Employees suffering with disability - No Need to Quit
MANY Government servants seek voluntary retirement on medical grounds. Sec 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act) lays down that no establishment shall dispense with the services of an employee who acquires a disability during the course of service.
The issue had come up in Bhagwan Dass & Anr Vs Punjab State Electricity Board, decided by the Supreme Court where the employee who had during his service suffered from blindness had applied for voluntary retirement. The Supreme Court had observed that he was not aware of any protection that the law afforded him and apparently believed that the blindness would cause to lose his job, the source of livelihood of his family. In those circumstances it was the duty of superior officers to explain to him the correct legal position and to tell him about his legal rights.
It is proposed that any Government servant seeking voluntary retirement on medical grounds may be apprised of the above provisions of PWD ACT, in order that he can take a considered decision.
Government plans to issue an OM in this regard.
DoPT Office Memorandum in F. No. 25012/01/2015-Estt (A.IV), Dated: February 06 2015