RBE No.46/2018: Retirement – Persons with Disabilities
No.F(E)III/2008/PN1/12, dated 23.03.2018
Sub: Retirement of Government Servant under Central Civil Services (Pension) Rules, 1972 and Central Civil Services (Extraordinary Pension) Rules – applicability of provisions of Persons with Disabilities (Equal Opportunities, Protection and Rights, And Full Participation) Act, 1995.
A copy of Department of Pension & Pensioners Welfare’s (DOP&PW) O.M. 21/1/16-P&PW(F), dated 30th September, 2016 on the above subject is enclosed for information and compliance. These instructions shall apply mutatis-mutandis on the Railways also. Rule 38, 48 and 48(A) of the Central Civil Services (Pension) Rules, 1972 correspond to Rule 55, 66 & 67 of Railway Services (Pension) Rules, 1993 respectively and Civil Services (Extraordinary Pension) Rules, 1939 correspond to Railway Services (Extraordinary Pension) Rules, 1993. Department of Personnel & Training’s O.Ms. No.18017/1/2014-Estt.(L), dated 25.02.2015 and No.25012/1/2015-Estt.(A-IV), dated 19.05.2015 referred to in the enclosed O.M. dated 30.09.2016, have been adopted on Railways by this office’s letter No.E(P&A)I-2017/CPC/LE-5, dated 30.08.2017 (RBE No.107/2017).
Ministry of Personnel,
Department of Pension & Pensioner’s Welfare
O.M.No.21/1/16-P&PW(F), dated 30.09.2016
Sub: Retirement of Government Servant under Central Civil Services (Pension) Rules, 1972 and Central Civil Services (Extraordinary Pension) Rules – applicability of provisions of Persons with Disabilities (Equal Opportunities, Protection and Rights, And Full Participation) Act, 1995.
1. The undersigned is directed to say that Section 47 of the Persons with Disabilities (Equal opportunities, protection and rights and full participation) Act, 1995 (PWD Act, 1995) provides as under:
“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.
(2) 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 notifications, except any establishment from the provisions of this section”.
2. Department of Personnel & Training have, vide their O.M.No.18017/1/2014-Estt(L), dated 25.02.2015 and O.M.No.25012/1/2015-Estt(A-IV), dated 19.05.2015, issued instructions in pursuance of the above provisions of the PWD Act, 1995 to in respect of the Government employees seeking a retirement, on medical Grounds, under the CCS (Pension) Rules. The instructions inter alia provide that whenever a Government servant seeks retirement under Rule 38 or Rule 48/48(A) of Central Civil Services (Pension) Rules citing medical grounds, or when the notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under section 47 of the PWD Act, 1995. In case the provisions of the Act are applicable, the Government servant shall be advised that he/ she has option of continue service with the same pay scale and service benefits.
In case a disabled Government servant re-considers his decision and withdraws the notice of voluntary retirement, his case shall be dealt with under the provisions of Section 47 of the Act read with the Department of Personnel and Training’s OM dated 25.02.2015. If, however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per the applicable Rules. A copy of each of DoPT’s OM dated 25.02.2015 and dated 19.05.2015 is enclosed.
3. Further, in accordance with the Central Civil Services (Extraordinary Pension) Rules, disability pension is admissible to a Government servant if he is boarded out on account of disability due to wound, injury or disease which is attributable to Government service. The provisions of the Central Civil Services (Extraordinary Pension) Rules have been examined in the light of provisions of Section 47 of the PWD Act, 1995 and instructions contained in DoPT’s OM dated 19.05.2015 referred to above. It is clarified that the provisions of the Persons with Disabilities (PWD) Act and the instructions issued by DoP&T in this disregard would also be applicable to Government servants covered by the provisions of Central Civil Services (Extraordinary Pension) Rules.
4. Accordingly in all cases where a government servant acquires disability on account of a wound, injury or disease attributable to Government service, administrative authorities shall examine as to whether the case is covered under Section 47 of the Persons with Disabilities (Equal opportunities, protection and rights and full participation) Act, 1995 (PWD Act, 1995). In case the provisions are applicable to Government servant shall be advised that he/ she has the option of continuing and service with the same pay scale and service benefits. In case the disabled Government servant wishes to continue in service, his case shall be dealt with under the provisions of Section 47 of the PWD Act read with the Department of Personnel and Training’s OM dated 19.05.2015. In case, however, the Government servant still wishes to retire, the request may be processed as per the provisions of Central Civil Services (Extraordinary Pension) Rules.
5. All Ministries and Departments are requested to keep the above in view of while processing case of request for retirement under CCS (Pension) Rules or CCS (EoP) Rules.
Download Railway Board Circular RBE No.46/2018
Forward reference⇒RBE No.