Central government employees who have children suffering from Thalassemia and Haemophilia will be exempted from routine transfers and will not be asked to take voluntary retirement on refusing such postings, as per the new rules announced today by the Centre.

The matter regarding the scope of ‘disabled’ has been examined by the Department of Personnel and Training (DoPT) in consultation with the Department of Empowerment of Persons with Disabilities.

Considering the fact that the child suffering from Thalassemia and Haemophilia requires constant caregiver support and it would be imperative for government employees to take care of their child on continuous basis, it has been decided to include Thalassemia and Haemophilia in the category of disabled child, the new rules issued by the DoPT said.

At present, employees with kids suffering from blindness or low vision, hearing impairment, locomotor disability or cerebral palsy, leprosy, mental retardation, mental illness, multiple disabilities and autism are spared from routine transfers.

A government employee with a disabled child serves as the main caregiver and any displacement of such employee will have a bearing on the systemic rehabilitation of the child since the new environment or set up could prove to be a hindrance for rehabilitation process, as per the existing policy.

“Therefore, a government servant who is also a caregiver of disabled child may be exempted from the routine exercise of transfer or rotational transfer subject to the administrative constraints,” DoPT Office Memorandum No.42011/3/2014-Estt.(Res) dated January 5 said.

Upbringing and rehabilitation of disabled child requires financial support. Making the government employee to choose voluntary retirement on the pretext of routine transfer or rotation transfer would have adverse impact on the rehabilitation process of the child, the DoPT policy says and exempts such employees from routine transfers and seeking voluntary retirements.

PTI

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New Delhi: Central government has decided not to accept voluntary retirement (VRS) notice of its disabled employees in reference to Supreme Court order in the case Bhagwan Dass & Anr Vs Punjab State Electricity Board.

The Persons with Disabilities (PWD) Act, 1995, states that no establishment shall dispense with the services of a disabled employee.

“It has been decided that whenever a government servant seeks voluntary retirement citing medical grounds or due to disability, administrative authorities shall advise him or her about the option of continuing in service with the same pay scale and service benefits,” said Office Memorandum F.No.25012/1/2015-Estt (A-IV) dated May 19 issued by Department of Personnel and Training (DoPT).

“If however, despite being so advised, such government servant still wishes to take voluntary retirement, the request may be processed,” it added.

The DoPT said in this order that no establishment shall dispense with or reduce in rank an employee who acquires a disability during service.

“No promotion shall be denied to a person merely on the grounds of disability,” Office Memorandum says.

“It has been noticed that in many instances, persons suffering from physical or mental disability seek voluntary retirement owing to inability to attend to duty and not being aware of the protection afforded to them by the PWD Act” the Office Memorandum added.

According to the Office Memorandum, all the ministries, departments, subordinate offices, central public sector undertakings and autonomous bodies are requested to inform disabled employees about the protection available to them under the PWD Act and must be encouraged them to continue work instead of taking VRS.
TST

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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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