Legal Provisions :
Section-47(1) & 47(2), 48(c), 67(1) & 67(2) of PWD Act’1995 have following provisions to safeguard the rights of disabled Government employees and to ensure equal rights/participation.
Dispense & Reduction in Rank not allowed :
Section-47(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 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.
Promotion shall not be denied :
Section-47(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 notification, exempt any establishment from the provision of this section.
Research for assistive devices :
Section-48(c) : The appropriate Government and local authorities shall promote and sponsor research, inter alia in the area of … development of assistive devices including their psycho-social aspects;…
Insurance Scheme :
Section-67(1) : The appropriate Government shall by notification frame an insurance scheme for the benefit of its employees with disabilities.
Alternative Security Scheme :
Section 67(2) : Notwithstanding anything contained in this section, the appropriate Government may instead of framing an insurance scheme frame an alternative security scheme for its employees with disabilities.
1) a) Reservation in promotion : When promotions are being made –
(i) Within Group ‘D’,
(ii) from Group ‘D’ to Group ‘C’, and
(iii) with in Group ‘C’ . 3% reservation will be provided against identified post for the three categories (1% each VH, HH and OH.)
2) Posting/transfer near native place : Group ‘C’ and ‘D’ disabled employees of Central Government, who have been recruited on regional basis, may be given posting, as far as possible, subject to administrative constraints, near their native places in the region. Request for transfer to or their native places may also be given preference. This scope has been extended to disabled employees in Group ‘A’, ‘B’, ‘C’ and ‘D’ vide D.O.P.T., O.M. No.AB-14017/16/
2002-Estt.(Res.), dated 13.2.2002.
3) Posting/Transfer of non disabled employees having Mentally Retarded children : mentally retarded children need special care for medication, education, vocational training etc. which may not be available at all stations. Ministries/Depar tments are requested to take sympathetic view on the merit of each case and accommodate such requests made by Government employee, who have Mentally Retarded children.
a) Family pension to disabled children : according to Rule-54(6) of CCS (Pension) Rule’1972, son or daughter of a Government servant suffering from any disorder or disability of mind or is physically crippled or disabled, the family pension shall be payable to such son or daughter for life subject
to some conditions, given in aforesaid rule.
c) Spouse can furnish details of handicapped children : The spouse of the deceased pensioner/Government servant has been allowed to submit detail of disabled children, which were not furnished by the later, to the pension sanctioning authority to settle such family pension cases.
5) Transport Allowance :
Transport allowance at double the normal rates prescribed under Ministry of Finance O.M. even No. dated 3.10.1997 shall be given to blind and orthopaedically handicapped.
6) Travelling allowance for interview :
Travelling allowance concession as admissible to SC/ST candidates called for interview and/or written test for appointment to Group ‘C’ and ‘D’ advertised post, recruitment to which is made depar tmentally (i.e. other than through the UPSC) are also admissible in the same scale to the handicapped ex-military
7) Discretionary allotment of residential accommodation based on Supreme Court directions :
Under the provision of SR 317-B-25, in relaxation of the rules, the Government may provide discretionary allotment of residential accommodation to serving employees on medical ground within the overall ceiling of 5% of all types. The allotment shall be made in the case of employees and their spouses, dependent children/parents suffering from T.B., Cancer, heart ailments, blindness or low vision, hearing impairment, locomotor disability/
9) Escort Allowed for LTC : An escor t is allowed to accompany a handicapped Government servant availing LTC.
10) National Award for best employees : The Government of India, MSJ&E provides National awards to 20 employees with disabilities. 4 awards (one each VH, HH, OH, MR) are given to best employees which carry a cash award of Rs.25,000/-, a citation, a certificate and a metal medal.
In addition, 16 awards will be given in these categories which will carry a cash award of Rs.15,000/-, a citation, a certificate and a metal medal each. Seven awards are reserved for women with disabilities. If no eligible women applicants are found or no applications are received from them, these awards will be given to the eligible/selected male applicants. the awards are given on 3rd December every year. The MSJ&E provides AC-I/AC-II class fare and lodging-boarding at New Delhi to awardees.
11) Financial assistance to UGC blind teachers : University Grants Commission (UGC) has made provision that the university should consider to make annual provision for Reader’s allowance of Rs.3,000/- for purchase of Brailler, recorded material etc. for the blind teachers. The expenditure on this account can also be met out of the allocations made for books and journals/ equipments under the development plan of the university so university can claim UGC assistance for such expenditure. The colleges affiliated to university may have some provisions.
Source : http://dget.gov.in/self/