Guidelines on leave and voluntary retirement of Railway
Employees - Persons with Disabilities
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
MINISTRY OF RAILWAYS
RAILWAY BOARD
RBE No.107/2017
No.E(P&A)l-2017/CPC/LE-5
New Delhi, dated 30.08.2017
The General Managers and Principal Financial Advisers,All Indian Railways & Production Units.
Sub: Guidelines on leave and
voluntary retirement of Railway servants in light of the
provisions of
the Section 47 of Persons with Disabilities (Equal
Opportunities,
Protection of Rights and Full Participation) Act,
1995.
In pursuance of Department of Personnel
& Training's OM No.18017/1/2014-Estt(L) dated 25.02.2015
and OM No.
25012/1/2015-Estt(A-IV) dated 19.05.2015, the issues relating
to leave
and notice of voluntary retirement of Railway servants who
have acquired
a disability while in service are required to be dealt with
in the
light of the provisions of the Section 47 of Persons with
Disabilities
(Equal Opportunities, Protection of Rights and Full
Participation) Act,
1995.
2. Leave applied on medical certificate
in connection with disability should not be refused or
revoked without
reference to a Medical Authority, whose advice shall be
binding. The
ceiling on maximum permissible leave laid down in Rule 510 of
IREC
Vol-1 may not be applied to leave on medical certificate
applied in
connection with the disability. Any leave debited for the
period after a
Railway servant is declared incapacitated shall be remitted
back into
his/her leave account. For a Railway servant who is unable to
submit an
application or medical certificate on account of disability,
an
application/medical certificate submitted by a family member
may be
accepted.
3. Further, keeping in view the
provisions of the Section 47 of PWD Act, 1995 and the
judgment of the
Hon'ble Supreme Court in Bhagwan Dass & Anr Vs Punjab
State
Electricity Board (2008) 1 5CC 579, it has been decided that
whenever a
Railway 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 Railway servant shall be advised that he/she
has the
option of continuing in service with the same pay scale and
service
benefits.
3.1 In case a disabled Railway servant
reconsiders his decision and withdraws the notice for
voluntary
retirement, his case shall be dealt with under the provisions
of the
Section 47 of PWD Act, 1995. If however, in spite of being so
advised,
such Government servant still wishes to take voluntary
retirement, the
request may be processed as per applicable rule.
4. It is requested to keep the above in
view while processing cases of requests for voluntary
retirement and
leave from disabled Railway servants under the provisions of
the Section
47 of PWD Act, 1995.
5. This issues with the concurrence of the Finance
Directorate of the Ministry of Railway.
6. Please Acknowledge receipt.
(Anil Kumar)
Dy.Director/E(P&A)-I
Railway Board.
Dy.Director/E(P&A)-I
Railway Board.
Source: NFIR Download PDF
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