Category of Complaint :

Description : Mr. C.S. Sivakumar filed a complaint before the Court of Chief Commissioner for Persons with Disabilities under Section 59 of the Persons with Disabilities (Equal opportunities, Protection of Rights and Full Participation) Act, 1995.

The complainant submitted that the respondent had published an advertisement in the Employment News dated 27 October - 2 November 2001 for various computer related specialist cadre posts i.e., Asstt. Manager (Systems), manager (System Analysis & Design), Dy. Manager (Networking), Dy. Manager (Programming - Oracle), Dy. Manager (Programming -C/C++) & Systems Administrator and Manger (Systems). The above posts are suitable for persons suffering from locomotor disability and hearing impairment. He alleged that 3% of the posts of Probationary Officer are reserved for orthopaedically handicapped only and no post is reserved for visually and hearing impaired persons. accordingly,3% of the Specialist Officers posts particularly the computer related posts should be reserved entirely for hearing impaired persons.

Judgement: The PWD Act does not envisage any weightage to be given ton any category of disability for which reservation is to be provided u/s 33 of the Act. The prayer of the complainant for reserving the computer related posts exclusively for Hearing Impaired and Visually Impaired persons cannot be granted. The respondent is advised to work out 3% backlog reservation for persons with disabilities in terms of the instructions issued by Ministry of Finance in Office as well as Clerical staff grades and fill them up at the earliest.