DoPT Orders 2019 Exemption from payment of examination fee and application fee in respect of Persons with Benchmark Disabilities

DoPT Orders 2019

Exemption from payment of examination fee and application fee in respect of Persons with Benchmark Disabilities

No.36035/2/2017 -Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

OFFICE MEMORANDUM

North Block, New Delhi
Dated: August 23, 2019

Subject: Exemption from payment of examination fee and application fee in respect of Persons with Benchmark Disabilities. -reg.

The undersigned is directed to say that in a w.P. (Civil) No. 521/2008 with Civil Appeal No. 5389/2016, the Hon'ble Supreme Court, vide Judgment, dated 30.06.2016, inter alia, declared the Office Memorandum No. 36035/3/2004 - Estt.(Res) dated 29.12.2005, as illegal and inconsistence with the Persons with Disability (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995. This OM, among other, contained a provision for exemption from payment of application fee and examination fee in respect of Persons with Disabilities.

Thereafter, with the enactment of 'THE RIGHTS OF PERSONS WITH DISABILITIES ACT, 2016' and issue of notification titled 'THE RIGHTS OF PERSONS WITH DISABILITIES RULES, 2017', this Department has issued an Office Memorandum No. 36035/2/2017-Estt. (Res), dated 15.01.2018, regarding reservation for Persons with Benchmark Disabilities, in the posts and services of the Central Government. The said Office Memorandum dated 15.01.2018, however, does not contain any provision for exemption from payment of examination and application fee in respect of Persons with Benchmark Disabilities.

The issue has been deliberated upon at length in the Department and it has, now, been decided that the Persons with Benchmark Disabilities shall continue to be exempted from payment of application fee and examination fee, prescribed in respect of competitive examinations held by the Staff Selection Commission, the Union Public Service Commission, etc. for recruitment to various posts. This exemption shall be available only to such persons who would otherwise be eligible for appointment to the post on the basis of standards of medical fitness prescribed for that post (including any concession specifically extended to the Persons with Benchmark Disabilities) and who enclose with the application form, necessary certificate from a competent authority in support of their claim of disability.

(Debabrata Das)
Under Secretary to the Government of India
Ph. 23093307

To,
(i) All Ministries/Departments of the Govt. of India.
(ii) Department of Financial Services, Ministry of Finance, Jeevan Deep Building, Parliament Street, New Delhi.
(iii) Department of Public Enterprises, CGO Complex, Lodhi Road, New Delhi.
(iv) Railway Board, Rail Bhavan, Delhi.
(v) Union Public Service Commission/Supreme Court of India/ Election Commission of India/ Lok Sabha Secretariat / Rajya Sabha Secretariat / Cabinet Secretariat! Central Vigilance Commission/ President's Secretariat / Prime Minister's Office/ Planning Commission.
(vi) Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.
(vii) Office of the Chief Commissioner for Disabilities, Sarojini House, 6, Bhagwan Das Road,New Delhi -110001.
(viii) Office of the Comptroller & 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) Hindi Section for providing a Hindi translation.
Copy to: Director, NIC, DOPT - with the request to immediately place this OM on the website of this Department ("what's new" tab) for information of all concerned.

Source: DoPT

Enhancement of the Rate of Disability Pension

 Enhancement of the Rate of Disability Pension

The Services have sought enhancement of the rate of disability pension for 100 percent disability from the existing level of 30 percent of the last drawn reckonable emoluments to 50 percent. For lower percentages of disability, the amount of disability element is sought to be pro-rated.

Analysis and Recommendations:

The regime of disability element for non-battle cases has moved from fixed slab rates to a percentage of reckonable emoluments. The rates of disability element for 100 percent disability as admissible over the years, is indicated in the table below:

The ratio of maximum to minimum disability pension for officers and ORs across various points in time is detailed below:

While the number of officers retiring with disability element has shown a significant increase at levels of Brigadier and above in recent years, it is notable that since 2010-11, no officer in these ranks has been invalided out.

The feature that stands out when the historical evolution of the regime relating to disability pension is studied is the shift from slab based system to a percentage based disability pension regime consequent to the implementation of the VI CPC’s recommendations. This move has been contrary to the tenets of equity insofar as treatment of disability element between Officers and JCOs/ORs is concerned borne out by the fact that the ratio of maximum to minimum quantum of compensation for disability across the ranks is now disproportionately high at 8.6. The Commission is therefore of the considered view that the regime implemented post VI CPC needs to be discontinued, and recommends a return to the slab based system. The slab rates for disability element for 100 percent disability would be as follows: