Extraordinary Pension Rule No.9: Percentage Of Disability

9.     (1) The percentage of disability due to an injury or injuries shall be as specified in Schedule-I, or failing that, as certified by the Medical Authority.

(2)   The percentage of disability due to a disease or diseases specified Schedule-II, shall be as certified by the Medical Authority.

(3)   The extent of disability or functional incapacity shall be determined in the following manner for purposes of computing the disability element forming part of benefits:-

Provided that the above broad banding shall not be applicable to railway servants who are retained in service.

Note 1:

The findings of the Medical Board on the extent of disability may be treated as final and binding unless the employee himself seeks a review by preferring an appeal to an Authority immediately superior to the one who had constituted the Board and in case the appeal is accepted and a review Medical Board is constituted, the findings of the Board shall be binding on all parties.

The extent of disability as determined and accepted shall be treated as final and the employee shall not be required to appear before the Medical Board periodically for the purpose of obtaining a certificate that the disability continues to persist.

Note 2:

A railway servant may appeal against the decision of the Medical Board which examined him for the purpose of this rule;

(i)    The findings of the examining Medical Board shall be made known to the railway servant concerned as soon as possible after the receipt of the medical report by the Head of the Office or Department and the railway servant concerned shall, if he desires to appeal against such decision, do so together with requisite evidence in support of his case within one month from the date on which the findings of the Medical Board were made known to him. Ordinarily there is no right of appeal from the findings of an examining medical authority, but if Government is satisfied on the evidence placed before them by the railway servant concerned, of the possibility of an error of judgment in the decision of the examining medical authority, it shall be open to them to allow reexamination by a second Medical Board.

(ii)    If any medical certificate is produced by the railway servant as a piece of evidence about the possibility of an error of judgment in the decision of an examining medical authority who had examined him in the first instance, the certificate shall not be taken into consideration unless it contains a note by the medical practitioner who gave the certificate to the effect that it has been given in full knowledge of the fact that the per on concerned has already been examined by a Medical Board who have given their opinion as to the injury or disease in respect of which the railway servant had applied for benefits under extraordinary circumstances.

(iii)   The expenditure incurred in assembling the Review Board shall be borne by the Government, provided that the railway servant shall be required to pay a prescribed fee which shall be refunded if his appeal is upheld by the Review Board.

(iv)   To ensure uniformity of procedure, all appeals shall at first be referred to the Ministry of Railways who shall advise on the evidence produced as to whether there is an error of judgment on the part of the examining Medical Board who first conducted the Medical examination and whether the appeal shall be accepted or not and if accepted, by whom such re-examination shall be conducted.”;

[Authority: RBE No.96/2013, No.2011/ F(E)III/1/(3)/5, 23.09.2013]