IREC Rule No.522: Leave To A Railway Servant Who Is Unlikely To Be Fit To Return To Duty
522. Leave To A Railway Servant Who Is Unlikely To Be Fit To Return To Duty:-
(1) (a) When a medical authority has reported that there is no reasonable prospect that the railway servant will ever be fit to return to duty, leave shall not necessarily be refused to such Railway servant.
(b) The leave may be granted, if due, by the authority competent to grant leave on the following conditions:–
(i) If the medical authority is unable to say with certainty that the railway servant will never again be fit for service, leave not exceeding twelve months in all may be granted and such leave shall not be extended without further reference to a medical authority;
(ii) If a railway servant is declared by a medical authority to be completely and permanently incapacitated for further service leave or an extension of leave may be granted to him after the report of the medical authority has been received, provided the amount of leave as debited to the leave account together with any period of duty beyond the date of the report of the medical authority, does not exceed six months.
- Leave to a railway servant who is unlikely to be fit to return to duty:-
(a) In sub-rule (1), in clause (b) for sub-classes (i) and (ii), the following shall be substituted, namely:-
“(i) In the Medical Authority is unable to say with certainty that the Railway servant, who has acquired a disability, will never again be fit for service, leave not exceeding twelve months at a time may be granted and such leave shall not be extended without further reference to a Medical Authority.
(ii) If a railway servant is declared by the Medical Authority, as specified in rule 519, as to have acquired such disability, which may prevent him from discharging further service, leave or an extension of leave may be granted to him after the certificate of the Medical Authority has been received in Annexure III-A;
Provided that any leave debited for the period(s) granted under sub-classes (i) of clause (b), after receipt of the certificate of disability of the Medical Authority, shall be remitted back into the leave account of the Railway servant.
Provided further that any leave granted to regulate the period of absence under sub-clause (ii) of clause (b), after receipt of the certificate of the Medical Authority, shall not be debited to the leave account of the Railway servant.”
[Authority: Railway Board’s No.E(P&A)I-2017/CPC/LE-5, dated 01.11.2019 (RBE No. 186//2019) (ACS No.138)]
(2) A railway servant who is declared by a medical authority to be completely and permanently incapacitated for further service shall:–
(a) If he is on duty, be invalidated from service from the date of relief of his duties, which could be arranged without delay on receipt of the report of medical authority. If, however, he is granted leave under para-1 above he shall be invalidated from service on the expiry of such leave; and
(b) If he is already on leave, be invalidated from service on the expiry of that leave or extension of leave, if any, granted to him under sub-para-1.
(b) For sub-rule (2), the following sub-rule shall be substituted, namely:-
“(2) In the case of Railway servant who is granted leave in accordance with the provisions of clause (b) of sub-rule (1), the provisions of section 20 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016) shall, suo motu apply.”
[Authority: Railway Board’s No.E(P&A)I-2017/CPC/LE-5, dated 01.11.2019 (RBE No. 186//2019) (ACS No.138)]
(3) A Railway servant who fails in vision test or otherwise becomes physically incapable of performing the duties of the post which he occupies but not capable of performing other duties shall be granted leave in accordance with ordinary rules subject to the proviso that where the Railway servant has not got six months leave to his credit his leave shall be made up to six months by the grant of extraordinary leave.
If an alternative employment cannot be found for such a person within the period of leave granted as above, his service shall not be terminated but his leave shall be extended by the grant of extraordinary leave, subject to the condition that the total amount of extraordinary leave to be granted to the Railway servant does not exceed six months.
The medically decategorized Railway employee waiting for absorption in alternative post may be allowed to commute the period of LHAP on production of medical certificate, subject to certification that the employee is not fit to hold the post from which he proceeded on leave. The commutation will, however, be admissible only up to the stage that an alternative post is offered to him by the administration.
Annexure III-A: Medical Certificate for Railway servants who are to be recommended Leave under Rule 522:-
After Annexure III, the following Annexure shall be inserted, namely:-
“Annexure III-A
(see rule 519 and 522)
Medical certificate for government servants who are to be recommended leave under rule 522
Signature/ thumb impression of the Railway servant …………………………………………………………………..
1. It is certified that Shri/ Shrimati/ Kumari ………………………………………………………….(designation and place of work may also please be indicated) is under my medical supervision since ……………………………………and is suffering from ………………………………(*)
2. The aforesaid medical condition can be reasonably estimated to have manifested itself with effect from ……………………………………and that:-
(i) It cannot be said with certainty that the Railway servant will never again be fit for service, or
(ii) There is no reasonable prospect that the Railway servant will ever be fit to return to duty.
3.** In view of the fact that it cannot be said with certainty as to when the Railway servant shall be fit for service, I recommend that Shri/ Shrimati/ Kumari ……………………………………………………………..may be granted leave on medical grounds w.e.f……………………….. to ………………………..(upto a period of one year)
[** Please strike out if a certificate is being issued under 2(ii) above]
Name and designation of the Medical Officer of Central Government Health Scheme/ Government Hospital/ Medical Board
OR
Name, designation and details of certifying authorities so designated under section 57 of the Rights of Persons with Disabilities Act, 2016 (49 of 2016)
(*) Note:- Nature of disability “specified disability”, “benchmark disability”, and “disability having high support needs” as referred to in the Rights of Persons with Disabilities Act, 2016 (49 of 2016)
[Authority: Railway Board’s No.E(P&A)I-2017/CPC/LE-5, dated 01.11.2019 (RBE No. 186//2019) (ACS No.138)]