Thursday, 21 May 2015

Treatment of period of Railway employees sent for medical treatment of serious ailments like Cancer, Tuberculosis or Polio myelitis as Govt. duty: NFIR writes to Railway Board

Treatment of period of Railway employees sent for medical treatment of serious ailments like Cancer, Tuberculosis or Polio myelitis as Govt. duty: NFIR writes to Railway Board

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
No. 11/10
Dated: 19/05/2015
The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Treatment of period of Railway employees sent for medical treatment of serious ailments like Cancer, Tuberculosis or Polio myelitis -reg.

Federation desires to invite attention of the Railway Board to the provisions contained in Rule No. 1676 (1) extract of which is reproduced below:-

“A Railway servant suffering from Cancer, Tuberculosis or Polio myelitis who is sent to a hospital referred in Rule 643 RI for treatment on the advice of the authorised Medical Attendant shall be entitled to travelling allowance as for a journey on tour to and from the place of treatment, but no daily allowance shall be admissible for any halts”

As per the above provision Railway employee or a family member of the employee if suffering from Cancer, Tuberculoses or Polio myelitis and sent to Railway Hospital or referred to another Hospital for treatment is entitled for payment of travelling allowance similar to the journey on tour, to and from the place of treatment.
NFIR has noted that the rules, however, do not cover the period of absence during the medical treatment of the Railway employee or member of his/her family. Reports received by the Federation from Zones/Divisions reveal that Railway employees have been facing difficulties in absence of adequate provision as the period spent by the employee is debited against ‘leave due‘ and sometimes leads to ‘Nil’ balance which causes further hardships as the employees are denied salary due to non- availability of adequate amount of leave in the leave account.

NFIR, therefore requests the Railway Board to make suitable provision in the rules for treating such periods as duty, may be, on production of medical certificate from the authorised medical officer and issue instructions accordingly. This will send a right message among the Railway employees as a positive welfare measure. A copy of the instructions issued may be endorsed to the Federation.
Yours faithfully
sd/-
(Dr. M. Raghavaiah)
General Secretary
Source: NFIR
[https://drive.google.com/file/d/0B40Q65NF2_7UMjJHOXdQUi1SUmM/view]

Request for Voluntary retirement from persons suffering from disability – Dopt Orders

Request for Voluntary retirement from persons suffering from disability – Dopt Orders

Request for Voluntary retirement from persons suffering from disability — Supreme Court Order in Bhagwan Dass & Anr Vs Punjab State Electricity Board, (2008) 1 SCC 579

G.I., Dept. of Per. & Trg., O.M.F.No.25012/1/2015-Estt (A-IV), dated 19.5.2015

Subject: Request for Voluntary retirement from persons suffering from disability — Supreme Court Order in Bhagwan Dass & Anr Vs Punjab State Electricity Board, (2008) 1 SCC 579.

The undersigned is directed say that vide Department of Personnel and Training’s OM No.18017/1/2014-Estt(L) dated the 25 th February, 2015, certain clarifications regarding treatment of leave and absence of disabled Government servants have been issued.

2. Instances have come to notice where Government servants apply for voluntary retirement under various provisions like Rules 38, Rule 48 and 48A of CCS (Pension) Rules, 1972 or Rule 56 of the Fundamental Rule on account of hardships faced by them due to a disability, as they are unaware of the protection provided by the Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of justifys and Full Participation) Act, 1995 (PWD Act). Section 47 of the PwD Act, 1995 is reproduced below for reference:

“Non-discrimination in Government Employment — (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service.

Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits;

Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier. No promotion shall be denied to a person merely on the ground of his disability;

Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section”.

3. The issue had come up in Bhagwan Dass & Anr Vs Punjab State Electricity Board (2008) 1 SCC 579, decided by the Hon’ble Supreme Court where the employee who had during his service suffered from blindness, had applied for voluntary retirement. The Hon’ble Supreme court has observed that the Petitioner was not aware of any protection that the law afforded him and apparently believed that the blindness would cause him to lose his job, which was the source of livelihood of his family. In those circumstances, it was the duty of the superior officers to explain to him the correct legal position and to tell him about his legal justifys.

4. Keeping in view the provisions of the Section 47 of the PwD Act, 1995 and the above mentioned judgement, it has been decided that whenever a Government servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section 47 of PWD Act, 1995. In case the provisions are applicable, the Government servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits.

5. In case a disabled Government servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with under the provisions of the Section 47 read with the Department of Personnel and Training OM dated 25th February, 2015, mentioned above. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per the applicable rule.

6. All the Ministries and Departments are requested to keep the above in view while processing cases of requests for Voluntary retirement from disabled Government servants.
Hindi version follows.
sd/-
(Mukesh Chaturvedi)
Director
Authority: www.persmin.gov.in
Voluntary retirement from persons suffering from disability – Dopt Orders

Bank Wage Revision 10th Bipartite : Scales finalized – RBI cleared holiday for 2nd & 4th Saturdays

Bank Wage Revision 10th Bipartite : Scales finalized – RBI cleared holiday for 2nd & 4th  Saturdays

Bank Xth Bipartite : Scales finalized. RBI cleared holiday for 2nd & 4th Saturdays

Distribution Chart for 10th Bi-Partite Settlement Finalised:

Scales: Substaff- 9560 to 18545 + 8 Stagnation Increments (each after 2 years)

Clerical: 11765 to 31540 + 8th Stagnation Increments (1st to 5th- each after 3 years, 6th to 8th- each after 2 years)

8th Stagnation Increment w.e.f . 01.05.2015

D.A.: 0.10% Per Slab

HRA: 10%, 9% & 7.5%. Only 3 Areas will remain (Last 2 Areas will be clubbed)
(45 lacs and above: 10 % ; 12-45 lacs & Goa : 9 % ; other centres : 7.5 %)

Special Allowance: 7.75% of Basic Pay with DA

Transport Allowance: Upto 15th Stage of Scale- 425, 16th Stage & above- 470

Medical Aid: 2200
Officers’ scale is going to be finalized shortly today (20/05/15)

RBI has cleared the proposal of IBA to declare 2nd & 4th Saturdays as holidays. The clearance has been sent to the Govternment for approval.

The joint note likely to be signed very soon, Most probably on 25th May 2015. Be with us for more news soon !

Source: paycommissionupdate.blogspot.in

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