RBE No.23/2018: Persons with Benchmark Disabilities

No.E(NG)II/2017/RC/1 Policy, 16.02.2018

Sub: Recruitment of Persons with Disabilities from open market on Railways – Instructions regarding.

Pursuant to the issuance of structures by Department of Personnel & Training vide their OM No.36035/2017-Estt(Res), dated 15.01.2018 regarding reservation for the Persons with Benchmark Disabilities with enactment of ‘The Rights Of Persons With Disabilities Act, 2016’ from 19th April, 2017 and notification of ‘The Rights Of Persons With Disabilities Rules, 2017’ on 15th June, 2017, the matter has further been logged in to by this Ministry and following amendments are made to this Ministry’s letter of even number dated 28.06.2017 issued under RBE No.62/2017.
(i) Para 4 be substituted with the following:

“4.  Quantum of reservation:

4.1 In case of direct recruitment, four percent of the total number of vacancies to be filled by direct recruitment, in the cadre strength of Non-gazetted staff shall be reserved for persons with benchmark disability.
4.2 Against the posts identified for each disabilities, of which, one percent is shall be reserved for persons with benchmark disabilities under the following clauses (a), (b) and (c) and one percent, under clause (d) and (e), unless otherwise exempted from the provision of reservation for persons with benchmark disabilities herein under:-
(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 form amongst persons under clauses (a) to (d) including deaf-blindness.”
(ii) Para 12 be substituted with the following:

12. Effecting, Reservation – Maintenance of Rosters:

12.1 Every Government establishment shall maintain group-wise a separate vacancy based 100 point vacancy based reservation roster register in the format given in Annexure for determining/effecting reservation for the Persons with Benchmark Disabilities – One each for Group ‘A’ posts filled by direct recruitment, Group ‘B’ posts filled by direct recruitment and Group ‘C’ posts filled by direct recruitment.
12.2 Each register shall have cycles of 100 points and each cycle of 100 points shall be divided into four blocks, comprising the following:

1st Block – Point No.1 to point No.25
2nd Block – Point No.26 to point No.50
3rd Block – Point No.51 to point No.75
4th Block – Point No.76 to point No.100

12.3 Points 1, 26, 51 and 76 of the roster shall be earmarked for persons with benchmark disabilities – one point each for four respective categories of disabilities. The Head of establishment shall ensure that vacancies identified at Sl. No.1, 26, 51 and 76 are earmarked for respective categories of persons with benchmark disabilities. However, the head of establishment shall decide the placement of the selected candidate in the roster register.
12.4 All the vacancies arising irrespective of vacancies reserved for persons with benchmark disabilities shall be entered in the relevant roster. If the vacancy falling at point no.1 is not identified for the Persons with Benchmark Disability or the Head of the establishment consider it desirable not to fill it up by Person with Benchmark Disabilities or it is not possible to fill up that post by the Persons with Benchmark Disabilities for any other reason, one of the vacancies falling at any of the points from 1 to 25 shall be treated as reserved for the person with benchmark disability and filled as such.
12.5 Likewise, a vacancy falling at any of the points from 26 to 50 or from 51 to 75 or from 76 to 100 shall have to be filled by the Persons with Benchmark Disabilities. The purpose of keeping points 1, 26, 51 and 76 as reserved is to fill up the first available suitable vacancy.
12.6 There is a possibility that none of the vacancies from 1 to 25 is suitable for any category of persons with benchmark disability. In that case two vacancies from 26 to 50 shall be filled as reserved for persons with benchmark disabilities. If the vacancy form 26 to 50 or also not suitable for any category, three vacancies shall be filled as reserved from the third block containing points from 51 to 75. This means that, if no vacancy can be reserved in a particular block, it shall be carried over into the next block.
12.7 After all the 100 points of the roster are covered, a fresh cycle of hundred points shall start.
12.8 If the number of vacancies in a year is such as to cover only one block (say 25 vacancies) or two (say 50 vacancies), the category of the persons with benchmark disabilities should be accommodated as per the roster points. However, in case, the said vacancy is not identified for the respective category, the Head of the establishment shall decide the category on the basis of the nature of the post, the level of representation for the specific disabled category in the concerned grade/post etc.

(iii) New para 21(a) and 21(b) be added after para 21 as under:
21(a) Certificate By Requisitioning Authority:

21(a)1. In order to ensure proper implementation of the provisions of reservation for persons with benchmark disabilities, the requisitioning authority while sending the requisition to the recruiting agency or authority as the case may be for filling up of the posts shall furnish the following certificate to the recruiting agency:-
“It is certified that requirement of ‘The Rights Of Persons With Disabilities Act, 2016’ which has become effective from 19th day of April, 2017 and the policy relating to reservation for persons with benchmark disabilities has been taken care of while sending the requisition. The vacancies reported in this requisition fall at point no. ….. of cycle no. ….. of 100 point reservation roster out of which …….. number of vacancies are reserved for persons with benchmark disabilities.”
21(a)2. At the time of initial appointment against a vacancy reserved for persons with benchmark disabilities, the appointing authority shall ensure that the candidate is eligible to get the benefit of reservation.
21(b) Maintenance of Register of complaints by the Railway establishment:
21(b)1 Every Railway establishment shall appoint a senior officer of the Department as the Grievance Redressal Officer at Divisional level and Head Quarters Level.
21(b)2. The Grievance Redressal Officer shall maintain a register of complaints of persons with disabilities with the following particulars, namely:-

(a) Date of complaint;
(b) Name of complainant;
(c) The name of the establishment or person against whom the complaint is made;
(d) Gist of compliant;
(e) Date of disposal by the Grievance Redressal Officer; and
(f) Any other information.

21(b)3. Any person aggrieved with any matter relating to discrimination in employment against any person with the disability may file a complaint with the Grievance Redressal Officer of the respective Government establishment.
21(b)4. Every complaint filed as per para 21(b)3 above, shall be inquired into within two months of its registration and outcome thereof or action taken thereon shall be communicated to the complainant/ person with Benchmark Disability.

Download Railway Board Circular RBE No.23/2018

Forward reference⇒RBE No.

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