Don't lay off disabled employees: DoPT to govt depts

No government entity shall dispense with the services of an employee who acquires a disability during the course of service or deny promotion on these grounds, the Centre said today.
The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, or the PWD Act, states 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 provisions of the PWD Act in order to help him take a considered decision, said an order issued by the Department of Personnel and Training (DoPT).

In the draft guidelines formed by it, DoPT has said that it has been noticed that on many occasions, persons suffering from physical or mental disability seek voluntary retirement owing to their inability to attend to duty, not being aware of the protection afforded by the PWD Act.
Citing the Act, it said no establishment shall dispense with or reduce in rank an employee who acquires a disability during service.
"Provided that if an employee, after acquiring disability, is not suitable for the post he was holding, (he or she) could be shifted to some other post with the same pay scale and service benefits," the guidelines said.

No promotion shall be denied to a person merely on the grounds of disability, it further said.
The departments will have to keep these guidelines in view while processing cases of requests for voluntary retirement in case of disability. DoPT asked all departments to send their views on these guidelines by February 20.