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Government of India
Ministry of Social Justice and Empowerment
Department of Empowerment of Persons with Disabilities (Divyangjan)

PATHWAYS
TO
ACCESS
/ t

Compilation of summaries of CAT decisions and important

orders/circulars/notifications of the Government of India
relating of service matters of persons with disabilities
 Pathways to Access (Part III) - Rights of Persons with Disabilities related to Employment

List of Abbreviations:

• CAT: Central Administrative Tribunal

• CCS: Central Civil Services
• CPSEs: Central Public Sector Enterprises
• DEPWD: Department of Empowerment of Persons with Disabilities (Divyangjan), Ministry of Social Justice and Empowerment, Government
of India
• DoE: Department of Expenditure, Ministry of Finance, Government of India
• DoPE: Department of Public Enterprises, Ministry of Finance, Government of India
• DoPPW: Department of Pension and Pensioners' Welfare, Ministry of Personnel, Public Grievances and Pensions, Government of India
• DoPT: Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Government of India
• M.A.: Miscellaneous Application
• NPS: National Pension System
• O.A.: Original Application
• O.M.: Office Memorandum
• PWD Act, 1995: Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995
• RPWDA: Rights of Persons with Disabilities Act, 2016
• RPWDR: Rights of Persons with Disabilities Rules, 2017

Framework & Approach:

This resource document provides a collated, summarised understanding and analysis of the law, and the efforts made towards realising the rights
and provisions pertaining to the employment of persons with disabilities. For context, a brief overview of the relevant provisions of the RPWDA,
that guarantee rights to persons with disabilities with respect to their employment, is provided in the section below. Specifically, this compilation
contains orders/circulars/notifications of the DoE, DoPE, DoPPW, DoPT and CAT which have been issued in pursuance to the provisions of the
RPWDA. As such, the orders/circular/notifications primarily concern employees in the public sector and cover
rights/entitlement/benefits/concessions provided to Government employees with disabilities.

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The orders/circulars/notifications were included based on their evaluation against the following criteria:

a) The order/circular/notification of the relevant Department substantially details or clarifies the scope of a right/entitlement/benefit/concession
provided to an employee with disability.
b) The order/circular/notification of the relevant Department has been issued to implement such a right/entitlement/benefit/concession provided
to an employee with disability.

Only those orders which meet one or both of the aforesaid criteria have been included in the present document.

This document has been prepared in plain English with due care to ensure that their essence is not compromised. The orders were identified
through the website of:

a) DoE (https://doe.gov.in/)
b) DoPE (https://dpe.gov.in/)
c) DoPPW (https://doppw.gov.in/en)
d) DoPT (https://dopt.gov.in/)

In addition to the above, since the orders of the CAT were not readily searchable/accessible on their website (https://cgat.gov.in/), the relevant
orders of the CAT were identified by way of a case law search conducted through a reliable online database of judgements and orders. If readers
wish to obtain any additional information about the orders of the CAT mentioned in this compilation, including their compliance, implementation
status, appeal status, etc., they are requested to verify the same from the relevant primary sources (the website of the CAT - https://cgat.gov.in/).

The particulars of the order/circular/notification are provided in the table below, and are hyperlinked for the convenience of the reader, to the
document containing that order/circular/notification on the website of the relevant authority (except for orders of the CAT, for which a separate
disclaimer has been provided under the section summarising those orders). Further, to allow easy navigation for readers interested in knowing the
position of law on specific rights, entitlements, benefits, allowances or concessions, a set of tags for each entry is provided in the fourth column of
the database. Appropriate tags have been identified for each entry by taking into account the specific employment related
right/benefit/entitlement/concession that the order/circular/notification relates to.

Brief Overview of RPWDA framework:

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The relevant orders/circulars/notifications included in this compilation primarily deal with provisions of the RPWDA and RPWDR relating to the
employment of persons with disabilities. These include specific provisions which aim to ensure equality, non-discrimination, and the protection of
rights for persons with disabilities in employment, as provided below:

Non-discrimination in Employment (Section 20 of the RPWDA):

• No government establishment can discriminate against persons with disabilities in matters related to employment.
• Government establishments must provide reasonable accommodation and ensure a barrier-free environment for employees with disabilities.
• Promotion cannot be denied to an employee solely on the basis of their disability.
• If an employee acquires a disability during service and is found unsuitable for their current post, they must be reassigned to a suitable position
with the same pay and benefits. If no suitable post is available, the employee can be retained in a supernumerary post until retirement.

Further, the Rule 3(2) of the RPWDR requires the head of a Government establishment or Private establishment with 20 or more employees to act
on complaints of discrimination on the grounds of disability by, either taking action under the RPWDA or providing a written explanation justifying
the act or omission as a proportionate means to achieve a legitimate aim.

Equal Opportunity Policy (Section 21 of the RPWDA):

• Every establishment must have an equal opportunity policy that promotes inclusiveness in employment for persons with disabilities.
• The policy should be registered with either the Chief Commissioner or the State Commissioner for Persons with Disabilities.

Further, as per Rule 8(3) of the RPWD, equal opportunity policies for private establishments with 20 or more employees and all Government
establishments must include: (a) facilities for persons with disabilities to perform their duties, (b) a list of suitable posts, (c) selection, training,
transfer, and promotion processes, (d) provisions for assistive devices and accessibility, and (e) the appointment of a liaison officer to oversee
disability recruitment.

Maintenance of Employment Records (Section 22 of the RPWDA):

• Establishments are required to maintain records of employees with disabilities, including details about employment, facilities provided, and
other relevant information.
• These records must be available for inspection by authorised personnel.

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Grievance Redressal (Section 23 of the RPWDA):

• Every government establishment must appoint a Grievance Redressal Officer to handle complaints related to discrimination towards persons
with disabilities in employment.
• If a complaint is not resolved satisfactorily, the aggrieved person can approach the District-Level Committee on disability.

Identification of Posts for Reservation (Section 33 of the RPWDA):

• The appropriate government is responsible for identifying posts in government establishments that can be reserved for persons with
benchmark disabilities.
• An expert committee, with representatives of persons with benchmark disabilities, must be constituted to assist with identifying such posts.
• A periodic review of these identified posts must be conducted every three years.

Reservation in Employment (Section 34 of the RPWDA):

• Government establishments are required to reserve at least 4% of vacancies for persons with benchmark disabilities. This reservation is
further divided based on the types of disabilities.
• If vacancies cannot be filled in a recruitment year due to non-availability of suitable candidates, the vacancy can be carried forward to the next
year. If a suitable candidate is still not available, the post can be filled by interchanging categories of disabilities or by appointing a non-disabled
person as a last resort.
• Relaxation in the upper age limit may also be provided for persons with benchmark disabilities.

Additionally, Section 35 of the RPWDA provides incentives to employers in the private sector to employ at least 5% of their workforce from
persons with benchmark disabilities.

Disclaimers:

1. This compilation is for general informational purposes only and is not intended to serve as an official record of any such
orders/circulars/notifications. If readers wish to obtain any further information about the orders/circulars/notifications mentioned in this
compilation, they are requested to verify the same from the relevant primary sources.

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2. The information contained in this compilation is taken from the websites of the DoE, DoPE, DoPPW, DoPT and a reliable online database for
CAT, published and readily available, as on 31 August 2024. Further developments concerning the orders/circulars/notifications mentioned, as
well as orders/circulars/notifications which may be dated 31 August 2024 (or a date prior to the said date), but were published on the said
website subsequent to 31 August 2024 have not been incorporated in this compilation.
3. Since the RPWDA came into force in April 2017, replacing the PWD Act, 1995, and reflecting India’s updated international commitments
under the United Nations Convention on the Rights of Persons with Disabilities, this compilation includes orders/circulars/notifications which
were issued between April 2017 and 31 August 2024, and were available as on 31 August 2024. However, exceptions have been made for any
orders/circulars/notifications issued prior to April 2017, i.e., during the older regime of the PWD Act, 1995, that remain legally valid and
enforceable under the RPWDA.
4. For the purpose of filtering relevant orders/circulars/notifications pertaining to the rights of persons with disabilities, only those
orders/circulars/notifications have been included in the compilation which deal with substantive rights, entitlements, benefits, allowances or
concessions for persons with disabilities. Orders/circulars/notifications which may be valid only for a short period in terms of their scope and
application (such as orders identifying relevant posts in specific departments for reservation for persons with disabilities, or orders advertising
for hiring or persons with disabilities in such departments) have not been included in this compilation.

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 Compilation of orders/circulars/notifications on the rights of persons with disabilities related to employment

A) Department of Personnel and Training (DoPT)

The DoPT is the coordinating agency of the Government of India responsible for personnel matters, including recruitment, training, career
development, and staff welfare. It formulates policies and ensures compliance across ministries on service conditions, postings, and
deputations for Central Government employees (including employees of CPSEs). With respect to persons with disabilities, the DoPT ensures
the implementation of reservation policies, promotes equal opportunities, and facilitates non-discriminatory employment practices within
government jobs, aligning with its broader mandate of personnel management.

S.No. O.M./Order No. Right/Provision Tags

1. No.DOPT-17144558 Leave Travel Concession scheme is a concessional travel facility for Government Travel Concession,
40135 dated 30 April employees to visit their hometown or any place in India. The travel expenses of Reimbursement for
2024 the employees and their eligible family members are borne by the relevant Travel
Government. The Leave Travel Concession facility is available only for journeys
undertaken in vehicles operated by the Government or any corporation in the
public sector run by the Central or State Government or a local body.

Taking into account that employees with disabilities are often unable to utilise
authorised modes of transport, they are offered a concession while availing the
scheme. The use of personal/hired vehicles for the journey on account of a
disability of the Government employee or their dependent family member is
permitted, and such employees are eligible to receive reimbursement for their
expenses on undertaking such a journey.

The O.M. references the previous O.M. issued by the DoPT on this matter O.M.
No. 31011/3/2009-Estt.(A) dated 28 October 2009.

2. No.DQPT-17120309 This O.M. is a compilation of instructions issued by the DoPT on various Women with

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 94647 dated 2 April allowances applicable to Central Government Employees. Disabilities, Child
2024 Care Allowance
One such allowance relevant to persons with disabilities relates to grants for child
care support to women employees with disabilities, especially when they have
children with disabilities. Such employees are eligible to receive a special
allowance of INR 3,000 per month for child care. The amount of the allowance is
revised from time to time, based on the revisions to dearness allowance and pay
structures for such employees.

The allowance is payable from the time of the child’s birth till the child is two years
old, and is applicable to a maximum of two eldest surviving children.

The O.M. references the previous O.M. issued by the DoPT on this matter OM No:
A-27012/03/2017-Estt.(AL) dated 16 August 2017.

3. No.36011/1/2022-Es This O.M. is a compilation of instructions issued by DoPT regarding reservation in Reservation in
tt(Res-l) dated 28 appointments to posts and services under the Central Government, and Central Government
March 2024 concessions/relaxations extended to persons with benchmark disabilities. Posts, Reservation in
Promotions
The O.M. states that four percent of the total number of vacancies to be filled up
by direct recruitment, in the cadre strength in each group of posts i.e. Groups A, B
and C shall be reserved for persons with benchmark disabilities, in line with the
RPWDA.

The O.M. further clarifies which disabilities are eligible to apply for these reserved
posts, how vacancies are to be calculated for the reserved posts, requirements for
a person with benchmark disabilities to apply to these posts, maintenance of a
register of complaints etc.

The O.M. also discusses the reservation in promotion for persons with benchmark

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 disabilities, and reiterates the provision in Section 20(3) of the RPWDA which
states that no promotion shall be denied to a person merely on the ground of
disability. It clarifies how posts are to be identified for reservation, how vacancies
are computed, horizontal reservation, reporting on filling of vacancies etc.

4. No.DQPT-17109219 This O.M. announces the launch of the PM-DAKSH-DEPWD digital platform by PM-DAKSH-DEPWD,
30511 dated 14 the DEPWD. This online portal serves as a comprehensive resource for the Employment Portal
March 2024 multifaceted employment needs for persons with disabilities, training
organisations, as well as employers and job aggregators.

All Ministries and Departments are instructed to disseminate information about

the portal within their offices, including subordinate and attached offices, CPSEs,
and autonomous bodies under their administrative control.

5. No. 36035/44/202 This O.M. outlines several guidelines aimed at facilitating the rights and welfare of Inclusive Work
3-Estt(Res-l 1) dated 2 persons with disabilities who are employed by the Government of India. These Environment,
February 2024 guidelines aim to create an inclusive and supportive environment for government Reasonable
employees with disabilities, ensuring that their rights are upheld and that they Accommodations
have access to the necessary resources to perform their duties effectively. This
includes:

- Job Identification and Retention: Government departments are required to

identify suitable jobs for persons with disabilities, allowing them to continue in
these roles without facing unnecessary restrictions.
- Training and Skill Development: Induction training for persons with
disabilities should be conducted alongside other employees. Job-specific
training, including post-recruitment and pre-promotion training, should be
inclusive, with tailored modules as necessary.
- Assistive Devices: Government offices must provide persons with disabilities
with assistive devices such as high-tech aids, software, and special furniture as

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 needed, either by supplying them or reimbursing costs.
- Barrier-Free Work Environment: Workplaces must be accessible to persons
with disabilities, with modifications like Braille signage, audio outputs in lifts,
and colour contrast for employees with low vision. This aims to ensure ease of
movement and accessibility in all government offices.
- Government Accommodation: Priority should be given to persons with
disabilities for accessible government housing, particularly on the ground floor,
and existing accommodations should be renovated for accessibility.
- Grievance Redressal: Special grievance redressal mechanisms should be
established in each department to address the concerns of persons with
disabilities. This includes appointing Liaison Officers familiar with disability
issues to ensure compliance with disability-related matters.
- Leave Provisions: Persons with disabilities are entitled to special casual leave
for disability-related matters, including four days per year for personal
disability requirements and ten days for participating in disability-related
events such as conferences or workshops.
- Transfer and Posting Preferences: Persons with disabilities should be exempt
from routine rotational transfers, and where feasible, they should be retained
in their current roles. When transfers are necessary, preference should be
given to postings that accommodate their disability.
- Exemption for Caregivers: Government employees who are primary
caregivers for dependents with disabilities are exempt from routine transfers,
ensuring stability in their roles while caring for family members with
disabilities.

All Government Ministries/Departments are instructed to inform appointing

authorities of these guidelines and ensure compliance, including the DoPE which
should implement them in CPSEs.

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6. No. The O.M. addresses the implementation of the Supreme Court of India's order in Implementation of
36012/1/2020-Estt. the case of Siddaraju v. State of Karnataka (M. A. No. 2171 of 2020 in C.A. No. 1567 the RPWDA,
(Res-ll), dated 26 of 2017) regarding reservation in promotions for persons with benchmark Reservations in
April 2023 disabilities, under Section 34 of the RPWDA. The DoPT has issued guidelines on Promotions
the implementation of the same (O.M. No.36012/1/2020-Estt (Res.-ll), dated 17
May 2022). However some contempt petitions and court orders predate this
directive and may not be in line with the DoPT guidelines.

Accordingly, all Ministries, Departments, CPSEs, and autonomous bodies are

instructed to ensure compliance with the order of the Supreme Court of India and
the DoPT guidelines, related to reservations for persons with benchmark
disabilities. If any difficulties arise in implementing these orders, they must
consult the Department of Legal Affairs and file an affidavit within the given time
frame by the Supreme Court of India. The O.M. also reiterates the importance of
following established procedures for handling court cases, ensuring consistent
responses across departments.

7. No. DO PT-16698942 This O.M. consolidates the rules related to premature retirement and the Voluntary
87310 dated 1 Voluntary Retirement Scheme for government employees, issued by the DoPT. Retirement,
December 2022 Non-discrimination in
It highlights that if a government employee acquires a disability and submits a
Employment
notice for voluntary retirement, they must be informed of their rights under
Section 20 of the RPWDA. This section ensures that employees who acquire a
disability can continue in service with the same pay scale and benefits. If the
employee, after being advised of this option, chooses not to withdraw their
retirement notice, the request for voluntary retirement may be processed.

8. No.DOPT-16696183 This O.M. consolidates all relevant instructions regarding exemptions from Typewriting Test
25007 dated 28 passing the Typewriting Test for Lower Division Clerks who do not belong to the Exemption, Physical
November 2022 Central Secretariat Clerical Service. The document is designed to serve as a Disability

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 comprehensive guide, eliminating the need to refer to older O.M.s.

Key provisions for persons with disabilities include an exemption for‘physically

handicapped persons’ (now persons with disabilities) from passing the
Typewriting Test for Lower Division Clerks (including tests conducted on
computers), as long as they are otherwise qualified for clerical posts and are
certified by a Medical Board or Civil Surgeon as being unable to type. The term
'physically handicapped persons' does not cover those who are visually impaired
or hearing impaired, but covers only those whose physical disability permanently
prevents them from typing.

This O.M. consolidates the instructions in F. No. 14020/2/91-Estt.D dated 29

September 1992; and F. No. 14020/1/2014-Estt.D dated 22 April 2015.

9. No.DOPT-16696971 The O.M. outlines the Rotational Transfer Policy for the Central Secretariat Rotational Transfer
76669 dated 2 Service. Policy, Transfer,
November 2022 Posting, Reasonable
With respect to persons with disabilities, it addresses the unique challenges faced
Accommodations
by officers with disabilities in terms of mobility and daily commute. It
acknowledges that factors such as the location of public transportation,
residential areas, and the means of conveyance can significantly impact their
ability to perform official duties. As a result, transfer and posting requests from
such officers will be considered on a case-by-case basis, to accommodate their
specific needs and taking these challenges into account.

10. No.DOPT-16675455 This O.M. consolidates instructions from the DoPT regarding the handling of Grievance Redressal,
96919 dated 23 representations on service matters from government servants and the process Representations on
September 2022 for government servants to approach legal recourse if necessary. Service Matters

The O.M. clarifies that while representations on service matters should typically

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 be submitted by government servants themselves, an exemption is provided for
persons with disabilities. If a government servant with a disability is unable to
submit a representation, their relatives may submit the representation on their
behalf. This exemption applies specifically in cases where the government servant
is unable to submit the representation themselves due to their disability.

The O.M. references the previous O.M. issued by the DoPT on this matter O.M.
No: 25/21/63-Ests.(A) dated 19 September 1963.

11. No.DOPT-16675693 The O.M. outlines the age relaxation provisions for persons with disabilities Age Relaxation in
93892 dated 6 seeking direct recruitment to CCS or Civil Posts. It consolidates the instructions CCS, Defence
September 2022 in O.M. No. 15012/l/2003-Estt.(D) dated 29 June 2015 and O.M. Services Personnel
No.36035/2/2017-Estt(Res) dated 15 January 2018. It provides the following with Disability
instructions:
- Age relaxation of 10 years in upper age limit shall be allowed for persons with
disabilities (15 years for Scheduled Caste/Scheduled Tribe candidates with
disabilities and 13 years for Other Backward Class candidates with
disabilities), subject to the maximum age of the applicant on the crucial date
not exceeding 56 years.
- The applicant should have minimum 40% of any of the following disabilities:
(a) blindness or low vision; (b) deaf and hard of hearing; (c) locomotor
disability including cerebral palsy, leprosy cured, dwarfism, acid attack
victims and muscular dystrophy; (d) Autism, intellectual disability, specific
learning disability and mental illness; (e) multiple disabilities from amongst
persons under clauses (a) to (d) including deaf-blindness.
- The age concession shall be admissible irrespective of the post being
reserved for persons with disabilities or not, provided that the post is
identified as suitable for the relevant category of disability. This provision is
not applicable to Civil Services Examinations.

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 - In case a person with disability is entitled to age concession by virtue of being
a Central Government employee, concession will be admissible either as a
'person with disability' or as a 'Central Government employee' whichever may
be more beneficial to them. This provision is not applicable to Civil Services
Examinations.
- These provisions are not applicable to posts/servicesforwhich other specific
provisions regarding age relaxation are made by notification.

Further, this O.M. also provides instructions for age-limit relaxation for Disabled
Defence Services personnel. It consolidates the instructions in O.M. No.
14/42/65-Estt(D) dated 29 March 1966: O.M. No,13/35/71-Estt.(C) dated 24
December 1971; O.M. No. 15012/2/2010-Estt.(D) dated 27 March 2012; and
O.M. No. 39016/5/1981-Estt.(C) dated 21 February 1981. It states as follows:

- Upper age limit relaxation up to 45 years (50 years for Scheduled

Caste/Scheduled Tribe candidates) for Group C posts filled through
Employment Exchange and Group A and B posts filled outside UPSC
Competitive Examinations.
- Relaxation of age limit by up to 3 years (or 8 years for Scheduled
Caste/Scheduled Tribe candidates) for competitive examinations. However,
Disabled Defence Services personnel will not have more attempts than the
maximum allowed for general candidates.

12. No. This circular contains a Scheme for providing facilities to employees with Employees with
B-11011/l/2016-Ad- disabilities of the DoPT. The objective of the Scheme is to enable and empower Disabilities in DoPT
UI elated 11 March persons with disabilities in DoPT by providing certain additional facilities to help
2016 them discharge their duties more conveniently and effectively. Such facilities
include wheelchairs (motorised, if required), special furniture, hearing aids with
battery, low vision aids, smart canes, special software/computers, Braille signage

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 near lift area, toilets, canteen, fire, exit etc., sound in biometric attendance system
and induction/lob specific training.

B) Central Administrative Tribunal (CAT)

The CAT was established under Article 323-A of the Constitution of India to adjudicate disputes related to recruitment and service conditions
of individuals appointed to public services under the control of the Government of India. It serves as a specialised judicial body, tasked to
provide speedy and effective justice in matters related to employment for Government employees, reducing the burden on regular courts and
offering simplified procedures for seeking grievance redressal.

With respect to persons with disabilities, the CAT ensures the enforcement of service conditions, rights, and protections afforded to them
under relevant laws, including the RPWDA, addressing issues related to recruitment, promotions, and discrimination. It plays a crucial role in
ensuring non-discrimination and equal opportunities in public sector employment for individuals with disabilities.

Disclaimer: The following compilation includes only those orders of the CAT that address rights, entitlements, benefits, allowances, or
concessions for persons with disabilities and that have not been overturned, modified or set aside on appeal by a higher court, including the
High Courts or the Supreme Court of India, as on 31 August 2024.

The orders of the CAT have been recovered from a reliable online database for judgementsand orders of various courts in India. If readers wish
to obtain any additional information about the orders of the CAT mentioned in this compilation, including their compliance, implementation
status, appeal status, etc., they are requested to verify the same from the relevant primary sources (the website of the CAT -
https://cgat.gov.in/).

S.No. Order no. Summary of Judgement Tags

1. OANo. 1052 of 2023 G.K. Soti vs. The Union of India and Ors. (29.05.2024 - CAT - Allahabad): Railway Board, Medical
MANU/CA/0900/2024 Examination, Promotions
for Persons with
In this case, the applicant, currently working in a Group 'C position, qualified Disabilities

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 for promotion to a Group 'B' post (Assistant Commercial Manager) in the
Commercial Department of the Railway Board. After successfully passing the
written exam, the applicant underwent a medical examination, where he was
declared unfit for promotion due to colour blindness. The applicant challenged
the medical report, claiming the examination was not conducted by an eye
specialist and referred to policies that allow for the promotion of persons with
disabilities, including those with visual impairments.

The applicant argued that, as per the Railway Board's policies, the post was
considered non-safety-related and therefore persons with disabilities should
be eligible for promotion. The respondents relied on other rulings of the CAT,
which stated that the post does involve safety-related duties and upheld the
requirement for medical fitness.

The CAT, in its order, reiterated that certain posts within the Railway Board,
including the current post, require fulfilment of medical standards for safety
reasons. It was also noted that promotions cannot be denied due to disabilities
unless the disability affects the person's ability to perform the job's higher
functions. As such, the CAT dismissed the case, finding no reason to interfere
with the medical report.

2. O.A. No. 3188/2018 Sumit vs. Govt of NCT of Delhi and Ors. (17.05.2024 - CAT - Delhi): Typewriting Test
MANU/CA/0833/2024 Exemption, Reasonable
Accommodations
In this case, the applicant, an orthopaedic candidate with a disability (63%
permanent impairment of the left elbow), was required to take a typewriting
skill test as part of a recruitment process. Despite his disability, the applicant
participated in the test due to not being informed about the possibility of
exemption. After failing the test, the applicant discovered that 16 other

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 candidates with disabilities had been exempted from the skill test.

The applicant submitted multiple representations seeking exemption from the

typing test, but the respondents argued that he had not presented the
necessary disability certificate in time and did not apply for exemption before
the test. The respondents contended that the applicant was negligent and
sought relief only after the results were declared, which disqualified him from
claiming exemption.

The CAT noted that the applicant was not informed about the exemption, and
such provisions for persons with disabilities should not be denied on technical
grounds. The Tribunal emphasised that the RPWDA supports reasonable
accommodation, and the applicant's disability should have been considered for
exemption from the typing test.

The order held that the applicant be granted exemption from the typing test,
with notional seniority, but without consequential reliefs. The respondents
were ordered to complete the necessary formalities within two months.

3. O.A.No. SareenaS.P. and Ors. vs. The Union Territory of Lakshadweep and Ors. Discrimination against
181/00102/2019 (16.02.2024 - CAT - Ernakulam): MANU/CA/0250/2024 Persons with Disabilities

In this case, the applicants are the mother and daughter (with 90% intellectual
disability) of a deceased primary school teacher. The applicants are contesting
the rejection of their application for compassionate appointment under the
applicable scheme. The applicant’s application for compassionate appointment
was rejected due to not meeting the benchmark points required by the
scheme.

The CAT held that the the applicants faced serious injustices due to

16
 administrative negligence and improper application of the compassionate
appointment scheme and that respondents need to re-evaluate the applicants’
application. The order noted significant lapses in the administration of the
compassionate appointment scheme, including delayed processing of the
application. The CAT also criticised the discrimination against disabled
dependents. It directed that the provisions used to reject the applications be
reconsidered, particularly in light of the principles of equality and reasonable
accommodation for persons with disabilities.

4. O.A. No. 1850/2017 Vempati Venkata Sai Seshagiri Rao vs. Railway Board and Ors. (22.04.2024 - CAT Medical Examination,
- Delhi): MANU/CA/06 12/2024 Reservation in
Employment
In this order, the applicant, who successfully passed the Engineering Services
Examination, and belongs to the category of persons with benchmark
locomotor disability, faced issues related to medical fitness despite being
listed in the merit list. Out of 609 advertised posts, 29 were reserved for
persons with disabilities. The applicant's candidature was rejected due to
being declared medically unfit by both the initial and Appellate Medical
Boards.

The CAT held that the medical examination should have assessed his fitness
according to his specific disability and the applicable reservation rules. The
applicant’s unfitness was assessed using general standards, which is
inappropriate for individuals with disabilities who are entitled to specific
accommodations. The order emphasised that the medical examination should
have focused on whether the applicant's disability affected his ability to
perform the duties of the specific post he was applying for. The CAT set aside

17
 the reports from the Medical and Appellate Medical Boards, ruling that the
applicant was wrongly declared unfit.

The decision underscores the necessity of fair and specific medical

assessments for persons with disabilities, aligning with legal provisions and
ensuring that reservation benefits are properly applied.

5. OA No. 339/2022 Amit Yadav vs. Comptroller and Auditor General, New Delhi and Ors. (23.01.2023 Reservation in
- CAT - Delhi): MANU/CA/0151/2023 Employment,
Discrimination
The applicant was diagnosed with obsessive-compulsive disorder and bipolar
disorder. The applicant qualified the Combined Graduate Level Examination
and was recommended for the Auditor position by the Staff Selection
Commission. However, the respondent returned his dossier, claiming he was
unsuitable for the role and suggesting he be reallocated to another
department.

The CAT held that the respondent’s decision was discriminatory and violated
the RPWDA. The RPWDA mandates specific reservations for persons with
benchmark disabilities. The Staff Selection Commission advertisement
grouped various categories of disabilities under “Other Persons with
Disabilities” without specifying posts for new categories like mental illness,
leading to confusion.

The order emphasised that persons with bipolar disorder and similar
conditions require appropriate workplace accommodations and professional
support. It criticised the respondent’s blanket declaration of the applicant as
“unfit for all services,” which undermines the purpose of the RPWDA.

18
 The CAT ruled that the applicant’s suitability should be reassessed by an
Independent Medical Board specifically for the Auditor position. If deemed
unsuitable, he must be offered an alternative appointment to a suitable post in
another department, with protections for his pay and conditions.

6. O.A. No. Santhosha H. vs. Union of India and Ors. (17.04.2023 - CAT - Bangalore): Disability Certification,
170/01057/2019 MANU/CA/0902/2023 Civil Services
Examination
The CAT addressed the case of an applicant with over 40% hearing
impairment who challenged the findings of medical examinations related to his
eligibility for the Civil Services Examination. The applicant had a disability
certificate from the All India Institute of Speech and Hearing, Mysore.
However, during subsequent medical evaluations, the Central Standing
Medical Board CSMB at Safdarjung Hospital and the Appellate Medical Board
at Al IMS, New Delhi, assessed his hearing impairment as less than 40%. The
Appellate Medical Board's decision was challenged by the applicant, who
argued that the process was flawed.

The CAT found that the procedures followed were in line with the regulations,
and the medical assessments by AllMS were deemed reliable. The applicant's
higher disability percentage report was not considered relevant to the 2018
examination results. The CAT upheld the decisions of the medical boards and
dismissed the applicant's challenge. The ruling underscores the importance of
adhering to established procedures for disability assessments and the finality
of medical board decisions in determining eligibility for reserved positions.

7. O.A.No. 3057/2021 Atul Ranjan vs. Union of India and Ors. (04.07.2023 - CAT - Delhi): Medical Evaluation, Civil
and M.A. No. 952/2023 MANU/CA/1368/2023 Services Examination

19
 The CAT addressed the petition by Mr. Atul Ranjan challenging the findings of
the medical examination, related to his eligibility for reservation under the
Persons with Benchmark Disability category in the Civil Services Examination
2020. He argued that he should be categorised under "Multiple Disabilities"
due to his hearing impairment and locomotor disability. However, his medical
evaluations classified him under "Locomotor Disability".

The AllMS and Appellate Medical Boards concluded that Ranjan’s disability
was primarily locomotor and did not meet the criteria for speech disability or
multiple disabilities. The percentage of his locomotor disability was recorded
as 90%, but he was not considered under multiple disabilities as per the
reports.

The CAT held that the AllMS medical report was valid and had no illegality or
arbitrariness in the findings. It noted that the applicant's grievance, although
genuine, could not override the procedural rules governing medical
assessments for ‘Persons with Benchmark Disability’ candidates. This decision
reinforces the adherence to established procedures for disability assessments
and the finality of medical board evaluations in determining eligibility for
disability reservations in competitive examinations.

8. O.A. No. 1788/2017 Geeta vs. Govt of N.C.T of Delhi and Ors. (19.04.2023 - CAT - Delhi): Certification of Disability,
MANU/CA/0846/2023 Employment

The applicant, a visually impaired individual, applied for the post of Assistant
Teacher (Nursery) with the Municipal Corporation of Delhi (MCD) under the
disability category. She had a 40% disability as per a certificate from Al IMS,

20
 however, her application was rejected based on an earlier certificate from
Deen Dayal Upadhyay Hospital, which indicated a 35% disability.

The applicant contended that the new disability certificate was valid and
should have been considered. She argued that visual impairment percentages
can vary, and the older certificate may have been based on outdated or
incorrect medical parameters. The CAT found that the respondents failed to
properly consider the more recent disability certificate. The rules require
compliance with the RPWDA and provisions for disability verification. It noted
that disability conditions may change over time and the process should be
more flexible. The order directed the respondents to form a new Medical
Board.

9. O.A. No. 1344/2023 Amzad vs. Northern Railway and Ors. (11.10.2023 - CAT - Delhi): Reservation for Persons
MANU/CA/1852/2023 with Benchmark
Disabilities
The CAT addressed a case concerning the reservation process for the post of
Senior Clerk cum Typist/Comml Clerk. The issue arose when a written
examination was planned to fill six positions, but only five candidates holding
the post of Clerk Cum Typist were deemed eligible. One of these positions was
reserved for a Scheduled Caste candidate who was also required to be a
person with benchmark disability.

The applicant, a person with benchmark disability, was unfairly excluded from
consideration because the reservation was specifically for an SC candidate
with a disability, despite the applicant's eligibility. This was contrary to the
RPWDA which mandates that reservations for persons with benchmark
disabilities should be treated as a separate category.

21
 The CAT found that this approach violated the RPWDA, which clearly
stipulates that persons with benchmark disabilities should be considered a
distinct category for reservation purposes. The initial process, which had
included the applicant, was improperly modified by reassigning the
reservation to Scheduled Caste candidate.

The CAT’s decision was to mandate a new process. This new process must
adhere strictly to the RPWDAt and relevant rules, ensuring that reservations
for persons with benchmark disabilities are treated independently from other
categories. The CAT directed that such reservations be applied directly and
that category assignments be based solely on merit following the selection.

10. O.A. No. P.K. Sadanandan vs. Union of India and Ors. (04.01.2022 - CAT - Madras): Reservation in
180/00403/2020 MANU/CA/0063/2022 Promotion

The CAT addressed the case of a postal employee with a disability, who was
denied promotions despite being entitled to benefits under the RPWDA. The
applicant, who had been receiving a Conveyance Allowance for his
orthopaedic disability since 1985, argued that his disability status should have
entitled him to promotions under the persons with disabilities category.
Despite his long service, he was promoted after almost four decades of
service, when he should have been promoted much earlier under the quota.

The applicant contended that the Department of Posts did not maintain a
proper roster to track reservations for persons with disabilities, as mandated
by government guidelines. The respondents argued that the applicant was
initially appointed on compassionate grounds, not under the persons with
disabilities category, and thus was not entitled to promotion benefits under
the RPWDA.

22
 However, the CAT rejected this argument, citingthe Supreme Court's ruling in
Rajeev Kumar Gupta v. Union of India, which states that persons with disabilities
are entitled to benefits under the RPWDA regardless of the mode of
recruitment. It held that the Department of Posts had failed to follow the
guidelines for maintaining a roster for reservations, which led to the applicant
being denied promotions he was entitled to. The CAT directed the
Department of Posts to correct this oversight by implementing the
reservation guidelines and promoting the applicant retrospectively, with
notional fixation of salary and pension adjustments.

11. OA/100/3754/2015 Manish vs. Delhi Transport Corporation, (11.02.2022 - CAT -New Delhi) Unlawful Termination,
MANU/CA/0128/2020 Non-discrimination in
Employment
The applicant, who was a driver with the Delhi Transport Corporation (DTC),
contested his termination following a medical declaration of unfitness due to
an accident. The court determined that employees on probation who develop
a disability are entitled to protections under Section 47 of the PWD Act, 1995.
This ruling affirms that disabled employees cannot be dismissed and should be
reassigned to an alternative position with equivalent pay and benefits.

12. O.A. No. 60/164/2019 Ashwani Kumar vs. Union of India and Ors., (20.02.2020 - CAT - Chandigarh) Family Pension, Eligibility
MANU/CA/0157/2020 Criteria

The applicant, a person with 100% visual impairment, sought a directive for
the grant of family pension as a child with disability of a Government
employee, under the Railway Services (Pension) Rules, 1993. The respondent
authorities refused his claim, arguing that he was not eligible for the pension
as he was over 25 years of age.

23
 The CAT reviewed the case under Rule 75(6) of the Railway Services (Pension)
Rules, 1993, which allows family pension for life to children with disabilities of
employees, if they are unable to earn a livelihood. The CAT found that the
applicant's 100% blindness qualified him as a child with disability, irrespective
of his age.

13. O.A. No. 60/547/2018 Rakesh Kumar vs. The Northern Railways and Ors., (20.02.2020 - CAT - Marital Status, Family
and 60/1988/2019 Chandigarh) MANU/CA/0228/2020 Pension

The plaintiff, a 100% disabled individual, was denied family pension on the
grounds of his "Bilateral Profound Sensory-Neural Hearing Loss" and his
marital status. However, Rule 75(6) of the Railway Services (Pension) Rules,
1993, provides that while unmarried sons and unmarried, widowed, or
divorced daughters are eligible for family pension only until they marry or
remarry, this rule does not apply to children with disabilities, who remain
eligible even if they marry, provided they are unable to earn a living.

The CAT found that the Railways Board's denial was inconsistent with Rule
75(6)(b) of the Railway Services (Pension) Rules, 1993, which entitles
dependents who have a disability to a pension if they cannot earn a livelihood.
The CAT upheld that a dependent with disability should receive a pension
regardless of their marital status or the type of their disability, as long as they
are unable to earn a living.

14. O.A No. Manas Ranjan Mohapatro vs. The Union of India and Ors., (06.03.2020 - CAT - Non-discrimination,
040/00323/2016 Guwahati) MANU/CA/0244/2020 Promotion in
Employment
The CAT addressed the denial of promotion to the applicant on the grounds of
a disability. Despite securing the 3rd position in the Limited Departmental
Competitive Examination for the promotion to Assistant Engineer Group B,

24
 the applicant’s promotion was nullified because of his visual impairment
(colour vision deficiency).

The Chief Medical Officer had recommended that the applicant be considered
for specific posts within the non-safety category, which would accommodate
his condition under relaxed medical standards. His promotion was rejected on
the grounds that accommodating him would be contrary to safety norms and
not in the best interest of the Railway Administration due to his long residual
service.

The CAT found this reasoning inadequate, noting that the applicant’s long
service should have been an asset, not a liability. The CAT set aside the
rejection letters and directed the authorities to reconsider Mohapatro's
promotion, ensuring it aligns with his medical fitness for the specified posts.

15. O.A. No. Ramesh Kallappa Kiwande vs. The General Manager (P), South Central Railway Non-discrimination,
210/0533/2014 and Ors., (05.02.2020 - CAT - Mumbai) MANU/CA/0357/2020 Injury during
Employment
The applicant, who sustained a severe injury in 2003, was declared unfit for
duty and discharged in 2004. He argued that the Railway Board’s refusal to
grant him an ‘invalid pension’ under Rule 55 of Railway Service (Pension)
Rules, 1993 and the creation of a supernumerary post was contrary to Section
47 of the PWD Act, 1995.

The CAT held that the Railway Board's instructions were inconsistent with the
PWD Act, 1995 which mandates supernumerary posts for employees declared
unfit but still needing alternative employment. The CAT directed the Railway
to grant the applicant supernumerary status from the date of his discharge,
ensure all due payments, and provide immediate financial assistance.

25
16. O.A. No. 4467/2017 Sudhir Kumar vs. Govt, of NCTD and Ors. (18/07/2019, CAT- Delhi): Medical Examination,
MANU/CA/0443/2019 Disability Certificate,
Travel Allowance
The applicant, who has a visual disability, argued that he should receive a
double transport allowance due to his condition. Initially, his disability was
reported as 75%, but a re-examination reduced his disability to 40%. However
it was noted that the applicant did not cooperate during the medical
re-examination, and the applicant complained of mistreatment.

The CAT held that the reduction of his transport allowance was effectuated
only because of the applicant's refusal to undergo further medical
re-examinations. His claim of harassment was rejected, and it was determined
that the decision to pay him the normal rate was correct, until he agreed to
undergo a proper medical examination. The case was dismissed, but the
respondent was directed to adjust the travel allowance based on future
medical evaluations.

17. O.A. No. 1763/2015 Rajesh Kumar Meena vs. Ministry of Railways and Ors. (31.10.2019 - CAT- New Non-discrimination in
Delhi) MANU/CA/0904/2019 Employment

The applicant, who had applied for a post in the Railway Board, was declared
unfit for the post by the Railway Medical Board due to the amputation of two
fingers. Although a government hospital certified him as having 5% disability,
but physically fit for the job, his application was still rejected.

The CAT held that if an employee has a bodily infirmity or disability which does
not affect the performance of day to day duties, the employees can be
considered for the appointment.

26
18. O.A. No. Sudhir Kumar B. vs. Union of India and Ors. (18.07.2019, CAT- Ernakulam) : Valid Disability
180/00100/2015 MANU/CA/0041/2019 Certificate, Travel
Allowance
The applicant, a Trained Graduate Teacher, developed a 75% visual disability,
certified by a Medical Authority, and was granted double transport allowance.
However, following complaints, a fact-finding inquiry questioned the
legitimacy of the certificate, leading to a re-examination that the applicant
allegedly evaded.

The Medical Authority later revised his disability to 40%. The

respondent-department reduced his allowance and issued a warning, which
the applicant contested in the CAT. The CAT found the applicant's refusal to
cooperate with re-examination unjustified, dismissed his plea, and upheld the
department's actions, allowing further disciplinary measures if necessary.

19. O.A. No. K. Rajendraprasad vs. Union of India and Ors. (23.01.2019, CAT- Ernakulam): Disability Entitlements,
180/00140/2016 MANU/CA/0042/2019 Pension, Delay in
Application
In this case the applicant, grievously injured while on duty in 1998, was
declared medically unfit and placed in a lower grade post without pay
protection. He later learned that under the PWD Act, 1995, he was entitled to
supernumerary status and full pay protection, which he had been denied.

Despite his retirement in 2010, the applicant sought these benefits. The
respondents rejected his claim due to delay. The Tribunal, referencing the
Supreme Court's judgement in M.R. Gupta v. Union of India, held that the
applicant's rights under the PWD Act, 1995 constituted a continuing cause of
action. The CAT directed the respondents to grant the applicant all benefits
under the PWD Act, 1995 including pensionary benefits, within three months.

27
20. O.ANos. 2233 and Pradeep Kumar Shrivastava and Ors. Vs. Central Bureau of Investigation and Ors. Transfer, Disability of
2236/2017 (08.02.2018, CAT- Delhi): MANU/CA/0078/2018 Family Members

In this case, the applicant sought judicial intervention in the matter of his
transfer on specified grounds i.e., mental illness of the applicant's child of 13
years (suffering from autism) and also his wife, who is suffering from
schizophrenia.

The CAT held that different treatment shall be given to the applicant, since the
transfer policy in question was meant for Government employees whose
circumstances were normal and not extraordinary. In its order, the CAT
discussed various provisions of the RPWDA, and held that shifting of the
applicant would have an adverse impact on the child and wife of the applicant.

The CAT concluded that the applicant has to be given different treatment than
envisaged under the transfer policies of the respondents. The respondents had
failed to take into consideration the circumstances mentioned by the applicant
indicating disability of his child and spouse requiring special attention, care
and high support. The CAT held that the decision of transfer in such a case is
against public policy and the provisions of the RPWDA.

21. O.A. No. 050/00465 of Ranjeet Kumar Vs. Union of India and Ors. (30.08.2017, CAT - Patna): Retirement, Invalid
2014 MANU/CA/0670/2017 Pension

The applicant challenged his forced retirement on the grounds of disability. He

had worked in the position of Track Manin the Railway Board, but pursuant to
a subsequent medical examination it was found that he was unfit and was
retired without any alternate employment consideration.

28
 The CAT upheld the retirement and stated that once a railway employee is
declared by a medical authority to be permanently incapacitated for further
service, he has to retire from service (while being provided invalid pension), if
alternate employment is not possible for him.

22. O.A. No. 279/2012 Hanuman Singh Vs. Union of India and Ors. (27.05.2016, CAT- Jodhpur): Non-discrimination in
MANU/CA/0549/2016 Employment

This case involved a Diesel Mechanic employed with the Railways Board. He
was medically deemed unfit for employment due to low vision that he acquired
during his service. He was placed in a lower post as a clerk and his pay was
fixed according to relevant rules.

The CAT ruled that it is illegal to dispense with or reduce the rank of an
employee who acquires a disability during his service. The pay scale and
service benefits of such persons after acquiring disability is protected by
Section 47 of the PWD Act, 1995 (corresponding to Section 20(4) of the
RPWDA).

C) Department of Expenditure (DoE)

The DoE is the nodal body responsible for overseeing public financial management in the Government of India, including state finances,
implementing recommendations of the Finance and Central Pay Commissions, and ensuring effective expenditure management across
Government Ministries and Departments. With respect to the employment of persons with disabilities, the DoE ensures that budgetary
provisions and policies are inclusive, aligning financial resources and expenditure policies to support the implementation of non-discriminatory
employment practices and welfare measures for employees with disabilities.

S.No. O.M./Notification No. Rights/Provisions Tag

29
1. NO.21/1/2018-E.IIB This O.M. contains a compendium of instructions on the grant of travel Transport Allowance,
dated 15 September allowance at twice the normal rates for persons with disabilities employed in Employee Benefits
2022 the central government. This consolidated master O.M. issued by the DoE
supersedes all earlier instructions issued on this subject.

This transport allowance at double the normal rates can be availed by central
government employees with benchmark disabilities, having a valid certificate
of disability issued by the Certified Medical Authority. The O.M. specifies
that the additional condition of recommendation of the concerned Head of
Department of a government hospital has been done away with.

The rates of such transport allowances are determined and notified time to
time by the DoE as per the recommendations of Central Pay Commissions.

2. No. This O.M. modifies a previous O.M. issued by the DoE (O.M. No. Publicly Funded Schemes
24(35)/PF-l 1/2012 24(35)PF-11/2012 dated 5 August 2016) on the guidelines for formulation, and Projects, Accessibility
dated 3 April 2018 appraisal and approval of Public Funded Plan Schemes and Projects.

Through this O.M., the DoE has amended the format for appraisal of
schemes/projects in the guidelines to include a requirement to bring out any
special interventions and measures proposed to meet the needs of persons
with disabilities, including accessibility requirements under the RPWDA.

3. Manual__________ on The DoE’s Manuals on Procurement of Goods, Procurement of Consultancy Procurement,

Procurement______ of and Other Services, and Procurement of Works were updated and amended Accessibility
Goods, Manual on in June 2022. The amended manuals mandate that procuring authorities are
Procurement______ of responsible for conducting public procurement in a way that prioritises
Consultancy_____ and accessibility for persons with disabilities.
Other Services, and

30
 Manual on
Procurement______ of
Works, updated in
June 2022

D) Department of Pension & Pensioners' Welfare (DoPPW)

The DoPPW is the nodal department responsible for formulating policies regarding pensions and retirement benefits for Central Government
employees governed by the CCS (Pension) Rules, 1972, and other related legislations. It also focuses on promoting the welfare of pensioners
and provides a platform for addressing grievances related to pensions.

With respect to persons with disabilities, the DoPPW ensures that policies related to pensions and retirement benefits are inclusive and
accommodate the specific needs of Government employees with disabilities, ensuring equitable access to retirement benefits and welfare
provisions. It plays a key role in addressing disability-related pension issues and ensuring non-discrimination in post-retirement benefits for
pensioners with disabilities.

S. No. O.M./Notification No. Right/Provision Tag

1. No.- This O.M. discusses the pension entitlements on discharge from service on NPS, Pension Benefits
57/03/2022-P&PW(B)/ account of invalidation or disablement, available to Central Government
8361(2) dated 28 employees covered under the NPS.
October 2022
The O.M. reiterates the process for application for discharge from service on
account of invalidation or disablement under Rule 16 and 17 of the CCS
(Implementation of NPS) Rules, 2021. The DoPPW has directed all relevant
government ministries and departments to train personnel dealing with the
pensionary benefits in that ministry or department and inform them about
the procedures under the CCS (Implementation of NPS) Rules, 2021, in order
to strictly implement the notified rules.

31
2. No.- This O.M. clarifies and reiterates the options available to a Government Pension Benefits,
57/03/2022-P&PW(B)/ employee to avail of a pension under various schemes, on discharge from Options for Pension
8361 dated 26 October service on account of invalidation or disablement. Schemes
2022
Rule 10 of the CCS (Implementation of NPS) Rules, 2021, allows employees,
at the time of joining service, the option to avail benefits under the NPS or
CCS (Pension) Rules, 2021 or CCS (Extraordinary Pension) Rules, 1939 in the
event of their death, disablement or invalidation during service. Existing
Government employees covered under the NPS can also exercise this option
to avail of pension under any one of the alternatives provided under Rule 10.

The O.M. describes the process for Government employees to avail of the
options for pension and directs all relevant government ministries and
departments to inform personnel dealing with pension services about the
available options for Government employees.

3. F.No. This O.M. discusses the grant of family pension under the CCS (Pension) Family Pension, Child
l/l(l))-2022-P&PW(E) Rules, 2021 to a deceased Government employee’s child or sibling with with Disability, Sibling
dated 26 October 2022 disability. with Disability
(available at pg. no. 161)
Rule 50 of the CCS (Pension) Rules, 2021 states that if the child or sibling of a
deceased Government employee has a physical or mental disability and is not
earning a livelihood, they are eligible to receive family pension benefits of the
deceased employee for life.

This has been reiterated from a previous O.M. of the DoPPW (1/17/2019-
P&PW(E) dated 8 February 2021), which amended the provisions of Rule 54
of the CCS (Pension) Rules, 1972. As per this, a child or sibling with disability
is deemed to be not earning a livelihood if their overall income from sources

32
 other than family pension is less than the entitled family pension and
dearness relief.

The O.M. also clarifies that the family pension is available to a child or sibling
of a deceased Government employee if:
- The child or sibling has any disability covered under the RPWDA, and has
a valid disability certificate;
- The existence of the disability of the child or sibling predates the death of
the Government employee or pensioner; and
- The child or sibling is not earning a livelihood.

4. 1/4/2021-P&PW(E) In this O.M., the DoPPW reiterated that according to Rule 50(9)(h)(vii) of the Family Pension, Pension
Part-1 dated 19 January CCS (Pension) Rules, 2021, in case a child of a Government employee with Disbursing Banks, Child
2022 intellectual disability or mental illness is eligible to receive family pension, the with Disability
family pension can be paid through a guardian nominated by the Government
employee or the pensioner.

In case the Government employee has not nominated a guardian for their
child during their lifetime, the guardian nominated by the spouse of such
Government employee or family pensioner will be considered eligible to
receive the family pension on behalf of the child with disability. The
Guardianship Certificate issued under Section 14 of the National Trust Act,
1999 will also be accepted for nomination or appointment of guardian for
grant of family pension.

The DoPPW has noticed that in some cases, the Pension Disbursing Banks
have been demanding a guardianship certificate issued by a court of law for
payment of family pension through a guardian for the child with disability.
However, it is clarified that no such guardianship certificate issued by a court

33
 of law is required as long as a guardian has been appointed in accordance with
Rule 50(9)(h)(vii) of the CCS (Pension) Rules, 2021. Pension Disbursing Banks
are directed to disburse the family pension in respect to such a child without
delay.

This O.M. supersedes and reiterates the previous O.M. of the DoPPW on this
matter, No.l/6/2020-P&PW (E dated 3 March 2020, states the process of
co-authorization of children with a permanent disability in Pension Payment
Orders for receiving the entitlement of family pension.

5. 1/3/2019-P&PW(F) Through this O.M., the DoPPW clarifies that a Government employee with Lump sum
dated 1 January 2021 disability, appointed on or after 1 January 2004 and covered under the NPS, is Compensation, Retention
also be eligible to receive a lump sum compensation computed in under of in Government Service
Rule 9(3) of CCS (Extraordinary Pension) Rules 1939, if the disability is
attributable to the Government service and the Government employee is
retained in service post acquiring the disability.

The DoPPW clarified that previously, the entitlement of a lump sum

compensation was available to a Government employee covered under the
NPS, only if they were relieved from service due to a disability attributable to
the Government service. This was stated in the DoPPW’s O.M. No.
38/41/06-P&PW (A) dated 5 May 2009. However, the present O.M. amends
the previous O.M. in order to extend the benefit of a lump sum compensation
even to Government employees who were retained in service post acquiring
the disability.

6. NO.1/7/2017-P&PW (F) The O.M. clarifies the process for computation of pension for any Central Disability Pension,
dated 28 July 2020 Government employee who was boarded out due to an injury/disability Service Element
attributable to the Government service, prior to 1 January 2006.

34
 Previously, if such an employee had a qualifying service of less than ten years,
they would be eligible to receive only the disability element of their disability
pension, and not the service element. However, this O.M. does away with the
requirement of ten years of qualifying service and states that any Central
Government employee who was boarded out due to an injury/disability
attributable to the Government service will be eligible to receive both, the
disability element and the service element of their disability pension.

7. No,12/4/2020-P&PW(C This O.M. consolidates instructions for Pension Disbursing Authorities to Pension Disbursing
)-6300 dated 28 July ensure smooth payment of pension/family pension to pensioners/family Authorities, Child with
2020 (available on pg. pensioners. Disability, Family Pension
no. 18)
With respect to disbursement of family pension to children of Government
employees who have a disability, the O.M. clarifies that if the disability of the
child is temporary, the guardian of such a child shall produce a disability
certificate once every five years, as long as the child continues to have the
disability. The child with disability is also required to self-certify every year
that they have not started earning a livelihood.

8. NO.1/6/2017-P&PW (F) This O.M. clarifies the procedure for calculation of disability pension and Retired Medical Officers,
dated 10 October 2018 family pension under the CCS (Extraordinary Pension) Rules, 1939 for Non-performing
pre-1996 and pre-2006 disability pensioners and family pensioners. The Allowance
revision now includes a Non-performing Allowance as part of the disability
pension and family pension covered under the CCS (Extraordinary Pension)
Rules, 1939 to retired Medical Officers.

9. NO.1/4/2016-P&PW (F) The O.M. revises the disability pension and family pension for pre-2016 Pre-2016 Disability
dated 12 October 2017 pensioners under the Civil Services (Extra Ordinary Pension) Rules, 1939, in Pensioners, Disability

35
 accordance with the recommendations of the 7th Central Pay Commission. Pension, Family Pension

The O.M. includes revisions to the disability and family pensions based on the
7th Central Pay Commission pay matrix and details the revised pension rates.
This applies to pensioners who retired or died before 2016. Further, the
revision is not subject to the maximum pension limits, and the changes apply
to various government employees, including those under the NPS.

10. NO.1/4/2017-P&PW (F) This O.M. reflects the recommendation of 7th Central Pay Commission to Constant Attendant
Dated 2 August 2017 increase the Constant Attendant Allowance for employees with disabilities, to Allowance, Disability
(available on pg. no. 32) INR 6750 per month from INR 4500 per month. The Constant Attendant Pension
Allowance is granted to pensioners who retired from Government service and
were eligible for disability pension under the CCS (Extraordinary Pension)
Rules, 1939. Such Constant Attendant Allowance is provided to pensioners
with 100% disability (where the individual is completely dependent on
somebody else for day-to-day function) and is paid in addition to the disability
pension.

11. NO.1/4/2016-P&PW (F) This O.M. issues a clarification on the quantum of disability pension/family Minimum Disability
dated 2 August 2017 pension under CCS (Extraordinary Pension) Rules, 1939, in order to Pension
implement the recommendations of the 7th Central Pay Commission.

It clarifies that the disability pension would continue to be calculated in

accordance with Schedule II of CCS (Extraordinary Pension) Rules, 1939.
However, the minimum disability pension with effect would be INR 18,000
per month, with effect from 1 January 2016 for all categories of employees
with disabilities.

12. No. l/4/2016-P&PW(F) This O.M. issues a clarification on the issue of upper ceiling for disability Upper Ceiling of Pension,

36
 dated 11 November pension and family pension. As per OM No. 38/37/2016-P&PW(A)(ii) dated 4 Pension Calculation
2016 August 2016 issued by the DoPPW, the upper ceiling of disability pension and
family pension was indicated to be 50% and 30% respectively of the highest
pay in the Government, ie. INR 2,50,000.

However, through the present O.M., the DoPPW has clarified that this ceiling
of disability pension/family pension is applicable only in the case of pension
drawn under the CCS (Pension) Rules, 1972 and will not apply in the case of
disability pension/family pension under CCS (Extraordinary Pension) Rules,
1939. Under the latter rules, the calculation of disability pension/family
pension includes a ‘disability element’, in addition to the ‘service element’, and
as such the upper ceiling of disability pension and family pension is not
applicable.

13. NO.45/3/2008-P&PW The O.M. revises the disability and family pensions for pre-2006 pensioners Pre-2006 Disability
(E) dated 8 August 2016 under the CCS (Extraordinary Pension) Rules, 1939. Previously, the service Pensioners
element of disability pension was available only to pensioners who had
completed 33 years of service. This requirement is now removed for
pre-2006 disability pensioners, making them eligible to receive the revised
disability pension without pro-rata reduction, and arrears payable from 1
January 2006.

14. No.1/18/200 1 - The DoPPW has issued this O.M. to answer the clarifications sought by the Family Pension, Death of
P&PW(E)(Vol.ll) dated Ministry of Railways regarding grant of family pension to a Government Pensioner
27 January 2016 employee’s child or sibling with disability. It clarified that non-intimation of
the disability of the chi 1 d/sibling to the Pension Sanctioning Authority in the
lifetime of the Government employee does not make a chiId/sibling ineligible
for family pension.

37
 It further clarified that a disability certificate issued for the chiId/sibling after
the death of the employee/pensioner for a disability which existed before
their death may be accepted by the Pension Sanctioning Authority if they are
satisfied that:
(i) it renders the child or sibling unable to earn a living,
(ii) the child/sibling had that disability on the date of death of the
pensioner/employee.

Further, the O.M. reiterates that there is no requirement of obtaining a fresh

disability certificate specifically for the family pension if the child/sibling
already has a permanent disability certificate issued by the authorised
medical authority.

15. Gazette Notification This notification amended the General Provident Fund (Central Services) Provident Fund,
G.S.R. 141 dated 22 Rules, 1960. Advances, Travel
September 2022 Expenses
The amendment makes the following changes to the payment of provident
fund for persons with disabilities:
- Amendment to Sub-rule (1) of Rule 12 allows the Head of Office to
approve the payment of an advance to any subscriber to cover costs
associated with illness (confinement) or disability, including, if required,
travel expenses for the subscriber, their family, or any person who is
dependent on them.
- Amendment to Sub-rule (1) of Rule 15 allows the Head of Department to
approve withdrawals for covering costs associated with an illness
(confinement) or disability, including, if required, travel expenses for the
subscriber, their family, or any person who is dependent on them.

16. Gazette Notification This notification amended Rule 38 of the CCS (Pension) Rules, 1972. It Disability Pension, Invalid

38
 G.S.R. 12(E) dated 04 introduces changes related to disability and invalidity pensions for Pension
January 2019 government employees. The amendment specifies that if a government
employee acquires a disability, their case will be governed by Section 20 of the
RPWDA, provided they submit a disability certificate from a competent
medical authority.

Further, it clarifies that if Section 20 of the RPWDA is not applicable and the
employee retires due to bodily or mental infirmity, they are still eligible for
invalid pension under Rule 49 of the CCS (Pension) Rules, 1972. This applies
even if the employee has less than 10 years of qualifying service, as long as
they were medically examined and declared fit for service when appointed
and meet all other conditions for invalid pension.

These amendments align the CCS (Pension) Rules, 1972 with the provisions of
the RPWDA, and ensure fair pension benefits for government employees
retiring due to disability or infirmity.

E) Department of Public Enterprises (DoPE)

The DoPE serves as the central coordinating agency for the formulation of policies and guidelines related to the functioning, performance, and
governance of public sector enterprises in India. With respect to persons with disabilities, the DoPE plays a crucial role in ensuring that public
sector enterprises implement inclusive policies that support the recruitment, retention, and welfare of employees with disabilities. It helps
formulate guidelines to promote equal opportunities and non-discriminatory practices within public sector enterprises, contributing to the
broader mission of responsible and inclusive governance.

Note: In addition to the orders/circulars/notification of the DoPE itself, often the orders/notifications/circulars of the DoPT are also required to
be adopted and implemented by the DoPE (instances of which are indicated in the summaries of the DoPT orders/notifications/circulars
above). This ensures that public sector enterprises follow inclusive policies regarding the recruitment, retention, and welfare of persons with
disabilities.

39
S. No. O.M./Notification No. Right/Provision Tag

1. DPE-GM-0043/2014-G This O.M. emphasises on the strict adherence to provisions and guidelines Transfer Policies,
M (FTS-1899) dated 5 regarding the transfer of employees with disabilities in CPSEs. It has been issued Promotion, Caregivers of
April 2023 by the DoPE pursuant to an order of the Office of the Court of Chief Persons with Disabilities
Commissioner for Persons with Disabilities (Case No./ F.No.: 13604/1022/2022
dated 07 February 2023), which lays down the relevant legal provisions and
benefits for employees with disabilities, which protect them from arbitrary
transfers, ensuring reasonable accommodations and barrier-free environments.

Key highlights include:

- Transfer Policies: Divyang employees should be exempted from routine

transfers, and if transferred, they should preferably remain close to their
current location or native place.
- Promotion-Related Transfers: Employees should not be transferred during
promotion if a vacancy exists in their current branch or town. If relocation is
necessary, it should be to the nearest possible location.
- Caregiver Exemptions: Employees who are caregivers to disabled
dependents are also protected from routine transfers under specified
conditions.

The DoPE directs all CPSEs to comply with these guidelines, ensuring a
supportive work environment for employees with disabilities.

40
2. O.M. No. This O.M. addresses the inclusion of additional/double Transport Allowance for Transport Allowance,
W-02/0015/2021-DPE persons with disabilities, in the list of allowances which are exempt from an Ceiling
(WC) dated 21 upper ceiling.
February 2022
In the matter of Sh. K. Shiva Reddy & Ors. (Case No. 11927/1024/2020 dated 12
February 2021), the office of Chief Commissioner for Persons with Disabilities
recommended that the DoPE should amend its previous O.M. (No.
W-02/0030/2018-DPE (WC) dated 10 July 2018) to exempt transport
allowance from the ceiling of 35% of basic pay for perks and benefits for persons
with disabilities.

The O.M. states that following consultation with the DoE, it was decided that:

1. Employees with disabilities are entitled to double the transport

allowance to facilitate their commute.
2. The additional transport allowance for employees with disabilities will
be excluded from the 35% ceiling on perks and benefits

CPSEs are instructed to review and fix transport allowance in consultation with
their administrative ministries.

In order to implement this O.M., the DoPE issued another O.M.

No.W-02/0015/2021-DPE (WQ-GL-V/2023 dated 16 March 2023 to clarify
that the exemption from the upper limit fortravel allowance for employees with
disabilities will be in effect from 21 February 2022.

41
3. O.M. No. This O.M. of the DoPE directs CPSEs to conduct accessibility audits of their Accessibility Audit, Built
6(9)/2014(SC/ST infrastructure and to make their built up environment accessible to persons with up Environment
Cell)/FTS-1955 dated disabilities.
23 February 2016
CPSEs are directed to increase accessibility through ramps in common/public
buildings, accessible parking, accessible toilets, Braille symbols and auditory
signals in elevators etc.

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