Computation of reservation — implementation of the judgement of Hon’ble Supreme Court

Computation of reservation — implementation of the judgement of Hon’ble Supreme Court

COURT MATTER
TIME BOUND

No.36012/24/2009-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi
Dated the 20th March, 2014

OFFICE MEMORANDUM

Sub: Computation of reservation — implementation of the judgement of Hon’ble Supreme Court in the matter of Union of Inida & Anr. Vs. National Federation of Blind & Ors

In pursuance of the judgement dated 08.10.2013 of the Hon’ble Supreme Court in the matter of Civil Appeal No.9096 of 2013 [arising out of SLP(civil) No.7541 of 20091 titled Union of India & Anr. Vs. National Federation of Blind & Ors, this Department issued O.M No. of even dated 3RD December, 2013 modifying para 14 of this Department’s O.M dated 29.12.2005 to the following extent:

“Reservation for persons with disabilities in Group ‘A’ or Group ‘B’ posts shall be computed on the basis of total number of vacancies occurring in direct recruitment quota in all the Group A posts or Group posts respectively, in the cadre”.

2. It was also requested to compute number of vacancies available in all the cadres under their control including attached offices, subordinate offices, public sector undertakings, Government Companies, Cantonment Board, etc. in the aforesaid manner and further identify the posts for disabled persons within a period of three months from the date of judgement (8.10.2013) and implement the same without default. The Hon’ble Supreme Court directed that non-observance of the provisions of reservation for persons with disabilities shall be considered as an act of disobedience and the Nodal Officer concerned in Department /Public Sector Undertakings/Government Companies responsible for proper strict implementation of reservation for persons with disabilities be departmentally proceeded against for the default.

3. Vide this Department’s OM of even number dated 24th February, 2014, it was informed that the Petitioner i.e. National Federation of the Blind has filed an application in the Hon’ble High Court of Delhi and the Hon’ble High Court has directed to file a status report giving details of steps taken to implement the judgement of the Hon’ble Supreme Court including the appointments made, if any. Owing to inadequate response from the appointments made, if any. Owing to inadequate response from the Ministries/Departments, progress report on implementation of the judgement of the Hon’ble Supreme Court could not be placed before the Hon’ble High Court during the last hearing held on 12th March, 2014. The Hon’ble High Court of Delhi has given three weeks time to file the status report which has to be complied with.

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