RBE No. 08/2000: Appointment on Compassionate Grounds – Medical Invalidated

No.E(NG)-II/95/RC-1/94, dated 18.01.2000
(SC No.39 to MC No.16)

Sub: Appointment on Compassionate Grounds in cases of medical invalidation/ de-categorization.

1. Kindly refer to the instructions contained in Board’s letters No.E(NG)III/78/RC-1/1, dated 07.04.1983, 03.09.1983, as well as Board’s letter of even number dated 22.09.1995 (RBE No. 107/1995) on the above mentioned subject.

2. Pursuant to the notification of “The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”, instructions were issued vide Board’s letter No.E(NG)I/96/RE-3/9(2), dated 29.04.1999 (RBE No. 89/1999), laying down inter-alia that, in cases where an employee has been medical invalidated/ de-categorized and where the administration cannot find a suitable alternative post for such an employee, he may be kept on a supernumerary post in the grade in which he was working on regular basis, till such time a suitable post can be identified or till his retirement, whichever is earlier. As these instructions provided 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. Therefore, according to these instructions, in such cases, the occasion to consider a request for appointment on compassionate ground of an eligible ward would not arise.

3. The matter has been reviewed pursuant to a demand raised by the staff side in the DC/JCM and it has now been decided that in cases where an employee is totally incapacitated and is not in a position to continue in any post because of his medical condition, he may be allowed to opt for retirement. In such cases request for appointment on compassionate ground to an eligible ward may be considered.
4. In the case of medical de-categorization i.e. those cases in which an employee becomes medically unfit for the post held at present but is fit to perform the duties of an alternative suitable post in lower medical category, the request for appointment on compassionate ground to an eligible ward will not be admissible, even if the employee chooses to retire voluntarily on his being declared medically de-categorized. Such an employee may then either be continued in a supernumerary post or allowed to retire voluntarily if he is so desire but without extending the benefit of appointment on compassionate grounds to a ward.

Download Railway Board Circular RBE No. 08/2000