RBE No. 78/2006: Appointment on Compassionate Grounds – Medically De-categorized Staff

No.E(NG)II/95/RC-1/94, dated 14.06.2006

Sub: Appointment on Compassionate Grounds of wards/ spouse of medically de-categorized staff on the Railways.

1. Pursuant to the notification of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, instructions were issued by Ministry of Railways (Railway Board) laying down that in cases where a employee has been medically invalidated/ de-categorized where the administration cannot find alternative post for such an employee, he may be kept on a supernumerary post in the grade in which he was working on regular basis, till such time suitable post can be identified or till his retirement, whichever is earlier. As these instructions provided for continuation of service of medically invalidated/ de-categorized employee, there would be no occasion to the employee to be retired from service on medical ground. Therefore, according to the instructions, in such cases the occasion to consider a request for appointment on compassionate ground of an eligible ward would not arise (Board’s letter No.E(NG)I/96/RE-3/9(2), dated 29.04.1999 (RBE No.89/1999) refers.
2. Even if the employee chooses to retire voluntarily on his being declared medically de-categorized, if he so desires, he may be permitted but without extending the benefit of appointment on compassionate ground to a ward [Para 4 of Board’s letter of even number dated 18.01.2000 (RBE No. 08/2000) refers].
3. Board had earlier decided that in cases where an employee is totally incapacitated and is not in a position to continue in any post because of his medical condition, he may be allowed to opt for retirement. In such cases request for appointment on compassionate ground to an eligible ward may be considered. [Para 3 of Board’s letter of even number dated 18.01.2000 (RBE No. 08/2000) refers].
4. Pursuant to the demands raised by staff side, the issue has been deliberated upon at length in the full Board Meeting and it has been decided that compassionate ground appointment to the wife/ ward/ dependents of partially medically de-categorized staff who seeks voluntary retirement may be given subject to the following provisions:-

(a) The appointment will be given only in the eligible Group ‘D’ categories. ‘Eligible’ would mean that in case Group ‘D’ recruitment is banned for any particular category, the same would also apply for the compassionate ground appointments.
(b) Such an appointment should only be given in case of employees who are declared partially de-categorized at a time when they have at least 5 years or more service left.
(c) CMD of the railway should keep a watch over the trend of de-categorization, so that the present figure do not get inflated. CMD should also get 10% partially de-categorized cases re-examined by another Medical Board not belonging to Divisional Hospital which initially declared him unfit.

5. All those employees medical de-categorized after issuance of Board’s letter No.E(NG)II/95/RC-1/94, dated 18.01.2000 (RBE No. 08/2000), will also be covered under the instructions. However, such cases which have already been finalized in terms of Board’s letter No.E(NG)II/95/RC-1/94, dated 18.01.2000 (RBE No. 08/2000), 10.11.2000 (RBE No. 193/2000), and No.E(NG)II/2000/RC-1/Genl./17, dated 06.03.2002 (RBE No. 31/2002) and 26.05.2004 (RBE No. 106/2004) need not be reopened.
6. While considering such requests for compassionate ground appointment, the General Manager should satisfy himself on the basis of a balanced and objective assessment of the financial and other conditions of the family, that the grounds for compassionate ground appointment in each such case, is justified. [Board’s letter No.E(NG)II/98/RC-1/64, dated 28.07.2000 (RBE No. 144/2000) refers].

Download Railway Board Circular RBE No. 78/2006

Forward reference⇒RBE No.