Government of India
Ministry of Personnel. Public Grievances & Pensions
Department of Personnel & Training
New Delhi, the 25th
February, 2015
OFFICE MEMORANDUM
Subject: Amendment to Central
Civil Service (Leave) Rules, 1972 – Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD
Act, 1995)-regarding
The Central Civil Services
(Leave) Rules, 1972 were amended vide the Department of Personnel and Training
Notification No. 13026/1/2002-Estt(L) dated the 15/16th January, 2004
consequent to the Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995 (PWD Act, 1995) which
came into force from 7th February, 1996.
2. Section 47 of the PWD Act,
1995 provides that services of no employee can be terminated nor can he be
reduced in rank in case the employee has acquired a disability during his
service. The first proviso to the Section 47 lays down that if such an employee
is not suitable for the post he was holding. he could be shifted to some other
post. However. his pay and service benefits would be protected. The second
proviso provides that if it is not possible to adjust such an employee against
any post, he would be kept on a supernumerary post until a suitable post is
available or he attains the age of superannuation, whichever is earlier.
Further, the Clause (2) of Section 47 provides that no promotion shall be
denied to a person merely on ground of his disability. InKuna/ Singh v.Union of
India, [2003] 4 SCC 524,Hon’ble Supreme Court has observed that the very frame
and contents of Section 47 of the PWD Act, 1995 clearly indicate its mandatory
nature.
3. The issues relating to leave
or absence of Government servants who have acquired a disability while in
service are required to be dealt with in the light of the provisions of the
Section 47 ofPersons with Disabilities (Equal Opportunities, Protection of
Rights and Full Participation) Act, 1995. The case of a disabled
government servant who is declared fit to resume duty but who may not able to
perform the duties of the post he was holding earlier may be dealt with as per
the first proviso to Section 47 of the PWD Act, 1995. The second proviso shall
apply if it is not possible to adjust him against any existing post. In all
such cases, the Government servant so adjusted shall be entitled to the pay
scale and other service benefits attached to the post he was holding.
4. A disabled Government servant
who is not fit to return to duty shall be adjusted as per second proviso to the
Section 47 mentioned above, until he is declared fit to resume duty or attains
the age of superannuation whichever is earlier, with the same pay scale and
service benefits. On being declared fit for resuming duty, the Government
servant who is not fit for the post he is holding, may be adjusted as per the
first proviso to Section 47.
5. Leave applied on medical
certificate in connection with disability should not be refused or revoked
without reference to a Medical Authority, whose advice shall be binding. The
ceiling on maximum permissible leave laid down in Rule 12 may not be applied to
leave on medical certificate applied in connection with the disability. Any
leave debited for the period after a Government servant is declared
incapacitated shall be remitted back into his/her leave account.
6. For a government servant who
is unable to submit an application or medical certificate on account of
disability, an application/medical certificate submitted by a family member may
be accepted. The provisions relating to examination of disabled Government servants
and the Medical Authorities competent to issue such certificates are also being
amended.
7. Necessary amendments to the
Central Civil Services (Leave) Rules, 1972 are being notified separately.
Director
Tel: 23093176
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