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Rule 39 - Disability & Retirement | KartavyaDesk

CCS Pension

Original Rule Text

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.

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

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

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?

Related Rules

Rule 62CCS (Pension) Rules, 2021 - Rule 62Rule 19CCS (Pension) Rules, 2021 - Rule 19Rule 65CCS (Pension) Rules, 2021 - Rule 65Rule 68CCS (Pension) Rules, 2021 - Rule 68Rule 72CCS (Pension) Rules, 2021 - Rule 72

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