that a large number of the backlog vacancies would
be filled up by 15.2.2010 and remaining by 30.3.2010. If any vacancy
still remains
unfilled, it should be filled up latest by 15.7.2010. In order to
enable this Department to assess the progress of the Drive, the above
referred reports
should be sent to this Department three times - first by 15.2.2010,
second by 30.3.2010 indicating the progress made up to these dates and
final report
by 31.7.2010.
8. The Attached Offices/Subordinate Offices/Autonomous Bodies/Public
Sector Undertakings should not send the report direct to this
Department. They should
send the information to their administrative Ministry/Department which
will consolidate the information and send such consolidated
information to this
Department.
list end
list of 3 items
4
9. It is also emphasized that while filling up the current vacancies,
instructions about reservation for persons with disabilities contained
in this Department's
O.M. dated 29.12.2005 should be strictly followed.
10. Hindi version will follow.
list end
(K.G. Verma)
Director
Tel. No.2309 2158
To
list of 11 items
1. Secretaries of all the Ministries/Departments.
2. Liaison Officers for SCs, STs, OBCs and Persons with Disabilities
in all the Ministries / Departments.
3. All Officers and Sections in the Ministry of Personnel, Public
Grievances and Pensions and all attached/subordinate offices of this
Ministry.
4. Department of Economic Affairs, New Delhi.
5. Department of Financial Services, New Delhi.
6. Department of Public Enterprises, New Delhi.
7. Railway Board.
8. Union Public Service Commission/Supreme Court of India/Election
Commission/Lok Sabha Secretariat/Rajya Sabha Secretariat/Cabinet
Secretariat/Central
Vigilance Commission/President's Secretariat/Prime Minister's
Office/Planning Commission/Staff Selection Commission
9. DoPT, CS Division- DS(CS.I/DS-CSII)
10. Office of Chief Commissioner for Persons with Disabilities.
11. File No. 36012/23/2009-Estt(Res)
list end
list of 1 items
5
list end
PROFORMA-I
SPECIAL RECRUITMENT DRIVE 2009-2010 PROGRESS REPORT
(Consolidated information in respect of
Ministry/Department/Attached/Subordinate Offices)

table with 5 columns and 8 rows

DIRECT RECRUITMENT
PROMOTION
No. of Backlog vacancies Identified (as on 15.11.2009)
No. of Backlog Vacancies Filled
No. of Backlog vacancies Identified (as on 15.11.2009)
No. of Backlog Vacancies Filled
(1)
(2)
(3) .
(4)
(5)
GROUP A
-
-
NIL*
NIL*
GROUP B
-
-
NIL*
NIL*
GROUP C
-
-
-
-
GROUP D
-
-
-
-
Total
-
-
-
-
table end

Note:- There is no reservation for persons with disability in
promotion in Group A and
Group B Posts.
6
PROFORMA-II
SPECIAL RECRUITMENT DRIVE 2009-2010 PROGRESS REPORT
(Consolidated information in respect of Autonomous Bodies)

table with 5 columns and 8 rows

DIRECT RECRUITMENT WITMENT
PROMOTION
No. of Backlog vacancies Identified (as on 15.11.2009)
No. of Backlog Vacancies Filled
No. of Backlog vacancies Identified (as on 15.11.2009)
No. of Backlog Vacancies Filled
(1)
(2)
(3)
(4)
(5)
GROUP A or EQUIVALENT
-
-
NIL*
NIL*
GROUP B or EQUIVALENT
-
-
NIL*
NIL*
GROUP C or EQUIVALENT
-
-
-
-
GROUP D or EQUIVALENT
-
-
-
-
Total
-
-
-
-
table end

Note:- There is no reservation for persons with disability in
promotion in Group A and
Group B Posts.
7
PROFORMA-III
SPECIAL RECRUITMENT DRIVE 2009-2010 PROGRESS REPORT
(Consolidated information in respect of Public Sector Undertakings)

table with 5 columns and 8 rows

DIRECT RECRUITMENT
PROMOTION
No. of Backlog vacancies Identified (as on 15.11.2009)
No. of Backlog Vacancies Filled
No. of Backlog vacancies Identified (as on 15.11.2009)
No. of Backlog Vacancies Filled
(1)
(2)
(3)
(4)
(5)
GROUP A or EQUIVALENT
-
-
NIL*
NIL*
GROUP B or EQUIVALENT
-
-
NIL*
NIL*
GROUP C or EQUIVALENT
-
-
-
-
GROUP D or EQUIVALENT
-
-
-
-
Total
-
-
-
-
table end

Note: - There is no reservation for persons with disability in
promotion in Group A and
Group B Posts.





we have a lot of order and disision, but now we have a question the
question of implimentation.
We are waiting for your positive and prompt response thank you
Yours
Mohammad Hashim
Gernal sec Safal Abhiyan Trust rites for person with disabilities,
rites and security for women and educational rites for child
Email: safalabhiyantrust at gmail.com
Mob: +91-8826654692




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