Person With Disabilities in Central Government – 7th Pay Commission Recommendations

Person With Disabilities in Central Government – 7th Pay Commission Recommendations

PWDs in Central Government

The government provides three percent reservation in jobs for PWDs. Apart from this reservation at the entry stage, DoPT has issued instructions regarding identification of jobs, post-recruitment and pre-promotion training, providing aids/assistive devices, accessibility and barrier free environment at work place, preference in government accommodation, grievance redressal, and preference in transfer/posting for PWDs. In a recent notification, a provision has been made for ten years’ (fifteen years in case of SC/ST and thirteen years in case of OBC candidates) relaxation in the upper age limit for direct recruitment to civil posts/services under the Central Government.

Moreover, there are certain special entitlements as given below:
i. Special Allowance for Child Care for Women with Disabilities at the rate of ₹1,500 pm;
ii. Transport Allowance at double the normal rate, subject to a minimum of ₹1,000 pm;
iii. Constant Attendance Allowance for retired employees with 100 percent disablement at the rate of ₹4,500 per month;
iv. Special Casual Leave for four days in a calendar year for specific requirements relating to disabilities;
v. Special Casual Leave for ten days in a calendar year for participation in Conferences/Seminars/Trainings/Workshops related to disability and development.

In case the disability is work related, the following additional provisions are available:
a. Special Disability Leave;
b. Disability Pension;
c. Educational Concession to children of Defence personnel who are disabled in action.

For employees with differently abled children, Children Education Allowance and Hostel Subsidy is granted at double rate.

Demands
Associations of employees with disabilities made the following demands before the Commission:
i. Suitable enhancement in the existing provisions
ii. Provision of Common Room in offices with suitable recreational facilities
iii. Additional rebate in House Building Advance and Automobile Advance
iv. Establishment of Welfare Committees in the ministries

Analysis and Recommendations
The National Policy for Persons with Disabilities, 2006, enunciates the measures that need to be taken by the government to ensure equal opportunities, protection of justifys and full participation in society for PWDs, in consonance with the principles enshrined in the Indian Constitution. India is also a signatory to the UN Convention on the justifys for Persons with Disabilities. Thus, provision of appropriate measures for employees with disabilities is the responsibility of the Union Government.

The Commission has made various recommendations regarding PWDs at different places in the report. They are consolidated here for ready reference:
i. In recognition of the singular responsibility faced by differently abled women in raising their children, the Special Allowance for Child Care for Women with Disabilities has been enhanced from the present rate of ₹1,500 pm to ₹3,000 pm

ii. Transport Allowance at double the normal rate has been retained, and the minimum amount has been increased from ₹1,000 pm to ₹2,250 pm

iii. Children Education Allowance and Hostel Subsidy have been kept at double rate for differently abled children

iv. Constant Attendance Allowance has been enhanced from ₹4,500 pm to ₹6,750 pm

v. Special Disability Leave has been subsumed in Work Related Illness and Injury Leave (WRIIL), with improved provisions

vi. Educational Concession, hitherto available only to the children of Defence personnel killed/missing/disabled in action, has been extended to similarly placed personnel of CAPFs, Indian Coast Guard, RPF and police forces of Union Territories mutatis mutandis.

Besides the above recommendations, there are a few suggestions that can go a long way in improving the working environment for these employees:

i. In our interactions, it has been highlighted that easy access, particularly to toilets, remains an issue of concern. Hence, it is suggested that Guidelines and Space Standard for Barrier Free Built Environment for Disabled and Elderly Persons, issued by CPWD, Ministry of Urban Affairs and Employment, should invariably be followed while designing new government premises. Their application in the existing offices may also be explored.

ii. Every ministry should have a Welfare Committee, with due representation of differently abled employees, to address their concerns.

iii. The grievance redressal machinery should be strengthened and made more effective

Facilities to Differently Abled at Government Offices

Concessions and Facilities to Differently Abled Employees

Facilities to Differently Abled at Government Offices

The Department of Personnel and Training has informed that as per information submitted on-line by 71 Departments/Ministries, as on 01.01.2013, there were 9341 number of persons with disabilities who were employed in the Departments/Ministries of the Central Government. State/UT-wise information is not compiled.

As per section 46 of the Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995, the appropriate Governments and the local authorities are required to provide for-

(a) ramps in public buildings;

(b) adaptation of toilets for wheel chair users;

(c) braille symbols and auditory signals in elevators or lifts;

(d) ramps in hospitals, primary health centers and other medical care and rehabilitation institutions.

All the Ministries/Departments have been requested to comply with this provision. The Ministry of Railways provides concessional fare for various classes of persons with disabilities as under:

Similarly, State Governments have their own schemes for providing concessional fare for persons with disabilities while travelling by the buses owned by State transport undertakings.

As per Section 33 of the Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995, every appropriate Government are required to appoint in every establishment such percentage of vacancies not less than three per cent for persons or class of persons with disability of which one per cent each is reserved for persons suffering from blindness or low vision; (ii) hearing impairment; (iii) locomotor disability or cerebral palsy, in the posts identified for each disability.

This information was given by the Minister of State for Social Justice and Empowerment, Shri Krishan Pal Gurjar in a written reply to a question in Lok Sabha here today.

Source: PIB News

Age concession to the Persons with Disabilities for direct recruitment to civil posts/services under the Central Government – Dopt Orders

Age concession to the Persons with Disabilities for direct recruitment to civil posts/services under the Central Government – Dopt Orders

Grant of age concession to the Persons with Disabilities for direct recruitment to civil posts/services under the Central Government – Dopt Orders

G.I., Dept. of Per. & Trg., O.M.F.No15012/1/2003-Estt.(D), dated 29.6.2015

Subject: Grant of age concession to the Persons with Disabilities suffering from (a) blindness or ow vision, (b) hearing impairment and (c) locomotor disability or cerebral palsy for direct recruitment to civil posts/services under the Central Government.

The undersigned is directed to say that the following age concessions have been provided to physically handicapped persons for recruitment under the Central Government:

(i) Provision of ten years concession in upper age limit for Group C and D posts filled through employment exchanges issued vide O.M.No.15012/6/77-Estt.(D) dated 28.1.1978;

(ii) Provision of five years’ concession in upper age limit (10 years for SC/ST, 8 years for OBC) for recruitment to Group ‘A’ and ‘B’ posts otherwise than through Open Competitive Examination issued vide O.M.No.15012/5/92-Estt.(D) dated 27.7.1995; and

(iii) Provision of ten years concession in upper age limit (15 years for SC/ST, 13 years for OBC) for recruitment to Group A, B, C and D Civil Posts/Services filled through Open Competitive Examination issued vide O.M.No.43019/28/86-Estt.(D) dated 1.2.1999.

2. The question of prescribing uniform age-concession for direct recruitment to all Civil Posts/Services under the Central Government has since been examined and in supersession of the OMs referred to at (i), (ii) and (iii) above, the following has been decided:

Age relaxation of 10 years (15 years for SC/ST and 13 years for OBC candidates) in upper age limit shall be allowed to persons suffering from (a)

blindness or low vision, (b) hearing impairment and (c) locomotor disability or cerebral palsy in case of direct recruitment to all civil posts/services under the Central Government identified suitable to be held by persons with such disabilities, subject to the condition that maximum age of the applicant on the crucial date shall not exceed 56 years.

(ii) The age concession to the persons with disabilities shall be admissible irrespective of the fact whether the post is reserved for person with disabilities or not, provided the post is identified suitable for the relevant category of disability. This provision will not apply to the Civil Services Examination, in respect of which the List of Services Identified suitable for Physically Disabled Category along with’ the Physical Requirements and Functional Classifications is notified separately.

(iii) Relaxation of age limit would be permissible to such persons who have a minimum of 40% disability.

(iv) The definitions of above categories of disabilities, for the purpose of age relaxation, will be same as given in this Department’s O.M. No.

36035/3/2004-Estt(Reservation) dated 29th December 2005.

(v) If a person with disability is entitled to age concession by virtue of being a Central Government employee, concession to him/her will be admissible

either as a ‘person with disability’ or as a ‘Central Government employee’ whichever may be more beneficial to him/her. This provision will not apply to the Civil Services Examination, which is governed by the Civil Services Examination Rules, published annually.

(vi) Provisions of this O.M. will not be applicable to a post/service for which other specific provision regarding age relaxation is made by notification.

3. The Ministries/Departments are advised to ensure invariably that while sending the requisition to the UPSC/SSC and other recruitment agencies for direct recruitment posts by selection, they should clearly mention in the requisition the category of person(s) with disabilities suitable for the post(s) in question. No change or modification in identified post(s) for physically disabled persons with respect to an Examination, intimated after the

Notification of that Examination, shall be acceptable.

4. These instructions come into effect from the date of their issue.

Click to view the original order

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DOPT Ordrs - Amendment in CCS Leave Rules for Disabled Persons

Amendment in CCS Leave Rules for Disabled Persons – Dopt Orders

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.

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