DoPT - Exemption from payment of examination fee and application fee in respect of Persons with Benchmark Disabilities

DoPT Orders 2019

Exemption from payment of examination fee and application fee in respect of Persons with Benchmark Disabilities

No.36035/2/2017 -Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

OFFICE MEMORANDUM

North Block, New Delhi
Dated: August 23, 2019

Subject: Exemption from payment of examination fee and application fee in respect of Persons with Benchmark Disabilities. -reg.

The undersigned is directed to say that in a w.P. (Civil) No. 521/2008 with Civil Appeal No. 5389/2016, the Hon'ble Supreme Court, vide Judgment, dated 30.06.2016, inter alia, declared the Office Memorandum No. 36035/3/2004 - Estt.(Res) dated 29.12.2005, as illegal and inconsistence with the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This OM, among other, contained a provision for exemption from payment of application fee and examination fee in respect of Persons with Disabilities.

Thereafter, with the enactment of 'THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016' and issue of notification titled 'THE RIGHTS OF PERSONS WITH DISABILITIES RULES, 2017', this Department has issued an Office Memorandum No. 36035/2/2017-Estt. (Res), dated 15.01.2018, regarding reservation for Persons with Benchmark Disabilities, in the posts and services of the Central Government. The said Office Memorandum dated 15.01.2018, however, does not contain any provision for exemption from payment of examination and application fee in respect of Persons with Benchmark Disabilities.

The issue has been deliberated upon at length in the Department and it has, now, been decided that the Persons with Benchmark Disabilities shall continue to be exempted from payment of application fee and examination fee, prescribed in respect of competitive examinations held by the Staff Selection Commission, the Union Public Service Commission, etc. for recruitment to various posts. This exemption shall be available only to such persons who would otherwise be eligible for appointment to the post on the basis of standards of medical fitness prescribed for that post (including any concession specifically extended to the Persons with Benchmark Disabilities) and who enclose with the application form, necessary certificate from a competent authority in support of their claim of disability.

(Debabrata Das)
Under Secretary to the Government of India
Ph. 23093307

To,
(i) All Ministries/Departments of the Govt. of India.
(ii) Department of Financial Services, Ministry of Finance, Jeevan Deep Building, Parliament Street, New Delhi.
(iii) Department of Public Enterprises, CGO Complex, Lodhi Road, New Delhi.
(iv) Railway Board, Rail Bhavan, Delhi.
(v) Union Public Service Commission/Supreme Court of India/ Election Commission of India/ Lok Sabha Secretariat / Rajya Sabha Secretariat / Cabinet Secretariat! Central Vigilance Commission/ President's Secretariat / Prime Minister's Office/ Planning Commission.
(vi) Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.
(vii) Office of the Chief Commissioner for Disabilities, Sarojini House, 6, Bhagwan Das Road,New Delhi -110001.
(viii) Office of the Comptroller & Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.
(ix) All Officers and Sections in the Ministry of Personnel, Public Grievances and Pensions and all attached/subordinate offices of this Ministry.
(x) Hindi Section for providing a Hindi translation.
Copy to: Director, NIC, DOPT - with the request to immediately place this OM on the website of this Department ("what's new" tab) for information of all concerned.

Source: DoPT Orders 2019

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Constitution of a Committee in the Department of Posts to identify GDS posts suitable for benchmark feasibility prescribed in Rights of Persons with Disabilities Act, 2016

Constitution of a Committee in the Department of Posts to identify GDS posts suitable for benchmark feasibility prescribed in Rights of Persons with Disabilities Act, 2016

FILE No.17-08/2017-GDS
Government of India
Minrstry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi-110001,
Dated: 13.02.2019

OFFICE MEMORANDUM

Subject:- Constitution of a Committee in the Department of Posts to identify GDS posts suitable for benchmark feasibility prescribed in Rights of Persons with Disabilities Act, 2016.

This is in connection with Department of Empowerment of Persons with Disabilities (Divyangjan) (DEPwDs) O.M. No. No.34-16/2018-DD.III dared 12-12-2018 regarding constitution of a Committee in a1l the Ministries / Departments to identify the posts suitable for benchmark disabilities in pursuance of the provisions made in the Rights of Persons with Disabilities Act, 2016 (RPwDs Act, 2016). It has, therefore, been decided to constitute the Committee in Department of Posts for GDS Posts is as under:-

(i) Shri Satya Narayana Dash, Director (SPN) - Chairman
(ii) Shri.R.Rahul Joseph, Director (Estt) - Member
(iii) Shri D.K.Panda, Under Secretary (DD.III)
(Contact Numbers: 9968275870, 24369059),
Representative of Department of Empowerment for Persons with Disabilities - Member
(iv) Shri Pawan Kumar, SSP Delhi - Member
(Contact Numbers: 9555090425, 24671592)
(v) Shri.S.B.Vyavahare, ADG(GDS/PCC) - Convener

sd/-
(S.B.Viavihare)
Asstt. Director General(GDS/PCC)

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Reservation for Persons with Benchmark Disabilities - Suggestions ; if any, from all concerned including general public

Reservation for Persons with Benchmark Disabilities - Suggestions ; if any, from all concerned including general public

No.36035/02/2017-Estt (Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 20th June, 2017

OFFICE MEMORANDUM

Sub: Reservation for Persons with Benchmark Disabilities - Suggestions; if any, from all concerned including general public.

The undersigned is directed to enclose a copy of draft instructions bringing them in line with THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016 with regard to reservation for Persons with Benchmark Disabilities in the posts/services Under the Central Government.

2. The issue of reservation in promotion for persons with Disabilities is sub-judice in various cases in the Hon’ble Supreme Court including Civil Appeal No.1567/2017 titled Siddaraju Vs State of Karnataka & Ors and Review Petition (C) No.36/2017 tagged with it.

3.It is requested that the draft instructions may be examined and suggestions, if any, may be sent to this Department within 15 days of the issue of this Office Memorandum through e-mail only at q.sreenivasannic.in and debabrata.d13nic.in

sd/-
(Raju Sarawat)
Under Secretary to the Govt.of India

Authority: http://document.ccis.nic.in/

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Enhancement of the Rate of Disability Pension : 7th CPC Report

 Enhancement of the Rate of Disability Pension

The Services have sought enhancement of the rate of disability pension for 100 percent disability from the existing level of 30 percent of the last drawn reckonable emoluments to 50 percent. For lower percentages of disability, the amount of disability element is sought to be pro-rated.

Analysis and Recommendations:

The regime of disability element for non-battle cases has moved from fixed slab rates to a percentage of reckonable emoluments. The rates of disability element for 100 percent disability as admissible over the years, is indicated in the table below:

The ratio of maximum to minimum disability pension for officers and ORs across various points in time is detailed below:

While the number of officers retiring with disability element has shown a significant increase at levels of Brigadier and above in recent years, it is notable that since 2010-11, no officer in these ranks has been invalided out.

The feature that stands out when the historical evolution of the regime relating to disability pension is studied is the shift from slab based system to a percentage based disability pension regime consequent to the implementation of the VI CPC’s recommendations. This move has been contrary to the tenets of equity insofar as treatment of disability element between Officers and JCOs/ORs is concerned borne out by the fact that the ratio of maximum to minimum quantum of compensation for disability across the ranks is now disproportionately high at 8.6. The Commission is therefore of the considered view that the regime implemented post VI CPC needs to be discontinued, and recommends a return to the slab based system. The slab rates for disability element for 100 percent disability would be as follows:

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Facilities to Differently Abled at Government Offices

Facilities to Differently Abled at Government Offices

The Department of Personnel and Training has informed that as per information submitted on-line by 71 Departments/Ministries, as on 01.01.2013, there were 9341 number of persons with disabilities who were employed in the Departments/Ministries of the Central Government. State/UT-wise information is not compiled.

As per section 46 of the Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995, the appropriate Governments and the local authorities are required to provide for-

(a) ramps in public buildings;

(b) adaptation of toilets for wheel chair users;

(c) braille symbols and auditory signals in elevators or lifts;

(d) ramps in hospitals, primary health centers and other medical care and rehabilitation institutions.

All the Ministries/Departments have been requested to comply with this provision. The Ministry of Railways provides concessional fare for various classes of persons with disabilities as under:

S.No.	Category of Persons	Percentage of Concession
1	Orthopaedically Handicapped/Paraplegic persons who cannot travel without escort –for any purpose	75% in 2nd, Sleeper, 1st Class, 3AC, AC chair Car50% in 1AC and 2AC 25% in 3AC & AC Chair Car of Rajdhani/Shatabdi trains 50% in Monthly Season Ticket & Quarterly Season Ticket One escort is also eligible for same element of concession
2	Mentally retarded persons who cannot travel without escort- for any purpose.
3	Blind persons travelling alone or with an escort- for any purpose
4	Deaf & Dumb persons (both afflictions together in the same person) travelling alone or with an escort- for any purpose.	50% in 2nd , Sleeper and 1st Class50% in Monthly Season Ticket & Quarterly Season Ticket One escort is also eligible for same element of concession.

Similarly, State Governments have their own schemes for providing concessional fare for persons with disabilities while travelling by the buses owned by State transport undertakings.

As per Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of justify and Full Participation) Act, 1995, every appropriate Government are required to appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent each is reserved for persons suffering from blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy, in the posts identified for each disability.

This information was given by the Minister of State for Social Justice and Empowerment, Shri Krishan Pal Gurjar in a written reply to a question in Lok Sabha here today.

Source: PIB News

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Amendment of CCS Rules for Persons with Disabilities

Amendment of CCS Rules for Persons with Disabilities

The Department of Personnel & Training (DoPT) has issued a fresh set of Instructions to all Ministries/Departments granting relaxation in the Central Civil Services (Leave) Rules, 1972 for Disabled employees. In an Office Memorandum dated February 25, 2015, the DoPT has reiterated that the disabled employees will be entitled to pay, promotion and other service benefits even if they cannot be taken back to the post they were holding or are adjusted or kept waiting until a suitable vacancy arises.

The medical leave on account of disability will not be subject to ceiling under Rule 12 and any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account.

The leave applied on medical certificate in connection with disability cannot also be refused or revoked without reference to a Medical Authority, whose advice shall be binding. Leave will also be granted even if the Government servant’s family member submits an application/medical certificate in case the employee is unable to do so on account of the disability.

The services of an employee can neither be terminated nor reduced in rank in case the employee has acquired a disability during his service. Any disabled employee who is not fit to return to duty shall be shifted to some other post. If that is not possible, the disabled employee shall be kept on a supernumerary post until a suitable post is available or he attains superannuation. Besides, no promotion shall be denied to a person simply on ground of his/her disability.

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Pension Portal Orders: Competent Medical Officer/Board for issuing certificate of disability for the purpose of family pension under rule 54 of CCS (pension) Rules, 1972

: Competent Medical Officer/Board for issuing certificate of disability for the purpose of family pension under rule 54 of CCS (pension) Rules, 1972 – reg.

No.1/18/01-P&PW(E)(VoI.II)
Government of India
Ministry of Personnel. P.G. & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi
the 30th September, 2014

OFFICE MEMORANDUM

Sub: Competent Medical Officer/Board for issuing certificate of disability for the purpose of family pension under rule 54 of CCS (Pension) Rules, 1972 – reg.

The undersigned is directed to state that rule 54 (6) of the CCS (Pension) Rules, 1972 had been amended vide this department’s Notification of even number, dated 25th April, 2008 to change the competent authority to issue a disability certificate from ‘a Medical Officer not below the rank of a Civil Surgeon” to ‘a Medical Board comprising of a Medical Superintendent or a Principal or a Director or head of the Institution or his nominee as Chairman and two other members, out of which at least one shall be a Specialist in the particular area of mental or physical disability including mental retardation’.

2. The above amendment as made in order to comply with the guidelines, dated 18”th February, 2002, issued by the M/o Social Justice and Empowerment in pursuance of Persons with Disabilities (Equal Opportunities, Protection of justify and Full Participation) Rules, 1996.

3. Subsequently, the guidelines, issued vide Ministry of Health and Family Welfare Notification No.S.13020/1/2010. dated 18.6.2010, in pursuance of the Persons with Disabilities (Equal Opportunities. Protection of justify and Full Participation) Rules. 1996, do away with the Medical Board in cases other than those of Multiple Disabilities.

4. It has been decided in consultation with the Ministry of health & Family Welfare and the Ministry of Social Justice and Empowerment that for grant of family pension under the CCS (Pension) Rules, 1972, the authority competent to issue disability certificate would be as specified in the guidelines issued by the M/o Health & Family Welfare referred to in para 3 above. It has also been decided that for the past cases, the disability certificate issued either in pursuance of the guidelines, dated 18.06.2010 or in pursuance of rule 54(6) of the CCS (Pension) Rules, 1972 shall be acceptable.

sd/-
(D.K. Solanki)
Urder Secretary to the Government of India

Source: http://pensionersportal.gov.in/

#CCS (Pension) Rules, #Disability Persons, #Pension, #Pension Orders, #Pension Portal Orders, #disability pensioners, #Family Pensioners, #Handicapped Persons

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Grant of Transport Allowance at double the normal rates to the employees disabled due to accident on duty or off duty - reg

Grant of Transport Allowance at double the normal rates to the employees disabled due to accident on duty or off duty - reg

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI - 110 055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers' Federation (ITF)

No.II/28/Pt.IV

Dated: 21/08/2013

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Grant of Transport Allowance at double the normal rates to the employees disabled due to accident on duty or off duty - reg.

Ref: (i) NFIR's letter No.II/28/Pt.IV dated 23/06/2012 and 07/07/2012.
(ii) Railway Board's letter No.PC-V/2010/A/TA/1 dated 20/06/2012.
(iii) NFIR's letter No.II/28/Pt.IV dated 07/06/2013.

----------------

Federation vide its letter No.II/28/Pt.IV dated 23/06/2012 followed by another letter dated 07/07/2012 has provided the details of specific case, unfortunately no reply has been received from the Railway Board despite reminder dated 07/06/2013, perhaps the issue has not been finalised even after lapse of over one year's period.

NFIR, therefore, once again requests the Railway Board to decide the case and also issue instructions to the General Managers of the Zones & Productions Units for allowing Transport Allowance at double the rates of normal rate to the disabled railway employees at an early date. Federation may be apprised of the outcome.

Yours faithfully,
(M.Ragavaiah)
General Secretary

Source: http://www.nfirindia.org/Index.aspx via Central Government Staff News

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