O.M. Dated 06.02.2015 - Request For Voluntary Retirement From Persons Suffering With Disability - Regarding PDF
O.M. Dated 06.02.2015 - Request For Voluntary Retirement From Persons Suffering With Disability - Regarding PDF
IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment A-IV Desk
OFFICE MEMORANDUM
Subject: Request for Voluntary Retirement from Persons suffering with disability -
-
regarding.
The undersigned is directed to say that 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. 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.
(J.A. aidyanathan)
Director(E)
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F.No.25012/1/2015-Estt (A-IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
OFFICE MEMORANDUM
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 notification, exempt
any establishment from the provisions of this section".
4.
The issue had come up in Bhagwan Dass & Anr Vs Punjab State Electricity
Board (2008) 1 SCC 579, decided by the Hon'ble Supreme Court where the
employee who had during his service suffered from. blindness had applied for
voluntary retirement. The Hon'ble Supreme Court7had observed that he was not
aware of any protection that th9 law afforded trirMart apparently believed that the
blindness would cause his to lose his job, the. source of :livelihood of his family. In
those circumstances it was the duty of superior officera•-to explain to him the
correct legal position and to tell him aboufttts legal rights.
6•
the Government servant after beikadvised as in para 5 above, still wishes
to takeeViiftuntary retireth
the request may be processed as per normal rules.
7.
All the *spies and:)2epartments are requested to keep the above in view
while processing cases of requests for Voluntary retirement in case of disability.