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OFFICE MEMORANDUM


Subject:- Guidelines for providing certain facilities in respect of persons with disabilities who are already employed in Government for efficient performance of their duties.

The undersigned is directed to say that DoPT, vide OM No.36035/3/2013-Estt(Res), dated 31.3.2014, has issued detailed guidelines conveying the additional facilities/amenities which are required to be provided to the Persons with Disabilities (PwDs) to enable them to effectively discharge their duties. Vide this OM, facilities such as identification of jobs, post recruitment and pre-promotion training, assistive devices, free accessibility preference in transfer/posting, special casual leave, etc. have been identified as areas which require special attention. The facilities indicated in the guidelines are applicable in respect of such employees working in the Ministries/Departments of the Government of India, their attached and subordinate offices, Central Public Sector Enterprises, Cantonment Boards etc. Further, vide OM No. 42011/3/2014-Estt(Res), dated 8.10.2018, exemption from the routine exercise of transfer/rotational transfer has also been extended to the employees, who are caregiver of Persons with Disability dependents. However, in the 18th National Review Meeting of the State/UT Commissioners for Persons with Disabilities, held on 29th and 30th November, 2023 at New Delhi, it has, inter-alia, been recommended that the Central Government may issue consolidated instructions regarding posting and transfer of employees with disabilities, covering the parents who have children with disabilities and an employee having parents with disabilities.

2.       In view of the above, it has been decided to reiterate the guidelines as conveyed vide the aforesaid OM dated 31.3.2014 and 8.10.2018 as under:

A. Identification of jobs

          Each Ministry/Department of the Government of India, their attached and subordinate offices, Central Public Sector Enterprises, Cantonment Boards etc. should identify the types of jobs which could be easily performed by them specially for Group B, C and D posts where the number of jobs are more. Such persons should preferably be posted to perform such identified jobs and they be allowed to continue performing such jobs, as far as possible. If the concerned PWI) officer could perform all the jobs as pop1e without disability or could perform several types of jobs efficiently no effort should be made to instruct them to certain types of jobs only.

B. Post recruitment and Pre-promotion training

Induction training is an essential component of the service requirement of an employee. Induction training programme for the persons with disabilities should be imparted together with the other employees.

Job specific post-recruitment as well as pre-promotion training programmes are required to be organized for the persons with disabilities. Outlining a specific module/norm for training programme for the persons with disabilities common to all the Ministries/Departments and their attached/subordinate offices, Central Public Sector Enterprises, Cantonment Board, etc. may not be possible as the training requirement may be different on the basis of the work pattern. All the Ministries/Departments should take definite action to conduct job specific inclusive training programmes for the persons with disabilities with other employees.

 Duration and training contents may be finalized in consultation with the National Institutes under the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice & Empowerment and, if felt necessary, prominent Associations/ Federations/ Confederations working in the sphere of disability can be consulted. It should also be ensured that training programmes are conducted at the time of change in job, introduction of new technology, after promotion of the employee, etc. The venue of the training may be fixed as considered suitable for conducting such training. The Ministries/Departments and their offices shall utilize existing Budget provisions for undertaking the aspects. of training programme.

The employee with disability shall be placed with an experienced employee for at least one month on resuming responsibility of a post. This would hell) him to pick up skills required to perform the job and also the adaptations that may be required in individual cases.

C. Providing aids/assistive devices

The persons with disabilities could perform their duties efficiently if they are provided with aids and appliances which are suitable to their needs. Ministries/Departments and their attached and subordinate offices, Central Public Sector Enterprises, Cantonment Board, etc. should assist the persons with disabilities by providing them high tech/latest technology led assistive devices (including low vision aids, hearing aids with battery), special furniture, wheel chairs (motorized, if required by the employee), software scanners, computer and other hardware, etc. in accordance with their requirement, which would improve their efficiency.

        They should either provide or shall reimburse the cost of such devices with a specific time period for such devices to persons with disabilities in accordance with the price/durability of the special devices, special furniture, software, scanners, computer and other hardware, etc. as fixed by them, in consultation with various National Institutes working in the sphere of disability. A review exercise shall he carried out by the Department/Ministries every three years to check the availability or need for introduction of enhanced/upgraded versions of such devices/software etc. They shall utilise their existing budget provisions for providing these facilities.

D. Accessibility and barrier free environment at work place

In addition to the guidelines for modification in all public buildings including Government offices to provide easy accessibility and barrier free environment for PwDs as per the provisions of the PWD Act, all Government offices should take special steps to provide barrier free and accessible work stations to PWD employees, access from main building entrance to their work stations and access to common utility areas such as Toilets, canteens etc. Lifts/elevators should be made accessible by providing Braille Signage and Audio Outputs. Wherever required, suitable colour contrast may also be made available in buildings, utilities, staircases, etc. for the benefit of low vision employees.

E. Preference in Govt. accommodation

The Directorate of Estates may give preference to the persons with disabilities for providing them accessible accommodation near their place of posting and they may be preferred for allotment of ground floor accommodation. Possibility of existing housing accommodations being renovated to make them conveniently accessible to persons with disabilities, be explored by the Directorate of Estates.

F. Grievance redressal

Some of the employees including persons with disability may be got trained by the empaneled Master Trainer/Officers of various National Institutes working in the sphere of disability to develop their skills in handling grievances relating to PWDs.

The Liaison Officer appointed to look after reservation matters for SCs, STs may also act as the Liaison Officer for reservation matters relating to persons with disabilities. The Liaison Officer would also look after the issues relating to providing of amenities for the persons with disabilities. In addition, every Ministry/Department, their attached and subordinate offices, Central Public Sector Enterprises, Cantonment Board, etc., would preferably constitute a Grievance Redressal Mechanism headed by the Head of Administration and comprising at least two employees including a PWD having knowledge in disability matters. The Committee so constituted would receive and try to redress the grievances of Persons with Disabilities within a reasonable time frame.

G. Special Casual Leave

            Vide this Department's OM No. 25011/1/2008-Estt.(A) dated 19.11.2008, a provision of Special Casual Leave for 4 days in a calendar year has been made for the employees of Central Government with disabilities for specific requirements relating to disabilities of the official. Further, vide this Department's OM No. 28016/02/2007-Estt(A) dated 14.11.2007, there is also a provision of 10 days Special Casual Leave in a calendar year subject to exigencies of work for the differently abled Central Government employees with disabilities for participating in Conference/Seminars/Trainings/Workshop related to disability and development to be specified by Ministry of Social justice & Empowerment.

H. Preference in transfer/posting

As far as possible, the persons with disabilities may be exempted from the rotational transfer policy/transfer and be allowed to continue in the same job, where they would have achieved the desired performance. Further, preference in place of posting at the time of transfer/promotion may be given to the persons with disability subject to the administrative constraints.

The practice of considering choice of place of posting in case of persons with disabilities may be continued. To the extent feasible, they may be retained in the same job, where their services could be optimally utilised.

I. Exemption from routine exercise of transfer/rotational transfer in respect of Government employee, who is a caregiver of Person with Disability dependents:

(i) A Government employee who is a care-giver of dependent daughter/son/parents/spouse/brother/sister with Specified Disability, as certified by the certifying authority, as a Person with Benchmark Disability, as defined under Section 2(r) of the Rights of Persons with Disabilities Act, 2016 may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints.

(ii) The term 'Specified Disability as defined in the Schedule to the Rights of Persons with Disabilities Act, 2016, covers (i) Locomotor disability including leprosy cured person, cerebral palsy, dwarfism, muscular dystrophy and Acid attack victims (ii) Blindness (iii) Lowvision (iv) Deaf (v) Hard of hearing (vi) Speech and language disabilities (vii) Intellectual disability including specific learning disabilities and autism spectrum disorder (viii) Mental illness (ix) Disability caused due to: (a) Neurological conditions such as Multiple sclerosis and Parkinson's disease (h) Blood disorder- Haemophilia, Thalassemia and Sickle cell-disease and (x) Multiple disabilities (more than one of the above specified disabilities) including deaf blindness and any other category of disabilities as may be notified by the Central Government.

(iii) The term 'Specified Disability as defined herein is applicable as grounds only for the purpose of seeking exemption from routine transfer/ rotational transfer by a Government employee, who is a caregiver of dependent daughter/son/parents/spouse/brother/sister as stated in Para I (i) above.

3. All the Ministries/Departments are requested to bring the above instructions to the notice of all appointing authorities under their control, for information and compliance. The Department of Public Enterprises may ensure to give effect the above guidelines in all the Central Public Sector Enterprises.

(Sign of Authority)

Debabrata Das

Under Secretary to the Government of India

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To,

 

(i)              The Secretary, all the Ministries/Departments of the Government of India.

(ii)       The Secretary, Department of Public Enterprises, CGO Complex, New Delhi – with a request to issue necessary instructions to give effect the above guidelines in all the Central Public Sector Enterprises.

(iii)        The Secretary, Department of Financial Services, Jeevan Deep Building, New Delhi – with a request to consider issuance of similar guidelines for PSU Banks/Financial Institutions/Insurance Companies.

(iv)           The Secretary, Railway Board, Rail Bhavan, New Delhi.

(v)       Union Public Service Commission/Supreme Court of India/Election Commission of India/Lok Sabha Secretariat/Rajya Sabha Secretariat/Cabinet Secretariat/Prime Minister's Office/Niti Aayog

(vi)         The Chairman, Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.

(vii)     Office of the Chief Commissioner for Persons with Disabilities, 5th Floor, NISD Building, Plot No. G 2, Sector 10, Dwarka, New Delhi-110075.

(viii)     Office of the Comptroller and Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.

(ix)   All Officers and Sections in the Ministry of Personnel, Public Grievances and Pensions and all attached/subordinate offices of this Ministry.

(x)          Information and Facilitation Centre, DOPT, North Block, New Delhi-20 copies.

 

Copy to:-

 

Director, NIC, DOP&T- with a request to place this circular on the website of this Ministry, for information of all concerned.


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Annexure - 1

Subject:-