One Day, One Minute, One Rule --- 4
4. What does the Office Memorandum dated April 17, 2004, state regarding government servants who have become permanently incapacitated?
The Office Memorandum dated April 17, 2004, which communicates a previous order from the Ministry of Personnel, Public Grievances and Pensions, clarifies the policy on government servants who become permanently incapacitated due to a mental or physical disability. Based on the amended provisions of Section 47 of the Persons with Disabilities Act of 1995, an establishment cannot dismiss or reduce the rank of an employee who acquires a disability during their service. If the employee is no longer suitable for their current role, they should be moved to another post with the same pay scale and service benefits. If no suitable post is available, the employee can be kept on a supernumerary post until one becomes available or they reach the age of superannuation, whichever comes first. Additionally, the order states that a person cannot be denied a promotion simply because of their disability. As a result, the CCS (Leave) Rules, 1972, are to be amended so that an employee who becomes incapacitated while on duty will not be invalidated from service.
(DOPT O.M.No. 13015/3/2002-Estt. (L) dated 19.01.2004 communicated by DG (P) on 17.4.2024)
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