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Thursday, 26 February 2015

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
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

Wednesday, 18 February 2015

Good News to the Employees with disabilities for permitting to avail TA for Escort on official duties and Training.

Travelling Allowance in respect of Attendant/Escort for accompanying a Government Servant with Disabilities on travel during tour/training etc.
No. 19030/3/2013-E.IV
Government of India
Ministry of Finance 
Department of Expenditure
******
North Block, New Delhi. 
Dated the 17th February, 2015.
OFFICE MEMORANDUM
Subject:- Travelling Allowance in respect of Attendant/Escort for accompanying a Government Servant with Disabilities on travel during tour/training etc.
References have been received in the Ministry of Finance, Department of Expenditure seeking provision in the Rules/instructions regulating Travelling Allowance, in order to allow grant of Travelling Allowance to the Government servant with Disabilities in respect of an Attendant/Escort accompanying such a Government servant with Disabilities during travel while on tour/training, etc. At present there are no provisions in the Travelling Allowance rules which allows Government servants to claim Travelling Allowance in respect of Attendant/Escort accompanying them on tour/ training, etc. where such Government servants require the assistance of an Attendant/Escort for travel.
2. The matter has been considered and it has now been decided to allow Travelling Allowance in respect of the Attendant/Escort, for accompanying a Government servant with Disabilities during travel while on tour/training, etc., to be claimed by the Government servant with Disabilities. The admissibility of Travelling Allowance, in respect of the Attendant/Escort accompanying a Government servant with Disabilities, would be subject to the following conditions:-
(a) Ordinarily, the field offices/local administrative offices at the touring station, which the Government servant with Disabilities is required to visit on tour or training institutes where the Government servant with Disabilities is required to undergo training, would be required to provide an Attendant/Escort, from the existing pool of staff/persons employed, from the time the Government servant with Disabilities arrives at the destination and till such time the Government servant with Disabilities departs from that destination back to his headquarter station/place from where the Government servant with Disabilities had initially proceeded to that destination. During travel abroad, either on foreign tour/training, the Indian Missions/Posts (Embassy of India) at the country of visit would be required to .provide an Attendant/Escort, from the existing pool of staff/persons employed, during the period of stay of the Government servant with Disabilities in that country.
(b) Only when field offices/local administrative offices at the touring station or training institutes or Indian Missions/Posts at the country of visit, as the case may be, officially express their inability to provide an Attendant/Escort to the visiting Government servant with Diabilities, would the claim of Travelling Allowance in respect of Attendant/Escort accompanying the Government servant with Disabilities arise. In such cases, fare for travel of Attendant/Escort accompanying Government servant with Disabilities would be reimbursed. While for travel by air, Airlines•are expected to provide assistance to Government.servant with Disabilities during travel as per Airlines policies, a Government servant with Disabilities however, can take along his personal Attendant/Escort for travel by Indian Railways for assistance during journey and boarding/de-boarding, even when an Attendant/Escort at destination station is provided officially.
(c) In all cases, Government servant with Disabilities are required to purchase travel tickets for self and Attendant/Escort at concessional rates, if any, offered by Railways/Airlines.
(d) The facility of Travelling Allowance for the Attendant/Escort would only be admissible to those Government servants with Disabilities, wherein it is certified by the competent Medical Authority that such a person compulsorily requires assistance of another person for travel. Under this clause, necessary certificate is to be obtained from the Head of Department of a Government Civil Hospital designated for the type/form of disability of the Government servant. Based on the certificate from competent Medical Authority, Heads of Departments would have to further satisfy the need for an Attendant/Escort during travel of the Government servant, before allowing the journey for the Attendant/Escort.
(e) Subject to clause (d) above, Travelling Allowance for the Attendant/Escort would be admissible to the Government servant with Disabilities while on tour (domestic or foreign). However, the authority deputing such a Government servant with Disabilities on tour would have to record in writing that the tour is considered necessary in the discharge of duties and responsibilities assigned to the Government servant with Disabilities.
(f) Subject to clause (d) above, Travelling Allowance for the Attendant/Escort would also be admissible to the Government servant with Disabilities when deputed on training provided it is recorded by the authority competent to depute such officials on training that such training is a mandatory training for career progression or induction training for probationers.
(g) Travelling Allowance consists of two parts; Mileage Allowance and Daily Allowance. No Daily Allowance would be admissible to the Attendant/Escort of the Government servant with Disabilities. Mileage Allowance would be admissible to the Attendant/Escort at the same rate and in the same class of accommodation, as the Government servant with Disabilities is entitled to under the Revised Travelling Allowance Rules, read with travel restrictions imposed under austerity measures/economy instructions, issued from time to time by the Government. However, in case of travel by any of the modes of conveyance by road, as prescribed under the Travelling Allowance rules, no separate mileage allowance would be admissible to the Government servant with Disabilities, in respect of the Attendant/Escort, except where the travel is by public bus.
(h) For commuting between residence to office and back, certain categories of Government servants with Disabilities are eligible for Transport Allowance at double the normal rates. As no Travelling Allowance is admissible to Government servants for training at headquarter station, consequently, no claim of Travelling Allowance to the Attendant/Escort of the Government servant with Disabilities would be admissible for training at headquarter station.
3. In so far as persons serving in the Indian Audit and Accounts Department are concerned,these orders issue in consultation with the Comptroller & Auditor General of India.
Sd/-
(Subhash Chand)
Director

Tuesday, 17 February 2015