Request for Voluntary Retirement from Persons suffering with disability – DoPT Order
Subject: – Request for Voluntary Retirement from Persons suffering with disability – regarding.
Draft of the Office Memorandum
Subject : Request for Voluntary retirement from persons suffering from disability — Supreme Court Order in Bhagwan Dass & Anr Vs Punjab State Electricity Board (2008) 1 SCC, 579.
“Non-discrimination in Government Employment — (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 the 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.
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 provisions of this section”.
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