NAPS

 

No reservation in restructuring

No reservation in restructuring

OA 2061 to 2004

 

Extended Panels

Extended Panels, Double Extended Panel

RBE No. 15/2021: Selections/ LDCEs 

Formation of extended Panels for Selections/ LDCEs for Promotion to Group-B posts. 

In terms of provisions contained in Para 204.9 of IREM Vol-I, formulation of panels for Group ‘B’ posts through Selections should consist of employees who have qualified in the said Selection and it should correspond to the number of vacancies for which the Selection was held. Similarly, in the case of Panels formed through LDCEs, names of candidates are arranged in the order of merit on the basis of total marks secured by them in commensuration with the number of vacancies. 

For adopting guidelines issued by DOP&T for formation of ‘Extended Panels’ for Group ‘B’ posts. ‘Extended Panels (EP)’ may be formed for Selections and LDCEs held for promotion to Group ‘B’ posts to the extent of officials getting empanelled to Group ‘B’ posts but retiring in the vacancy cycle itself.

Vacancy cycle	01.01.2020 to 31.12.2021 + 6 months anticipated vacancies i.e. upto 30.06.2022.
Number of vacancies assessed	13
Date of Group ‘B’ panel formed through Selection	29.12.2020
No. of empanelled candidates	13 (UR-8, SC-3, ST-2)
Empanelled officials retiring during 01.01.2020 to 31.12.2021	2 (1-UR, 1-SC)
Extended Panel to be framed for	2 (1-UR & 1-SC) – as per communal composition required.

 

IN SITU PROMOTION SCHEME

IN SITU PROMOTION SCHEME

 

(CAREER ADVANCEMENT OF GROUP C’ &D):

 

As a result of the recommendations of the Fourth Pay Commission, Selection Grades in the Group ‘C’ and *D’ have been abolished and a Scheme to ensure atleast one promotion in the service career to each Group ‘C’ and ‘D’ employees was introduced and is known as "in situ Promotion Scheme."

 

The Scheme is applicable to the employees:

(i)      Who are directly recruited to a Group ‘C’ or a Group ‘D’ post.

(ii)      Whose pay on appointment to such a post is fixed at the minimum of the scale, and

(iii)     Who have not been promoted on regular basis even after one year on reaching the maximum of the scale of such post. The Scheme carries the following basic features:

(a)    Group ‘C’ and ‘D’ employees who fulfill the conditions mentioned at (I), (ii) and (iii) above will be considered for promotion in situ to the next higher scale;

(b)  Promotion in situ will be allowed after following due process of promotion with reference to seniority-cum-suitability;

(c)     The employees will get promotion in situ to the next higher scale available to them in the normal line/hierarchy of promotion.

(d)   Employees given promotion in-situ will continue to be borne on the seniority list of the lower cadre/post and will be considered for functional promotion against available vacancies as per provision of the Recruitment and Promotion Rules.

Scheme of Best Among the Failed

Scheme of Best Among the Failed

Railway Board’s letter No.88-E(SCT)I/23/1, dated 28.06.1995 (RBE No. 57/1995).

Sub: In service training to the candidates who are below standard in case of promotion against reserve quota of SC/ST.

Inspite of all relaxations if the candidates from SC/ST categories do not secure minimum marks then out of failure 20% are taken as best among failures and they shall be trained for a period of 6 months and Govt should provide them all necessary facilities to enhance their knowledge and working and after 6 months a reports shall be prepared routed to Gm via SPO(RP) which will decide their continuance in the higher grade.

(Correction issued vide RBE 46/96)

RBE No. 44/2017: Promotion – Regularization – SC/ST – Scheme of Best Among the Failed  

Sub: Regularization of promotion by selection of SC/ST candidates through the “scheme of best among the failed candidates”.

Ref: Railway Board’s letter No.88-E(SCT)I/23/1, dated 28.06.1995 (RBE No. 57/1995).

Attention is invited to Railway Board’s letter No.88-E(SCT)I/23/1, dated 28.06.1995 (RBE No. 57/1995) wherein detailed instructions were laid down in regard to applicability of Scheme of Best among the failed candidates in case of promotion in non-safety categories. Some of the Railways have raised doubt regarding date of regularization of promotion by selection of SC/ST candidates through the “scheme of best among the failed candidates”. In this regard, it is clarified that regularization of promotion by selection of SC/ST candidates through the “scheme of best among the failed candidates” should be counted from the date of ad-hoc promotion, if on review, after the six months, they are found to have come up to the requisite standard. These instructions will have the prospective effect and selection which have already been finalized should not be reopened.

RBE No. 31/2015: Promotion – Stenographers – SC/ST Employees against reserved vacancies:

‘Best Amongst the Failure Scheme’ is equally applicable in the category of Stenographers also with the same terms and conditions as applicable to other non-safety category posts as laid down in Board’s letter No.88-E(SCT)I/23/1, dated 28.06.1995 (RBE No. 57/1995) wherever the suitability of the candidates is judged through Written Test and/or Viva-voce, etc. 3. It is further clarified that there is no relaxation for SC/ST candidates in the Stenography Speed Test over and above the permissible limits of 10% mistakes of total words dictated as per extant instructions of the Board.

The provision of selecting “Best among failed” SC/ST candidate may be applied only when the selection is for Non-safety post and sufficient no. of SC/ST candidate are not available against the SC/ST vacancy even after applying relaxed standard.

APAR 1800 Level-1

RBE No. 09/2019: APAR 1800 Level-1

Introduced the system of writing APARs in the cases of erstwhile Group ‘D’ staff working in Grade Pay Rs.1800, Level-1, has been experienced considering the fact that now such employees have also been made eligible to complete with others in the scheme of LDCE and other departmental selections whenever and wherever these are conducted to fill up particular posts through departmental promotion.

APARs be written in the case of all the erstwhile Group ‘D’ employees G.P. Rs.1800/ Level-1 in the proforma attached. The revised proforma will be applicable for APAR written from the current year (2018-19) onwards.

Note:- 

1. One (1) is the lowest & Five (5) is the highest in the assessment scale corresponding to ‘Below Average’, ‘Average’, ‘Good’, ‘Very Good’, ‘Outstanding’. 

2. The total points (B5) will be the ‘Record of Service’ marks for assessment purpose.

RBE 45/2023 

Board’s letter No.E(NG)I/2013/CR/1, dated 11.01.2019 (RBE No.09/2019), through which APARs for employees in Level 1 was introduced. The proforma for APARs enclosed with the instructions provides for awarding points ranging from 1 to 5 for 8 attributes under three sections B2, B3 & B4 of Section-B i.e. Assessment of Performance, with a note that, the total points (B5) will be the ‘record of service’ marks for assessment purpose. 2. One of the Zonal Railways has pointed out that conversion of the total numerical points for the column B5 in the APARs generated for the employees in Level-1, for selections in which the employees of Level 1 are considered for promotion along with advantage over their counterparts in Level 2 and above in the merit-based selections. The matter has been examined in consultation with the Zonal Railways, and it has been decided that the grading of B4 i.e. Overall Performance in the APAR proforma for Level-1 employee may be taken for assessment purposes, where they are considered for promotion along with employees of higher pay levels. The field B5 has therefore been done away with. The revised APAR proforma amended accordingly, is enclosed herewith.

APAR: RBE No.63/2023 – Provisions for Employees in GP Rs.1800

Board’s letter of even No. dated 23.03.2023 (RBE No.45/2023) wherein it is provided that the grading of B4 i.e. Overall Performance in the APAR proforma for Level-1 employee may be taken for assessment purposes, where they are considered for promotion along with employees of higher pay levels. The field B5 has therefore been done away with. The revised APAR proforma amended accordingly was also circulated. 

Rights of Persons with Disabilities Act 2016

The Rights of Persons with Disabilities Act 2016

 

Section 1.  Short title and commencement.

Section 2.  Definitions.

Section 3.  Equality and non-discrimination.

Section 4.  Women and children with disabilities.

Section 5.  Community life.

Section 6.  Protection from cruelty and inhuman treatment.

Section 7.  Protection from abuse, violence and exploitation.

Section 8.  Protection and safety.

Section 9.  Home and family.

Section 10.  Reproductive rights.

Section 11.  Accessibility in voting.

Section 12.  Access to justice.

Section 13.  Legal capacity.

Section 14.  Provision for guardianship.

Section 15.  Designation of authorities to support.

Section 16.  Duty of educational institutions.

Section 17.  Specific measures to promote and facilitate inclusive education.

Section 18.  Adult education.

Section 19.  Vocational training and self-employment.

Section 20.  Non-discrimination in employment.

Section 21.  Equal opportunity policy.

Section 22.  Maintenance of records.

Section 23.  Appointment of Grievance Redressal Officer.

Section 24.  Social security.

Section 25.  Healthcare.

Section 26.  Insurance schemes.

Section 27.  Rehabilitation.

Section 28.  Research and development.

Section 29.  Culture and recreation.

Section 30.  Sporting activities.

Section 31.  Free education for children with benchmark disabilities.

Section 32.  Reservation in higher educational institutions.

Section 33.  Identification of posts for reservation.

Section 34.  Reservation.

Section 35.  Incentives to employers in private sector.

Section 36.  Special employment exchange.

Section 37.  Special schemes and development programmes.

Section 38.  Special provisions for persons with disabilities with high support.

Section 39.  Awareness campaigns.

Section 40.  Accessibility.

Section 41.  Access to transport.

Section 42.  Access to information and communication technology.

Section 43.  Consumer goods.

Section 44.  Mandatory observance of accessibility norms.

Section 45.  Time limit for making existing infrastructure and premises accessible and action for that purpose.

Section 46.  Time limit for accessibility by service providers.

Section 47.  Human resource development.

Section 48.  Social audit.

Section 49.  Competent authority.

Section 50.  Registration.

Section 51.  Application and grant of certificate of registration.

Section 52.  Revocation of registration.

Section 53.  Appeal.

Section 54.  Act not to apply to institutions established or maintained by Central or State Government.

Section 55.  Assistance to registered institutions.

Section 56.  Guidelines for assessment of specified disabilities.

Section 57.  Designation of certifying authorities.

Section 58.  Procedure for certification.

Section 59.  Appeal against a decision of certifying authority.

Section 60.  Constitution of Central Advisory Board on Disability.

Section 61.  Terms and conditions of service of members.

Section 62.  Disqualifications.

Section 63.  Vacation of seats by Members.

Section 64.  Meetings of the Central Advisory Board on disability.

Section 65.  Functions of Central Advisory Board on disability.

Section 66.  State Advisory Board on disability.

Section 67.  Terms and conditions of service of Members.

Section 68.  Disqualification.

Section 69.  Vacation of seats.

Section 70.  Meetings of State Advisory Board on disability.

Section 71.  Functions of State Advisory Board on disability.

Section 72.  District-level Committee on disability.

Section 73.  Vacancies not to invalidate proceedings.

Section 74.  Appointment of Chief Commissioner and Commissioners.

Section 75.  Functions of Chief Commissioner.

Section 76.  Action of appropriate authorities on recommendation of Chief Commissioner.

Section 77.  Powers of Chief Commissioner.

Section 78.  Annual and special reports by Chief Commissioner.

Section 79.  Appointment of State Commissioner in States.

Section 80.  Functions of State Commissioner.

Section 81.  Action by appropriate authorities on recommendation of State Commissioner.

Section 82.  Powers of State Commissioner.

Section 83.  Annual and special reports by State Commissioner.

Section 84.  Special Court.

Section 85.  Special Public Prosecutor.

Section 86.  National Fund for persons with disabilities.

Section 87.  Accounts and audit.

Section 88.  State Fund for persons with disabilities.

Section 89.  Punishment for contravention of provisions of Act or rules or regulations made thereunder.

Section 90.  Offences by companies.

Section 91.  Punishment for fraudulently availing any benefit meant for persons with benchmark disabilities.

Section 92.  Punishment for offences of atrocities.

Section 93.  Punishment for failure to furnish information.

Section 94.  Previous sanction of appropriate Government.

Section 95.  Alternative punishments.

Section 96.  Application of other laws not barred.

Section 97.  Protection of action taken in good faith.

Section 98.  Power to remove difficulties.

Section 99.  Power to amend Schedule.

Section 100.  Power of Central Government to make rules.

Section 101.  Power of State Government to make rules.

Section 102.  Repeal and savings.

Schedule 1. THE SCHEDULE

 

-:o:-

Right to Reservation in Promotions for PwDs:

The Supreme Court of India has recently held that persons with physical disabilities have the right to reservation in promotions also.

• A disabled particular person can avail the advantage of reservation for promotion even when she or he was recruited within the common class or developed the incapacity after gaining employment.

Key Points

• About the Case:
  
  • The case was based on a claim under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.
    
    • This Act has been replaced with the Rights of Persons with Disabilities Act 2016.
  • The Kerala Administrative Tribunal rejected the plea of applicant stating that the rule of Recruitment in the State of Kerala, General Rules and other orders issued by the Government under Section 32 of the 1995 Act did not provide for any reservation in promotions.
  • The Kerala High Court set aside the decision of the Kerala Administrative Tribunal.
• Importance of Judgement:
  
  • The 1995 Act recognizes the right to reservation in promotion.
  • Identification of posts for reservation as per Section 32 of the 1995 Act is a prerequisite for appointment; but appointment cannot be frustrated by refusing to identify posts.
  • The absence of provision for reservation in the recruitment rules will not defeat the right of a PwD as such right flows from the legislation.
  • Reservation to promotion can be given to a PwD even if the person was not originally appointed in the PwD quota.
  • Further, the responsibility to provide equal opportunities to disabled persons does not end with giving them reservation at the time of recruitment.
  • Legislative mandate provides for equal opportunity for career progression, including promotion.
    
    • Thus, it would be negation of the legislative mandate if promotion is denied to PwD and such reservation is confined to the initial stage of induction in service.
    • This would in fact result in stagnation of the disabled in a consequential frustration.
• Right of Persons with Disabilities Act 2016:
  
  • It fulfills the obligations to the United National Convention on the Rights of Persons with Disabilities (UNCRPD), to which India is a signatory.
  • Disability has been defined based on an evolving and dynamic concept.
    
    • The types of disabilities have been increased from 7 to 21.
    • The Act added mental illness, autism, spectrum disorder, cerebral palsy, muscular dystrophy, chronic neurological conditions, speech and language disability, thalassemia, hemophilia, sickle cell disease, multiple disabilities including deaf blindness, acid attack victims and Parkinson’s disease which were largely ignored in earlier act.
    • In addition, the Government has been authorized to notify any other category of specified disability.
  • It increases the quantum of reservation for people suffering from disabilities from 3% to 4% in government jobs and from 3% to 5% in higher education institutes.
  • Every child with benchmark disability between the age group of 6 and 18 years shall have the right to free education.
    
    • Government funded educational institutions as well as the government recognized institutions will have to provide inclusive education.
  • Stress has been given to ensure accessibility in public buildings in a prescribed time frame along with the Accessible India Campaign.
  • The Chief Commissioner for Persons with Disabilities and the State Commissioners will act as regulatory bodies and Grievance Redressal agencies, monitoring implementation of the Act.
  • A separate National and State Fund will be created to provide financial support to the persons with disabilities.
• Constitutional Framework for Disabled in India:
  
  • Article 41 of the Directive Principles of State Policy (DPSP) states that State shall make effective provision for securing right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, within the limits of its economic capacity and development.
  • State Subject: The subject of ‘relief of the disabled and unemployable’ is specified in the state list of the Seventh Schedule of the constitution.

Facilities/amenities to the persons with disabilities

Department of Personnel and Training has released several OMs and orders from time to time regarding facilities / amenities for persons with disabilities.

1. Identification of jobs - Each Ministry/Department of the Government of India, their attached and subordinate offices, Central Public Sector Enterprises, Cantonment Boards etc should identify the types of jobs which could be easily performed by them specially for Group B, C and D posts where the number of jobs are more. Such persons should preferably be posted to perform such identified jobs and they be allowed to continue performing such jobs, as far as possible. If the concerned PWD officer could perform all the jobs as people without disability or could perform several types of jobs efficiently, no effort should be made to instruct them to certain types of jobs only.
2. Post recruitment and Pre - promotion training - Induction training programme for the persons with disabilities should be imparted together with the other employees. Job specific post-recruitment as well as pre-promotion training programmes are required to be organised for the persons with disabilities.
3. Providing aids/assistive devices - should assist the persons with disabilities by providing them high tech/latest technology led assistive devices (including low vision aids, hearing aids with battery), special furniture, wheel chairs (motorised if required by the employee), software scanners, computer and other hardware, etc. in accordance with their requirement, which would improve their efficiency.
4. Accessibility and barrier free environment at work place - In addition to the guidelines for modification in all public buildings including Government offices to provide easy accessibility and barrier free environment for PWDs as per the provisions of the PWD Act, all Government offices should take special steps to provide barrier free and accessible work stations to PWD employees, access from main building entrance to their work stations and access to common utility areas such as Toilets, canteens etc.
5. Preference in Govt. accommodation -  The Directorate of Estates may give preference to the persons with disabilities for providing them accessible accommodation near their place of posting and they may be preferred for allotment of ground floor accommodation.
6. Special Casual Leave - A provision of Special Casual Leave for 4 days in a calendar year has been made for the employees of Central Government with disabilities for specific requirements relating to disabilities of the official. Further, there is also a provision of 10 days Special Casual Leave in a calendar year subject to exigencies of work for the differently abled Central Government employees with disabilities for participating in Conference/Seminars/Trainings/Workshop related to disability and development to be specified by Ministry of Social Justice & Empowerment.
7. Preference in transfer/posting -  As far as possible, the persons with disabilities may be exempted from the rotational transfer policy/transfer and be allowed to continue in the same job, where they would have achieved the desired performance. Further, preference in place of posting at the time of transfer/promotion may be given to the persons with disability subject to the administrative constraints.

Concessions offered

1. Disabled person who are otherwise qualified to hold clerical posts and who are certified as being unable to type by the Medical Board or a Civil Surgeon where there is no such board, have been exempted from typing qualification.
2. Disabled persons have been granted relaxation in upper age limit up to 10 years for appointment to the clerical and subordinate cadre posts.
3. Disabled persons are exempted from payment of application and examination fee prescribed for the recruitment of clerical posts and other cadres in Public Sector Banks and Financial Institutions.
4. Disabled persons are not to be subjected to the usual medical examination by the appointing authorities but their physical fitness should be decided on the basis of the report of the Medical Boards attached to the Special Employment Exchanges for the Physically Handicapped for their recruitment to group ‘C’ and ‘D’ posts. The appointing authorities and the Medical Boards have to view the cases of persons with disabilities with utmost sympathy while considering them for appointment. Further Group ‘C’ and ‘D’ employees found medically unfit for the post he is holding and from which he is proposed to be discharged or has been discharged may, wherever practicable, be considered for another identical equivalent post for which he may be found suitable against direct recruitment quota without insisting on the condition of appointment through the employment exchange.
5. Guidelines for conducting written examination for Persons with Disabilities has been issued. To get the details, click here.
6. For assisting the disabled persons in undertaking self-employment ventures and other productive activities, loans are given by the nationalized banks by charging an interest of 5% per annum under Differential Rate of Interest scheme. To get the details, click here.
7. Ministry of Petroleum and Natural Gas has reserved seven and half percent of all types of dealership/agencies of the Public Sector Oil Companies, for disabled persons. Similarly, the Ministry has also reserved seven and half percent dealership/agencies for Defence personal who permanently and severely disabled either in war or in military action during peacetime.
8. A Government employee, who is also a care giver of disabled child has been exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints.