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with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act) has been repealed by the Rights of Persons with Disabilities Act, 2016 (RPWD Act, 2016), which came into force on 19th April, 2017.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

Read More

Appraisal and Approval of Public Funded Schemes and Projects - Special Measures to meet needs of Persons with Disabilities

Appraisal and Approval of Public Funded Schemes and Projects - Special Measures to meet needs of Persons with Disabilities

No. 24(35)/PF-II/2012
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi,
Dated 3rd April, 2018

OFFICE MEMORANDUM

Subject: Appraisal and Approval of Public Funded Schemes and Projects (except matters required to be placed before the Cabinet Committee on Security) - Special Measures to meet needs of Persons with Disabilities

The undersigned is directed to refer to this Department's OM No.24(35)/PF-II/2012 dated 05th August, 2016 on the subject cited above.

2. Following modifications are made in Annexure-IVA and Annexure-IV B of this Department's OM No. 24(35)/PF-II/2012 dated 05th August, 2016 :

(i) Insertion of a new sub-para 3.6 in Section 3 of Annexure -IVA: Format for EFC/SFC Memorandum for the appraisal of schemes, as under:
"Please bring out special interventions proposed to meet needs of Persons with Disabilities, including accessibility requirements under the RoPWD Act 2016". [Attach details at Annexure]

(ii) Insertion of a new sub-para 2.4 in Section 2 of Annexure IV B: Format for PIBIDIB Memorandum for appraisal of Projects, as under:
"Please indicate special measures proposed to meet needs of Persons with Disabilities, including accessibility requirements under the RoPWD Act". [Attach details at Annexure]

3. This comes into immediate effect. Ministries/Departments are requested to accordingly circulate EFC/PIB memos for inter-ministerial consultations after incorporating measures to meet needs of Persons with Disabilities.

4. This issues with the approval of Secretary (Expenditure).

(Harsha Dass)
Director
Tel. No. 23092578

Source: DoE

Read More

Competent Medical Officer for issuing certificate of disability for family pension

Competent Medical Officer for issuing certificate of disability for family pension

Government of India, Ministry of Personnel, P.G. & Pensions OM describes “medical authority” competent to issue disability certificate as per M/o Health & Family Welfare Notification No.S.13020/1/2010, dated 18.6.2010

Government of India Notification on Competent Medical Officer/Board for issuing certificate of disability for the purpose of family pension under rule 54 of CCS (Pension) Rules, 1972

Ministry of Personnel, P.G. & Pensions has described that “medical authority” means any hospital or institution specified for the purposes of this Act by notification by the Central Government or appropriate State Government/UT.

No.1/18/01-P&PW(E)(Vol.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 5th November, 2015

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.
Reference is invited to this department’s Office Memorandum of even number dated 30th September, 2014 on the above subject.

2. It had been conveyed 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 Notification No.S.13020/1/2010, dated 18.6.2010, in pursuance of the Persons with Disabilities (Equal Opportunities, Protection of Right and Full Participation) Rules, 1996. It had also been conveyed 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.

3. As per Section 2(p) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, “medical authority” means any hospital or institution specified for the purposes of this Act by notification by the appropriate Government. In pursuance of this, State Governments/UT administrations are required to notify the medical authorities to issue disability certificate.

4. In addition to the authorities indicated in para 2 above, for grant of family pension under the CCS (Pension) Rules, 1972, including past cases, the authority competent to issue disability certificate would be any hospital or institution specified as a Medical Authority for the purposes of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act by notification by the Central Government or a State Government or a Union Territory Administration.

(D.K. Solanki)

Under Secretary to the Government of India
Phone: 24644632

Download Govt of India OM No.1/18/01-P&PW(E)(Vol.II) dated 05.11.2015

Read More

Constitution of a Committee to monitor the progress in filling up of vacancies of persons with disabilities

Government of India Constituted a Committee to monitor the progress in filling up of vacancies of persons with disabilities. DoPT Order reproduced below:

Immediate/Court Matter

No.36012/39/2014-Estt.(Res.)
Government of India
Ministry of Personnel. Public grievances and Pensions
(Department of Personnel & Training)

North Block, New Delhi-110 001
22nd May 2015

ORDER

Subject: Constitution of a Committee to monitor the progress in filling up of vacancies of persons with disabilities

The Hon’ble Supreme Court in its interim Order dated 24.3.2015 and 28.4.2015 in Contempt Petition No.49912014 in Civil Appeal No. 9096/2013 filed by the National Federation of Blind Vs Secretary, Department of Personnel and Training had directed that immediate steps be taken by the Government to expedite the process of filling up of vacancies already identified for persons with disabilities.

2. The Government has now decided to constitute an inter-ministerial Committee with the following composition, to monitor the progress in filling up of vacancies of persons with disabilities reported to the Hon’ble Supreme Court

(i)	Additional Secretary (S&V), Department of Personnel and Training	Chairman
(ii)	Joint secretary. Department of Empowerment of Persons with Disabilities	Member
(iii)	Deputy Chief Commissioner, Office of Chief Commissioner for Persons with Disabilities	Member
(iv)	Representative of Ministry of Railways at Joint Secretary level	Member
(v)	Joint Secretary, Department of Financial Services	Member
(vi)	Joint Secretary .Department of Defence	Member
(vii)	Joint Secretary , Department of Defence Production	Member
(viii)	Joint Secretary . Department of Public Enterprises	Member
(ix)	Additional Secretary, UPSC	Member
(x)	Member, SSC	Member
(xi)	Joint Secretary (AT&A), Department of Personnel and Training dealing with reservation for Persons with Disabilities	Member Secretary

The Chairman shall have power to co-opt or exclude the representative from any Ministry/ Department/ Organisation.

3. The Terms of Reference of the Committee would be as under:

(a) the Committee shall meet at least once in a month;

(b) the committee would monitor the progress in filling up of vacancies of persons with disabilities reported to the Hon’ble Supreme Court, to ensure that appropriate action is taken for filling up such vacancies in the scheduled time frame.

The secretarial services to the Committee would be provided by the Department of Personnel and Training.

(G. Srinivasan)
Deputy Secretary to the Government of India

Download DOPT order No.36012/39/2014-Estt.(Res.) dated 22.05.2015

Read More

Corrigendum on Recruitment of Persons with disabilities from open market

Corrigendum on Recruitment of Persons with disabilities from open market

Railway Board instructed to all recruiting agencies to amend the rule while recruiting persons with disabilities from open market...

The order No.E(P&A)II/2013/Bonus-1 (RBE No.109/2013) dated on 11.10.2013, the clause of the order is given below for your ready reference...

"Recruitment of Persons with disabilities from open market - qualification of scribes- regarding.

Attention is invited to para 2 (ii)(b) of this Ministry’s letter of even number dated 17/09/2007 regarding guidelines for providing concessions/facilities including scribes to persons with disabilities (PWDs), while conducting examination for their recruitment from open market. 

Pursuant to advice of the Court of Chief Commissioner for Persons with Disabilities, in Case No. 389/1041/2013 dated 13/9/2013 that criteria like educational qualification, marks secured, age or other such restriction for the scribe should not be fixed and instead, the invigilation system should be strengthened so that the candidates using scribe do not indulge in malpractices like copying and cheating during the examination, it has been decided by the Board to delete para 2 (ii)(b) of this Ministry’s letter of even number dated 17/09/2007.

Further, where recruitment notices have already been published, the recruiting agency may also issue corrigendum, bringing this fact to the notice of all concerned".

Read More