QUESTION
a) whether a Government employee who acquires disability during his service is entitled for terminal benefits;
(b) if so, the details thereof;
(c) whether mental illness or retardation is covered under the term `disability` under sections of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;
(d) if so, the details thereof; and
(e) if not, the reasons therefor?
ANSWER
Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office (SHRI V. NARAYANASAMY)
(a): Yes, Madam.
(b): A Government servant becomes entitled to ‘Invalid Pension’ under Rule 38 of Central Service (Pension) Rules, 1972, if he retires from the service on account of any bodily or mental infirmity which permanently incapacitates him for the service. Further the Central Civil Service (Extraordinary Pension) Rules, 1939, provide for the grant of award in the form of monthly pension on discharge of an employee if the disablement of a Government servant is accepted as due to Government service and there is a causal connection between disablement and Government service.
(c) & (d): As per Section 2(i) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Participation) Act, 1995, disability includes ‘mental retardation’ and ‘mental illness.’
(e): Does not arise.
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