Guidelines on Leave and Voluntary Retirement of Railway Servants in light of the Provisions under Persons with Disabilities Act
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RBE No. 107/2017No. E(P&A)I-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.-I 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 SCC 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 Railways.
6. Please acknowledge receipt.