Friday, February 6, 2015

WHY ARMED FORCES PERSONNEL DISCRIMINATED IN PWD ACT ? GOI orders on Voluntary Retirement from Persons suffering with disability (Civil employees)

Dear all Veteran Brothers,

Please go thro the following letter of DOPT seeking views/suggestions of stake holders.

My query is : 

WHY CANT THE DESW (sainiks Welfare Thekedar) or DGR, Army Air/Navy HQrs or ANYONE/SOMEBODY most of the times Chest-Thumps, do nothing in this regard. 

IF THE PWD ACT, 1995 is applied to AF personnel, ALL THE MERCIES OF COs AND THE DRAMATICS OF ARMY MED AUTHY/PCDA/CGDA/MOD etc. vanish and the affected individual automatically gets the right of pension in the eventuality of disability, which usually attributable to military service. 

Only one kind hearted person (Maj Navdeep Singh (Retd) had been, single handedly, in his private individual capacity, waging a lone battle. 

THE ISSUE CAN BE RESOLVED WITH AN AMENDMENT TO THE PWD ACT 1995 (SECTION 47) MAKING IT APPLICABLE TO MILITARY PERSONNEL.

IS IT NOT HIGH TIME THAT THIS ASPECT IS TO BE BROUGHT TO THE NOTICE OF RAKSHA MANTRI OR THE CHAIRMAN 7TH CPC. 

WHY THE BIG MIL BRASS (serving or retired) DO NOT BOTHER TO THINK ABOUT THIS ASPECT?

THE REASON IS NOT DIFFICULT TO UNDERSTAND?.....

GOOD FRIENDS ....

The DOPT is seeking - Comments/suggestions are invited on the proposal. Comments may kindly be sent to the undersigned by Email at dse@nic.inor by FAX at 011-23093179 by 20-02-2015

KINDLY DO REACT AND SEND YOUR VALUABLE COMMENTS/VIEWS BEFORE THE DUE DATE.


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G.I., Dep. of Per. & Trg., O.M.F. No. 25012/01/2015-Estt (A.IV), dated 6.2.2015

Subject: – Request for Voluntary Retirement from Persons suffering with disability – regarding.

The undersigned is directed to say that many Government servants seek voluntary retirement on medical grounds. Sec 47 of the Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995 (PWD Act) lays down that no establishment shall dispense with the services of an employee who acquires a disability during the course of service. It is proposed that any Government servant seeking voluntary retirement on medical grounds may be apprised of the above provisions of PWD ACT, in order that he can take a considered decision.

2. A draft of the office memorandum to be issued in this regard is enclosed. Comments/suggestions are invited on the proposal. Comments may kindly be sent to the undersigned by Email at dse@nic.inor by FAX at 011-23093179 by 20-02-2015

Draft of the Office Memorandum

G.I., Dep of Per. & Trg., O.M. F.No.25012/1/2015-Estt (A-IV), dated ../../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 to refer to Rule 48A and Rule 48 of CCS (Pension) Rules, 1972 and Rule 56 of Fundamental Rules and say that a Government servant can seek voluntary retirement after completion of prescribed period of qualifying service under the said Rules.

2. It has been noticed that on many occasions persons suffering from physical/mental disability seek voluntary retirement owing to their inability to attend duty, not being aware of the protection afforded by the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act):

3. Section 47 of 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”.

4. 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 had observed that he was not aware of any protection that the law afforded him and apparently believed that the blindness would cause his to lose his job, the source of livelihood of his family. In those circumstances it was the duty of superior officers to explain to him the correct legal position and to tell him about his legal rights.

5. Keeping in view the provisions of PWD Act and the judicial pronouncement, it has been decided that whenever a Government servant seeks voluntary retirement, on medical grounds, the Appointing Authority shall examine whether his/her case is covered by the provisions of Section 47 of PWD Act. In case, the provisions are applicable, then the Government servant shall be advised that he/she has the option of continuing in service by virtue of the protection afforded by PWD Act.

6. If the Government servant, after being advised as in para 5 above, still wishes to take Voluntary retirement the request may be processed as per normal rules.

7. All the Ministries and Departments are requested to keep the above in view while processing cases of requests for Voluntary retirement in case of disability.

(Courtesy : Authority: www.persmin.gov.in)

4 comments:

  1. Pls make appropriate amendments to P W D Act 1995 (section 47 ) so that armed forces may be beneficial.

    ReplyDelete
  2. Dear Sir
    Ghanshym upadhyay Ex Nk VMMV 14581288-F .I has retired from army service after completion of 17 years on medical compassionate ground with 40% disability being attributable and aggrieved by military service as per approval of Medical Board Authorities. I had produced the request application to my OC for retirement from further army service due to No sheltered appointment' light duties' Restricted Diet had not been provided during period of 12 years LMC period Instead i had done sensitive and Hardship job in direction of different different command. Due to this situations and condition i had produced request application for further retirement on medical ground for the purpose a save of my life. After that 40% disability pension had rejected by CDAP and now Special appeal under consideration of horn able High court Allahabad since-2003.Request application had produced for retirement on ground of Medical and in this regard discharge order had issued by RO on compassionate ground. This circumstances had created by officer commanding and Head Clear ck being Documentary forgery and so for . I had out of bound for my entitlement of disability pension. Regard .Ghanshyam Upadhyay Jhusi Allahabad.211019-9452878685

    ReplyDelete