Fixation of pay of Running staff on medical de-categorisation
Railway Board had constituted an executive committee to work out modalities for fixation of pay of running staff on their being medically de-categorised while finding suitable alternative post in new pay structure. This committee comprising of Executive Director/ E(N), EDF(E), EDPC-I, EDPC-II. The main recommendation of this committee is as follows.
“ for the purpose of determining the pay for the purpose of absorption of medically de-categorised running staff in suitable alternative post, an amount equal to 30% of pay may be added to the existing basic pay and the pay may be fixed in the pay band with no change in grade pay of substantive post, in a suitable alternative post.”
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.
Section 47, CHAPTER VIII of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full participation) Act, 1995 reads,
“No establishment shall dispense with, or reduce in rank, an employee who acquires with disability during his service:
Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale with 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 is available or he attain the age of superannuation, whichever is earlier ”.
With the enactment of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 IREM is amended.
IREM 1301. 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.
IREM 1307 Element of Running Allowance to be reckoned while finding alternative post to disabled medically de-categorised running staff :- In order to determine the same scale of pay for the purpose of absorbing a disabled/ medically de-categorised running staff in the alternative employment, an amount equal to such percentage of pay in lieu of running allowance as may be in force may be added to the minimum and maximum of the scale of Pay of the running staff. If the scale of Pay so arrived at is not identical with the scale of Pay already existing, the same may be replaced by the equivalent existing scale of pay.
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.