(Leave) Rules, 1972 - Persons with> Disabilities (Equal Opportunities, Protection of Rights and Full> Participation) Act, 1995 (PWD Act, 1995,)-regarding>> No. 18017/1/2014-Estt(L)>> Government of India>> Ministry of Personnel, Public Grievances & Pensions>> Department of Personnel & Training>> New Delhi, the 25th February, 2015>> OFFICE MEMORANDUM>> Subject: Amendment to Central Civil Service (Leave) Rules, 1972 - Persons> with Disabilities (Equal Opportunities, Protection of Rights 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 Rights 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 Rights 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.>> Sd/->> (Mukesh Chaturvedi)>> Director Tel: 23093176>> Source: http://> <http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/18017_1_2014-Estt.L-25022015.pdf>>
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