In exercise of powers conferred by the provision to Article 309 of the Constitution, the President is pleased to amend Indian Railway Establishment Code, Volume-I, Fifth Edition-1985 (Re-print Edition 1995) as in the Advanced Correction Slip No.71 enclosed

Indian Railway Establishment Code,
Volume-I, Fifth Edition-1985 (Re-print Edition 1995)
Advanced Correction Slip No.71

Chapter-3 – Termination of Service:-

Substitute the following Rule for the existing Rule 304:-

“304(1) – A Railway servant who fails in a vision test or otherwise by virtue of disability acquired during service and becomes physically incapable of performing the duties of the post which he occupies should not be dispensed with or reduced in rank, but should be shifted to some other post with the same pay scale and service benefits.

(2) A Railway servant falling in Clause (1) above ceases to perform the duties of the post he is holding from the date he is declared medically unfit for the present post. If such as Railway servant cannot be immediately adjusted against or absorbed in any suitable alternative post he may be kept on a special supernumerary post in the grade in which the concerned employee was working on regular basis before being declared medically unfit, pending location of suitable alternative employment for him with the same pay scale and service benefits; efforts to locate suitable alternative employment starting immediately.”

[Authority: Section 47(2) of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 and

Ministry of Railway’s letter No.E(NG)I/96/RE3/9(1), dated 29.04.1999 (RBE No. 88/1999)]