F. No. 42011/3/2014-Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
North Block, New Delhi
Dated the 08th October, 2018
Considering that transfer of a Government employee who serves as the main care giver of persons with disability would have a bearing on the systematic rehabilitation of persons with disabilities, the Government issued OM of even number dated June 6, 2014 to exempt such employee from routine exercise of transfer/rotational transfer, subject to administrative constraints.
2. The scope of disability initially had covered
- blindness or low vision
- hearing impairment
- locomotor disability or cerebral Palsy
- leprosy cured
- mental retardation
- mental illness and
- multiple disabilities,
which subsequently, vide OMs of even number dated November 17, 2014 and January 5, 2016, was further extended to include ‘Autism’, ‘Thalassemia’ and ‘Haemophilia’.
With the enactment of the Rights of Persons with Disabilities Act, 2016 on April 17, 2017, the following instructions are issued in supersession of the above-mentioned OMs of even number dated June 6, 2014, November17, 2014 and January 5, 2016 with regard to the eligibility for seeking exemption from routine exercise of transfer/rotational transfer:
A Government employee who is a care-giver of dependent daughter/son/parents/spouse/brother/sister with Specified Disability, as certified by the certifying authority as a Person with Benchmark Disability as defined under Section 2(r) of the Rights of Persons with Disabilities Act, 2016 may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constratints.
The term “Specified Disability” as defined in the Schedule to the Rights of Persons with Disabilities Act, 2016, covers
- Locomotor disability including leprosy cured person, cerebral palsy, dwarfism, muscular dystrophy and Acid attack victims
- Hard of hearing
- Speech and language disabilities
- Intellectual disability including specific learning disabilities and autism spectrum disorder
- Mental illness
- Disability caused due to: (a) Neurological conditions such as Multiple sclerosis and Parkinson’s disease (b) Blood disorder- Haemophilia, Thalassemia and Sickle celldisease and
- Multiple disabilities
(more than one of the above specified disabilities) including deaf blindness and any other category of disabilities as may be notified by the Central Government.
The term ‘Specified Disability’ as defined herein is applicable as grounds only for the purpose of seeking exemption from routine transfer! rotational transfer by a Government employee, who is a care-giver of dependent daughter / son / parent / spouse / brother / sister as stated in Para above.
All the Ministries/Departments are requested to bring these instructions to the notice of all concerned under their control.