Consent Decree filed to ensure Physically Accessible Polling Centres in Augusta County, Virginia

Dear Colleagues,

The US Justice Department announced today that it has filed a complaint and proposed consent decree today in the U. S. District Court for the Western District of Virginia resolving allegations that Augusta County, Virginia has discriminated on the basis of disability by failing to provide physically accessible polling places to people with mobility and vision disabilities. Title II of the ADA requires public entities to ensure that all of their polling places are accessible to people with disabilities.

Under the consent decree, which must be approved by the court, the County agreed to make permanent architectural changes to a number of polling place facilities, and to provide temporary measures such as portable ramps and temporary doorbells at others, to provide accessible polling places throughout the County. The County, which cooperated with the United States, also agreed to revise its policies and polling place survey instrument, and provide training to poll officials.

Click here to read the Consent Decree. However, it throws light that disability continues to be a subject last on the agenda of administration -some times due to lack of awareness and while other times due to lack of enforcement - both in developed as well in developing world. Glad that Deptt of Justice has taken this initiative to make Polling Process accessible to residents with Disabilities in Augusta County and also to create mechanism for monitoring and enforcement for a longer term.

Disability Pension is independent of length of service - Punjab & Haryana HC

Dear Friends,

You don't need a qualifying service to be eligible for disability pension, the P&H High Court has clarified. The Union of India’s defended that the petitioner had less than 10 years of qualifying service required under Central Civil Service (Pension) Rules, 1972 to be eligible for disability pension, which the court rejected.  

Disability pension not linked to length of service, says HC

Saurabh Malik, Tribune News Service

Chandigarh, October 30, 2015

The Punjab and Haryana High Court has made it clear that disability pension has no connection with the length of service and is payable when an employee suffers from disability.

Forty years after a Border Security Force official was invalidated out from service with 100 per cent blindness, the high court also held him entitled to disability pension from the date of discharge.

The court was told that petitioner Amarjit Singh had suffered acute eyesight failure, while he was posted in high altitude area in the Ladkah sector. In December 1974, the Union of India issued a letter claiming that the petitioner was not entitled to pensionary benefits as per the Rules. Subsequently, he was invalidated out from service in February 1975. He was seeking disability pension from the date of discharge but without success.

The Union of India’s case was that the petitioner had less than 10 years of qualifying service required under Central Civil Service (Pension) Rules, 1972. Taking up the matter, the Division Bench of Justice Hemant Gupta and Justice Raj Rahul Garg observed the question of qualifying service arose to earn pension or invalid pension on attaining the age of superannuation under the Central Civil Service (Pension) Rules, 1972.

But the writ petitioner was invalidated out from service on account of medical condition. Such discharge entitled all persons paid from civil estimates to extraordinary pension, which included disability pension.

The bench added: “We find that under the 1972 rules, invalid pension is availed by an employee if he seeks retirement on account of any bodily or mental infirmity.

The case

• Forty years ago, BSF official was invalidated out from service with 100 per cent blindness
• The court was told that petitioner Amarjit Singh had suffered eyesight failure, while he was posted in the Ladkah sector
• In December 1974, the Centre issued a letter claiming that the petitioner was not entitled to pensionary benefits as per the rules

Source: Tribune India