Rule 39 - Disability & Retirement

CCS Pension

39. Invalid pension.- (1) The case of a Government servant acquiring a disability, where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, shall be governed by the provisions of the said section:
Provided that such employee shall produce a disability certificate from the competent authority as prescribed under the Rights of Persons with Disabilities Rules, 2017.
(2) If a Government servant, in a case where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are not applicable, intends to retire from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service, he may apply to the Head of Department for retirement on Invalid Pension:
Provided that an application for invalid pension submitted by the spouse of the Government servant failing which by a member of the family of the Government servant may also be accepted, if the Head of Department is satisfied that the Government servant himself is not in a position to submit such application on account of the bodily or mental infirmity:
Provided further that where a Government servant, who has acquired a disability and in whose case the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, intends to retire under this rule, the Government servant shall be advised that he has the option of continuing in service with the same pay scale and service benefits which he is otherwise entitled to and in case the Government servant does not withdraw his request for retirement under this rule, his request may be processed in accordance with the provisions of this rule.
(3) On receipt of an application under sub-rule (2), the Head of Office or Head of Department shall, within fifteen days of the receipt of such application, request the concerned authority for examination of the Government servant, not later than thirty days from the date of receipt of such request by the following medical authority, namely:-
(a) a Medical Board in the case of a Gazetted Government servant and of a non-Gazetted Government servant whose pay, as defined in rule 9 (21) of the Fundamental Rules, 1922 exceeds fifty- four thousand rupees per month; and
(b) Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.
(4) The medical authority shall also be supplied by the Head of the Office or Head of Department in which the applicant is employed with a statement of what appears from official records to be the age of the applicant, and if a service book is being maintained for the applicant, the age recorded therein should be reported and a copy of the letter requesting for examination by the medical authority shall be endorsed to the Government servant.
(5) The Government servant shall appear before the concerned medical authority for medical examination on the date fixed by that authority and the medical authority shall examine the Government servant to ascertain whether or not the Government servant is fit for further service or whether he is fit for further service of less laborious character than that which he had been doing.
(6) No medical certificate of incapacity for service may be granted unless the medical authority has received a request from the Head of his Office or Head of Department for medical examination of the Government servant.
doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.
(8) Where the medical authority referred to in sub-rule (3) has found a Government servant mentioned in sub-rule (2) not fit for further service or has found him fit for further service of less laborious character than that which he had been doing, it shall issue a Medical Certificate in Format 6 and if the Government servant is found to be unfit for further service, he may be granted invalid pension in accordance with rule 44 not later than forty five days from the date of the receipt of medical certificate in Format 6.
(9) A Government servant, who retires from service even before completing qualifying service of ten years, shall also be granted invalid pension and, in his case, the amount of pension shall also be calculated at fifty percent of emoluments or average emoluments, whichever is more beneficial to him in accordance with rule 44:
Provided that in such cases the Government servant-
(a) has been examined by the appropriate medical authority either before his appointment or after his appointment to the Government service and declared fit by such medical authority for Government service; and
(b) fulfils all other conditions mentioned in this rule for grant of invalid pension.
(10) In case, the Government servant has been found to be fit for further service of less laborious character than that which he had been doing, he shall, if, he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension.

What This Means

Rule 39 of the CCS (Pension) Rules, 2021 deals with voluntary retirement for government employees who have acquired a disability and are covered under Section 20 of the Rights of Persons with Disabilities Act, 2016. This rule ensures that such employees are fully aware of their rights and options before making a decision about retirement. Specifically, it mandates that the government must inform the employee about their right to continue in service with the same pay scale and benefits, despite their disability. This provision aims to protect the interests of disabled employees and prevent them from being pressured into early retirement due to their disability.

In essence, before processing a voluntary retirement request from a disabled employee covered by the Act, the government must actively advise them of their option to continue working under the same terms. Only if the employee, after being informed of this option, still wishes to proceed with retirement, can the request be processed according to the standard voluntary retirement procedures. This rule underscores the government's commitment to inclusivity and ensuring fair treatment for employees with disabilities.

This rule directly affects government employees who have acquired a disability during their service and are considering voluntary retirement. It places a responsibility on the government to ensure these employees are fully informed of their rights and options before their retirement request is processed.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

1Applies to government servants with disabilities covered under Section 20 of the Rights of Persons with Disabilities Act, 2016.
2Mandates that the government inform the employee of their option to continue service with the same pay and benefits.
3The employee's voluntary retirement request can only be processed if they still wish to retire after being informed of their right to continue service.
4Aims to protect the rights and interests of disabled government employees.
5Promotes inclusivity and fair treatment for employees with disabilities.

Practical Example

Mr. Verma, a Section Officer in the Ministry of Finance, developed a visual impairment due to an accident. He applied for voluntary retirement under Rule 39 of the CCS (Pension) Rules, 2021. Before processing his application, the department head, following Rule 39, informed Mr. Verma in writing about his right to continue working with the same pay scale and benefits, including reasonable accommodations for his disability. Mr. Verma was also offered assistive technology and training to help him perform his duties effectively.

After considering the options, Mr. Verma decided to withdraw his voluntary retirement request and continue working. The department provided him with the necessary support, including a screen reader and accessible documents. Had Mr. Verma still wished to retire after being informed of his options, his application would have been processed according to the standard voluntary retirement procedures.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Cross References

Rule 44Rule 9

Frequently Asked Questions

What is the significance of Section 20 of the Rights of Persons with Disabilities Act, 2016 in relation to Rule 39?▼

Section 20 of the Act provides for non-discrimination in employment and mandates reasonable accommodation for persons with disabilities. Rule 39 ensures that this provision is upheld by informing disabled employees of their right to continue service before processing their voluntary retirement request.

What happens if the government fails to inform the employee of their option to continue service?▼

If the government fails to inform the employee, the retirement process may be considered invalid, and the employee may have grounds to challenge the retirement. The rule places a clear obligation on the government to provide this information.

Does this rule apply to all government employees seeking voluntary retirement?▼

No, this rule specifically applies to government employees who have acquired a disability and are covered under Section 20 of the Rights of Persons with Disabilities Act, 2016.

What kind of 'service benefits' are referred to in this rule?▼

Service benefits include salary, allowances, promotions, medical benefits, housing, and other entitlements that the employee would have been eligible for had they not acquired the disability.

If an employee chooses to continue working, what kind of support can they expect?▼

The employee can expect reasonable accommodations, assistive technology, training, and other support necessary to enable them to perform their duties effectively. The specific support will depend on the nature of the disability and the requirements of the job.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Rule 39 of the CCS (Pension) Rules, 2021, what is the primary obligation of the government when a government servant covered under Section 20 of the Rights of Persons with Disabilities Act, 2016, applies for voluntary retirement?

Rule 39 - Disability & Retirement

CCS Pension

39. Invalid pension.- (1) The case of a Government servant acquiring a disability, where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, shall be governed by the provisions of the said section:
Provided that such employee shall produce a disability certificate from the competent authority as prescribed under the Rights of Persons with Disabilities Rules, 2017.
(2) If a Government servant, in a case where the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are not applicable, intends to retire from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service, he may apply to the Head of Department for retirement on Invalid Pension:
Provided that an application for invalid pension submitted by the spouse of the Government servant failing which by a member of the family of the Government servant may also be accepted, if the Head of Department is satisfied that the Government servant himself is not in a position to submit such application on account of the bodily or mental infirmity:
Provided further that where a Government servant, who has acquired a disability and in whose case the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) are applicable, intends to retire under this rule, the Government servant shall be advised that he has the option of continuing in service with the same pay scale and service benefits which he is otherwise entitled to and in case the Government servant does not withdraw his request for retirement under this rule, his request may be processed in accordance with the provisions of this rule.
(3) On receipt of an application under sub-rule (2), the Head of Office or Head of Department shall, within fifteen days of the receipt of such application, request the concerned authority for examination of the Government servant, not later than thirty days from the date of receipt of such request by the following medical authority, namely:-
(a) a Medical Board in the case of a Gazetted Government servant and of a non-Gazetted Government servant whose pay, as defined in rule 9 (21) of the Fundamental Rules, 1922 exceeds fifty- four thousand rupees per month; and
(b) Civil Surgeon or a District Medical Officer or Medical Officer of equivalent status in other cases.
(4) The medical authority shall also be supplied by the Head of the Office or Head of Department in which the applicant is employed with a statement of what appears from official records to be the age of the applicant, and if a service book is being maintained for the applicant, the age recorded therein should be reported and a copy of the letter requesting for examination by the medical authority shall be endorsed to the Government servant.
(5) The Government servant shall appear before the concerned medical authority for medical examination on the date fixed by that authority and the medical authority shall examine the Government servant to ascertain whether or not the Government servant is fit for further service or whether he is fit for further service of less laborious character than that which he had been doing.
(6) No medical certificate of incapacity for service may be granted unless the medical authority has received a request from the Head of his Office or Head of Department for medical examination of the Government servant.
doctor shall be included as a member of the Medical Board when a woman candidate is to be examined.
(8) Where the medical authority referred to in sub-rule (3) has found a Government servant mentioned in sub-rule (2) not fit for further service or has found him fit for further service of less laborious character than that which he had been doing, it shall issue a Medical Certificate in Format 6 and if the Government servant is found to be unfit for further service, he may be granted invalid pension in accordance with rule 44 not later than forty five days from the date of the receipt of medical certificate in Format 6.
(9) A Government servant, who retires from service even before completing qualifying service of ten years, shall also be granted invalid pension and, in his case, the amount of pension shall also be calculated at fifty percent of emoluments or average emoluments, whichever is more beneficial to him in accordance with rule 44:
Provided that in such cases the Government servant-
(a) has been examined by the appropriate medical authority either before his appointment or after his appointment to the Government service and declared fit by such medical authority for Government service; and
(b) fulfils all other conditions mentioned in this rule for grant of invalid pension.
(10) In case, the Government servant has been found to be fit for further service of less laborious character than that which he had been doing, he shall, if, he is willing to be so employed, be employed on lower post and if there be no means of employing him even on a lower post, he may be admitted to invalid pension.

What This Means

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

1Applies to government servants with disabilities covered under Section 20 of the Rights of Persons with Disabilities Act, 2016.
2Mandates that the government inform the employee of their option to continue service with the same pay and benefits.
3The employee's voluntary retirement request can only be processed if they still wish to retire after being informed of their right to continue service.
4Aims to protect the rights and interests of disabled government employees.
5Promotes inclusivity and fair treatment for employees with disabilities.