Fixation of pay scale & Pay of Running staff on medical de-categorisation (Alternative Employment on Medical Ground)
Railway Board had constituted an executive committee to work out modalities for fixation of pay of running staff on on being medically de-categorised while finding suitable alternative post in new pay structure (7th CPC).
In continuation with the above recommendation Railway Board has issued an order vide letter No. E(NG) I-2009/RE-3/9 dated 05.10.2011, in which it is stated that the pay of medically de-categorised running staff while they are kept on supernumerary posts from the date, they are declared medically unfit till the date they are absorbed in suitable alternative posts, needs to be suitably fixed by addition of the pay element of running allowance as may be in force. It is further stated that the instructions for fixation of pay of medically de-categorised running staff on their absorption in suitable alternative posts will be issued separately.
As Per Section 47, CHAPTER VIII of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation) Act, 1995 as revised PWD act 2016 Section 20.
Non-discrimination in employment. -
(1) No Government establishment shall discriminate
against any person with disability in any matter relating to employment:
Provided that the appropriate Government may, having regard to the type of work carried on in any
establishment, by notification and subject to such conditions, if any, exempt any establishment from the
provisions of this section.
(2) Every Government establishment shall provide reasonable accommodation and appropriate barrier
free and conducive environment to employees with disability.
(3) No promotion shall be denied to a person merely on the ground of disability.
(4) No Government establishment shall dispense with or reduce in rank, an employee who acquires a
disability during his or her service:
Provided that, if an employee after acquiring disability is not suitable for the post he was holding,
shall be shifted to some other post with the same pay scale and service benefits:
Provided further that if it is not possible to adjust the employee against any post, he may be kept on a
supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is
earlier.
(5) The appropriate Government may frame policies for posting and transfer of employees with
disabilities
With the enactment of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 IREM is amended. with ACS-77.
IR1301. A Railway servant who fails in a vision test or otherwise by virtue of disability acquired during service becomes physically incapable of performing the duties of the post which he occupies should not be dispensed with or reduced in rank but should be shifted to some other post with the same pay scale and service benefits.
IR1307. Reckoning of element of Running Allowance for the purpose of fixation of pay of disabled/medically unfit running staff: pay of the medically unfit or decategorised employee on absorption will be fixed in the same scale of pay, at the stage corresponding to the pay previously drawn. 30% of pay is added to the minimum and maximum of the scale of pay of the previous post to determine the scale of pay for running staff on absorption. It is added to the basic pay previously drawn while fixing the pay on absorption. If the basic pay so arrived does not correspond to any stage in the grade of absorption, the Pay is fixed at the stage just below, duly allowing the difference as personal pay absorbable in future increments and increases in pay. In such cases the personal pay will count for the grant of DA, HRA, CCA etc.
Clarification on Pay Protection (Personal Pay) Pay protection to be continue after increments also.
1308. Fixation of Pay: The pay of the disabled/Medically decategorised Railway servants will be fixed on absorption in an alternative post at a stage corresponding to the pay previously drawn in the post held by them on regular basis before acquiring disability/medically decategorisation. For running staff, the fixation will be based on the basic pay plus a percentage of their basic pay, representing the pay element of running allowance as may be in force. If the basic pay so arrived at does not correspond to any stage in the absorbing grade the pay may be fixed at the stage just below and the difference allowed as personal pay to be absorbed in future increase in pay.
Similarly, if the Pay so arrived at exceeds the maximum of the absorbing grade, the Pay may be fixed at the maximum and the difference may be allowed as personal pay to be absorbed in future increments /increases in pay. Other allowances such as Dearness Allowance, City Compensatory Allowance and House Rent Allowance should be allowed on pay plus personal pay, if any, in the absorbing grade.
1307. Reckoning of element of Running Allowance for the purpose of fixation of pay of disabled/medically unfit running staff: While determining pay for the purpose of fixation of pay of medically unfit running staff in an alternative (stationary) post, an amount equal to such percentage of basic pay representing the pay element of running allowance as may be in force from time to time, may be added to the existing pay in Pay Band and the resultant figure (ignoring the fraction of rupee, if any) rounded off to the next multiple of 10 would be the pay in the Pay Band in the alternative post with no change in the Grade Pay of substantive post, in suitable alternative post.
1308. Fixation of Pay (other than Running Staff): The pay in Pay Band of the disabled/medically unfit Railway servants (other than Running Staff) will be fixed in the alternative post as previously drawn in the post held by them on regular basis before acquiring disability.
(Authority: RBE 41/2013 dated 30.04.2013) ACS No.224 (only for 6th CPC pay structure)
Master Circuler -34 dated-
18.1 While absorbing the medically de-categorised running staff in alternative posts, a percentage of basic pay representing the pay element in running allowance, as decided by the Government through administrative instructions from time to time, should be added to the minimum as well as maximum of the scale of pay for purposes of identifying 'equivalent' posts and their seniority should then be fixed in the equivalent absorbing posts.
Consequent upon implementation of Sixth Pay Commission recommendations an entirely new pay structure has been introduced with the concept of running pay band and grade pay. However the status, classification, eligibility for promotion, seniority, duties, etc., remain that of the basic grad pay of the post held by the employee on substantive basis. For absorption in suitable alternative posts fixing the pay in the same grade pay after adding 30% of running allowance to the existing basic pay alone, is against the Act, Manual provisions and natural justice. This ill intention of the Railway Board should be opposed suitably by educating the worker and organizing the struggles.
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