Request for Voluntary retirement from persons -Supreme Court orders Issued on -19.05.2015
F.No.25012/1/2015-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: May 19, 2015
OFFICE MEMORANDUM
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 25th 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 Rights 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
rights.
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. (Mukesh Chaturvedi) Director Te1.23093176
7.Hindi version follows.
(Mukesh Chaturvedi)
Director
Tel.23093176
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