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A candidate belongs to sc community, he was recruited as asst.manager under ph category, if he is promoted to manager post under ph category, will his post be considered for computing adequesy of SC representation in promotions. provide me documented proof
Asked 5 months ago in Labour from Nizamabad, Telangana
No 6/21/95 [SC/ST Cell] S No 9 CR 
Government of India 
Ministry of Industry 
Department of Public Enterprises

Block No 14, CGO Complex 
Lodhi Road 
New Delhi 110 003 
Dated: 16.03.1998
Office Memorandum
Subj: Reservation for the Physically Handicapped on posts filled by promotion
The undersigned is directed to enclose a copy of the Department of Personnel & Training's OM No 36035/7/95 - Estt (SCT) dated 18.2.97 and 36035/7/95 - Estt (SCT) dated 16.1.98 on the subject mentioned above and to request that all Administrative inistries/departments may bring the contents of the OMs under reference to the notice of all public sector enterprises under their administrative control for information and compliance.
CC Unnikrishnan
Under Secretary to the Government of India

A copy of this circular was given to all Chief Executives of PSUs, the Department of Personnel & Training, Ministry of Welfare, Shastri Bhawan, New Delhi.
No.36035/7/95 Estt.(SCT)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
............... 
Office Memorandum
Subject : Reservation for the physically handicapped in the posts filled by promotion.


The undersigned is directed to invite attention to O.M.No. 36035/8/89.Estt. (SCT) dated 20.11.1989 of the Department of Personnel and Training on the subject noted above. Subsequent to the issue of the afore said office Memorandum, a number of references are received from Ministries and Department regarding difficulties being faced in calculating/operating the posts reserved for the physically handicapped as per the office Memorandum. The matter has been examined in the light of the problems faced by Ministries departments and it has been decided that :
1.	For providing reservation to the physically handicapped in promotion, which would be 3 % of such posts, a separate register of 100 points will be maintained for a post identified to be manned by the physically handicapped, in which point No.33,67 and 100 will be reserved for the Physically Handicapped. The Heads of Departments may start the point No.33 with any kind of disability depending on the availability of feeder grade belonged to Orthopaedically Handicapped category he may utilize the point by promoting the officer, However, he must ensure hat there is proper rotation of reservation Handicapped persons promoted under the reservation provided for them as her the point in the above mentioned register should be placed in the appropriate category viz SC/ST/General candidates depending upon the category to which they belong in the promotion roster. To illustrate, if in a given year there are two vacancies reserved for the Physically Handicapped and out of two Physically Handicapped candidates promoted, one belongs to the Scheduled Castes and the other to general category then the Physically Handicapped SC candidate will be adjusted against the SC point in the reservation poster and the other general candidate against general category point in the relevant reservation roster. In case the number of vacancies against which promoting is made is less and none of the vacancies falls n points reserved for the SC or ST but one of the vacancies is to be reserved for the Physically Handicapped (as per the point in the register) and the officer promoted belongs to a reserved community, the next available reserved point in the reservation poster for that category will be utilized for adjusting the reserved candidate, e.g.if there are three vacancies falling under point 5, 6&7 which are to be treated as unreserved as peer the promotion poster out of which one vacancy has to be reserved for Physically Handicapped as per the point in the register and if the officer selected under the quota reserved for Physically Handicapped belongs to SC, he would be adjusted against the next available SC point i.e. Point No. 8. 
2.	In the cases where the percentage of posts filled by Direct Recruitment is 75% or more, no reservation will be provided for any category including the Physically Handicapped while filling up the posts by promotion. 
3.	While filling posts by promotion, by selection, against vacancies reserved for the Physically Handicapped, the Physically Handicapped candidates who are within the normal zone of consideration will be considered. Where adequate numbers of Physically Handicapped candidates, of the appropriate category of handicap are not available within the normal zone, the zone of consideration may be extended to five times the normal size and the Physically Handicapped persons falling within the extended zone maybe considered. In the event of non availability of an officer even in the extended zone the posts could be exchanged with other categories of handicap, identified for the relevant post and the reservation carried forward for the next three recruitment years, where after it will lapse. 
4.	In posts filled by promotion by non-selection, the eligible Physically Handicapped candidates can be considered for promotion against the reserved vacancies and in case no eligible Physically Handicapped candidate of the appropriate category of handicap, is available, the post will be exchanged with other categories of handicap, identified for it, and reservation carried forward for the nest three recruitment years where after it will lapse. 
All Ministries/Departments are requested to bring the above instructions to the notice of all Heads of Department and appointing authorities under their control for compliance. 
Sd/..
(Y.G. PARANDE)
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
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as per above mentioned circular if in a given year there are two vacancies reserved for the Physically Handicapped and out of two Physically Handicapped candidates promoted, one belongs to the Scheduled Castes and the other to general category then the Physically Handicapped SC candidate will be adjusted against the SC point in the reservation poster and the other general candidate against general category point in the relevant reservation roster. 
Ajay Sethi
Advocate, Mumbai
23267 Answers
1219 Consultations
5.0 on 5.0
A candidate belongs to sc community, he was recruited as asst.manager under ph category, if he is promoted to manager post under ph category, will his post be considered for computing adequesy of SC representation in promotions.

If the candidate was selected for the post under the PH quota exclusively reserved for SC candidates or under PH with further reservation for SC community, then he may be eligible for promotion prospectus reserved for SC community.  In my opinion, the eligibility for further promotion in the officer cadre may not be considered on the basis of community, because it was a facility offered for entry into service.  However if the promotion policy have reservation for SC community, this can be contested by the candidate though he joined under PH quota.Let the authorities reject his application/representation quoting the relevant governing rules in this regard after which the candidate can decide about taking up the issue legally. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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FOR PROMOTIONS, AS PER TELANGANA GOVERNMENT ROSTER 6TH POINT RESERVED FOR PH AND 7TH POINT FOR SC, 6TH IS FILLED BY PH CANDIDATE BELONGING TO SC COMMUNITY , AND 7 TH POINT IS NOT FILLED BY SC, AND SAID THAT ADEQUESY OF SC REPRESENTATION IS ACHIEVED. TO WHAT EXTENT IT IS CORRECT THAT CANDIDATE RECRUITED AND PROMOTED UNDER PH CATEGORY IS CONSIDERED FOR COMPUTING ADEQUESY OF SC REPRESENTATION? PH POINT IS SEPERATE AND SC POINT IS SEPERATE, HOW PH POINT IS TAKENT IN TO ACCOUNT FOR COMPUTING ADEQUESY OF REPRENTATION

This is a clear case of misinterpretation.  
The authorities appear to have erred in their decision without application of mind.
This can be represented on the same valid points raised by you.
A representation by legally and properly worded petition made by the aggrieved may fetch him some solace or at least try to rattle the issue by which the hidden agenda can come to limelight clearing the doubts about the ambiguity or irregularities that has taken place in such decisions. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
A EMPLOYEE WAS SUSPENDED WHEN HE WAS IN PROBATION, AND HE WAS REVOKED WITH MINOR PUNISHMENT, DOES IT EFFECTS HIS SENIORITY? DOES HE WILL BE EQUAL WITH HIS BATCHMATES?

The employee's annual assessment or appraisal record if remains in tact and not hampered due to this adverse report or remark, he shall be eligible for a promotion at par with his contemporaries.
Let the employee verify his appraisal record and confirm his eligibility.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

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