SOUTH EAST CENTRAL RAILWAY Headquarters Office Personnel Department Bilaspur(CG),495 004 dated 12-1-2006 Estt Rule No 1/2006

To All concerned Subject:- The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995- Absorption of disabled/medically decategorised staff in alternative employment- Amendment to IREM. A copy of Railway Boards Letter No.E(NG)I-2004/RE-3/9 dated 7-12-2005 RB/ESTT No. 210/2005 is published for information, guidance and necessary action. Board's letters No. E(NG)1-2001/RE-3/8 dt 1-7-2003 & No. E(NG)I-96/RE-3/9(2) dt 29-4-99 were published as CPO/BSP Estt Rule No 8/2003 & CPO/GRC Estt Srl No.122/99 respectively. Encls : As above(2 pages) (T Lakra) Sr Personnel Officer(RRT) For Chief Personnel Officer Copy of Railway Boards Letter No.E(NG)I-2004/RE-3/9 dated 7-12-2005 RB/ESTT No. 210/2005 addressed to the General Manager/SECR Sub:- The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995- Absorption of disabled/medically decategorised staff in alternative employmentAmendment to IREM In terms of Para 1303(a) as modified vide ACS No. 148 issued under this Ministrys letter No. E(NG)1-2001/RE-3/8 dt 1-7-2003, a Railway servant who has been declared totally incapacitated not fit for any alternative post even in the lowest medical category, should be declared invalidated and retired from service as per procedure in force prior to coming into force of revised procedure laid down in ACS No. 77 issued under the Ministrys letter No. E(NG)I-96/RE-3/9(2) dt 29-4-99. 2. The matter has been reviewed further in consultation with the Ministry of Social Justice and Empowerment and the Ministry of Law and Justice (Department of Legal Affairs). It has been clarified that in view of the judgment of the Hon'ble Supreme Court in Kunal Singh vs Union of India, JT 2003(2) SC 132 the provisions of Section 47(1) of the Persons with Disabilities(Equal Opportunities, Protection of Rights and Full Participation) Act 1995 are to be complied with even in respect of those who have been declared totally incapacitated. 3. The Ministry of Railways have accordingly decided that the provision of Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 will apply to medically decategorised Railway servants who are declared totally incapacitated for further service even in the lowest medical category. 4. This issues with the concurrence of the Finance Directorate of the Ministry of Railways. 5. The Indian Railway Establishment Manual Vol. I, 1989 should also be amended as in the Advance Correction Slip No.179 enclosed. Encl: As above Sd/-(J.S.Gusain), Director Estt.(N), Railway Board

No.P-HQ/Ruling/Medical/21/207

INDIAN RAILWAY ESTABLISHMENT MANUAL VOLUME-I (REVISED EDITION 1989) Chapter XIII - Absorption of Medically Incapacitated Staff in Alternative Employment ADVANCE CORRECTION SLIP NO. 179 I. Substitute the following for the existing Para 1303 as substituted by ACS No. 148 "1303. The railway servants both in group(i) and group(ii) of Para 1302 cease to perform the duties of the posts they are holding from the date they are declared medically unfit for the present post. No officer has the authority to permit the Railway Servant concerned to perform the duties in the post beyond that date. If such a Railway Servant cannot be immediately adjusted against or absorbed in any suitable alternative post he may be kept on a special supernumerary post in the grade in which the employee concerned was working on regular basis before being declared medically unfit pending location of suitable alternative employment for him with the same pay scale and service benefits, efforts to locate suitable alternative employment starting immediately. The special supernumerary post so created will stand abolished as soon as the alternative employment is located." II. After the existing Para 1304 insert the following as Para 1305: "1305. Absorption in posts identified for employment of physically handicapped persons/creation of supernumerary posts. The Railway servants falling in group (i) mentioned in Para 1302 i.e. those who are declared unfit even for the lowest medically category, may be absorbed in a post/ category identified as suitable for employment of physically handicapped persons and fresh recruitment to that post/category from open market from amongst physically handicapped withheld. In case the alternative post is not carrying the requisite pay scale, a supernumerary post may be created in appropriate scale of pay and the employee adjusted against the same keeping the lower grade post vacant by withholding fresh recruitment thereto. The supernumerary post so created to accommodate a disabled/medically incapacitated employee shall stand abolished as soon as a suitable post in the appropriate scale is found for the Railway servant concerned or the post is vacated by him for other reasons, whichever is earlier." (Authority: Ministry of Railway's letter No. E(NG)I-2004/RE-3/9 dt. 7-12-2005)