IREC Rule No.552: Special Disability Leave For Injury Intentionally Inflicted

552. Special Disability Leave For Injury Intentionally Inflicted:-

(1)   The authority competent to grant leave may grant special disability leave to a railway servant (whether permanent or temporary) who is disabled by injury intentionally inflicted or caused in or in consequence of due performance of his official duty or in consequence of his official position.

(2)   Such leave shall not be granted unless the disability manifested itself within three months of the occurrence to which it is attributed, and the person disabled acted with due promptitude in bringing it to notice. Provided that the authority competent to grant leave, if it is satisfied as to the cause of the disability, may permit leave to be granted in cases where the disability manifested itself more than three months after the occurrence of its cause.

(3)   The period of leave granted shall be such as is certified by the Authorised Medical Attendant of the Railway servant concerned to be necessary. It shall not be extended except on the certificate of that authority and shall in no case exceed 24 months.

(4)   Such leave may be combined with leave of any other kind.

(5)   Such leave may be granted more than once if the disability is aggravated or reproduced in similar circumstances at a later date, but not more than 24 months of such leave shall be granted in consequence of any one disability.

(6)   Special disability leave shall be counted as duty in calculating service for pension and shall not except the leave granted under proviso to clause (b) of sub-rule (7) be debited against the leave account.

(7)   Leave salary during such leave shall–

(a)   For the first 120 days of any period of such leave, including a period of such leave granted under sub-rule (5) be equal to leave salary while on leave on average pay; and

(b)   For the remaining period of any such leave, be equal to leave salary during half pay leave:

Provided that a railway servant may, at his option, be allowed leave salary as in sub-rule (a) for period exceeding 120 days and in that even the period of such leave shall be debited to his half pay leave account.

(8)   In the case of a person to whom the Workmen’s Compensation Act, 1923 (18 of 1923) applies, the amount of leave salary payable under this Rule shall be reduced by the amount of compensation payable under section 4(1)(d) of the said Act.

(9)   The provisions of this Rule apply to a railway servant disabled in consequence of service with a military force, if he is discharged as unfit for further military service, but is not completely and permanently incapacitated for further civil service and to a railway servant not so discharged who suffers a disability which is certified by a medical board to be directly attributable to his service with a military force; but in either case, any period of leave granted to such a person under military rules in respect of that disability shall be reckoned as leave granted under this Rule for the purpose of calculating the period admissible.

Forward reference RBE No. 64/2019