Department of Personnel & Training (DoPT) issued a circular 'Posting of Government employees who have differently abled dependents-reg' vide O.M No.42011/3/2014-Estt.(Res) dated 6th June 2014.
The Government order stated that a government servant, who is also a caregiver of disabled child, should be exempted from the routine exercise of the transfer.
Upbringing and rehabilitation of a child with disability requires financial support and “making the government employee choose voluntary retirement on the pretext of routine transfer or rotation transfer would have an adverse impact on the rehabilitation process of the disabled child”, the order had said. However, the order had left out developmental disabilities like autism.
Coordinator, Enabling Unit of UCMS & GTB Hospital wrote to Dr Jitendra Singh, MoS (PP), Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to include developmental disabilities on 16th June in the following mail:
From: Satendra Singh <dr.satendra@gmail.com>
Date: Mon, Jun 16, 2014 at 3:06 PM
Subject: Request to include left out disabilities in DOPT circular on transfer policy
To: mos-pp@nic.in
Cc: secy_mop@nic.in
Dear Dr Singh,
Ref: No.42011/3/2014-Estt.(Res.) dated 6th June 2014 on the subject: Posting of Government employees who have differently abled dependents — reg
First of all accept my heartiest congratulations on the DOPT circular on transfer policy as quoted above. It was much needed for parents having a disabled ward. However, the circular doesn't take into consideration parents of the people with autism and developmental disabilities. Moreover, all 19 disabilities included in Rights of the Persons with Disabilities Bill should be included.
I request your office to kindly include necessary changes so that these excluded section is included too. Hoping for a quick action from your side.
with regards
Dr Satendra Singh
Coordinator, Enabling Unit (persons with disabilities)
UCMS & GTB Hospital Delhi
He also complained on their public grievances portal bearing the reference number DOPAT/E/2014/01622.
The media reported that government had received representations in this regard. It was argued that an employee raises a kind of support system over a period of time in the locality where he or she resides to help rehabilitate their disabled child.
Minister of State for Personnel Jitendra Singh on Monday took the decision to include autism in a list with the Department of Disability, after the Department of Personnel and Training (DoPT) examined the scope of bringing the developmental disorder under the definition of disabled.
“Considering the fact that a child with autism spectrum disorder requires constant support of a caregiver and it would be imperative for government employees with such children to take of their child on a continuous basis, it has been decided to include ‘autism’ in the term ‘disabled’ in the office memorandum,” read the DoPT order 'Posting of Government employees who have differently abled dependents-reg' vide O.M No.42011/3/2014-Estt.(Res) dated 17/11/2014.
Its a success to all the caregivers posted in central government. Both the orders can be found here:
Circular portal of M/o Personnel, PG and Pensions
Amended circular is reproduced below:
No.42011/3/2014-Estt.(Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated the 17th November. 2014
Office Memorandum
Sub: Posting of Government employees who have differently abled dependents – reg.
The undersigned is directed to refer to this Department’s OM of even number dated 06.06.2014 (copy enclosed) exempting a Government employee, who is also a care giver of disabled child, from the routine exercise of transfer/rotational transfer subject to the administrative constraints. The word ‘disabled’ includes (i) blindness or low vision (ii) hearing impairment (iii) locomotor disability or Cerebral Palsy (iv) leprosy cured (v) mental retardation (vi) mental illness and (vii) multiple disabilities.
2. The matter regarding the scope of ‘disabled’ has been examined in consultation with the Department of Disability Affairs. Considering the fact that the autism spectrum disorder child requires constant caregiver support and it would be imperative for the Government employees to take care of their autism spectrum disorder child on continuous basis, it has been decided to include ‘Autism’ in the term ‘disabled’, as defined in Para 3 of the above-mentioned O.M. dated 06.06.2014.
3. This issues with the approval of the MoS (PP).
4. All the Ministries/Departments, etc. are requested to bring these instructions to the notice of all concerned under their control.
sd/-
(G. Srinivasan)
Deputy Secretary to the Govt. of India
(G. Srinivasan)
Deputy Secretary to the Govt. of India
Dear Sir, Please confirm whether Reserve Bank of India (RBI) employes are covered by this order to safeguard the interest of their disabled children?
ReplyDeleteThanks
Dear Sir(s),
ReplyDeleteI observed in the circular the usage of the following words "MAYBE" and "SUBJECT TO ADMINISTRATIVE CONSTRAINTS" in the quoted portion of the circular "Therefore, a Government servant who is also a care giver of disabled child may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints"
These words totally dilute the instructive nature of the circular and Offices, Organisations tend to take them lightly by finding a reason of constraints in administration or some reasons somehow.
I am wondering how much percent of any Govt., Public sector, etc undetakings have emplyess having this issue, and whether a transfer of these percentage will ever have an administrative issue at all ??
I request the Government to make it a clear instruction and aviod the words like "MAY BE" or "SUBJECT TO (Conditions) if at all they wish to give relief to the Parent ermployees coping with the rehabilitation of their child.
Thanks and regards
Sir,
ReplyDeleteLet me second the opinion given by Mr Haojakhup Kipgen above.
There are number of cases in the court and service tribunlas where this word 'may'has been taken support of by the Government organisation to dent the cancellation of transfer order issued to the caregiver parent. Even the courts have upheld the dilution of the instructive charecter of the OM by use of the word 'may'. In fact the whole OM is an eyewash with the use of the word 'may'.I strongly support that the DOPT should replace the word with 'shall' if it really wants to convey a social message.
Rajesh G
Govt employee.
I also second the opinion of Mr Haojakhup Kipgen. Please don't give discretionary power atleast in these matters. A person with some jugad may be getting transfer on his terms. Budt may be clause will give an excuse to officials to negate the facility availiable to parent of a disabled child.
ReplyDeleteI have a son with autism spectrum disorder. I really don't know if the cost of medicines, occupational classes, speech therapy etc is also reimbursable for a central government employee. My office administrative staff is also unknown about it ? Can anyone provide any knowledge about it ? My email id is guru2019@yahoo.in
ReplyDelete