RBE No. 31/2002: Alternative Employment – Medically De-categorized
No.E(NG)II/2000/RC-1/Genl.17, dated 06.03.2002
(SC No.51 to MC No.16)
Sub: Absorption of medically de-categorized staff in alternative employment – Hardship caused consequent upon implementation of Railway Board’s order dated 29.04.1999 (RBE No. 88/1999 and RBE No. 89/1999).
1. Pursuant to the notification of “The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995” instructions were issued vide this Ministry’s letter No.E(NG)I/96/RE-3/9(2), dated 29.04.1999 (RBE No. 88/1999 and RBE No. 89/1999), laying down inter-alia that, in cases where an employee has been medically invalidated/ de-categorized he may be kept on a supernumerary post in the grade in which he was working on regular basis, till such time he is absorbed in a suitable post or till his retirement, whichever is earlier. As these instructions provide for continuation in service of a medically invalidated/ de-categorized employee, there would be no occasion for an employee to be retired from service on medical ground after 29.04.1999. Therefore, in such cases, the occasion to consider a request for appointment on compassionate ground of an eligible ward would not arise.
1.1 However, on review of the matter, instructions were issued vide this Ministry’s letter No.E(NG)II/95/RC-1/94, dated 18.01.2000 (RBE No. 08/2000), that in cases where an employee has been declared totally incapacitated for further service and he opts for retirement, request for appointment on compassionate ground of an eligible ward may be considered.
1.2 It was subsequently clarified vide this Ministry’s letter of same number dated 10.11.2000 (RBE No. 193/2000), that in case where a medically de-categorized employee before issue of this Ministry’s letter dated 29.04.1999 (RBE No. 89/1999), had taken Voluntary Retirement and he had neither been absorbed in an alternative employment nor adjusted against a supernumerary post after the issue of this Ministry’s letter dated 29.04.1999 (RBE No. 89/1999), the facility of allowing appointment on compassionate ground of one ward may be extended.
1.3 Later vide this Ministry’s letter of same number 11.04.2001 (RBE No. 72/2001), the facility of appointment on compassionate ground was also extended to an eligible spouse/ ward of totally incapacitated employees who were declared so after the issue of this Ministry’s letter dated 29.04.1999 (RBE No. 89/1999) and prior to issue of their letter dated 18.01.2000 (RBE No. 08/2000) and were also allowed to retire.
2. The matter has been further reviewed pursuant to a demand raised by the staff side in the DC/JCM and it has now been decided that compassionate ground appointment may also be considered in favour of wife/ eligible wards of such of the employees as were medically de-categorized between 29.04.1999 and 18.01.2000 (both days inclusive) and declared unfit to continue in the post they were holding but fit to hold posts with lower medical classification, subject to the condition that:-
(i) The employee concerned have retired voluntarily between 29.04.1999 and 18.01.2000 (both days inclusive) on medical de-categorization during this period; and
(ii) Such cases are personally considered and decided by the General Manager on individual merit of each case.
Download Railway Board Circular RBE No. 31/2002