Amendment to Central Civil Service (Leave)
Rules, 1972 – Persons with Disabilities (Equal Opportunities, Protection of
justifys and Full Participation) Act, 1995 (PWD Act, 1995,)-regarding
G.I., Dep. of Per. & Trg., O.M.No.18017/1/2014-Estt(L), dated
25.2.2015
Subject: Amendment to Central Civil Service
(Leave) Rules, 1972 – Persons with Disabilities (Equal Opportunities,
Protection of justifys 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 justifys 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. In Kunal 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 of
Persons with Disabilities (Equal Opportunities, Protection of justifys 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.
Authority www.persmin.gov.in
