VRS from Persons With Disabilities – Supreme Court – Latest DoPT Order

Latest DoPT Orders 2020

No. 25012/I/2015-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk

North Block, New Delhi-110 001
Dated: September 7, 2020

OFFICE MEMORANDUM

Subject:- Request received for Voluntary retirement from service (VRS) from Persons With Disabilities – Supreme Court Order in Bhagwan Dass & Anr Vs Punjab State Electricity Board, (2008) 1 SCC 579 – clarification reg.

The undersigned is directed to refer to this Department’s O.M. of even no. dated 19.05.2015 on the subject noted above regarding the treatment of VRS notice given by a Government servant on medical grounds or on account of disability.

2. In this regard, it is stated that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act) has been repealed by the Rights of Persons with Disabilities Act, 2016 (RPWD Act, 2016), which came into force on 19th April, 2017. Hence, section 47 of PWD Act, 1995 as stated in DoPT’s O.M. of even no. 19.05.2015 is replaced by the provisions of section 20 of the RPWD Act, 2016.
3. Section 20 of Rights of Persons with Disabilities Act, 2016 provides as under:

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved

• “20. (1) No Government establishment shall discriminate against any person with disability in any matter relating to employment: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, exempt any establishment from the provisions of this section.
  (2) Every Government establishment shall provide reasonable accommodation and appropriate barrier free and conducive environment to employees with disability.
  (3) No promotion shall be denied to a person merely on the ground of disability.
  (4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a disability during his or her service:
  Provided that, if an employee after acquiring disability is not suitable for the post he was holding, shall be shifted to some other post with the same pay scale and service benefits: provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumeraty post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
  (5) The appropriate Government may frame policies for posting and transfer of employees with disabilities.

4. In view of the above provision of RPWD Act, 2016 and Hon’ble Supreme Court’s judgement in case of Bhagwan Dass & anr vs Punjab State Electricity Board (2008) 1 Scc 579, it is stated that whenever a Government servant seeks voluntary retirement citing medical grounds, or when the said VRS notice has been submitted due to a disability, the Administrative authorities shall examine as to whether the case is covered under Section 20 .
   (4) of RPWD Act, 2016. In case the provisions are applicable, the Government servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits. In case a disabled Government servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with the aforesaid provisions of Section 20 of RPWD Act, 2016. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per the applicable rules.

5. All the Ministries and Departments are requested to keep the above in view while processing cases of requests for voluntary retirement from disabled Government servants.

(Surya Narayan Jha)
Under Secretary to the Government of India

To
The Secretaries
All Ministries /Departments of Government of India
(As per the standard list)

Source: DoPT

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Promotional and Incentive Structure of PLI / RPLI – Clarification in respect of sales force

Latest Central Government Employees News

F.No: 28-03/2019-L1(3)Government of India
Ministry of Communications
Department of Posts
(Directorate of Postal Life Insurance)

Chanakyapuri P.O Complex,
New Delhi-110021
Dated 31.08.2020

Sub: Promotional and Incentive Structure of PLI / RPLI - Clarification in respect of sales force - reg

This is regarding the promotional and incentive structure of PLI/RPLI, circulated vide PLI Directorate OM No. 28-03/2019-LI dated 19.06.2020 and implemented in Circles w.e.f. 01.07.2020.

2. In this connection, the following is clarified in respect of sales force procuring, PLI/ RPLI business:

Also check: Revision of acceptance limits for PLI RPLI plans & claims resolution – DoP

Sl. No.	Issue	Clarification
(i)	Order of preference in payment of incentive to sales force of PLI/RPLI.	Direct Agents are not Departmental Employees and majority of them are dependent on incentive for their livelihood. Therefore, there is a need to nurture and handhold Direct Agents by way of giving priority to them in incentive payment. Accordingly, the following order of preference shall be followed by Circles while making payment of incentive to sales force of PLI/RPLI: (i) Direct Agents (ii) Gramin Dak Sevaks (iii) Field Officers (iv) Departmental Employees
(ii)	Nomination facility for sales force of PLI/RPLI.	(i) Nomination facility may be provided to sales force of PLI/RPLI. In the event of unfortunate death of a sales force, incentive will be paid to the nominee of that sales force for the PLI/RPLI business procured by that sales force for the period she/he was alive. (ii) Further, if the nominee of the deceased sales force wants to procure PLI/RPLI business, she/he may apply for fresh direct agency licence. If found suitable, the concerned Division may issue fresh licence to her/him. Procurement/renewal incentive shall be paid only for the business procured by her/him subsequent to the issue of fresh licence.
(iii)	Abolition of group agency system of  incentive	(i) Earlier, Group Leader was paid group incentive @ 7 % of the total procurement and renewal incentive payable to sales force under his jurisdiction. Resultantly, out of the total incentive on a PLI policy, the sales force used to get only 93% of the incentive and the remaining 7% used to be payable to the Group Leader. (ii) In the new incentive structure, the group incentive structure has been abolished and done away with. (iii) As a result, sales force of PLI and RPLI will get 100% of procurement and renewal incentive payable on PLI/RPLI policies as per prescribed rates effective from 01.07.2020. (iv) In the new structure, Development Officer will be paid procurement incentive @ 1 % of total PLI/RPLI new business premium procured by Direct Agents attached to that Development Officer. The incentive payable to Development Officer will be over, and above the incentive payable to Direct Agents working under her/him.
(iv)	Procurement of business by family members of Development Officer.	In order to avoid conflict of interest, members of family of business by family of Development Officer are not allowed to procure PLI/RPLI business and claim incentive. Members of the family for this purpose would include the following: (a) The spouse, but not including a separated spouse or one living separately while judicial separation proceedings are on; (b) Children and stepchildren but not including children and stepchildren of whose custody the serving postal employee has been deprived by law; (c) Other persons such as wards and parents, who are dependent on and live with the Development Officer.
(v)	Rate of incentive payable on PLI/RPLI policies.	Incentive payable on PLI/RPLI policies is being explained with the help of following illustration:For a PLI policy procured on 1st November 2009, the procurement and renewal incentive payable on this policy is detailed as under: (i) 01.11.2009 to 31.10,2010 (First Year Premium): PLI Procurement Incentive during this period will be paid as per the procurement incentive rate applicable during that period. (ii) 91.11.2010 to 30.06.2020:Renewal Incentive during this period will be paid as per the renewal incentive rate applicable during that period. (iii) 91.07.2020 onwards: Renewal Incentive from 01.07.2020 onwards will be paid @ 1% of renewal premium.

3. This issues with approval of the competent authority.

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