On 3/10/15, Manish Agarwal <[email protected]> wrote: > (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>> > > -- > Disclaimer: > 1. Contents of the mails, factual, or otherwise, reflect the thinking > of the person sending the mail and I am not held responsible(in case > of all forwarded mails); > 2. 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Any mails from me is not to hurt anybody's sentiments or emotions; > > Health Provider- > consulting & practicing physiotherapy(v.i.) > Rehabilitation Personnel- > mobile:-+91 09322896185 > email id- > [email protected]; > [email protected]. > skype-id:manish.agarwal56 > > > > Register at the dedicated AccessIndia list for discussing accessibility of > mobile phones / Tabs on: > http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in > > > Search for old postings at: > http://www.mail-archive.com/[email protected]/ > > To unsubscribe send a message to > [email protected] > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, please > visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in > > > Disclaimer: > 1. 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-- skr s.k.rs.k.r Register at the dedicated AccessIndia list for discussing accessibility of mobile phones / Tabs on: http://mail.accessindia.org.in/mailman/listinfo/mobile.accessindia_accessindia.org.in Search for old postings at: http://www.mail-archive.com/[email protected]/ To unsubscribe send a message to [email protected] with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Disclaimer: 1. Contents of the mails, factual, or otherwise, reflect the thinking of the person sending the mail and AI in no way relates itself to its veracity; 2. AI cannot be held liable for any commission/omission based on the mails sent through this mailing list..
