Transcript
Regd. No. 231 Estd. 2011
Viklang Sangh Umang Off.703, Huda Sec.20(Part-11), SIRSA-12055 (Hry.)
Website : www.viklangsanghumang.org E-mail : viklangsanghumang.org@gmail.com
Bansi Lal Jhorar Naveen Sharma Rattan Singh Subhash Chander Kulria State President State Secretary Media Coordinator State Patron M. 99923-00147 M. 97286-90644 M. 94162-29195 M. 94662-09494
Rajesh Lohan State Vice President M.70150 17635
Richa Bajaj Nodal Officer (Women) M. 9896615550
Tejvir Singh President,Sirsa
M.98968 44991
Vedpal Raipur President,Hisar M.94165 90266
Navneet Kundu President,Jind M.94667 64255
Dal Singh President, Panipat M.94665 02700
Shyam S.Sharma President, Rohtak M.93158 48696
Mahinder Kumar President, Fatehabad M.97281 97871
Sunil Lather President,Sonipat M.94162 34869
Pardeep Attri President Karnal M. 82228 13717
Vijay Yadav President,M.Garh M. 94169 82758
Roshan Panwar President, Kaithal M..94160 80480
Mahesh Kumar President,Palwal M.94165 13320
Narinder Kumar President Kurukshetra M.98968 90041
Rupesh Kaushik President Panchkula M.62834 38621
C/J/382-83 dated 30.07.21
To
The Additional Chief Secretary
School Education Haryana
Civil Secretariat Haryana, Chandigarh
2.The Director Elementary Education Haryana
Shikha Sadan. Haryana
Panchkula
Sub:-Request for granting benefit of Reservation in Promotion to PwDs from JBT to TGT in the
Compliance of Honorable Court of State Commissioner for PwDs judgement dated 20.07.2021 in Case no
56/19 titled Viklang Sangh Umang Sirsa versus State of Haryana through its ACS School Education
Haryana and another
Respected Sir
Humbly Submitted that-
1.That Viklang Sangh Umang Sirsa Haryana is a registered association of PwDs and fully dedicated for the
welfare of Differently abled Community.
2.That Govt of Haryana has ordered all the Head of the department to grant benefit of Reservation in
Promotion to PwDs in all group Services vide Worthy CS Haryana instructions dated 17/19.04.2017.
3.That Govt of Haryana again clarified to all the Heads of department that benefit of Reservation in
Promotion to PwDs has to be given retrospectively with effect from 01.01.1996 vide Worthy CS Haryana
instructions dated 23.01.2018
4.Aggrieved from the ignorance of department,we filed a petition in the Honarable Court of State
Commissioner for PwDs Haryana, Department of Social Justice and Empowerment Haryana Panchkula
seeking directions regarding implementation of Reservation in Promotion to PwDs from JBT to TGT.
5.That Honarable Court has allowed the said petition directing the respondents to grant benefit of
Reservation in Promotion to PwDs from JBT to TGT with effect from 01.01.1996 with in 3 months
Concluding part of the Judgement is as given below-
9. I have minutely gone through the case file in the light of relevant rules and have come to the
conclusion that this is a fit case wherein it is strongly recommended to the respondent to provide 3%
deemed date reservation to all the eligible JBT Teachers as per mandate of PwD Act, 1995.
Regd. No. 231 Estd. 2011
Viklang Sangh Umang Off.703, Huda Sec.20(Part-11), SIRSA-12055 (Hry.)
Website : www.viklangsanghumang.org E-mail : viklangsanghumang.org@gmail.com
Bansi Lal Jhorar Naveen Sharma Rattan Singh Subhash Chander Kulria State President State Secretary Media Coordinator State Patron M. 99923-00147 M. 97286-90644 M. 94162-29195 M. 94662-09494
Rajesh Lohan State Vice President M.70150 17635
Richa Bajaj Nodal Officer (Women) M. 9896615550
Tejvir Singh President,Sirsa
M.98968 44991
Vedpal Raipur President,Hisar M.94165 90266
Navneet Kundu President,Jind M.94667 64255
Dal Singh President, Panipat M.94665 02700
Shyam S.Sharma President, Rohtak M.93158 48696
Mahinder Kumar President, Fatehabad M.97281 97871
Sunil Lather President,Sonipat M.94162 34869
Pardeep Attri President Karnal M. 82228 13717
Vijay Yadav President,M.Garh M. 94169 82758
Roshan Panwar President, Kaithal M..94160 80480
Mahesh Kumar President,Palwal M.94165 13320
Narinder Kumar President Kurukshetra M.98968 90041
Rupesh Kaushik President Panchkula M.62834 38621
It is seen that the rights of the PwD quo the deemed date promotion are constantly being denied by the
lethargic attitude of the concerned authorities especially depriving PwD employees enjoying the fruits of
their promotion which is a very serious matter.
10. Hon’ble Apex Court of India in a recent judgment passed on 28.06.2021 in Case titled as State of
Kerala Vs Leesamma Joseph have held that the reservation to the PwDs is horizontal in nature which is
to be provided w.e.f. 01.01.1996 when the PwD Act came into force and the same is to be provided on
the accrual of vacancies and not on the strength of the Cadre. It has also been held that promotion is a
constitutional right of the PwDs.
So in the welfare of Differently abled Community We humbly request you to grant benefit of
Reservation in Promotion to PwDs from JBT to TGT with effect from 01.01.1996 retrospectively in the
Compliance of Honorable Court of State Commissioner for PwDs Haryana Judgement paying due regards
to The Right of Persons with Disabilities Act,2016 otherwise we shall be helpless to file Court of
Contempt in the interest of Differenly Abled fraternity as well as justice.
Regards
State President,Viklang Sangh Umang Sirsa
D.A:- 1.Copy of judgement
IN THE COURT OF STATE COMMISSIONER FOR THE PERSONS WITH DISABILITIES HARYANA, SOCIAL JUSTICE AND EMPOWERMENT
DEPARTMENT, ANTODAYA BHAWAN, OPPOSITE COMMAND HOSPITAL, SECTOR 6, PANCHKULA, Phone. No. 0172-2929467
Bansil Lal Jhorar, State President, Viklang Sangh Umang (R) Sirsa
…Petitioner
Vs.
State of Haryana through ACS Govt. of Haryana, School Education Haryana & another
…Respondents
Case No. 56/19
Disposed of: 20.07.2021
ORDER
Present: Petitioner in person through video conferencing.
Respondents already ex-parted vide order dated 02.06.2021.
1. The petitioner has submitted that he, the State President of Viklang Sangh Umang (R)
Sirsa has filed the present petition in the representative capacity. He submits that a large
number of Persons with Disabilities have been appointed initially on the post of JBT
teachers and later on some of them were promoted as TGT Master, PGT and Elementary
School Headmaster. As per service rules, JBT teachers are entitled for the promotion to
the post of Master on the completion of three years of service on the basis of seniority-
cum-marriage against the post of promotional quota. A large number of PGT JBT
teachers have completed three years service and are thus eligible and are entitled for the
deemed date promotion as per PwD Act, 1995 w.e.f. 01.01.1996 with prescribed three
percent reservation to the handicap persons in the direct recruitment as well as in the
promotion.
2. The petitioner has relied upon Government of India, Ministry of Personnel Department
Office Memo dated 25.11.2005 wherein it is prescribed that quantum of reservation shall
be three percent on the vacancies in the cadre. The petitioner further submits that when
the State of Haryana didn’t comply with the aforesaid provision, the petitioner was forced
to file CWP no. 12741 of 2009 titled Viklang Sangh Umang Vs State of Haryana and
others wherein the stand of the State was that Section 32 and 33 of PwD Act, 1995
prescribes three percent reservation in the recruitment but the same is not available for
the promotion to class 3 and class 4 employees, however, the aforesaid writ was allowed
and the basis of said judgment, Chief Secretary Government Haryana vide letter dated
23.12.2002 directed the respondents to provide three percent reservation in the promotion
to the Persons with Disabilities strictly in accordance with the guidelines and instructions
issued by Government of India, Ministry of Personal dated 25.11.1999, however, no
fruitful action was taken by the State Government.
3. That Hon’ble Supreme Court of India in Civil Appeal number 9096 of 2013 titled Union
of India and others vs. National Federation of Blind and others has held as under:
“a. We hereby direct the appellant herein to issue an appropriate order modifying
O.M. dated 29.12.2005 and subsequent O.Ms consistent with this Court’s order
within three months from the date of passing of this judgment.
b. We direct the appropriate Government to compute the number of vacancies
available in the entire establishment and further identify the posts for disabled
persons within a period of three months from today and intimate the same without
default.
c. The appellant therein shall also issue instructions to all the Departments/Public
Sector Undertaking/Government Companies declaring that the non-observance of
the scheme of the reservations for the Persons with Disabilities should be
considered as an act of non-obedience and Nodal Officer in the
Department/PSU/Government Companies responsible for the proper strict
implementation of reservation of Persons with Disabilities, be Departmentally
proceed against for the default.”
4. The petitioner further submits that the State Commissioner for Persons with Disabilities
vide orders dated 23.05.2016 passed in Cases no. 165 of 2015 and 184 of 2016 had
recommended that 3% reservation in the recruitment as well as in the promotion be
provided to PwD employees in all cadres.
5. Government of India on the basis of Judgment passed by Hon’ble Apex Court in Civil
Appeal number 9096 of 2013 issued instructions dated 29.07.2013 providing 3%
reservation in promotion whereas State of Haryana issued instructions on 17.04.2017
vide which 3% horizontal reservation was to be provided to PwD employees w.e.f.
01.01.1996. The State of Haryana vide instruction dated 25.04.2018 confirms the
aforesaid reservation along with providing Roster points but the respondent in not
following the aforesaid instructions including the clarifications provided by Worthy Chief
Secretary Government Haryana to different Departments including later dated
04.06.2018, 25.04.2018, 11.06.2018, 11.08.2017 and many other clarifications including
the respondent Department.
6. The respondent submitted its written statement wherein the facts submitted by the
respondents were not disputed. It was submitted that only two cadres are available for
promotion under the ambit of Elementary Education Haryana i.e. TGT and Elementary
School Headmaster. As per Haryana School Education (Group C) State cadre Service
Rules, 2012 the Classical and Vernacular TGT cadre had already been declared as
diminishing cadre, therefore, no further recruitment is to be made in this Cadre either by
way of direct recruitment or by promotion. It was further submitted that Roster Points
have been provided by Government of Haryana vide Circular no. 22/106/2018-1GS-III
dated 01.05.2019 and accordingly the respondents are providing the reservation in
promotion to all the eligible candidates within a short period.
7. That vide Memo no. KW2-5-2019HRN-T(2) dated 16.04.2020 the Director Elementary
Education Haryana submitted the tentative seniority list of TGT having the disabilities
with a copy to the petitioner stating therein that the list dated 16.01.2020 is being
submitted for further orders.
8. That due to situation of Covid-19 no proceeding could take place in the present matter,
however, fresh notice was sent to both the parties to come and join the proceeding on
15.04.2021 but no response was received from the respondent despite of email dated
09.02.2021. Again notice was sent for 20.05.2021 vide email dated 15.04.2021 but again
respondent didn’t appear. Again a notice was sent on 20.05.2021 for 02.06.2021 through
email which was also not responded hence vide order dated 02.06.2021 the respondents
were proceeded as ex-parte.
9. I have minutely gone through the case file in the light of relevant rules and have come to
the conclusion that this is a fit case wherein it is strongly recommended to the respondent
to provide 3% deemed date reservation to all the eligible JBT Teachers as per mandate of
PwD Act, 1995. It is seen that the rights of the PwD quo the deemed date promotion are
constantly being denied by the lethargic attitude of the concerned authorities especially
depriving PwD employees enjoying the fruits of their promotion which is a very serious
matter.
10. Hon’ble Apex Court of India in a recent judgment passed on 28.06.2021 in Case titled as
State of Kerala Vs Leesamma Joseph have held that the reservation to the PwDs is
horizontal in nature which is to be provided w.e.f. 01.01.1996 when the PwD Act came
into force and the same is to be provided on the accrual of vacancies and not on the
strength of the Cadre. It has also been held that promotion is a constitutional right of the
PwDs.
In view of above, the present petition is allowed. The compliance report on Section 81
of RPwD Act, 2016 be submitted by the respondents before this Court on or before 3 months
from today. The file be consigned in the record room.
Raj Kumar Makkad
State Commissioner for Person with Disabilities, Haryana
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