RBE No. 104/2006: Persons with Disabilities
No.E(NG)I-2004/RE-3/9, dated 31.07.2006
Sub: The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 – Absorption of disabled/ medically de-categorized staff in alternative employment.
1. In terms of the revised scheme of absorption of disabled/ medically de-categorized staff in alternative employment effective from 07.02.1996, the absorption should be in the same scale of pay in which the employee was working on regular basis at the time of his medical de-categorization. It has been brought to the notice of this Ministry that while a senior employee de-categorized before coming into force of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, was absorbed in an alternative post carrying scale of pay lower than that in which he was working on regular basis at the time of de-categorization, a junior employee de-categorized after coming into force of the Act was absorbed in an alternative post carrying same scale of pay in which he was working on regular basis at the time of de-categorization. This has created an anomalous situation of a senior working in lower grade and a junior working in higher grade in alternative posts after medical de-categorization. This kind of an anomaly is more pronounced in cases where the senior and the junior belonged to the same department/ cadre before de-categorization and are absorbed in the same department/ cadre after de-categorization.
2. The Ministry of Railways have reviewed the matter. It has been decided that General Managers, on representation, may review cases of senior employees who on medical de-categorization were absorbed in posts carrying scale of pay lower than the scale of pay in which they were working on regular basis at the time of medical de-categorization before coming into force of the Act with reference to absorption of their juniors in the same grade under the provisions of the Act. This may, however, be subject to the condition that both senior and junior should belong to the same Department/ cadre/ category/ grade before medical de-categorization and are also absorbed in the same Department in the same cadre/ category. In such cases, while the actual monetary benefit to the senior, as a result of review, may accrue with effect from the date of absorption in the appropriate higher grade, proforma benefit may be allowed with effect from the date of absorption of the junior on or after 07.02.1996, with reference to whose absorption the senior’s case is reviewed.
3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
Please acknowledge receipt.
Download Railway Board Circular RBE No. 104/2006
Forward reference ⇒ RBE No.