Govt. Orders

No. 51 – 1/ 2004 – SPB – II 13.2.2004
Sub: - Non invalidation of a Govt. servant who has been permanently incapacitated from Govt. Service on account of mental or physical disability – Information regarding.
I am directed to forward herewith a copy of Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training O.M.No. 13015/3/2002-Estt. (L) dated 19.01.2004 on the above subject for information and necessary action.
OFFICE MEMORANDUM
1) The Ministry of Social Justice & Empowerment (Disabilities Div.) has amended Section 47 of the Persons with Disabilities Act 1995 and under the amended provisions:
No establishment shall dispense with or reduce in rank an employee who acquires a disability during his service and the employee who has acquired disability if is not suitable for the post he was holding, could be shifted to some other post with the same pay scale & service benefits. In case it is not possible to adjust him against any post, he may be kept on supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.
2) No promotion shall be denied to a person merely on the ground of his disability.
Provided that the appropriate govt. 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 provision of this section.
In view of the aforesaid position, the position of Rule 20 (2) of CCS (Leave) Rules, 1972 shall be as under:
a) If he is on duty, shall not be invalidated from service during his service period.
b) If he is already on leave, the period of leave or an extension thereafter to the extent permissible under sub-rule (1) of this rule and even beyond that may be granted as per relevant rule(s).
3., Amendment in Rule 20 (2) is being carried out on the above lines.
4. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller & Auditor General of India.
(sd) R. Chattopadhyaya Under Secretary to the Govt. of India.