Saturday, 9 February 2019

Providing 4% reservation in appointment and in promotions in every Govt., establishment in favour of benchmark disabilities as per the Section 34 of the Rights of Persons with Disabilities Act, 2016. G.O.Ms.No. 4, Dated:09-02-2019



 GOVERNMENT OF ANDHRA PRADESH
ABSTRACT


Deptt., for Women, Children, Differently Abled and Senior Citizens-Providing 4% reservation in appointment and in promotions in every Govt., establishment in favour of benchmark disabilities as per the Section 34 of the Rights of Persons with Disabilities Act, 2016-Orders-Issued.

DEPARTMENT FOR WOMEN, CHILDREN, DIFFERENTLY ABLED AND SENIOR CITIZENS
G.O.Ms.No. 4                      Dated:09-02-2019






   
 
Read the following:
1.G.O.Ms.No.23, Deptt., for Women, Children, Disabled & Senior Citizens(DW),dated 26.05.2011.   
2. G.O.Ms.No.99,G.A(Ser.D)Deptt., dated 4.3.2013.     
3.G.O.Ms.No.42,Deptt., of WCDA&SC(DW)dt.19.10.2011     
4. G.O.Ms.No.188, GA(Ser.D)Deptt., dated 18.12.2017
5.From the Director(FAC), Welfare of Differently Abled, Transgender &             Senior Citizens, A.P Lr.No.C/2637/2017,dt.30.08.2018, Lr.No.D2/2637/             2018,dt.16.11.2018.

ORDER:-
        In consonance with the provisions of Section 36 of the PWD Act, 1995 (Central Act No.1 of 1996), Government have issued comprehensive orders, vide G.O.1st read above for providing 3% reservation in case of Direct Recruitment for persons or class of persons with disability of which one percent, each shall be reserved for persons suffering from (a) blindness or low vision; (b) hearing impairment; (c) locomotor disability or cerebral palsy.

2.    Accordingly, orders were issued, earmarking 3% of vacancies in case of direct recruitment for persons or class of persons with disability and had carried out necessary amendment to Rule-22 of the A.P.State and Subordinate Service Rules, 1996 vide G.O.2nd read above.

3.   Subsequently, in the G.O.3rd read above, orders were issued for implementation of 3% reservation in promotions to the disabled employees.  Accordingly, Government have issued necessary amendment to the A.P. State & Subordinate Service Rules, 1996 vide G.O. 4th read above, providing 3% reservation in promotions to the Differently Abled employees to all services of State Government where the cadre strength is more than five against their roster points 6 th , 31 st & 56 th  prescribed under rule-22 of the Andhra Pradesh State and Subordinate Service Rules, 1996 in tune with the orders issued vide G.O. 3rd read above.

4.    Section 34 (1) of the RPWD Act,2016  speaks that  in “Every appropriate Government shall appoint in every Government establishment, not less than four per cent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one per cent each shall be reserved for persons with benchmark disabilities under clauses (a), (b) and (c) and one per cent for persons with benchmark disabilities under clauses (d) and (e)”. 

5.   The Director, WDAT & SC in the letters 5th read above has stated that as per the Act 33 of the Persons with Disabilities (Equal Opportunities Protection of Rights and Full Participation) Act, 1995, Government provided three percent reservations in favour of persons with disabilities.  However, as per section 34 of the Rights of Persons with Disabilities, Act, 2016, the four percent has to be provided and accordingly, the roster point for the category of Autism, Intellectual disability, Specific learning disability, Mental illness and Multiple disabilities to be fixed at 82 in the 100 cycle of vacancies.  He has therefore, requested to issue necessary orders in the matter.

6.   Government after careful examination of the matter and in consonance with the provision of the Section 34 (1) of the RPWD Act, 2016, hereby order for  providing reservation in the appointments and in promotions in every Government establishment, not less than four percent of the total number of vacancies in the cadre strength in each group of posts meant to be filled with persons with benchmark disabilities of which, one percent each shall be reserved for persons with benchmark disabilities under clauses (a),(b) and (c) and one percent for persons with benchmark disabilities under clauses (d) and (e) namely;

     (a) Blindness and low vision,
     (b) Deaf and hard of hearing;
     (c) Locomotor disability including cerebral palsy, Leprosy cured, dwarfism,             acid attach victims and muscular dystrophy;
     (d) Autism, intellectual disability, specific learing disability and mental                     illness:
     (e) Multiple disabilities from amongst persons under clauses (a) to (d)                       including deaf-blindness in the posts identified for each disabilities.

7.    The General Administration (Ser.D) Deptt., shall issue necessary amendments to the A.P.State and Subordinate Service Rules, 1996 to that effect.

8.    All the Department of Secretariat, Head of Departments, all the District Collector and all the authorities concerned in the state, shall take further necessary action accordingly, to implement the above orders.

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
                 H.ARUN KUMAR
                                    SECRETARY TO GOVERNMENT (FAC)




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