Viklang Sangh Umang

Regd. No. 231 Estd. 2011

Viklang Sangh Umang Off.703, Huda Sec.20(Part-11), SIRSA-12055 (Hry.)

Website : www.viklangsanghumang.org E-mail : [email protected]

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 : [email protected]

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