A Railway servant who fails in vision test or acquire disability during service becomes incapable of performing the duty of the post 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 benefit.
Such medically incapacitated Railway Servant forms two groups, viz,
·Those who are completely unfit for service in any post.
·Those who are unfit for further service in the post they are holding, but fit for service in the lower category.
Employees of both the types cease to perform the duty of the post from the date declared medically unfit. They are to be absorbed in alternate post in equivalent grade or kept in special supernumerary post in the same grade in which the employee was working on regular basis. Supernumerary post lasts till regular absorption is made and equivalent pay scales are allotted.
The designation of the employee does not change when the employee is in the supernumerary post pending absorption and effort is made by the administration to find an alternative job carrying the same pay scale. The supernumerary post stands abolished as soon as absorption in alternative job is made.
Disabled / Medically decategorised staff are absorbed in alternative post in allied categories where their background and the experience can be better utilized. While finding alternative post for absorption of disabled and Medically decategorised staff it is ensured by the Administration that the interest of other staff are not adversely effected and no reversion of any officiating Railway servant is made. Disabled and Medically decategorised Railway servant is not only absorbed within the unit, Division or Department but also in other unit Division or Department.
In respect of staff who are unfit in all categories, they may be absorbed in the post identified as suitable for employment of physically handicapped persons and fresh recruitment to that post from open market from amongst physically handicapped withheld.In case the alternative post is not carrying the requisite pay scale, a supernumerary post is created in the appropriate scale of pay for the adjustment of the employee.The supernumerary post so created to accommodate the disabled and medically incapacitated employee shall stand abolished as soon as a suitable post in the appropriate scale is found or on vacation of the post as the case may be.
On creation of supernumerary post, a committee with Personnel and Branch officer concerned should be nominated to identify alternative job. The departmental officer, under whom the medically decategorised employee was working, is responsible to find out suitable alternative appointment and the Personnel officer shall monitor and ensure that those who were absorbed against supernumerary are accommodated in suitable alternative post at the earliest. The alternative job need not be in the recruitment grade but can be in promotional grade also.
The employee may also apply for a particular job, which is likely to be suitable for him. The decision taken on such application must be intimated to the employee.
A register containing the names of employees medically disabled and decategorised, date of incapacitation, post last held, educational qualification, medical category now considered fit, details of supernumerary post, date of alternative absorption, scale of pay fixed, etc. should be maintained for reference. This register is to be referred while filling every post to ensure quick absorption of medically decategorised employee.
Consequent to implementation of the revised rules, question of grant of leave till absorptiondoes not arise.However, such staff may be allowed to avail leave due to them whenever needed.
Pay of the medically unfit or decategorised employee on absorption will be fixed in the same scale of pay, at the stage corresponding to the pay previously drawn. 30% of pay is added to the minimum and maximum of the scale of pay of the previous post to determine the scale of pay for running staff on absorption.It is added to the basic pay previously drawn while fixing the pay on absorption. If the basic pay so arrived does not correspond to any stage in the grade of absorption, the payis fixed at the stage just below, duly allowing the difference as personal pay absorbable in future increments and increases in pay. In such cases the personal pay will count for the grant of DA, HRA, CCA etc.
Medically decategorised and unfit employees on absorption are allowed seniority with reference to the length of service rendered on regular basis in the equivalent or corresponding grade. However, it should be ensured that they are not placed above their erstwhile seniors, if absorbed in the cadre where from they were promoted. Past service rendered by them will count for all purposes. The instructions applicable to medical unfit and decategorised staff are not applicable to the staff recommended for a change of category on medical grounds and such cases are treated as request transfers.
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