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(v) The learned Counsel for the Respondents submits that in the judgement passed by the Hon'ble Supreme Court in the case of Bhagwan Dass & Anr vs Punjab State Electricity Board (2008) 1 SCC 579, where KOMA KOMAL RANI CAT Bangalore 2026.03.26 L RANI17:15:33+05'30' OA No.170/00100/2025/CAT/BANGALORE the petitioner was not aware of any protection that the law afforded him and apparently believed that the blindness suffered by him during his service would cause him to lose his job, which was the source of livelihood of his family. The Hon'ble Apex Court held that it was the duty of the superior officers to explain to the petitioner the correct legal position and to tell him about his legal rights. Accordingly, DOP&T issued directions to all ministries and departments under Government of India in the matter, vide the said OM dated 19.05.2015 that in case a disabled Government servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section-47 of PWD Act, 1995 and in case, the provisions are applicable, the Government Servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits. In case, a disabled Government servant re-considers his decision and withdraws his notice for voluntary retirement, his case shall be dealt under the provisions of the said Section-47 of PWD Act, 1995, read with DOPT OM Dated 25.02.2015 (issued regarding treatment of leave and absence of disabled Government servants) and in spite of being so advised, if the Government servant stills wishes to take voluntary retirement, the request may be processed as per the applicable rules. The learned Counsel for the respondents submits that all necessary assistance as laid down in the rules was provided to the applicant.

2. Instances have come to notice where Government servants apply for voluntary retirement under various provisions like Rules 38, Rule 48 and 48A of CCS (Pension) Rules, 1972 or Rule 56 of the Fundamental Rule on account of hardships faced by them due to a disability, as they are unaware of the protection provided by the Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act). Section 47 of the PwD Act, 1995 is reproduced below for reference:
4. Keeping in view the provisions of the Section 47 of the PWD Act, 1995 and the above mentioned judgement, it has been decided that whenever a Govemment servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section 47 of PWD Act, 1995 In case the provisions are applicable, the Government servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits.

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2. In this regard, it is stated that the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (PWD Act) has been repealed by the Rights of Persons with Disabilities Act, 2016 (RPWD Act, 2016), which came into force on 19t April, 2017. Hence, section 47 of PWD Act, 1995 as stated in DoPT's O.M. of even no. 19.05.2015 is replaced by the provisions of section 20 of the RPWD Act, 2016.