Request for Voluntary retirement from persons suffering from disability – Dopt Orders
Request for Voluntary retirement from
persons suffering from disability — Supreme Court Order in Bhagwan Dass
& Anr Vs Punjab State Electricity Board, (2008) 1 SCC 579
G.I., Dept. of Per. & Trg., O.M.F.No.25012/1/2015-Estt (A-IV), dated 19.5.2015
Subject: Request for Voluntary
retirement from persons suffering from disability — Supreme Court Order
in Bhagwan Dass & Anr Vs Punjab State Electricity Board, (2008) 1
SCC 579.
The undersigned is directed say that
vide Department of Personnel and Training’s OM No.18017/1/2014-Estt(L)
dated the 25 th February, 2015, certain clarifications regarding
treatment of leave and absence of disabled Government servants have been
issued.
2. Instances have come to notice where
Government servants apply for voluntary retirement under various
provisions like Rules 38, Rule 48 and 48A of CCS (Pension) Rules, 1972
or Rule 56 of the Fundamental Rule on account of hardships faced by them
due to a disability, as they are unaware of the protection provided
by the Section 47 of the Persons with Disabilities (Equal Opportunities,
Protection of justifys and Full Participation) Act, 1995 (PWD Act).
Section 47 of the PwD Act, 1995 is reproduced below for reference:
“Non-discrimination in Government
Employment — (1) No establishment shall dispense with, or reduce in
rank, an employee who acquires a disability during his service.
Provided that, if an employee, after
acquiring disability is not suitable for the post he was holding, could
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
supernumerary post until a suitable post is available or he attains the
age of superannuation, whichever is earlier. No promotion shall be
denied to a person merely on the ground of his disability;
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, as may be
specified in such notification, exempt any establishment from the
provisions of this section”.
3. The issue had come up in Bhagwan Dass
& Anr Vs Punjab State Electricity Board (2008) 1 SCC 579, decided
by the Hon’ble Supreme Court where the employee who had during his
service suffered from blindness, had applied for voluntary retirement.
The Hon’ble Supreme court has observed that the Petitioner was not aware
of any protection that the law afforded him and apparently
believed that the blindness would cause him to lose his job, which was
the source of livelihood of his family. In those circumstances, it was
the duty of the superior officers to explain to him the correct legal
position and to tell him about his legal justifys.
4. Keeping in view the provisions of the
Section 47 of the PwD Act, 1995 and the above mentioned judgement, it
has been decided that whenever a Government servant seeks voluntary
retirement citing medical grounds, or when the said notice has been
submitted due to a disability, the administrative authorities shall
examine as to whether the case is covered under Section 47 of PWD Act,
1995. 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.
5. In case a disabled Government servant
reconsiders his decision and withdraws the notice for voluntary
retirement, his case shall be dealt with under the provisions of the
Section 47 read with the Department of Personnel and Training OM dated
25th February, 2015, mentioned above. 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 rule.
6. 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.
Hindi version follows.
sd/-
(Mukesh Chaturvedi)
Director
(Mukesh Chaturvedi)
Director
Authority: www.persmin.gov.in
