Clarification on Eligibility of Temporary Disability Certificates for PwBD Reservation Benefits in Department of Posts

Clarification on Eligibility of Temporary Disability Certificates for PwBD Reservation Benefits

1. Background

A clarification letter issued by the Department of Empowerment of Persons with Disabilities (DEPwD) under the Ministry of Social Justice & Empowerment, Government of India. It addresses the eligibility of temporary disability certificates for availing reservation benefits under the Rights of Persons with Disabilities (RPwD) Act, 2016.

2. Key Points 

A. Ineligibility of Temporary Disability Certificates

• The DEPwD clarifies that temporary disability certificates (with a validity period) do not qualify for:
• Reservation benefits in direct recruitment or promotion.
• Age relaxation under the RPwD Act, 2016.
• Only permanent disability certificates (where disability is unlikely to improve) are eligible.

B. Legal Basis

• Section 34 of the RPwD Act, 2016 specifies that benchmark disabilities (40% or more) qualify for reservation.
• The RPwD (Amendment) Rules, 2024 (dated 16.10.2024) state:
• Permanent disability certificates must be issued for non-recoverable disabilities.
• Temporary certificates (with validity periods) are for cases where improvement is possible.

C. Implications for Recruitment

• No reservation/age relaxation for candidates with temporary disability certificates.
• Existing employees hired under PwBD quota with temporary certificates will not be terminated but future recruitments must comply.

D. Policy Rationale

• Reservation & age relaxation are relief measures meant for permanently disabled individuals facing long-term disadvantages.
• Temporary disabilities (e.g., recoverable injuries) do not align with the Act’s intent.

3. Action Required

• All Chief Postmaster Generals (CPMsG) must circulate this clarification to concerned departments.
• Future recruitments must reject temporary certificates for PwBD quota claims.
• Legal defense in cases like Sh. Banti Kushwaha Vs. DoP (CAT Jabalpur) should cite this clarification.

4. Document Details

Issuing Authority: DEPwD (Divyangjan), Govt. of India

Reference No.: P-13013/57/2023-Policy

Date: 20.01.2024 (incorrectly mentioned as 2024, corrected to 2025 in covering letter)

Addressed to: DoPT (Dept. of Personnel & Training) & circulated to Department of Posts.

5. Conclusion

This officially settles the long-standing ambiguity on temporary disability certificates, ensuring uniformity in PwBD reservation policies across government recruitments. Compliance is mandatory to avoid legal challenges.

Note: For further queries, contact:

Shri Anand Singh (ADG-GDS) | Tel: 011-23096629 | Email: adggds426@gmail.com

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