Physically Handicapped: RBE No.114/1986 – Reservation for PH
No.E(NG)II/85/RC-2/74, dated 26.06.1986
Sub: Reservation for the physically handicapped persons in Group ‘C’ and Group ‘D’ posts on the Railways.
1. Attention of Railway Administrations is invited to instructions contained in Ministry of Railways letter No.E(NG)III/78/RC-1/54, dated 08.01.1978 regarding employment of physically handicapped persons in Group ‘C’ and Group ‘D’ posts on the Railways. It was laid down therein that reservation should be made for each of the categories of physically handicapped persons that is 1% for the Blind, 1% for Deaf and 1% for the orthopedically handicapped. Subsequently the percentage of posts to be reserved for employment of physically handicapped persons on Railways was raised vide Ministry of Railways letter No.E(NG)II/80 RC1/67, dated 28.08.1980, to 15% of vacancies in identified categories or other categories where the Railways consider that physically handicapped persons can be recruited (5% each for the Blind, the Deaf, and the Orthopedically handicapped).
2. The question whether the said reservation for the physically handicapped is to be computed on the basis of vacancies occurring only in these Group ‘C’ and Group ‘D’ posts which have been identified as suitable for the physically handicapped persons or on the basis of the total vacancies, has been reconsidered. It has now been decided that with effect from 01.01.1986, the reservation for the physically handicapped in Group ‘C’ and Group ‘D’ posts shall be computed on the basis of the total number of vacancies occurring in all Group ‘C’ and Group ‘D’ posts. The recruitment of the handicapped would, however, be only in the posts identified to be suitable for them, subject to the overall ceiling of 50% reservation in that post as laid down by the Supreme Court. In this connection a copy of O.M. No.36035/17/85 ESTT(SCT), dated 1st April, 1986 from the Department of Personnel & Training is sent herewith for information and guidance.
3. In view of the above, the Department of Railways have now decided that on Railways too the reservation of vacancies for the physically handicapped persons should, with effect from 1st January, 1986, be 3% (1% each for the blind, the deaf and the orthopedically handicapped persons) of all the vacancies occurring in Group ‘C’ and Group ‘D’ posts. The employment of physically handicapped persons will however, be only in posts which are identified to be suitable for their employment. The instructions contained in Ministry of Railways’ letter No.E(NG)II/80/RC1/67, dated 28.08.1980 cited above, stand modified accordingly.
4. The methodology for calculating the vacancies and for filling up of the same outlined in the enclosed O.M. dated 1st April, 1986 of the Department of Personnel and Training may be followed with suitable adjustments found necessary to suit the set up on the Railways. For this purpose, each Railway Administration may lay down as to which authorities will discharge the functions assigned to heads of Departments in the instructions of DOP. The Department of Railways however, desire that the overall control should be with the Chief Personnel Officer so that the Headquarters Personnel Department is in a position to oversee the implementation of these instructions and also, it constitutes a centralized agency on each Railway Administration for maintenance of requisite data and for furnishing the prescribed periodic returns.
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSION
(DEPARTMENT OF PERSONNEL & TRAINING)
No.36035/17/85-Estt (SCT), dated 01.04.1986
OFFICE MEMORANDUM
Sub: Reservation for the Physically Handicapped persons in Group ‘C’ and Group ‘D’ posts/ services under the Central Government.
1. The undersigned is directed to refer to the Department of Personnel & A.R. Office Memorandum No.39016/6/77-Estt(C), dated 04.11.1977 read with O.M. No.36035/14/83-Estt(SCT), dated 20.01.1984, on the subject mentioned above and to say that the question whether the 3% reservation for the physically handicapped is to be computed on the basis of vacancies occurring only in the Group ‘C’ and ‘D’ posts which have been identified as suitable for the physically handicapped persons or on the basis of the total vacancies occurring in all Group ‘C’ and ‘D’ posts respectively has been reconsidered in the context of the need for speedy rehabilitation of the physically handicapped. It has now been decided that with effect from 01.01.1986, the 3% reservation for the physically handicapped in Group ‘C’ and Group ‘D’ posts shall be computed on the basis of total number of vacancies occurring in all Group ‘C’ and Group ‘D’ posts respectively under each Head of Department in a Ministry/ Department/ Office, although the recruitment of the handicapped would be only in the posts identified to be suitable for them, subject to the overall ceiling of 50% reservation in that post as laid down by the Supreme Court.
2. As 3% reservation shall now have to be computed on the basis of vacancies occurring in both the identified and non-identified Group ‘C’ and Group ‘D’ posts, and since there are no reserved points for the physically handicapped in the roster for non-identified posts, the instructions laid down in this Department’s Office Memorandum No.39016/20/80-Estt(C), dated 27th March, 1981, O.M. No.36035/14/83-Estt(SCT), dated 20th January, 1984 and O.M. No.36035/4/84-Estt(SCT), dated 10th September, 1984 for effecting and carrying forward the reservation for various categories of physically handicapped through fixed points on the rosters, shall be deemed to have been withdrawn with immediate effect. Consequently, the 3% reservation for the physically handicapped shall now be computed in the manner laid down as under.
3. In the beginning of each year, every appointing authority shall assess the number of vacancies, actual as well as anticipated, for making direct recruitment to the various posts/ services under its administrative control. These vacancies shall be plotted on the separate rosters being maintained for different grades/ cadres in each office of the appointing authority for giving effect to reservations for Scheduled Castes/ Tribes. In the case of such vacancies occurring in posts identified as suitable for one or more of the categories of the handicapped, the appointing authority shall also work out the number of vacancies which could be reserved for the physically handicapped, after accommodating fresh and the carried forward reservation of Scheduled Castes/ Tribes, within the 50% ceiling as laid down by the Supreme Court. This exercise shall be completed within the month of January itself and the appointing authority shall send a report to the Head of the Department by 31st January of each year intimating the following details about the vacancies available with it:-
(i) total number of vacancies available and required to be filled by direct recruitment specifying (a) name of the post; and (b) Groups to which it belongs (Group ‘C’ or ‘D’);
(ii) whether the post has been identified as suitable for the physically handicapped, and if so, for which sub categories; and
(iii) in case of identified posts, the number of vacancies out of (i) above, which could be reserved for the physically handicapped after adjusting the fresh and carried forward reservations for SC/ST within the 56% ceiling. If after this exercise in January, more vacancies come up during the recruitment year, they will also be reported to the Head of the Department by each appointing authority as and when they occur so that the latter is in a position to reassess the computation of the reservation required to be made for the physically handicapped on a macro basis If it is less on account of some anticipated vacancies not materializing, that also may likewise be reported to the Head of the Department so as to enable him to make necessary adjustment at his level.
4. All Heads of Departments shall maintain a separate 100 points Register for this purpose, in which each cycle of 100 points shall be divided into three Blocks, comprising the following points:-
1st Block – Point No.1 to point No.33
2nd Block – Point No.34 to point No.67
3rd Block – Point No.68 to point No.100
All the vacancies so reported by the different appointing authorities will be entered in this Register for each group of posts (Group ‘C’ or ‘D’). The account shall be maintained on year to year basis separately for Group ‘C’ and Group ‘D’ posts/ services and will be closed on the 31st December of each year. For each block of vacancies, there shall be reserved one vacancy for the physically handicapped in post/ grade identified as suitable for one or more of the categories of the physically handicapped. After computing all the vacancies and determining the reservation for the handicapped, blockwise, in the manner indicated above, the Head of Department will be required to distribute these reserved vacancies for the handicapped among different appointing authorities in the light of availability of vacancies in the identified categories under the various appointing authorities. Care should also be taken that 3% reservation for physically handicapped is, as far as possible, distributed equally among the three sub-categories i.e. the Blind, the Deaf and the Orthopedically Handicapped, consistent with the appropriate identification. If the number of vacancies is such as to cover only one block or two, discretion as to which category of the handicapped should be accommodated first should vest in the Head of the Department, who should decide on the basis of the nature of the post, the level of representation of the specific handicapped category in the concerned grade/ posts etc. In the event of the reservation not being utilized in the same block in which it fell due, it shall be carried forward to the next block or blocks as the case may be in the same year. In such exigencies where the reservation could not be utilized in any of the blocks during the year, the same shall be carried forward in the subsequent three recruitment years at the end of which the reservation shall be deemed to have lapsed. Mutual exchange in the event of non-availability of specific handicapped category would be permissible according to the instructions contained in this Department’s O.M. No.39016/6/77-Estt(C), dated 04.11.1977 and O.M. No.39016/20/80-Estt(C), dated 30.12.1980.
5. After the reservation for the physically handicapped has been computed in the above manner, the Head of the Department shall inform the appointing authority of the specific category of handicapped who should be appointed in an identified post or grade, against the total distributed vacancies for each appointing authority. The appointing authority shall take on all the vacancies in the respective 40 point/ 100 point rosters being maintained for effecting reservation for Scheduled Castes/ Scheduled Tribes for posts under its control. In the rosters for the posts identified as Suitable for the physically handicapped, and in which vacancies are proposed to be reserved for this category as per the computation made and intimated by the Head of the Department, such number of vacancies to that extent required shall be reserved for the physically handicapped after adjusting the fresh and carry forward reservation for SCs/STs but subject to the overall 50% ceiling as laid down by the Supreme Court.
6. After the appointment bas been made against such a reserved vacancy for handicapped, the appointing authority shall furnish a compliance report to the Head of Department to facilitate the latter in assessing the quantum of carry forward as indicated in pare 4 above in case of non-availability of physically handicapped candidates to fill up the vacancies reserved for them. In case, any of the reserved vacancies for physically handicapped is filled by the appointment of a person from any of the sub-categories, the reservation would be deemed to have been utilized in pursuance of the principle of inter-se-exchange.
7. For the year 1986 the procedure laid down in the previous paragraphs may be followed immediately as if the assessment of vacancies is being made in the beginning of 1986 taking into account the vacancies including those which have arisen in 1986 and already filled up. The appointments of handicapped persons already made in accordance with the roster points as per instructions existing prior to the issue of this O.M. may be adjusted against vacancies to be reserved for physically handicapped persons on the basis of the instructions contained in this O.M. After such adjustments the appointing authorities may be intimated the details of the vacancies to be filled up as instructions contained in para 5 of this O.M.
8. Ministry of Finance etc. are requested to bring the above instructions to the notice of all the Heads of Departments and appointing authorities under their control for necessary compliance and also ensure that the reservation as provided in the above manner is effectively monitored to cut down on all possible delays.
Download Railway Board Circular RBE No.114/1986
Forward reference ⇒ RBE No.