(l
f\Q
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v
Fa
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t/
Controller- DC/JCM Item No.2512004.
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ffiY,
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I am directedto ref'erto the minutesin the aboveitem in the DCYJCM(Railwavs) >-l\
meeting
t"il;;* ai;''il;.,lolt*i'#;T#;ffiilffiil#i. *'lu"ffi'l .W*{
to Board for considerationand to statethat the Frlewas put up tc Board on 21.12.12andit
fr"
;ne{f)
was decidedto awaitthe outcomeof an SLP,on the sameissue,$@5gSbeforeg$e
Hon'ble SupremeCourt of India before taking a final view.
,,:,
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2.
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The SLP casereferredto abovewas bet\,veen
UOI & B. Banerjpe.In this casethe fY
,rX"
questionwas
question
was regarding
regardhg.the
,F determination
determinationwhether
whetherthe
respond..nJ
Banerjeeo n JYg
the respondent
SG*F. Banerjee
Shrl*.B.
.un. W
medically decategoriseddriver, working as a crew conholler with statid$arydulies, is$t{''
{ .
entitled to allowance in lieu of kilometreage(ALK). The Central Administrative Tribural $9J) #g
by its order dated 10.02.2011answeredthJquestion againstthe respondentwhich led to uAA$
^t
round
oflitigation
u"r"l.tr'.cJilffi'fid;:;h;";"t
c;uii;i"ffi;;rh;;.,poij;'l'1f'
was entitled to the allowancein question,fte SLP was convertedto Civil Appeal number
7298of 2013and was allowedvide order dated6.9.2013(copyenclosed;.
fuq
Y.
IJ
I
3'
A backgroundnote on the issue,for appreciationof the facts, is enclosedherewith.
In view of the position brought out in the bachground note and also in view of the
judgement of the Hon'ble SupremeCourl of India, the demandof the staff side to give 4 y ,
ALK to the erstwhile running staff who have bben medically decategorisedand posted as
Power/Crew Controllerscannotbe considered*y further.
-4:
We should gru..ffi
u"r.piih. Judgementof the Hon'ble SupremeCourr.
,1'
Yoursfaithfully,
for Secre
@
No.IV/RSAC/Conf/IV
N
0,...
!.Y1.854"Q
19ptrsI!.y.
/Railway Board.
NafionalFederntiottof tnrtiannoifuuynnr, 1N.nt.R1
3, ChelmsfordRoad,NewDelhL
Copy of Railwoy Bourd's letter No' E(P&A)\I-2004/RS-5
Uttions of NFIR for offering commenis early.
Dffi!,I4
rtated 2I/03/2014 together with its encrosures isforwarded to the General
secretaries ofZonal
Copyfotwarderl to the General secretary/sCRES, secunderabad
to entrust the iob of studying the issueby Mr Narayana Rao & sh rrinadha
Rao dnd to
submit report eorly.
(/:
File No. 25/2004 (DC) with Railway Board's letter dnted 2l/03/2014
and itsenclosures.
sf"u
(M.Raghavaiah)
General Secretary,
'rl:rlii':il:::i'1.:1
I
SECTION X\TI
C O U R TN O . 1 4
ITEM NO.1A
I N D I A
O F
C O U R T
S U P R E M E
RECORD OF PROCEEDINGS
A P P E A L T g O ( s ). 7 2 9 8 O F 2 0 1 3
CML
I'NION
OF ITIDIA
Appellant
& ORS.
(s)
VERSUS
Respondent (e)
B.BAIIERiIEE
Datez 06/09/2013
pronouncement
of
For Appellant
This Appeal was called
iludgrment today.
on for
(s)
Mr. Mohan .Tain, ASG
Mr. DeePak .Jain, Adv.
Mr. D.K. Thakur, Adv.
Mr. Prabhat Kumar, Adv.
Adv.
Ms. ilasPreet Aulakh'
Adv.
Mr. Alakh A. Srivastava,
Garg, Adv.
Mr.Mohit
!lr. Shreekant N. Terdal-'Adv-
For
Reapondent(s)
Mr.
UPON hearing
counsel-
Tayenj a.ut Mono Singh,Adv.
the Court made the
O R D E R
following
the
Ranjan Gogoi pronounced
ilustice
Honrbl-e Mr.
Mr.
judgrment of
Hon'ble
Bench comprising
the
reportable
Lordship.
Mukhopadhaya and'His
ilustice
Sudhansu ilyoti
the
signed
of
in
terms
is
allowed
The appeal
judgrment.
reportable
(Neeta)
SR. P.A.
(Signed reportable
judgrment
is
placed
(usha Sharma)
COURT MASTER
on the fiLe)
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7298 OF 2013
(Arising Out of SLP (C) No.3446 of 2Ot2)
Union of India
Appellant(s)
& Ors.
Versus
Respondent(s)
B. Banerjee
JUDGMENT
RATTJAII GOGK)r, J.
1.
The precise question that arises for determination in the
present
appeal
is
whether
the
respondent, ' a medically
decategorised Driver of the Indian Railways, working as a Crew
Controller with stationary d.uties, is entitled to allowance in
lieu
of kilometerage
(ALK).
The
Central
Administrative
Tribunal by its order dated LO.O2.2O11answered the question
against the respond.ent which led to a round of litigation before
the Calcutta
High Court.
The High Court
held that
the
2
was
respondent
entitled
to
the
allowance
question.
in
Aggrieved, the Union has filed this appeal.
2.
The basic facts that would require notice are not in
dispute.
The respondent while serving as a Diesel Driver
(Goods) Grade-II was found unfit
to work as a Driver in a
special medical examination that was held on 5.1.2005.
was, however, allowed to work as a Crew Controller.
post, though involved performance of stationary
He
The said
duties was
included in the cadre of Driver in terms of Railway Board
Circular No.9/98
addition
medically
to
Regular Drivers, in
dated 09.01.1998.
decategorised
Drivers
like
the
Respondent, were also drafted to perform the duties of Crew
Controller.
Both categories of employees i.e. regular Drivers
and medically
Controller
decategorised Drivers
were being paid ALK.
in the post of Crew
A subsequent
Circular
No. 12 I 2OO4dated 14.OL.2OO4was issued to make it clear that
medically decategorised Drivers allowed to perform duties of
Crew Controller
were ineligible to the grant of any benefit
specifically admissible to the running staff on the premise that
such
decategorised
Drivers
ceased to
be running
staff.
3
Accordingly, it was clarified that the benefit of allowance in
lieu of kilometerage
(ALK) is not admissible
to medically
decategorised Drivers working as Crew Controllers.
the
aforesaid
clarificatory
circular
Following
No.r2 /2ooa
dated
L4.or.2oo4, the respondent who was drawing ALK was denied
further benefit of the same which led to the institution
proceeding before the Tribunal.
The Tribunal,
of the
as it appears
from its order dated Lo .o2.2o1 1, took the view that following
his medical decategorisation the respondent ceased to be a
running staff and as he had been performing stationary duties
he is not entitled to an]r Running Allowance. The High court,
on being approached by the respondent, however, took the
view
that
even
after
his
medical
decategorisation
the
respondent continued to remain in the cad.re of Driver (the
said cadre included the post of crew controller).
Hence, he
was entitled to ALK.
directions
Accordingly, the impugned
have been issued which have led to the institution
present appeal by the Union.
3.
We have heard the learned counsels for the parties.
of the
4
4.
To appreciate the issues arising in the present appeal, it
will be necessary to notice the relevant provisions of the
Running Allowance Rules (1981) as embodied in the Indian
Railway Establishment
Manual - Volume-I
(Revised Edition
1e8e).
5.
Rule 9O2 (2)(1ii) defines "running duties" to mean "duties
directly connected with the movement of trains and performed
by running
staff while employed on moving trains or engines
including shunting engines".
Sub-rule (iv) of Rule 902 is in tl e following terms:
"(1v)
"Running
staff' performing
"running
duties" shall refer to Railwav servants of the
categories mentioned below:
Loco
Traflic
(a)Drivers,
including
Motormen & Rail Motor
Drivers
but
excluding
Shunters.
(a) Guards
(b) Shunters
(b) Assistant
Guards
(c)
Firemen,
including
Instructing
Firemen,
Electric
Assistant
on
Electric Locos and Diesel
Assistant/Drivers.
Assistants on Diesel Ixicos.
"Running
Allowance" as defined in sub-rule
(v) of Rule
902 is extracted below:
"(n) "Running Allowance" means an allowance
ordinarily granted to r'unning staff in terms of
and at the rates specified in these rules, and/or
modilied by the Central Government in the
Ministry of Railways (Railway Board), for the
perform€rnce of duties directly connected with
charge of moving trains
and includes
a
"Kilometrage Allowance" and "Allowance in lieu
of
kilometrage"
but
special
excludes
compensatory all owances."
6.
Rule 9O3 which is quoted below makes it clear that 30%
of the basic pay of the running staff is required to be treated
as representing the pay element in the Running Allowance:
"9O3. Pay element in Running Nlowance:30% of the basic pay of the running staff will be
treated to be in the nature of pay representing
the pay element in the Running Allowance. This
pay element would fall under clause (iii) of Rule
13O3-FR-9 2I(al i.e. "emoluments which are
specially classed as pay by the President".
6
7.
Rule 9O5 deals with the types of allowa.nces admissible to
running staff and is in the following terms:
to
admissible
"9O5. Types of Allowances
Running Staff:-Running staff shall be entitled
to the following allowances subject to the
conditions specified by or under these rules:
(i)
Kilometrage Allowance for the performance
of running duties, in terms of and at the
rates specified in these rules.
(ii)
An allowance in lieu of kilometrage (ALK)
for the performance of stationary duties
such as journeys on transfer, joining time,
for attending enquiries or law courts on
Railway business, attending departmental
inquiries as Defense Counsel or witness,
Ambulance classes, volunteer duty in
connection with Territorial or other similar
Fund and Staff Loans Fund Committees,
meeting of Railway Institutes, Welfare and
Debt Committees, Staff Benefit Fund and
Staff Loan Fund Committees, Staff and
Welfare Committees, for attending the
meetings of Railway Co-operative Societies
in cases where special casual leave is
and
granted
so, medical
for doing
departmental examinations, participating
and
in
recognized athletic' contests
tournaments, scouting activities and Lok
representing
Camp,
Sena
Sahayak
recognized labor organizations, attending
periodical meetings with District offices,
General
and
Heads of Departments
First-aid
classes,
Managers, attending
undergoing training in carriage sheds and
as worker teacher under the Workers'
7
Education
Scheme attending
training
schools for refresher and promotion
courses, undergoing sterilization operation
under Family Planning Scheme appearing
in Hindi Examination Guards booked on
escort duty of treasure and other insured
parcels on trains, Drivers and Firemen
when kept spare for a day or two to enable
them to examine and clean the engines
thoroughly before being deputed to work
special trains for VIPs, or any other duties
which may be declared in emergencies as
qualifying for an allowance in lieu of
kilometrage.
(iii)
Special Compensatory Allowances
The running staff are eligible for the following
compensatory
allowances
under
the
circumstances and at the rates specified in
these rules:
(a)
Allowance
facilities.
(b)
Breach of rest allowance.
(c)
Outstation (Detention) Allowance.
(d)
Outstation (Relieving) Allowance.
(e)
Accident Allowance.
in
lieu
of
Running
Room
(in) An official Alrowance when undertaking
duties in higher grades of posts open to running
staff or in stationary appointments.,,
8.
Rule
9o7
which
dears with
allowance
kilometerage (ALK) is in the following terms :
in
lieu
of
n
"9O7. Allowance in lieu of Kilometrage
(ALKI
When running staff are engaged in or employed on
non-running duties as specified in Rule 3 (ii) above,
they shall be entitled to the payment of an allowance
in iieu of Kilometrage as indicated below for every
calendar day for such non-running duties as may be
required to be performed bY them:
(a) when such non-running duties are performed
fy the running staff at their headquarters, they shall
be paid the pay element of the Running Allowance,
namely, 30% of the basic pay applicable for the day'
(b) When such non-running duties are performed
fy the running staff at outstations, they shall be paid
ALK at the following rates:
S.
No.
Category of Running
Staff
New
scales of
pay
Revised rates
of ALK (160
krn.) per day
w.e.f.
1 - 11 - 1 9 8 6 *
1.
Mail Driver
1640-2900
45.20
2.
Passenqer Driver
1600- 2660
45.10
3.
Goods Guard
1350- 2200
45.05
4.
First Fireman/
Diesel Asstt/Electric
Asstt.
950- 1500
30.90
5.
Second Fireman
825-1200
26.25
6.
Shunter
1200-2040
33.05
7.
Mail Guard
1400- 2600
36.95
8.
Passenger Guard
1350- 2200
36.90
9.
Goods Guard
L200-2040
36.80
9
9.
22.OO
950- 1400
1 0 . Assistant Guard/
Brakesmen
From the provisions
of the Running
extracted above, it is abundantly
Allowance Rules,
clear that only a specific
category of employees in the Railways like Drivers, Motormen,
Firemen, Guards, Assistant Guards etc. who constitute
running
the
staff and such staff who are directly connected with
perform running
the movement of trains
duties.
Running
Allowance under the Rules is required to be paid only to the
running
staff who are engaged in the perform€rnce of duties
directly
connected
with
the movement
of trains
and such
allowance includes kilometerage allowance or allowance in lieu
of kilometerage (ALK).
While kilometerage allowance is to be
paid for performance of actual running d.uties, the allowance
in lieu of kilometerage (ALK) is to be paid to such members of
the running
staff who are temporarily
required to perform
stationary duties. The rules also make it clear that 30% of the
basic pay of the running
representing
staff is required to be treated as
the pay element in the
Running
Allowance.
Those members of the running staff who are employed on non-
l0
running duties are paid the aforesaid 3Oo/oof the basic pay if
such non-running
performed at the headquarters
duties are
whereas in case such non-running
the running
duties are performed by
staff at outstations they are required to be paid
ALK at the rates prescribed by Rule 907(b).
It is thus clear
that no Running Allowance i.e. either kilometerage allowance
or allow€rnce in lieu of kilometerage is contemplated
staff,
including
pennanently
erstwhile
members
of the
engaged in performance
for any
running
of stationary
staff,
duties.
Running Allowance of either description is required to be paid
only to members of the running
staff who are directly engaged
in actual movement of trains or such staff who are temporarily
assigned stationary duties but who are likely to go back and
perform running duties. The respond.ent does not fall in either
of the above two categories.
10.
The retention of decategorised Drivers working as Crew
Controllers in the original cadre of Drivers by the Railway
Board's
Circular
No.9/98
dated
O9.O1. 1998
and
their
entitlement to Running Allowance (ALK) has to be understood
in the above context. The aforesaid inclusion, which is wholly
tt
fictional, cannot confer any benefit contraqr to the express
provision
of the Running
Allowance
Rules inasmuch
as a
decategorised Driver working as a Crew Controller is not a
staff or engaged in performance of
member of the running
running
duties
as delined
by the provisions
above position
of Running
Allowance
Rules.
abundantly
clear by the Railway Board Circular No.L2l2OO4
The
has
been
made
dated l4.OI.2OO4, details of which have already been noticed.
11.
There is yet another aspect of the matter which would
require a mention.
Under Rule 903 of the Running Allowance
Rules, as noticed above, 3Oo/oof the basic pay of the running
staff represents the pay element in the Running Allowance.
Therefore, in case of medically decategorised Driver, like the
respondent, the said component being a part of the pay drawn
by him as a running
staff has to be protected.
The s€une
apparently has been done as is evident from the rejoinder
affidavit of the Union.
The above act of the appellants also
ensures compliance with the provisions of Section 47 of the
Persons with Disabilities
(Equal Opportunities,
Rights and Full Participation) Act, 1995 which
Protection of
entitles the
t2
respondent
to receive the pay and service benefits earlier
drawn
him.
by
The
Running
Allowance
to
which
the
respondent was entitled while he was a member of the running
staff has been protected as a part of his pay in the post of
Crew Controller.
In such circumstances, any further grant of
ALK will not be justified.
12.
We, therefore, hold that the High Court was not justified
in issuing the impugned
directions for grant of ALK to the
respondent. The order of the High Court dated 20.06.20 1 1 is
therefore set aside and the appeal is allowed.
'" " " "
MUKHOPADHAYAI
" " " "'
NEW DELHI
SEPTEMBER 06, 2013
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Background Note on the issueof Denial of Allowance in Lieu of Kilometreage
to the medically decategorised drivers drafted to perform duties of
Power/Crew Controller.
1.
Both the recognizedfederationshave been demandinggrant of allowancein lieu of
kilometreage(ALK) to the erstwhile running staff who have been medically decategorised
and postedas Power/Crew Controllers.
2.
It is important to appreciatehere that the scalesof pay applicable to the running
staff are deemedto be depressedmeaning thereby that had there been no schemeof running
allowance,the running staff would have been allowed normal scalesof pay like the other
railway employeesand would have beeneligible for TA/DA.
2.1
As such, the running staff earn apafi of their pay through the instrument of running
allowance (I(M{ALK
etc.) as it includes a portion of the pay, traveling allowance and
out-of-pocket expensesas their duties generally involve their absencefrom headquarters
and as Travelling Allowance is not admissibleto them. The deemeddepressedportion of
the pay is made good by payment of KMA/ALK and the provisions of Rule 924 of IREMVol.I (1989 Edition) and accordingly 30o/oof the basic pay of running staff is reckonedas
pay for fixation of pay when a running staff is postedin stationaryposts.
2.2
It may also be appreciatedthat ALK is a type of running allowance which is
specifically admissibleto the running staff alone when they are postedto perform specified
non-running duties. This is on the considerationthat when the running staff are put on the
specified non-running duties, they should be compensatedfor the loss of kilometreage
allowance.
3.
Initially, in the schemeintroduced as per Board's letter dt. 25-ll-1992, erstwhile
running staff that had been medically decategorisedwere not allowed to participate in the
said scheme.Only Special Pay was admissibleto Power/Crew Controllers in the schemeof
25-11-1992. ALK was also not admissibleto them. Subsequently,
vide letter dated 16-51996,drivers who were medically decategorisedupto Class C-l were made eligible for the
post of Power Controller only without benefit of special pay or any of the benefits
admissibleto Loco Inspectorsand Crew Controllers.
3.1
The schemewas further reviewed and modified vide Board's letter dated 9-1-1998
to the extent it related to filling up the posts of Power/Crew Controllers. This scheme
providesthat theseposts will be filled up by drafting running'staff on tenure basiswho will
be eligible for payment of ALK @ l2}k:rnslday andthey would continue to progressin the
running cadre and would also be subjectedto all the terms and conditions of servicesas
applicableto running staff. Under theseamendedprovisions,ALK is allowed to the drivers
selectedto work as Power Controllers/Crew Controllers in considerationof the fact that
they are running staff and have been put to stationary posts/duties. The tenure for
performanceof duties as Power/Crew Controllersis three yearsafter which they go back to
their running posts.
3.2
As per this schemeerstwhile running staff who have been medically decategorised
were also made eligible to be posted as Power/Crew Controller. The tenure rule of three
years is not applicable.to the medically decategorisedrunning drivers. However, if their
performanceis not found satisfactory,in addition to action under D&AR, as they cannotgo
back to running duties, they are to be consideredfor alternativejobs following the rules
applicableto medically decategorisedemployees.It is pertinent to mention here that other
than the posts of Power Controllers/CrewControllers,there are other stationaryposts also
whereinmedically decategoriseddrivers can be redeployed.
4.
As per Rule 1303 of IREM-I (1939 Edition), railway servantsceaseto perform the
duties of the posts they are holding from the date they are declaredmedically unfit for the
present post. . Therefore, medically de-categorisedrunning staff are not capable of
performing running duties and thus they ceaseto be running staffand in consequencethey
are not entitled for any type of running allowancespecifically admissibleto running staff.
4.1
However, such staff who are not entitled for running allowances, still have the
deemed depressionin their pay. To make good this depression,30o/opay element is
reckonedfor fixation of pay as per Board's letter no. EOIG)V96lRB3Dej dt. 2g.4.199g.
This also firlfills the provision in Rule 1303 of IREM-I (1989 Edition) for giving the same
pay scale and service benefits while the medically decategorised staff is put on a
supermrmerarypost as a temporary measure.
4.2
This position has been reiteratedvide Board's letter no. E(P&A)II-20021R5-24 dt.
14.1.2004and28.4.2004and more recentlyvide Board's letterno. E(NG)I-2009/RE-3/9dt.
11.8.2010.There has been no change in the policy on the subject, rather the instructions
regarding inadmissibility of ALK to the erstwhile running staff who are medically
decategorisedand their pay fixation reckoningthe pay elementhad to be reiteratedbecause
of divergentviews taken by someof the zonal railways.
5.
The Staff side was repeatedly impressing upon the Board to review the instructions
containedin the letters dated 14.I.2004 and28.4.2004on the ground that theseinstructions
are violative of the agreementreachedwith the Federationswhile issuing instructionsdated
9.1'1998 and also of Para 2(d) of the letter dated 9.1.1998which provides that Drivers
drafted to perform duties of Power/Crew Controllers will be eligible for payment of ALK
of 12Okms/day.The Federationsare accordingly demandingthat ALK may be grantedto
the erstwhile running staff who have been medically decategorisedand drafted to perform
the duties of Power/Crew Controllers.
5.1
In this regard, it is statedthat the contentionregarding any agreementor assurance
having been given to the Staff side for pal,rnent of ALK to tn"
running staff who
have been medically decategorisedand drafted to perforrir "rrt*ht.
the duties of power/Crew
Controllers had been examined and the Federationshad also been advised vide Board,s
letter of even no' dt. 13.11.2006that despitethorough examinationof recordsin this office,
handscould not be laid on any such documentthat substantiatesthe contention that there
was an understandingwith the staff side to pay ALK to the medically decategorised
staff.
It was also advised therein that in case any such documentsare available aitheir end,
a
copy eachthereof may be sentto this office for record and also necessaryaction. However,
therehas beenno such responsefrom the staffside.
6,
The issue was consideredby the Board in its meeting held on 17th January,2012
and as per the extractsof the minutes of the meeting Board had decidedthat this
cannotbe
madeadmissible.
7,
The casewas once again put was put up to the Board on2I.I2.2012 when it was
decided to await the outcome of an SLP, on the same issue, pending before the Hon,ble
SupremeCourt of India before taking a final view. The SLP casewas betweenUOI & B.
Banerjee.In this casethe questionwas regardingthe determinationwhether the respondent
Shd. B. Banerjee a medically decategoriseddriver, working as a crew controller with
stationary duties, is entitled to allowance in lieu of kilometreage (ALK). The Central
Administrative Tribunal by its order dated 10.02.2011answeredthe question againstthe
respondentwhich led to a round of litigation before the Calcutta High Court. The High
Court held that the respondentwas entitled to the allowance in question. The SLp was
converted to Civil Appeal number 7298 of 2013 and was allowed vide order dated
6.9.2013.
7.1
The concluding paragraphs of the reportable judgement (copy enclosed) are
reproducedbelow:
"10. The retention of decategorisedDrivers working as Crew Controllers in
the original cadre of Drivers by the Railway Board's Circular No.9/98
dated 09.01.1998and their entitlementto Running Allowance (ALK) has to
be understood in the above context. The aforesaid inclusion, which is
wholly fictional, cannot confer any benefit contrary to the expressprovision
of the Running Allowance Rules inasmuch as a decategorised Driver
working as a crew Controller is not a member qf the running staff or
engaged in performance of running duties as definid by the privistiis of
Running Allowance Rules. The aboveposition has been made abundantiy
clear by the Railway Board Circular No.12/2004dated 14.01.2004,details
ofv,hich hove already beennoticed.
11. There is yet another ospect of the matter which would require a
mention. under Rule 903 of the Running Allowance Rules, as noticed
above, 30% of the basicpay of the running staffrepresentsthepay element
in the Running Allowance. Therefore, in case of medically decategorised
Driver, like the respondent,the said component being a part of ihe pay
drawn by him as a running staff has to be protected. The same apparintiy
has been done as is evidentfrom the rejoinder ffidavit of the Uion. The
above act of the appellants also ensurescompligncewith the provisions of
Section47 of the Personswith Disabilities (Equal Opportunities,Protection
of Rights and Full Participation) Act, 1995 which entitles the respondentto
receive the pay and service benefits earlier drawn by him. Thi Runnine
the
12. We, therefore, hold that the High Court was not justified in issuing the
impugned directionsfor grant of ALK to the respondent.The order iy tlp
High Court dated 20.06.2011 is therefore set aside and the appiat is
allowed."
8.
In this connection, the staff side as well as Western Railway had raised another
issueas to how the settleinentof medically decategorisedrunning staff is to be done if
such
a staff retires (voluntarily or on superannuation)while working on special supermrmerary
posl before posting on stationary post or if he retires (voluntarily or on superannuation)
while working on a special supemumerarypost due to non acceptanceof offer of posting in
a stationarypost.
8.1
When a running staff is medically decategorised,he is placed on a supemgmerary
post and his pay is fixed after adding 30% pay element from the date he was
medically
decategorised.Provisions for this already exists in the Running Allowance Rules and it was
reiteratedvide.Board's letter no. E(P&A)II-2002IRS -24 dt. 14.01.2004and dt. 28.04.2004
and more recently vide Board's letter no. E(NG)-V2009:RE-319dt.05.10.2011 (copies
enclosed).Therefore, when a running staff is medically decategorised,he is placed on
a
supernnmerarypost and his pay is fixed after adding 30Yo pay element from the
date he
was medically decategorised.If such an employeewho is no more a running
staff retires
voluntarily or on superannuation,his settlement can be done without any furti'er
reckoning
of pay element. Western Railway was advised accordingly vide Board's letter
of even
numberdated08.10.2013(copy enclosed).
*****
--.:trffi
qRiil :F{if,IT GOVERNMENT OF II\IDIA
tf, {ililq MrNrs,rRyoF RArLwAys
( tdrt *€ neu,way BoARD)
NoE(P&A)II-2004/R$s
New Delhi, dated &10-2013.
The GeneralManager; FA&CAO,
WesternRailway,
Churchsate.Mumbai.
[Attn : Sh. S.B.Marshale,Dy. CpO (Vy)l
Sub.: Query of WR for 55Yo pay element benefib to medically decategorised
drivers *-ho retire voluntarily or on superannuation.
Ref. : Railway's letter No EM t6n
:$".":)
Vot,_I,dt. 1g.07.2013.
It may be recalledthat WR in their letterdated17-05-201Ihadraisedthe following queries:
"It may kindly aly be clarified as to how the settlement
of medically decategorised
running staffis to be donein caseof Loco RunningStqff:
(a) If retired (volmtarily or superanmtation)while working on special
supernumerary
post fufore posting on stationry post.
(b) If retired (vvlutuily or n4teranmtdion) whik working on special supernumerary
p$ Ae b rpn rccept@te of ofer ofposting in a stafioltary
i^r,,.
1
The abovequerieshavealreadybeenaddressed
to by Board'sletterNo. E(Nc)-v200glRE-3/g
.
dated5-10-201l. In this letterit hasbeenstatedthat the pay of medicallyoecategorised
running
staffwhile they arekegto1 supernumerary
postsi.e. from the date,they areieclarediredically unfii
till the datethey areabsorbedin suitablealiemativeposts,needsto be suitibly fixed
by additionof
the pay elementof running allowanceas may be in force. As per Board'i
letter No. E(p&A)IV2005/RS-34dated 26'12-2008,the pay ellment for specified benefits
excluding retircment
benefitsfor the runningstaff is 30%. After suchpay fixation of the erstwhile
runninf staffwho are
medicallydecategorised,
the questionof reckoningof payelementagaihdoesnot arisJ.
Therefore,when a runningstaff is m^edically
decategorised,
he is placedon supemumerary
post and his pay is. fixed after adding 3Ao/opay elem-entfrom the'date
he was medically
decategorised.
If such an employeewho is no more a running staff retires voluntarily
or on
superannuation,
his settlement
shouldbedonewithoutanyfurtherrickoningof payelement.
-,..4\%>-Director Estt. (p&A)
Railway Board
Copy to :
il.hn"
of All lndian Railways except WR for
a''
(IC Shankar)
Director Estt. (P&A)
Railway Board
)
-("
a"
i-> /
"t'/'
GOVERNME}ITOF INDI.A
MIMSTRY OF RAILWAYS
(MrLwAY BOARD)
No.E(NG)t -2009IRE-3/ 9
NewDelhi,dated 0i.t0.201I
TheGeneralManagen(p)
All Indian Raitwaysand
ProductionUnitsetc.
(As perstandardlist).
sub:-
T*
fr,.
Fixation of pay of medicaltydecategorised
running sraff while kept on
supernumeraryposts - cranting benefits
of running ailowance
Regiarding.
Thc questiol of fixation of pay of medicalty
decategorised
runningstaff for the
p€riod from the date they are declarea
unfit till their final absorptionin altemative
appointnent i'e the penod during which they
are kept on supernumeraryposlfor want of
suitablealtcrnaive posts due to which it h8s
not uoo possible to adjust the ernploydes
concernedimmediately,hasbeenengaging
attentionof the Boardfor quite sometime.
2'
The matterhasbeenconsidercdby the Board
and it hasbeendecidedthat thepay of
medicallydecategorised
runningstaff while they arc kept on sup€rnumerary
postsi.e from
the date'they are decfaredmedically unfit
till the date they are absorbedin suitable
alternativeposts, nTd: to be suitauiy
nxea by additionof the pay eremen,#
;fi*
allowanceasmaybe in force.Theirpayduring
trri, p"rioJwill be fxed basedon theirpay
in
Pay-Bandand GradePay plus pay-etement
of runningailowanceas may be in force.
As
such' supernumerary
postswhereverfound necessary
iray ue createdat appropriate
levef.
of payin
iffrjffi:on
sucha manner'
no allowance
in rieuof kilomeierage
shattbe
3'
However' it is reiteratedthat there
should be minimuln detav in redeploying
medically decategorisednrnning staff
ag_ainst
utt",o"ti,r" posts. Serious efforts should
madeto locatesuitable.altematiie
be
6;rt?;;;il',oril;,,',tiatery
andat themostwithina
period of three months. Any ult
delay
;;;;
be
avoided. It will be the
responsibilityprimarity of the officer
"sonuble
underwhom ttre-.L"c"med Railway servanr
was
directlyworkingto fini a suitable
joi for him.
4'
The instructt:T.fu'fixationof pll of
medicatlydecategorised
runningstaffontheir
absorption
in suitabre
arternative
potir tlirr beissuedseparatery.
-2-
5.
This issucwith the concurenoe
of FinanceDirectorateof Raitway go;.
Pleascacknowledgereceipt.
Hindi version will follow.
DeputyDirectorEst
RailwayB
No.E(NG)I
-zoos
/RE_3
/s
NewDelhi,dated 05.10.,
Copy forwardedto:_
l'
2'
3'
4'
Thecenerarsecre-tary'
otl^t:lil
Rairwaymen,s
Federation,
RoomNo.25
Rail Bhavan,New Delhi(3i copresl.
The Generar.-SRretarr,
Nationar
Federationof
No.256-E,
RailBhavan,'N"r"O"ft
i ififfi;..
rndian Rairwaymen,
Roor
All Members'Departmenhl.council
andNationalcouncil andsecretary,
Side,
Nationat
staf
Colncit,
r3_4,F"r;r;rd iilil'iJr* Dethi(60
spares).
Association
I::rf;:1ffi,ff3;n:^[T"ffi,r"lo3lir orncers
Roo
5'
Thesecretary_Generar,
Indian.Rli-twar
promotee
officersAssociation,
M.268,RailBhavan,
Room
New6ethi(s r;;;.;...",-,
6'
The ceneral
I":.Yry,
All tndiaRpF Association,
RoomNo.256-D,
Rail
7 il::*..*iilJ:H^,";_,;:""*o",
*",,
Bhavan,
*,*o",n
8.
TheSecretary,
.8,
RBSS
Group
l^
l0'
*;i**tary'
ffittrffiP'
I r'
12.
l3'
14'
OflicersAssociation,
Rail Bhavan,
NewDelhi.
RailwayBoardMinisteriar
SraffAssociation,
RairBhavan,
New
Railway
Board
Group'D'
Emproyees
Association,
Rair
Bhavan
ofricers
Association,
Room
ffi ii'fiH:$J*?f,:ard Promotee
No.34r-c
ChiefCommissioner
of RailwaySafery,
Lucknow.
Advise(safety),
Rait*ayBoard,NewDerhi.
TheDirectorcenerar& Ex
oflicio Generar
Manager.
RDS., Lucknow
15,i5#ntiJi:fi|;olJ;1,:gi
Aurhoritv,
Near
sardarj
3"ff1?lffitt
I
qRaT{?5IT govERililElttT oF ltilDlA
IA{TTdr{t ffiiIE IRY OF RAILWAYS
(H#'
tro.E(P&A)lt2OO2/F&.24
EoARD)
ns€tlo. ?lz2ooa
lfew Defhl, dated 2!B+2OO1-
ilre Gcnenl tanagerl/GAOa
All lndbn.Ralhrayr& Flodtdon Unlte
dr|versdraftcd
suqect: Eengfttaadmbcbbto t|ed|ca|lydecatediDtbgd
toporformthedutbso|Powt/Crewcontro||ers.
numberL+L'2AOLon the above
Pfeaserefer to Board's,"n",
", "*n
subiect.
drivers
tt is clarifiedthat pay fixation of the medicallydecategorised.
2.
to be
drafted to perform tn" Anti* of PowerControllers/CrewControllersis letter
in
Board's
regulatedin aceordancewith the instructionscontained
No.etirs)t/96/RE3/9(2) dated2$4'1999'
'lssues with the concurence of the Finance Directorate of the
Thb
3.
Hinistry of Railways.
tt / /
Please acknowledge receipt'
1.
n
n
\|4--<g,-
( PARYEZ)
Dy.Director,Pay Commlss,siorrlll'
RailwayBoard.
tfo.(P&AIl;2ofn/H}.24
tlew tlelhl, dated ze4 '2fi!4.
Copy(with 4O spares)forwarded to the DepltY Comptroller and Auditor
Generalof-lndia (Railways),Room No.224, New DelhFllOOOl-
<rNaa.____-__
for FinanciatCommissioner/RaifrrayD
ts?fn2/s*24
No.E(P&A)f
CoPyforwardedto :
Itle.wllefhi, dated z9-$20{X..
(i) The FA & CAOs,all.lndian Railways& ProductioniUn
(ii) The Chief Cornmissionerof RailwaySafety, Luckr\o
( PARVEZ)
Dy.Director,Pay Commis-ssionlll'
RailwayBoard.
.....2/-
-/.,/
OF INDIA
qrfdTr{-'5'r{ GOVERNMENT
tfidTrcrq i,{lNlsrRY oF RAILwAYS
(H*g
MILwAY BoARD)
RBENo. f2 /2004
-1-2OO4'
New Delhi, dated lq
No,g(Pdtl)ll-2oO2lR5''24
ManagettlGA9t'-,- -n"ir*"ytThe General
ft Productionunits'
iiir"atJ"
dlivers
to MedicallY decategorised
admissible
Benefits
:
Subject
duties of Powerlgrew
drafted to Perform the
Controllers.
.h 't-'t +'F
P t e a s e r e f e r t o t h e ^ i n s t 9-1'1998'
ructionscont'ainedinPara2(g)ofBoard'
dated
0
1
nstetter No.E(P&AliisJ/
-u"ing'-aitowed
T . l t h a s c o m e t o n o t i c e t h a t o n s o riin e c | i v i s i o n s i n t ito
r e Zmedicatty
onalRailways
';ri"";;oi xitorelrlase
attowancein ffthe duties of Power
n"1rgrt'
lrirt"i'-;;ln this
decaregorised
in t"*r-& tne auoveinstructions''
conuotterslcrevi'io]i,irotters,
'l-ui[ that-iloicuttv decategoriced
yori' noti.",
ao
brought
is
it
ionnection,
oi Power iontrotters/Crew
Iil
drivers drafred ro perform. riori-ir.o, thergfore,are not -etigibleto
controtteo,..ur"'to G-*n1iLs
rt"rr. Accordingrv,the
tir"-i*"ir&
any benefi. ,oJ-nJrtl-"o,nio'i...l;
in basicpav for
r.*omeii""r;F-ioaitiln'
.it
a'owanceIn ii",
is noi aomissible in such '
oii.iirement--b.nziitt
computation
decateg"tit"J Jiitttt on such
mediiatty
the
of
pay
cases,The
a5' per the extant
^1i=;a
drafting, has "l'o ""tt"u'iiv"it-9.9
tn'"aiiutrvdecategorised
of pay of
governlng..fixatiori
'
'
instructions
posts'
stationary
in
drivers
"ppoihteO "Jt"rnative
,3.ThisissueswiththeconcurrenceoftheFinanceDirectorateofthe
Ministry of RaitwaYs'
n
l
PteaseacknowtedgereceiPt'
4.
W
'
( Nadira Razak)
'
Joint Director, Estt'(P&A)
RaitwaYBoard' ,..*
No.E(P&A)|l- 2Oo2lRS-24
rc the DePutYComPtrotter
No.iza,Nlw bethi-l10001'
jHi:#.%ili[::l-:"ff
:[51
o,o,,"lTJn
/ Rai
for financiat Commissioner
a. rt r \
.-J
l-
@
'?,o
1".
GOVETTNMENI]OF IN I}IA/I}IIAITAT lIA III{A II
IvltNls'rttY Oli ITAII,WAYS/IIAlt, n'IAN'iIt/\l.A]'A
(lt^ll,wAY l!()AIrl))
lllllr l\{P'P'lt/!2
N o. E(N(i)l / 96/ Iltt:3/ 9(2)
N c v ^ rD c l l r i , d a t c d : 2 c ) i 0 4 1 1 9 9 9
Thc GeneralManagers(P),
All lndian Railt'ays and
i
ProductiorrUnits,
(As pcr stanclardlist).
Sub:
Protectionof Rigl,ltsand
The Personswith Disabilities(LqualOpportunities,
dccatcgc-.,riscd
Full l,articipation)Act, 1995 Absorptionof di:;ablcd/medically
'
statf in altemativeemployment- Amendmentto IITEN{.
The enactment of the Persons with Disabilities (Equal Opportunities, Protection of
of'thc existiny,s;qlir;6srtl
lUglrts and Full Participation)Act, 1995, has ncccssitateclrnoclil'tcation
absorption ilr alternative curploynleut of slall mcdically clccatcgrrrisccl.
?.
Thc Ministry of llailways havc considcrcd llrc rnattcr ar;rl lta'.'cclcciclqdtlritt tlrc ]rttli;rr
Railw:,ryllstablisluncrrl,Manual, Voluntc-l (ltcvil;cd l:dition l(t?9) tnztybc amcn<lct!ar; in llrc
Advancc Corrcctiort Slip No.77 encloscd.
Pleascacknowledgcreceipt.
_---.-
.4,.'::=:::-*-"
d--a---
( J . S .G U S A ] N)
JointDirectorEstt.(N1
ItailrvayBoarc!.
DA: AdvarrceCon'ectionSliuNo.77
( l r r r r t .r .l .. . . . . . 2 .
;tfr.-- , < Lkit:*"""]
*:, ;-.-
- . -. ^.rq"'f:*"t""*"'
L
t
At,1'OLIIi\Iti_i
IIEVISEDEDITION 1939
substitutethe following for
the existingchapterXIII anclparagraphs
l3o I - l3 15 the;ein:
" C l r a p t cXr I l l
Absorpti'' of disabrcrr/nrcrlicaty
rlecatcg'r.isctt
staff i'
Alternative Emptoymcrrt.
1301'
A Railway servantwho fails
in a vision test or otherwise
disabilityacquirecr
by virtue of
auringr";.;';;oi,",
pt,yricu:ry
i'caii,r,rc,f.pcrforrnirgrrrr:dutics
of thcfiostwhichhcoccupics
*rrour,r
,ioi
b.ii;r;o",l"i ;ili';, rcduccd
i* ra'k, bLrr
beshitiedto someotn.rpri *iin-,i,-'r.","
slrourd
payscarc
aiur:;cr.r,icc
bc'cfits.
J3Aa
acquiringdisabilrty
groups:-
--U9-t:y!-I{.s-!bgla
rsfu rr:illic_
rly_q! fi-!-:p.ai Iv;ay scn arlrs
and dectared
nredicalltii;fit
*. ?i"iriur" intcitwo
(i) Thosecornprctclydisabrca
for furtrrcrscn,iccirl anv nosr
in trrcra'way,i.e.trrosc
rv'oca,urofil;;h;
in the'C,medicalcategory;
and
ilil]
(ii) Those disable{/i'capacitated
for furthcr sen,ice in the post
they are
,no ro**,.,,,"0;.^r
.u,"so,-y
u,.,i_,.rigiur.
ro.
[1:1il:,,T1
i:*::4,1,posts corrcsponcling
to this lower
medical
category.
1303'
I'herailway servartts
both
in g'oup
group(ii) of para l3gzabovcceiu;e
to perfbrmthe dutiejof the
!i).ar:<l
'N;
are
;;r,;';;;y
hording-rroin
tr,. darerheyaredecrared
medicall;unfrtfor thepresentG;
oni.e.ior'?rr.^.,urrit1,to
permittlreRn'rve,,
servantconcerned
to perforrn
tt',"Juti., in then"r, u*;1 thar
servantcannot
date.If sucha Raiiway
t . imm.aii;; ffiild .g;;;;,
,n'r".iL,,irr 'rry suitabrc
arrcrnarivc
tt,tP*"i"l
i,i,T,iiil1l*t#ffi
posr
i' rrrr:
gracrc
in-uirricriti,.
iuu."r,,r,r
"1p.'iu,u,",arv
f*
;s
_ [
tF
e
t4
2
g
basis before being
'1tr,J"""#;?1*]?:X
'"1'"*:lI,qi,:ffi
$"""t,d;[il'#l:1i1";ir1"dfi
po
stso,..ui"o
;;ir:iil,"d";':fi
li:il
;
::g{"i.
J.l!.l.
clectarecJ
r)isalrrr..rr,r,.-r:^r-,,
::::ffnl#n:*:t
' umerary
:* l* ";,,is"locatc<J.
attvc
il t:ntploynlent
#_frHiii,""""[$
d"ssslslyill.
i*ru:tY;,ffi::;
orrc'Irorivc
c'rploy,'c'r
.u*-,o''.,,liic
onbrecr;;il;:ij:::ll,$ii"-J,:J]1.1*.
rrrat
trrc
u'"",r"ry'#"il"1,1;'j'J*:j:::li,l'"'"."q.;,;;;i;'irr
und
:il.T"1":""i1,.^^'llf,o
u,
:U:'i;:"iii
ffffiii"T*d'*il;;;;","'"K,!"#Jlfi1r:"'",f;,T,:;::*-l{:.i
decategorir"Jr,orq,ffdii:Jlf
ensurc
tr,ottr,".lLire0,nredicafiy
of other stall'in. service
.'.
^.r,;il?ff,,j""Xf.fij
adversery
Railwav
ur..t.o and no
servant
is r.i"-," "",
ulroru,r,.iir*ii",r7i,*orcarry
9:*."tg..,r.0-i#'t'ttng
atrc,nprs
::::::,";:a;;;lg"sts-
,il"ir
r,c.,narrc
.--'i',,o,r,
1................'1191;v;;"ar"",,?^q:",iri,ir.:H,
ffiffi:",
,,cpalr'rclrt,
rhe
buti'othcr Ltrit/Divtffi;i!;#:il:t
o'lv withir,,rr."ur]yoivision
oi
g
in postsillentifi
, APsorptlon
neuggvsraolla!_al
,i.
t:
i!
:l
it
i;
.t
ii
**l;'**lx+'+i;fl'ff
fi:ti::i":"[-:il:
i5
ffi ",;;;Jl""J,,t.a pr.rsr/catcgo,v
emproyment
employme't
posr/catcgo,ru,,lil|lrlli'1,.3::l:,
.r orllil*,H",Y"':lg_r',
1r;J,",,1,1";""j":r,l;oilt
1"'"1"i
"
"r,rri*,ii,
ffj
.#3,{ry-.,1;ttfi:*;;:,.T11iln=[t;
&,'i?ff.:,y,i:?op"n*J*"iffi
Jrutl:,utf
;[Ti;]t*'l#,:::iT--':ff
J:,x',:,yyr:rr,'.:.oo",,m
u*H:
:t[:T;#.,ffi,H#,,.]iiiJi,.*
#l*:lti
ftffiri,
il?l:!::J:
incapacitatccr
suitabre
n;,^ffi;'::L,T;':*3.HffT',y
0",,i,,,?''o/ntcdicarrv
concerned
l":,lf
wrricheverir.uiriril"anr
ortheposti;"";#"i,t;,,fiffH;""rrn:::fJi:
.lso.-$lep
(I)
\'
p_!-crunpat,
with
iny,l,.rlrhcdisabred/rnecricariy
3alesories
,1il:ir"o:,"uiiiffiil'::1h1
-irnii*l't':',::l:''il:f'
ri,:f,.,.,^i;ll:'1.Jfr?**.'il."'JnT":*
scrvu't'J,,r,",#93itt'r
-,Ylli;,ili
"o,,,,olJ
jljr
o*.*ll'."i,**jiiru#*ili1:.,;'#d;';il;*
It,,il**r,,,cdically
ctcc:it.
whom
i#"il::,u,,,,cr
",p"u',
ton'd*,f[:,f#il::T[tilo":,T,T:
to takcfurtheraction
"tploy*"nit". ir'lrj.""cc{l
"
"{,*'i*.-^.#?-,.r
.rF
i
(v)
Educa:ional
tio,,s,lffi
ucarionaI qu
arinc" a"".,cd
asav
<ting knu* l,*lil*u
Eri-sIi:',- .e;;;ii,'J.,1i'j:t
"tlXIi:j,:: ::,.'.-r_T
__v.,e, rcugau$c
r'
Ctc.
(\'U
\lcdjc-rl caicgory
in wliclt placccl.
Dcrails ofspccial
r
I ri-i
elrcrrn
:,vcilff
(rtr)
r riIr abs,rpric,,irr
i,::i",xx',:jflrSos
Datc frorn whiclr
absorbccl
in altcrnative
appointmcnt.
Naturcanclcatellov
of altcrlralivc
fll)l)oint,llerlt
Scaleof paY
of the alternative
post andthe pa;,
fixeclat.
Dctails of supcrnuni
Cr)
(x)
(xi)
Arternarive
ffiil".iilCi;:i
(xii)
Ilcnrarks.
(7)
lf
absorprion
jn
jillr aftcr
when
a I
.and
scrvantis
rnrrnrarion
will b*Y'l:av
(s)
tr,f
r::t#rr{i*',liffi
t$*};i*:',,r#'lild
*l,m:g**rul'ru
t307. Elernert
altcrneri
rlt4&+euyspoit
ro
t
*ili#ft
ffH**#i#,ffi
"tr{:':L?#
;:i
l#HE
maximu
ffffffTjl:
;F$:i
m
fr;
**",,,.
*ffml*
lln .:d':l.f :X,|;,fl?
iy_l,o
:ii
#:*1n:. ur*uyb*i;';::_""
anount
equat
{orr.riu.rJ.;;il:tTj;1rT:}:f
in
-sraff
illilT"xlm
fJ
:l:r,j
:l,l
In:,,,
Iliif:i,
1:
:.n1:i'
:1il,
ili'il,
":fi
* *:y,
lfli
'l
lT'Jy.$fi ir",
disabitiryi
rneji
way
tr;r,,'ff
$;##i,,:ir
:.iij ft
fifi,?:'
":ilT:y;ffil'rllf:*;lrifi
"'g]."g*tf
*:t*',rutr';1p
pay,elcrncnt
of .ururing
parlcc.asu]ay in forcc. If tlte basicpay so arriveiJ'ar
do:s r)otcorrespond
to any
llg
nray bc t'ixcclat thc stalicjrr:;t bciorv anclthc
-l in the absorbinggrai: thc 11a1,
iJiflcrcrtcc
allorvcdasl)crso:,al
Pay to bc ubsorbcd
irr futurcinqr:asciri pay, Sinrilarlyii'
thePayso arivcd at exccedsthe maximumof the absorbinggrade,the Pay may be fixed
at the ntaxintumand the dilTerencernay be allowed as personalpay to te absorbeclin
futureincrentcnts'i;rcrcascs
:n pay. Othcr allowancessuclras l),:anrcssAilowance,City
Contpe',saronAik*arce and I:louseRent Allowanceshouldbc allorvedon pay plui
pusoce!pnr, if ec1-,in tlrc absorbirrggrtdc.
Bccli of p.r-st
scrvicc to bc allorvcd: A disablecl/nrcdicallydecate-gorised
!ryf-!t-lvultabsorbed
in altemativepost,u,ill for all purposes,han,chis pastscrvice
ft.td 6 continuorrs
rvitlrthat in tlic altenrativcpost.
13lO- Frxation of scniorit;- of disabled/nredicqlly
decatggoriscdstaff absorbgdin
l&crnativeemployment:
The disabled/medicaliy,f."at.gorised rt.tt uUtorU"a in
afternative
postsshouldbe allowedseniorityin thc graclcof absorptionvririrrcierenccrr:
thc lcrrgthof sct'viccrcrtrtcrccl
on n<.rrr-[brtuitous
basisin thc crluivalcrrtor corrcsponciing
g{adebefore being declaredrnedicallyunfit. 'l'his is subjcci to thc proviso thar if a
disabled/mcdically
dccategorisecl
empl<lycchappcnsto bc absc,rbc<J
in tlrc caclrcfrom
rvhichltc rvasoriginallypronrotcd,he will not bc placc<labovciris crstvrhileseniorsin
the gradeof absorption.
-1-ll! Thc stalTwhogct tltcir cascsrccorunlcn(lod
lbr a charrgcc,l'catcllgry
on medicalgroundswill nclt get tlle benefit of theserules,but will bc treatedas staff
Jransferredon their own request.
(Autlrority:Scctiona7(l) of 'l'hcPclsouswith IJisairilitics
iil;rlualOp1:r.rrturritics,
Protecriortof Rights and Egll l'articipation)Act, 1995and Boarcl'sletrer
No.E(liG)V96/RE3/9(2)dated29/ 4 /1999)"
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