Leave to a CG Employee who is unlikely to be fit to return to duty

DoPT clarification Regarding Leave to a Government servant who is unlikely to be fit to return to duty.

No. 18017/1/2014-Estt(L)

Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Old JNU Campus,
New Delhi 110 067
Dated: 17.07.2018

OFFICE MEMORANDUM

Subject: Leave to a Government servant who is unlikely to be fit to return to duty — Reg.

The undersigned is directed to say that the CCS (Leave) Rules, 1972 have been amended vide Notification G.S.R. No. 438 (E) dated 03.04.2018 (copy enclosed) to bring them in conformity with the Rights of Persons with Disabilities Act, 2016. Accordingly, it has now been decided that leave applied under rule 20, shall not be refused or revoked without reference to the Medical Authority, whose advice shall be binding. Further, any leave debited for the period(s) granted after receipt of the certificate of disability of the Medical Authority, shall be remitted back into the leave account of the Government servant. The Certificate of Disability is required to be issued in Form ‘3A’ which should be signed by a Government doctor of a Government medical board. Further, a Government servant who is granted leave in accordance with the provisions of clause (b) of sub rule (1) of rule 20 of CCS (Leave) Rules, 1972, the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016(49 of 2016) shall, suo-motu, apply.

2. These orders are to be effective from 19.04.2017.

3. Hindi Version will follow.

Encl: As above

S/d,
(Sandeep Saxena)
Under Secretary to the Government of India

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel And Training)

NOTIFICATION

New Delhi. the 3rd April, 2018

G.S.R. 438(E).—In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-, General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely:-

1. (1) These rules may be called the Central Civil Services (Leave) Second Amendment Rules, 2018.

(2) They shall be deemed to have come into force on the 19th day of April, 2017.

2. In the Central Civil Services (Leave) Rules. 1972 (hereinafter referred to as the said rules), in rule 3, in sub-rule (1):-

(i) after clause (f). the following clause shall be inserted. namely:-

(ii) “disability” means “specified disability”, “benchmark disability” and “disability having high support needs” as referred to in the Rights of Persons with Disabilities Act. 2016(49 of 2016).

3. In the said rules, in rule 7, after sub-rule (2). the following proviso shall be inserted, namely:-

“Provided that leave applied under rule 20, shall not be refused or revoked without reference to the Medical Authority, whose advice shall be binding.”.

4. In the said rules, in rule 12.-

(a) in sub-rule (1), after the words “No Government”, the word “servant” shall be inserted;

(b) after sub-rule (2), the following proviso shall be inserted namely:-

“Provided that this rule shall not apply to a case where leave is applied on medical certificate, in connection with a disability.” .

5. In the said rules, in rule 14, the following proviso shall be inserted, namely:—

” Provided that where a Government servant is unable to submit an application or medical certificate on account of a disability, such application or medical certificate may be signed and submitted by –

(a) the spouse of the Government servant: or

(b) the parents in case of an unmarried Government servant; or

(c) the child including adopted child or brother or sister of the Government servant, who has attained the age of majority; or

(d) any person who has been assigned limited guardianship of the Government servant in terms of section 14 of the Rights of Persons with Disabilities Act, 2016(49 of 2016), and the same shall be deemed to have been made and submitted by the Government servant himself.”.

6. In the said rules, in rule 19, far sub-rule 2, the following shall be substituted, namely:—

“(2) In case of a Government servant who has acquired a disability, the Medical Authority shall certify, in Form 3A, —

(a) the nature and extent of the disability:

(b) the date from which such disability has occurred or manifested, to the extent it may be medically possible to indicate the same;

(c) whether there are reasonable prospects for the Government servant to be fit to resume duties, and if not, categorically state that such Government servant is completely and permanently incapacitated for further service.

(2A) For the purposes of these rules, a doctor in Central Government Health Scheme or a Government Hospital, or a specialist in Government Hospital in cases requiring specialised treatment, or a Medical Board in a Government Hospital in the case of multiple disabilities shall, in addition to the authority certifying specified disability under the provisions contained in Chapter X of the Rights of Persons with Disabilities Act, 2016(49 of 2016), be the Medical Authorities competent to issue certificate of disability in Farm 3A,

(2B) Notwithstanding anything in these rules, no reference from the Head of Office or any other authority may be required for issue of medical certificate of disability.”.

7. In the said rules, in rule 20,-

(a) in sub-rule (1), in clause (b), for sub-clauses (i) and (ii), the following shall be substituted, namely:-

“(i) if the Medical Authority is unable to say with certainty that the Government servant, who has acquired a disability, will never again be lit for service, leave not exceeding twelve months at a time may be granted and such leave shall not be extended without further reference to a Medical Authority;

(ii) if a Government servant is declared by the Medical Authority, as specified in rule 19, as to have acquired such disability which may prevent him from discharging further service, leave or an extension of leave may be granted to him after the certificate of the Medical Authority has been received in Form 3A:

Provided that any leave debited for the period(s) granted under sub-clause (i) of clause (b), after receipt of the certificate of disability of the Medical Authority, shall be remitted back into the leave account of the Government servant:

Provided further that any leave granted to regulate the period of absence under sub-clause (ii) of clause (b), after receipt of the certificate of the Medical Authority, shall not be debited to the leave account of the Government servant”.

(b) for sub-rule (2), the following sub-rule shall be substituted, namely:-

“(2) In the case of a Government servant who is granted leave in accordance with the provisions of clause (b) of sub-rule (1), the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) shall, suo motu, apply.”.

8. In the said rules, after Form 3, the following Form shall be inserted, namely:-

“FORM 3 A”

(See rules 19 and 20)

MEDICAL CERTIFICATE FOR GOVERNMENT SERVANTS WHO ARE TO RE RECOMMENDED LEAVE UNDER RULE 20

Signature/thumb impression of the Government servant _______________

It is certified that Shri/Shrimati/Kurnitri _______(designation and place of work may also please he indicated) is under my medical supervision since ___________and is suffering from _________________”.

2. The aforesaid medical condition can be reasonably estimated to have manifested itself with effect from _______________ and that-

(i) it cannot be said with certainty that the Government servant will never again be fit for service; or

(ii) there is no reasonable prospect that the Government servant will ever be fit to return to duty.

3A. In view of the fact that it cannot be said with certainty as to when the Government servant shall be fit for service, I recommend that Shri/Shrimati/Kumari _______may be granted leave on medical grounds w.e,f ___________to (upto a period of one year).

[Please strike out if a certificate is being issued under 2(ii) above]

Name and designation of the Medical Officer of Central Government Health Scheme /Government Hospital/Medical Board
OR
Name, designation and details of certifying authority so designated under section 57 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016)

*Note: Nature of disability may be specified. Here “disability” means the disability as defined in clause (fa) of these rules.”.

[F. No.18017/1/2014-Estt. (L)]
GYANENDRA DEV TRIPATHI, Jt, Secy.

EXPLANATORY MEMORANDUM

The Rights of Persons with Disabilities Act, 2016 (49 of 2016) came into force with effect from the 19th day of April. 2017 and the Central Civil Services (Leave) Rules, 1972 are being amended to comply with the section 20 of the said Act.

Keeping in view the spirit and underlying intent of the provisions of the Rights of Persons with Disabilities Act, 2016, the provisions of the Central Civil Service (Leave) Rules, 1972 are being synchronised with the aforesaid statutory provision by incorporating required amendments in the Central Civil Services (Leave) Rules, 1972,

It is certified that by giving retrospective effect to these rules, the interest of no person is likely to be adversely affected.

Note: The principal rules were published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-section (i) vide number S.O. 940, dated the 8th April, 1972 and have been subsequently amended as follows:-

Leave to a CG Employee who is unlikely to be fit to return to duty