• Decrease of visual disability from 40% to 30% after 23 years

I was issued a Visually Handicap certificate as 40% manually from a government regional eye hospital in the year 2000 when I was 19 years old. In 2002 I was selected as a Typist in the VH quota and verified my manual certificate at the time of joining I was issued a Typist post under the VH quota allotted to the Women and Child Welfare department and I joined on 31.07.2002. Later on, I was promoted to Senior Assistant under the VH quota in the year 2013, again I was promoted to superintendent on 02/2022 my services were also regularised and probation was declared. Recently my officer harassed issued a memo to me as your manual certificate issued in the year 2000 is not considered, submit the SADEREM certificate immediately. I came to know reassessment of disability is not retrospective. then what to do pls guide us.
Asked 10 days ago in Labour

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8 Answers

Disability certificates, including those issued through SADAREM, are essential for PwDs to avail themselves of various government schemes, benefits, and facilities

 

2) The Disability Certificate issued through SADAREM is also known as the UDID (Unique Disability ID) card

 

3) you need to visit a Mee-Seva center, book a slot through the online portal, and then attend the assessment by a medical board. After the assessment, the certificate will be issued by the Mee-Seva counter

Ajay Sethi
Advocate, Mumbai
98115 Answers
7972 Consultations

If your officer has instructed you to submit the said requirement then you have rights to ask him to give a notice to this effect in writing.

An officer of the government department is also a government servant hence he is obliged to follow the rules and regulations properly even if he wants to initiate any action against you or any person.

If he is continuously harassing or torturing you then you better make a complaint before the higher officer against this officer for his acts of ill treatment and harassment.

It becomes his duty to prove that the certificate issued by you at the time of joining the job is fake or fabricated. 

You can give a medical report only on the basis of the current situation and not for the past medical condition.

T Kalaiselvan
Advocate, Vellore
88318 Answers
2388 Consultations

The SADEREM certificate is used as proof of disability, allowing individuals to access various government schemes, benefits, and facilities.

The certificate is issued by medical boards, after assessing the degree of disability, and is valid for a period of five years, or can be permanent if there are no chances of variation in the degree of disability. 

The SADAREM certificate is issued to persons with disabilities having 40% or more disability.

Since you are having  40% disability, there is nothing wrong in furnishing the desired certificate following the procedures, do not agitate over the periodical requirements asked by the authorities concerned , which will be in your interest. 

T Kalaiselvan
Advocate, Vellore
88318 Answers
2388 Consultations

SADAREM launched in 2016. Manual assessment was valid till 2016. In your case memo seeking SADAREM issued to you recently, your VH certificate  issued in 2000 is valid till the date on which  memo seeking SADAREM is issued by you. It is true that reassessment of disability is not retrospective but your certificate is in force till date of issue of memo. After obtaining SADAREM afresh your privilege will continue further. Your superior is correct in seeking SADAREM assessment of VD. Obtain SADAREM assessed certificate  by approaching MeeSeva and submit the  same. You can explain reason for not obtaining such assessment after 2016 as you were not asked to do so. VD is medical condition you are eligible to disability as per the  assessment by SADAREM it may 30 per cent or 40 per cent. It will not affect your seniority in any way.

Ravi Shinde
Advocate, Hyderabad
4771 Answers
42 Consultations

No the earlier certificate is valid. Reassessment can be done if the said authority wants to verify the said disability in accordance with law

Prashant Nayak
Advocate, Mumbai
33298 Answers
219 Consultations

You will not face any problems in your job as at time of joining you had 40 per cent visually disability issued by government hospital 

 

2) Ministry of Health's notification that a person with <40% disability will not be eligible for benefits/concessions. It would affect your chances of promotion 

Ajay Sethi
Advocate, Mumbai
98115 Answers
7972 Consultations

Dear client,

Since your original 40% VH certificate was accepted for your appointment and subsequent promotions, and your services were regularized, the demand for a new SADEREM certificate may not have a retrospective impact on your past employment. There are various things that you have to understand:

  1. Reassessment of disability is generally not applied retrospectively unless expressly mandated by the law. If reassessed, and your percentage is now below 40%, it should not affect your past services or promotions.

There are various steps that you can follow:

  1. Submit a written reply stating that your original certificate was valid and accepted for appointment and promotions and that reassessment should not affect the past benefits.

  2. And if the department insists, consult a lawyer to file a grievance or, if necessary, file a suit against any adverse action.

Hope this helps you; if you still have any clarifications or issues, do not hesitate to ask.

Anik Miu
Advocate, Bangalore
10550 Answers
123 Consultations

  1. Reassessment is Not Retrospective – Your employment and promotions were based on a valid certificate at the time. Any new assessment cannot affect past benefits.

  2. Legal Stand – As per Supreme Court rulings and disability laws, once a person is appointed under a disability quota, a later reduction in percentage does not invalidate their employment.

  3. Action – Submit a written response stating:

    • Your original certificate was valid at the time of appointment.

    • Reassessment cannot affect past employment decisions.

    • Request clarification on the legal basis for this demand.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

 

 

Shubham Goyal
Advocate, Delhi
913 Answers
4 Consultations

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