ABSORPTION OF MEDICALLY DECATEGORISED NON-GAZETTED STAFF IN ALTERNATIVE JOBS

Government of India   Ministry of Railways   Master Circular No. 25     ABSORPTION OF MEDICALLY DECATEGORISED NON-GAZETTED STAFF IN ALTERNATIVE JOBS     CONTENTS     S. N Particulars   Part I 1 Introduction 2 Staff Eligible For Benefits Of Medical Decategorisation 3 Causes Of Medical Decategorisation 3 (i) Decategorisation Arising Out Of Natural Causes 3 (ii) Injuries Owing ToNegligence Of Employee Himself Or Lack Of Personal Hygiene Etc. 3 (iii) Arising Out Of Accidents 3 (iv) Arising Out Of Contraction Of Occupational Diseases 3 (v) Arising Out Of Accidental Injuries 3 (vi) Breach Of Any Provision Of Law Or Statutory Rules 4 Classification Of Medical Decategorisation 5 Course Of Action To Be Taken 5.1 Staff Not Eligible For Alternative Employment 5.2 Staff Eligible For Alternative Employment 5.3 Grant Of Leave Upto Six Month To Permanent Staff 5.4 Grant Of Leave Upto Six Months To Temporary Employees 5.5 Grant Of Extraordinary Leave 5.6 Facility for some additional training 5.7 Alternative employment not accepted 5.8 Service of staff in mat cadre not adversely affected 6 Points to be taken in view while absorbing in alternative employment 7 Priority in absorption 8 Steps to be taken for finding alternative employment 8.1 Formation of Committee 8.2 To prepare a list of vacancies 8.3 Responsibility of the offices to findsuitable alternative employment 8.4 If no immediate prospect 8.5 Staff likely to be suitable for clerical appointments 8.6 Railway servantcan applyfor a particular post 8.7 Maintenance of Register “A” 8.8 Maintenance of Register “B” 8.9 Review of Registers A &B 8.10 Separate list of staff not absorbed even after 3 months 9. Seniority ofMedically Decategorised Non-gazetted staff absorbed in alternative post 10. Fixation of pay of Medically Decategorised staff 11. Miscellaneous 12. General Original Orders/Circulars from which Consolidation has been made Offer of alternative employment and grant of extraordinary leave to Permanent staff declared medically unfit for a particular category out tit for other categories E (NG)56/RE 1/11 06.02.1958 Alternative employment to medically unfitted staff –Loco Running Staff E (NG) 57/RE1/26 23.01.1960 Determination of seniority of medically unfitted staff absorbed in other departments E (NG)/55SR 6-15  14.03.1957 Seniority of medicallyincapacitated staff in alternative posts E (NG) 63/SR6/31 26.08.1964 Date of increment of medicallyincapacitated staff in the grade of absorption E (NG) 66/RE1/54  19.10.1966 Date of increment in the case of medically incapacitated staff in the grade of absorption E (NG) II/66/RE 1/54  04.03.1968 Absorption of medically incapacitated staff in al­ternative employment – Deciding absorbing grade E (NG) II/69/RE 3/5 18.12.1969 Fixation of pay of medically decategorised staff who may be undergoing punishment of stoppage of increments at the time ofabsorption against alternative posts E (NG) II/70/RE 3/2  31.12.1970 Seniority of medically incapacitated staff in alternative posts – Cases of transfers at request E (NG) I/68/SR 6/32 20.10.1971 Absorption of medically decategorised staff in alternative posts – Running staff E (NG) II/70/RE 3/4 03.11.1971 Implementation of the Recommendations of the Visual Sub-Committee 69/H/3/11 06.12.1974 Absorption of medically decategorised staff in alternative posts – In Trains Clerks E (NG) IV75/RE 3/1 15.01.1975 Absorption of medically decategorised staff – Third PC Recommendations PC III/73/Med/2 24.01.1975 Relative position of medically decategorised staff absorbed in alternative posts in the same cadre E (NG) IV73/RE 3/16 11.04.1975 Alternative employment to medically unfitted staff – In Trains Clerks E (NG) IV75/RE 3/1 07.08.1975 Absorption of medically decategorised staff – Calculation of SRPF incase of Voluntarily/ Compulsorily Retirement PC III/73/Med/2 20.09.1975 Absorption of staff in alternative employment on production of medical certificate E (NG) II/76/RE 3/3 26.03.1976 Absorption of medically decategorised staff – Retiral Benefits PC III/73/Med/2 10.05.1976 Seniority of medically incapacitated staff absorbed in alternative posts – Deciding Absorbing Grade E (NG) I/76/SR 6/37 18.09.1976 Seniority of medically decategorised staff in alternative posts – Those MedicallyDecategorised Staff who have come on transfer prior to being unfit E (NG) I/71/SR 6/39 31.05.1977 Absorption of medically incapacitated staff in alternative employment – Running Staff E (NG) II/77/RE 3/2 02.09.1977 Medically unfitted/decategorised Railway employees. Grant of post-retirement complimentary passes E (W) 77 PS5-8/4 20.07.1978 Relative position of medically decategorised staff absorbed in alternative posts in the same cadre E (NG) I/78/SR6/6 11.01.1979 Employment of Shunters who are found medically unfit in A-I E (NG) II/79/RE 3/1 20.01.1979 Absorption of medically incapacitated staff in alternative employment – Determining of Equivalent Grades vis-à-vis the Running Allowance E (NG) II/79/RE 3/5 22.05.1979 Absorption of medically incapacitated staff in alternative employment – Determining of Equivalent Grades vis-à-vis the Running Allowance E (NG) II/79/RE 3/5 14.06.1979 RLT, 1971-Recommendations regarding medically decategorised Rly employees 78/E (RLT)/4 22.06.1979 RLT, 1971-Recommendations regarding medically decategorised Rly employees 78/E (RLT)/4 23.06.1979 Protection of pay of Loco Running Staff on Medical decategorisation E (NG) II/79/RE 3/12 15.10.1979 Railway Labour Tribunal, 1971 – Recommendations regarding medically decategorised Railway employees 78/E (RLT)/4 18.07.1980 Absorption of running staff in alternative categories on medical decategorisation – Reopening of Past Cases to decide the equivalent Grades E (NG) I/80/SR 6/83 03.03.1981 Vacancies to be manned by Scientific and Technical Personnel E (NG) 11/81/RE 1/17 06.11.1981 Railway Labour Tribunal—1971, Term of Reference No. l—Medically decategorised employees 78 E (RLT) 4-Pt. 08.03.1984 RailwayLabour Tribunal, 1971 — Term of reference No. l- Medically decategorised employees E (LR) II/85/RLT/1 21.01.1985 Railway Labour Tribunal, 1971—Recommendation regarding medically decategorised Railway employees—Fixation of pay E (NG) I/86/RE 3/3 09.04.1986 RBE 75/86 Railway Labour Tribunal 1971—Recommendations regarding medically decategorised Railway employees — Date of effect E (NG) I/86/RE 3/5 20.11.1986 Absorption of medically decategorised non-gazetted staff in alternative posts in regular cadres E (NG) I/88/RE 3/1 11.04.1988 RBE 76/88 Fixation of pay of medically decategorised staff on absorption in alternative postsin terms of RLT Award 1971—Waival of over-payments E (NG) I/87/RE 3/3 03.11.1988 Absorption of medically decategorised staff of Railway Protection Force in alternative posts E (NG) I/88/RE 3/2 18.01.1989 RBE 22/89 Absorption of medically decategorised staff in alternative posts – Offer of job in lower Grades before expiry of EOL E (NG) I/88/RE 3/3 28.03.1989 RBE 91/89 Medically decategorised staff absorbed in alternative posts at out-stations—Grant of benefits on transfer account E (NG) I-90/RE 3/1/ 26.02.1991 RBE 40/91 Medically decategorised staff waiting for absorption in the alternative Post—Treatment of intervening period E (G) 92-LE 1-6 23.11.1993 RBE122/93 Assignment of seniority to medically decategorised staff absorbed in alternative categories. E (NG) I/93/RE 3/6 29.04.1994 RBE 36/94 Paras 1301 & 1302 of IREM Vol. I – Classification of Rly Servants declared medically unfit Para 1313 of IREM(1989) – Leave Extracts from IREM Vol. I (Para 1313) – Fixation of Pay Other Railway Board Orders on the Subject Link to Chapter 13 of IREM Vol. I             MASTER CIRCULAR NO. 25     ABSORPTION OF MEDICALLY DECATEGORISED NON-GAZETTED STAFF IN ALTERNATIVE JOBS     Instructions on the subject of “Absorption of medically decategorised” non-Gazetted staff on the Indian Railways are contained in the Indian Railway Establishment Code, Indian Railway Establishment Manual and in the various circulars issued by the Railway Board from time to time. Issue of consolidated instructions has been engaging the attention of this Ministry for some time past. They have now decided to issue consolidated instructions on the subject of  “Absorption of medically decategorised non- Gazetted staff in the form of a Master Circular as below for the information and guidance of all concerned.   2. The medical decategorisation benefits are applicable only to staff who are subjected to periodical medical examination and will not be extended in the case of staff belonging to categories not requiring periodical medical examination and are given change of category.   3. Causes of medical decategorisation:   Causes, which lead to medical decategorisation, may be divided into following groups: —   (i) Decategorisation arising out of natural causes such as ageing process, deterioration of visual acuity including colour perception in the ordinary course;   (ii) Decategorisation arising out of injuries received owing to negligence of an employee himself or decategorisation arising out of lack of personal hygiene, want of ordinary care in regard to health by the employee or arising out of his/ her various habits such as addiction to drinks, drugs, smoke etc., and arising out of failure to take ordinary and proper precautions in performance of duties by the employee;   (iii) Decategorisation arising out of accidents arising out of and in the course of employment;   (iv) Decategorisation arising out of contraction of an occupational disease, disease peculiar to the service in which duties are performed. This will comprise of cases of those persons who will be covered by the occupational disease specified in Paras – A, B or C of Schedule-III to the Workmen’s Compensation Act, 1923. Cases in which Railway employees contract dermatitis m the course of their handling diesel and other mineral oil also would be treated as occupational disease for the purpose of these orders;   (v) Decategorisation arising out of accidental injuries received owing to willful act or negligence of a co-employee; and   (vi) Decategorisation directly arising out of breach of any provision of law or statutory rules by the Railway Administration.   [No. 781E(RLT) 14 dated 22.06.1979, 78/E (RLT)/4 dated 18.07.1980 and E (NG) I/86/RE 3/5 dated 20.11.1986]   4. Classification of medical decategorisation:   The Railway servant declared medically unfitted/decategorised can be classified in two categories: —     (a) Those completely incapacitated for further service in any post on the Railway i.e. those who cannot be declared tit even in the “C” medical category; and   (b) Those incapacitated for further service in the post they are holding but declared fit in lower medical category and eligible for retention in service in posts corresponding to the lower medical category. [Para 1302 of IREM, 1989 Edition]   5.  Course of action to be taken:   5.1. A Railway servant coming under the category of para 4 (a) above cannot be retained in service and is not, therefore, eligible for alternative employment. If he/she is on duty he/she shall be invalidated from service from the date of relief of his/her duty, which should be arranged without delay on receipt of the report of medical authority. If, however, he/she is granted leave, he/she shall be invalidated from service on the expiry of the leave, but if he/she is already on leave he/she shall be invalidated from service on the expiry of that leave or extension of leave. The leave or extension of leave that may be granted to him/her after the report of the medical authority has been received will be so limited that the amount of leave as debited against his/her leave account together with any period of duty beyond the date of medical report does not exceed 6 months.     5.2. In the case of Railway servants falling under the category of 4(b) above, their services should not be discharged forthwith but every endeavour should be made to find alternative employment for them as expeditiously as possible. Delays in finding out alternative employment should be avoided. Such employment must be of suitable nature and on reasonable emoluments having regard to the emoluments previously drawn by the Railway servant. If suitable alternative job is not available with same emoluments, a job with lower emoluments may be offered.   5.3. A permanent Railway servant coming under the category of para 4(b) above, must also cease to perform duties of the post he/she was holding from the date he/she is declared medically unfit. No officer has the authority to permit him/her to perform the duties of that post beyond that date. He / She should be granted leave as admissible to him / her from the date he/she is incapacitated subject to the proviso that where the Railway servant has not got 6 months leave to his/her credit, his/her leave should be made upto 6 months by grant of extraordinary leave. Alternative employment must be found within this period. If alternative employment cannot be found for such a person within the period of leave, his/her service should be extended by grant of extraordinary leave subject to the condition that the total amount of extraordinary leave to be granted does not exceed 6 months.   5.4. Temporary employees falling in groups (iii) to (vi) mentioned in para 3 above may also be allowed leave as admissible to them from the date of decategorisation subject to the proviso that where the employees have not got six months leave to their credit, their leave shall be made upto six months by grant of leave without pay within which alternative appointment must be found. If, however, alternative employment cannot be found for such employees within the period of leave so granted, their services should be extended by grant of leave without pay subject to the condition that the total amount of leave without pay does not exceed six months.   5.5. The above benefit will not be admissible to temporary employees falling in groups (i) and (ii) mentioned in para-3 above. It has, however, been decided that though it is not obligatory, every effort may, nonetheless be made to find alternative employment for them. They should be granted such leave as due to them plus extraordinary leave not exceeding three months, the total not exceeding six months. If no alternative employment can be found in this period, the employee should be discharged from service.   5.6.  In all cases where alternative employment can be facilitated with some additional training, such training as is feasible should be provided.   5.7   The Railway servant is to be retired if one or more alternative employment is not accepted on the expiry of leave granted to him/ her.   5.8.  The Railway Administration should ensure, while absorbing medically decategorised staff m alternative employment, that the interest of staff in service in that cadre are not adversely affected as far as possible. [Paras 1301, 1303, 1304 and 1309 of IREM (1989); Board’s letter No. E (NG) 57/REJ/26 dated 23.01.1960; E (G) II/LE1/5 dated 29.03.1962; E (NG) II/751RE3/J dated 07.08.1975; E (G) 88/LE2/12 dated 23.08.1988; E (NG) I/88/RE3/3 dated 28.03.1989 and F (E) 621LE411 dated 14.09.1963]   6. Points to be kept in view while absorbing in alternative employment:   6.1. Medically decategorised staff may as far as possible be absorbed in such alternative posts which should broadly be in allied categories and where their background and experience in earlier posts can be utilised.   For this purpose, attempt should-be made to absorb the disabled Railway servants not only within the divisions or the departments but also in another divisions or departments.   6.2. In the case of medically unfitted/decategorised running staff preference for absorption may be given in the following categories: —   (a)        Power Controllers;   (b)        Assistant Loco Foreman;   (c)        Instructions in Zonal Schools;   (d)        Janitors;   (e)        Shedman;   (f)        Job Recorders;   (g)        Telephone Clerks;   (h)        Clerks in Control Office;   (i)         Hostel Warden;   (j)         Hospital Superintendent;   (k)       Welfare Inspector;   (l)         Wagon Movement Inspector; and   (m)       Trains Clerk.   6.3. If permanent Railway servant is absorbed against a temporary post in a permanent cadre, a supernumerary post may be created in lieu of the temporary post and his/her lien counted against the post. Actual creation of a supernumerary post should follow the acceptance of offer of alternative post and it is desirable that if the supernumerary post is in lieu of a long-term post, the latter should preferably be one, which is expected to be converted into a permanent post very soon.   6.4. Where it is not possible to find a suitable alternative permanent post or even a suitable temporary post (convertible or supernumerary post) within the period of leave, permanent Railway servants may be absorbed against any temporary post for which they are considered suitable, within the period of leave as in interim measure. They may be shifted at the earliest opportunity against suitable permanent post or temporary post (convertible into supernumerary post). The period of service rendered against temporary post against which they are absorbed, as an interim measure will not count for the purpose of seniority and fixation of pay. The pay on permanent absorption would be fixed with reference to the pay, which they drew immediately before medical decategorisation.   6.5. Whenever a medically decategorised employee has enough knowledge for discharging efficiently the duties of the alternative not post, the prescribed educational qualification for recruitment to that grade need not be insisted upon. Any minor deficiency should be made good by the training referred to in para 5.6 above.   6.6. Medically incapacitated staff should not be absorbed in higher scales.   6.7. In the case of running staff the former emoluments for the purpose of comparison and identifying equivalent posts will be basic pay plus a percentage of such pay in lieu of running allowance, as may be in force.   6.8. Medically decategorised staff should be absorbed in suitable alternative posts in regular cadre only and not in tenure posts.   6.9. A decategorised driver, if he possess vision of category A-2 on re-examination, may be allowed to work as Shunter although the standard laid down, for Shunters as A-I will apply for new recruits and promotees. Similarly a Shunter who gets decategorised in A-I but is found tit in A-2 may continue to be utilized on shunting duties in the Loco Sheds/Yards.   6.10. Carriage & Wagon staff who were recruited originally in B-I category and have since been declared unfit in that category but are tit in B-II category may be absorbed in the sick line of carriage and wagon department.   [Ref.: Paras 1305 and 1309 of 1REM (1989), Board’s letters No. E (NG) 56/RE1/11 dated 06.02.1958; E (NG) II/69/RE3/5 dated 18.12.1969; E (NG) II/70/RE 3/4 dated 03.11.1971; E (NG) II/75/RE3/1 dated 15.01.1975; E (NG) II/73/RE3/16 dated 11.04.1975; E (NG) II/75/RE3/1 dated 07.08.1975; E (NG) II/76.RE3/3 dated 26.03.1976; E (NG) II/77/RE3/2 dated 02.09.1977; E (NG) II/RE/3/5 dated 22.05.1979; E (NG) Il/79/RE 3/5 dated 14.06.1979; E (NG) 1/79/PM1/120 dated 10/11.12.1980; E (NG) 1/80/SR 6/83 dated 03.03.1981; E (NG) II/81RE 1/17 dated 06.11.1981; E (NG) II 88/ RE 3/1 dated 11.04.1988; and E (NG) II/74/RE 3/1 dated 20.01.1979]   7. Priority in absorption:   7.1. When question about priority to be given for absorption amongst medically decategorised persons arises, the following may be kept in view: —   (a)        Seniority;   (b)        Prior disqualification;   (c)        Prior decategorisation;   (d)        Prior exhaustion of leave with pay;   (e)        Suitability for available post; and   (f)        Educational qualification.   The absorbing authority can use his discretion as to which particular factor should be given emphasis. If all factors are found to be equal, then the weightage must be given to “seniority” not only / in those cases where two decategorised employees belong to the same cadre but also when they belong to different cadres.   7.2. In determining priority the following factor should also be borne in mind i.e. what was the cause of decategorisation: —   (a)        Accident;   (b)        Occupational diseases;   (c)        Exposure to certain type of work done on Railways;   (d)        Physical unfitness on account of safety considerations;   (e)        Decategorisation from such categories as Guards, ASMs etc.   In determining priority, the above factor should be considered in the following order: —   (a)        Cause of decategorisation;   (b)        Other factors such as seniority etc.; and   (c)        All things being equal, seniority must be preferred to juniority. (78 E (RLT)/4 dated 23.06.1979).   8. Steps to be taken for finding alternative employment:   8.1. With a view to determine the categories in which a medically incapacitated Railway servant is suitable for absorption, a Committee should examine him. The Committee may consist of two or three officers posted at the headquarters of the officer under whom the medically incapacitated Railway servant was working, the Railway servant’s immediate officer being one of the members of the Committee. After the Committee has examined the Railway servant and determined his suitability for certain categories of posts, the officer under whom the Railway servant was working will proceed to take further action to find suitable alternative employment for him.   8.2. The officer concerned will prepare a list of vacancies within his jurisdiction in the categories for which the medically incapacitated Railway servant has been found suitable and a post with emoluments as near as possible to his earlier emoluments will be offered to him.   8.3. It will be the responsibility primarily of the officer under whom the Railway servant is directly serving, to find suitable alternative employment for him. This will be done first by trying to find alternative employment in the officer’s own Division, sub-division, office, workshop and C. & A. register vide sub-paragraph 8.7 and 8.8 below will be maintained for this purpose.   8.4. If there is no immediate prospect of employment in his own division, sub-division, office & C., the name of the Railway servant with particulars as given in sub-paragraph 8.7 below will be circulated to all other offices or establishments where suitable employment is likely to be found.   8.5. The names of the Railway servants likely to be suitable for clerical appointments should be intimated to the Divisional Office as well as to Headquarters Office.   8.6. Nothing in the previous sub-paragraphs debars a Railway servant from applying for a particular post for which he is likely to be deemed suitable and which is known to be vacant under any officer. Such an application must be addressed through the immediate officer of the Railway servant concerned and must contain full particulars of his service and must be forwarded to the officer to whom addressed or to the authority competent to make the appointment. The result of the application must be communicated to the Railway servant.   8.7. Details in respect of medically decategorised staff should be entered in a register to be called “Register-A”. This should be maintained at Divisional or other appropriate level. This register should contain the following information: —   (i)         Serial number;   (ii)        Name of the employee;   (iii)       Post held prior to decategorisation;   (iv)       Grade;   (v)        Rate of pay;   (vi)       Date of medical unfitness;   (vii)      Educational and other qualifications;   (viii)     Details of post offered with grade and rule of pay;   (ix)       Post in which finally absorbed with grade and rate of pay;   (x)        Details of leave availed of – LAP, LHAP and LWP.   (xi)       Remarks.   8.8.      In order to match the supply of vacancies with the demand of the medically decategorised personnel, another register called “Register -B” should be kept indicating the vacancies in various medical categories – “A” downwards to “C” – in separate pages as follows: —     (i)         Serial number;   (ii)        Designation of post with grade;   (iii)       Date of occurrence of vacancy;   (iv)       Remarks regarding filling up.   8.9. The two registers—Register “A” & “B”—should be kept up-to-date at all times and reviewed at the level of Divisional Personnel Officer or other appropriate authority in case of extra-Divisional Offices.   8.10. Separate list of staff who has not been absorbed even after 3 months of medical unfitness should be prepared and should be reviewed at DRM (Personnel) level.   8.11. Besides 3 months old cases, special note should be taken of the cases of staff who have exhausted or are at the point of exhausting their earned leave.   Note:   Screening Committee should not insist on unrealistic requirements of educational and technical attainments in this connection, attention is invited to para 6 (5) above. [Para 1306 or IREM/1989, Board’s letter No. 78/E (RLT) 4 dated 23.6.1979]   9. Seniority of medically decategorised non-gazetted staff absorbed in alternative post:   9.1. The medically decategorised staff absorbed in alternative post, whether in the same or other cadres, should be allowed seniority in the grade of absorption with reference to the length of service rendered in the equivalent or corresponding grade, irrespective of the rate of pay fixed in the grade of absorption. In -the case of the staff who is in grade higher than the grade of absorption at the time of medical decategorisation, total service in the equivalent and higher grade is to be taken into account. This is subject to the proviso that if a medically decategorised employee happens to be absorbed in the cadre, from which he/she was originally promoted, he/she will not be placed above his/her erstwhile seniors in the grade of absorption.   9.2. The principle stated at para. 9.l above will not apply to staffs who get their cases recommended for a change in category on medical grounds. They will be governed by the same rules as applicable to staff transferred at their own request.   9.3. Staff, who come on transfer to another unit accepting bottom seniority and later get medically decategorised, will get the benefit of only the service in the new unit for determination of seniority after decategorisation.   9.4. If vacancies are not available in equivalent grades, a medically decategorised employee has to be offered absorption in a lower grade. The employee may accept or refuse absorption in a lower grade. However, when an employee accepts the absorption in a lower grade he may accept it with the request that if a vacancy in a grade equivalent to what he/she held before decategorisation occurs in the same cadre, he/she should be considered eligible for the same in preference to a junior medically decategorised employee. While the employee can be expected to put in an application when this contingency occur, it is necessary for the Railway Administration suo-moto when considering, a subsequent decategorised employee for absorption in a cadre, to look into cases when senior decategorised employees may have been absorbed in lower grades in the same cadre during the previous 3 years and initiate a review.                                                 9.5. As a result of the review referred to in para 9.4 above, the junior employee already absorbed and working in higher grade should not be displaced to make room for the senior. The senior may be promoted against the next vacancy arising in the grade and relative seniority in the grade re-fixed taking into account the position before medical decategorisation.   9.6. When a junior has already been absorbed in an equivalent grade but a senior gets medically decategorised during the next three year period and has necessarily to be absorbed in the same cadre as the junior employee, but no vacancy in a similar grade is available, he/she may be provisionally absorbed in a lower grade with the understanding that the next vacancy occurring in the higher grade would be given to him/her. On such a vacancy occurring and his/her being posted therein, seniority should be recast as referred to in para 9.5 above.   9.7. There may be cases, where a senior employee was absorbed in a grade taking into account his/her position before decategorisation and a junior got promoted subsequently to a higher grade but ultimately gets medically decategorised and becomes eligible for alternative employment in a higher grade. It is not the intention that such cases, which happened because of the efflux of time, should be reviewed.   9.8. Medically unfitted direct/recruits offered alternative employment should be placed at the bottom of the existing panel of the new category but should take precedence over candidates who are offered appointment in that category from subsequent panels. [No. E (NG) 63/SR 6/31 dated 26.08.1964; E (NG) II/68/SR 6/32 dated 20.10.1971; E (NG) II/76/SR 6/3 dated 18.09.1976; E (NG) 1/ 71/SR 6/39 dated 31.05.1977; E (NG) I/78/SR 6/6 dated 11.01.1979 and Para 1314(b) of 1REM J 989]   10. Fixation of pay of medically decategorised staff:   10.1. The pay of a Railway servant who is medically decategorised and absorbed in an alternative appointment will be fixed at a stage corresponding to the pay drawn in the post held in the parent department. If there is no such stage in the post in which he/she is absorbed, he/she is to be given the stage below the pay previously drawn by him/her.   10.2.    In the case of running staff, the last pay drawn in the parent cadre + percentage of this pay in lieu of the running allowance which is 30{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} at present is also protected. It is, however, subject to the condition that the employee is not entitled to a pay more than maximum of the absorbing grade though he might be drawing more pay in his parent department, if decategorisation had arisen on account of the’ causes mentioned in para 3(i) and 3(ii). However, if the medical decategorisation has arisen due to the causes mentioned in para 3 (iii), 3 (iv), 3 (v) and 3 (vi), the pay of the decategorised employee (in the case of running staff, pay + percentage of pay treated as emoluments in lieu of the running allowance) should be protected in the absorbing grade and if it exceeds the maximum of the absorbing grade, the difference will be allowed as personal pay to be absorbed in future increase(s) in pay.   10.3. The pay of the medically decategorised employees (in the case of running staff pay + 30{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of pay in lieu of running allowance) falling under Groups (iii) to (vi) of para 3 above, and not in Group (i) & (ii) of the same para should be protected fully in the absorbing grade and if it exceeds the maximum of the absorbing grade, the difference will be permitted as personal pay to be absorbed in future increases.   10.4. If before medical decategorisation an employee is empanelled or trade tested and if the panel or trade test list is valid even at the time of decategorisation and vacancy arises in the parent department whilst the panel or the list is still in force, the decategorised employee must be considered for giving him the benefit of promotion which he would have received but for his decategorisation subject to the following conditions:   (a) The benefit will be admissible only in cases where the medical decategorisation is owing to:   (i) Accidents, which arose out of and in the course of employment,   (ii) Accidental injuries received due to willful act or negligence of    co-employee.   (b) The benefit will be admissible only if the relevant panel (in the case of selection posts) or suitability list (in the case of non-selection posts) including posts filled through trade test is valid on the date from which the benefit is due.   (c) The benefit will be limited only to the initial fixation of pay in the higher posts; no subsequent incremental benefit will be admissible.   10.5. In the case of Railway servant who may be undergoing the punishment for stoppage of increment without cumulative effect at the time of medical decategorisation, pay fixed at a lower rate in the alternative employment, should be allowed to draw increment in the alternative post from the date from which he/she would drawn his/her increment in the old post on withdrawal of the punishment. [Para 304 of IRE Code Vol. 1/1985; para 1313 of 1REM/1989; Board’s letters No. E (NG) I1/70/RE 3/2 dated 31.12.1970; 78/E (RLT)/4 dated 22.06.1979; 78 E (RLT)/4 dated 18.07.1986; E (NG) 1/86/RE 3/3 dated 09.04.1986; E (NG) I/86/RE 3/5 dated 20.11.1986 and E (LR) II/85/RLT/1 dated 21.1.1985]   11. Miscellaneous:   11.1. Medically decategorised staff of RPF department may be first considered for absorption in the Ministerial posts in that department itself for which they may be medically fit. In case no suitable posts are available in that department, they may be considered for absorption in alternative posts in other departments of the Railway within the framework of the provisions of Chapter-XIII of IREM 1989.   11.2. Similarly, when staff of other Departments are medically decategorised and could not be absorbed in a suitable post in their own department, they may be considered for alternative appointment against the ministerial posts in RPF department if such posts are available in that department.   11.3. The period of leave granted to a medically decategorised staff awaiting absorption in an alternative post counts for increment of a post held by him substantially in terms of Rule 1320 (b)(i) R.II (6th Edition). [Ref.: No. E (NG) 66/RE 1/54 dated 19.10.1966; E (NG) 66/RE 1/54 dated 04.03.1968; E (NG) II/79/RE 3/12 dated 15.10.1979 and E (NG) 11881 RE 312 dated 18.01.1989]   12. General:   (a) While referring to this Circular, the original letters referred to herein should be read for a proper appreciation. This circular is only a consolidation of the instructions issued so far and should not be treated as a substitution to the originals. In case of doubt, the original circular should be relied upon as authority.   (b) The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifically indicated otherwise in the concerned circular. For dealing with old cases, the instructions in force at the relevant time should be referred to.   (c)    If any circular on the subject, which has not been superseded, has not been taken into consideration while preparing this consolidated letter, the said circular, which has been missed through oversight, should be treated as valid and operative. Such a missing circular, if any, may be brought to the notice of the Railway Board.     1.   Subject:Offer of alternative employment and grant of extraordinary leave to Permanent staff declared medically unfit for a particular category out tit for other categories. [No. E (NG) 56 RE 1/11 dated 06.02.1958]   Reference this office letter No. E 52 RE 1/17/3 dated 13.02.1953. The Board have further considered the question of finding alternative employment for a permanent Railway Employee who has been found medically unfit for performing duties of the particular post but not incapable of performing other duties. In partial supersession of the orders contained in Board’s letter dated 13.02.1953 they have decided that if such an alternative employment cannot be found for him within the period of leave granted under the ordinary rules, his services should not be terminated, but the leave should be extended by the grant of extraordinary leave upto a further period of six months. It should be possible within the period of the leave thus extended to find either a permanent post or a temporary post for his absorption. If the Railway servant is absorbed against a temporary post in a permanent cadre, a supernumerary post may be created in lieu of the temporary post and his lien counted against that post. It should, however, be noted that: —   (i) The actual creation of a supernumerary post will fellow the acceptance of offer of alternative post and,   (ii) It is desirable that if the supernumerary post is in lieu of a long term temporary post the latter should preferably be one, which is expected to be converted into a permanent post very soon.   The above has the approval of the President.   2.   Subject:Alternative employment to medically unfitted staff.   [No. E (NG) 57 RE 1126 dated 23.01.1960]   Reference Board’s letter No. 56 ME 1-11/Medical Pt. dated 17.04.1956. From the replies received from the Railways, the Board observe that it is only in the category of Loco, Running staff that alternative employment with adequate employments may present some difficulty. In the matter of fixation of pay of such staff consequent on their absorption in other categories, the Board desire that the instructions contained in their letters Nos. E55RE1/26/3, dated 14.06.1956 and E (NG) 56RE1/11, dated 06.02.1958, should be strictly followed. Care should be taken to see that the interests of the staff in service are not affected adversely as far as possible, and alternative appointment should be offered only in posts, which the staff can adequately fill.   2. The Board have further decided that the cases of Loco Running staff in the following categories may broadly be dealt with as under: —   (a) Drivers, Grade “A” in scale Rs. 260-350 – By further training and experience they would be suitable for either the post of Loco Foreman or Power Controller. They are, however, in effect already in the highest Class III Grade, taking into account their running allowance and therefore, they cannot straightaway be posted to the highest grade Rs. 360-500 or Rs. 300-400. The number of medical failure in this category would, however, be few and in their case, it would be fair if the initial posting is made in grade Rs. 260-350, as almost invariably they could be fixed in term of Rule 150-A RI on the maximum of the scale Rs. 260-350 with due regard to the pay and running allowance and thereby they would not lose much in emoluments.   (b) Drivers Grade “B” in scale Rs. 160- 300 -They may have risen from the ranks and may not have had enough education to fit them for posts of Assistant Loco Foreman or Power Controllers in scale Rs. 260—350. Their experience also may be inadequate and they may individually be unsuitable for these posts. Such cases will also be few and if they are not suitable for the higher grades, they should be posted as shedmen in the grade Rs. 150-225. The alternative posts for the purpose of absorbing the medically unfitted Drivers grade “B” may be treated as non-selection posts and if no posts are vacant, the existing junior most incumbent should be reverted to his lower post, until another vacancy arises. (c) Drivers Grade “C” in scale Rs. 100-185 – They will generally be men with very little education. They should be fixed as Fitters in scale Rs. 60-130 after, if necessary, giving them a short course of training. (d)   Shunters Grade “A” in scale Rs. 60-150 – They should be fitted as Shedman in scale Rs. 60-130 or be given training before being posted as Fitter in scale of Rs. 60-130. (e)    First Fireman “A” in scale Rs. 75-105 – They should be given training and posted as Fitter in scale Rs. 60-130. (f)     Shunters grade “B” in scale Rs. 75-105 and First Fireman ‘B’ in scale Rs. 50-80 –  They will need individual treatment depending on their education, experience and aptitude and may be dealt with on the merits of each case. (g) Second Fireman in scale Rs. 40-1-50 – They should be absorbed in Class IV posts and be encouraged to acquire after posting elementary skill in a trade for posting as Basic tradesmen. 3. Before offering alternative employment to medically unfitted Drivers Grade“C”, Shunters Grade “A” and First Fireman, “A” as proposed in para 2(c) to 2(e) above, an interview and trade test should be held to adjudge their suitability for one of the posts in the organisation. 4. The Board have also decided that it is not necessary and desirable to earmark a proportion of posts in the cadre of Loco Supervisory staff or Power Controllers, for medically unfitted Drivers. It is, however, considered necessary to reiterate that providing alternative employment should be dealt with sympathetically.   3.   Subject:Seniority of medically incapacitated staff in alternative posts.   [No. E (NG) 63SR6-31 dated 26.08.1964]   Reference Board’s letters Nos. ESS SR 6/15/2 (NG) dated 22.10.1956 and E (NG) 65 SR 6-15 dated 14.03.1957. The Board have reviewed the present practice obtaining on different railways in regard to the absorption of medically decategorised staff in alternative categories whether in the same of other Department. They have decided hereafter the under mentioned procedure should be followed: —   (i)   Medically decategorised staff, may as far as possible, be absorbed in such alternative posts which should broadly be in allied categories and where their background and experience in earlier posts could be utilised. For example. Traffic running and Operating staff need not necessarily be absorbed in the Ticket Checking Cadre alone but they could also be absorbed in other Commercial, Station or Yard Categories.   (ii) The medically decategorised staff absorbed in alternative posts, whether in the same or other cadres, should be allowed seniority in grade of absorption with reference to the length of service rendered in the equivalent or corresponding grade, irrespective of the rate of pay fixed m the grade of absorption under the extant rules. In the case of staffs who are in grade higher than the grade of absorption at the lime of medical decategorisation, total service in the equivalent and higher grade is to be taken into account.   This is subject to the provision that if a medically decategorised employee happens to be absorbed in the cadre from which he was originally promoted he will not be placed above his erstwhile seniors in the grade of absorption.   2. The Board have also decided that the above procedure should be given prospective effect and seniority of medically decategorised staff absorbed in alternative categories during the period from 22.10.56 to the dale of issue of this letter in accordance with the procedure outlined in their letters referred to in para l above should not be disturbed.   Copy of Railway Board’s letter No. E (NG)/55 SR 6-15 dated 14.03.1957.   Subject:Determination of seniority of medically unfitted staff absorbed in other departments.   Reference Railway Board’s letter No. E 55 SR 6/15/3 (NG) dated 22.10.1956. The Board have considered the matter further and have decided that for the purpose of determining the seniority of the medically unfitted staff who are absorbed in other alternative posts, whether in the same department or other departments, the term “the same rate of pay in the grade on the date of absorption” used in the above letter should be the basic pay in the relevant grade, exclusive of the element running allowance. However for the purpose of fixation of pay in the case of the running staff, 50{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of pay as representing the running allowance will continue to be allowed, under the extant orders. These orders will have retrospective effect from 22.10.1956. 5.   Subject: Date of increment of medically incapacitated staff in the grade of absorption.   [No. E (NG) 66RE1/54 dated 19.10.1966]   It has been brought to the notice of the Railway Board that the period during which a medically decategorised railway servant is treated as having been granted leave due and/or extraordinary leave till the time of his absorption in the new post is not counted for the purpose of grant of annual increment in the new post. It is clarified in this connection that in accordance with Rule 2022(R-II)(FR26) (b) (ii), all leave other than extra ordinary leave counts for increment in the time scale applicable to a post in which the Railway servant was officiating at the time he proceeded on leave and would have continued to officiate but for his proceeding on leave. For an officiating employee who is medically decategorised in a post, a certificate to the effect that he would have continued to officiate in that post but for his proceeding on leave cannot be given. As such, the period during which a medically decategorised employee is on leave including extraordinary leave cannot be counted for increment in the post from which he proceeded on leave if this happens to be higher than his substantive past. As this certificate cannot also be given in the alternative post in which he is eventually absorbed, this period of leave cannot also be counted for in increment in the alternative post.   2. It is further clarified that as a permanent Railway servant, who is medically decategorised in a post and is granted leave retains his lien in that post till he is absorbed in the alternative post, this period of leave counts for increments in the post from which he proceeds on leave in terms of Rule 2022-R-II (b) (ii). This will help him in calculating the last pay drawn in the post in which he is medically decategorised and will enable him to a higher fixation in the alternative appointment.   6.   Subject: Date of increment in the case of medically incapacitated staff in the grade of absorption. [No. E (NG) II-66/RE1/54 dated 04.03.1968]   Please substitute the following for the existing para 2 of Railway Board’s letter No E (NG)/66/ RE 1/54 dated 19.10.1966.   2. It is further clarified that as a permanent Railway servant who is medically decategorised in a post and is granted leave retains his lien in his substantive post till he is absorbed in an alternative post the period of his leave counts for increments in the post held by him substantively in terms of Rule 2022(b) (i) R-II. This will help him in calculating the last pay drawn in the post in which he is medically decategorised and will enable him to a higher fixation in the alternative appointment.       7.   Subject: Absorption of medically incapacitated staff in al­ternative employment.   [No. E (NG) II-69RE3/5 dated 18.12.1969]   It has come to the notice of the Board’ that on some Railways medically incapacitated staff have been absorbed in posts carrying scales higher than the scales attached to their original posts. The Board desire to clarify that the medically incapacitated staff should not be absorbed in higher scales. In the case of running staff the comparison should be made between the scales of pay only and the element of running allowance should not be taken into account.   Past cases decided otherwise need not be re-opened.     8.   Subject: Fixation of pay of medically decategorised staff who may be undergoing punishment of stoppage of increments at the time of absorption against alternative posts.   [No. E (NG) II 70 RE 3/2 dated 31.12.1970]   Attention is invited to paragraph 2613 of the Indian Railway’s Establishment Manual (IInd Edition) which provides that on absorption of medically decategorised staff in an alternative post the pay should be fixed at a stage corresponding to the pay previously drawn in the post held in a substantive capacity or the officiating pay if he was not likely to revert there- from whichever is higher. If mere is no such stage in the post in which he is absorbed he may be given the stage just below the pay previously drawn by him.   2. It has been brought to the notice of the Board that the above provision causes hardship in the case of Railway servants who may be undergoing the punishment of stoppage of increment without cumulative effect at the time of medical decategorisation as their pay happens to be fixed as a lower rate in the alternative post permanently the Board have considered the matter and have decided that in such cases the pay should be fixed in the alternative post initially with reference to the reduced pay but the Railway servant concerned should be allowed to draw the increment in the alternative post from the date from which be would have drawn his increment in the old post on withdrawal of the punishment.     9.   Subject: Seniority of medically incapacitated staff in alternative posts – Cases of transfers at request.   [No. E (NG) I-68 SR 6/32 dated 20.10.1971]   Reference Board’s letter no. E (NG) 63SR6/31, dated 26.08.1964 and the earlier orders regarding the assignment of Seniority of medically decategorised staff on absorption in alternative categories.   In a few cases which were brought to Board’s notice recently a question was raised as to how the Seniority should be fixed in the receiving Cadre/Unit of promotion, in which he is given alternative employment, of a medically decategorised employee who had earlier been transferred from one unit to another at his request on acceptance to bottom Seniority. The Board have decided that in such cases, the employ should get the Seniority as admissible by the normal application of the relevant rule governing Seniority of medically decategorised staff notwithstanding his earlier transfer at request with loss of Seniority.   10.   Subject: Absorption of medically decategorised staff in alternative posts.   [No. E (NG) II-70RE3-4 dated 03.11.1971]   It has been decided in the Departmental Council meeting under the J.C.M. Scheme that medically unfitted running staff may be given preference for absorption in the following categories of posts, if found otherwise suitable after proper screening: —   (a)        Power Controllers.   (b)        Assistant Loco Foreman.   (c)        Instructors in Zonal Schools.   (d)        Janitors.   (e)        Shedmen.   (f)         Job Recorders.   (g)        Telephone Clerks.   (h)        Clerical staff in Control Offices.   (i)         Hostel Warden and Hospital Supdt.   (j)         Welfare Inspectors.   (k)        Wagon Movement Inspectors.   2. The existing orders contained in Board’s letter no. E (NG) 56RE1/11, dated 06.02.1958 provide that if a permanent Railway servant is absorbed against a temporary post in a permanent cadre, a supernumerary post may be created in lieu of the temporary post and his lien counted against the post. The orders also provide that (i) actual creation of a supernumerary post should follow the acceptance of offer of alternative post and (ii) it is desirable that if the supernumerary post is in lieu of a long-term temporary post, the latter should preferably be one, which is expected to be converted into a permanent post very soon.   It has now been decided that where it is not possible to find a suitable alternative permanent post or even a suitable temporary post (convertible as supernumerary post in accordance with the above orders), within the period of leave, permanent Railway servants may the absorbed against any temporary post for which they are considered suitable within the period of leave, as an interim measure. They may be shifted at the earliest opportunity against suitable permanent posts or suitable temporary posts (convertible info supernumerary posts in accordance with the Board’s orders referred to above). The period of service rendered against the temporary posts against which they are absorbed as an interim measure, will however, not count for the purpose of seniority. This period will also not count for the purpose of fixation of pay i.e. the Pay on permanent absorption would be fixed with reference to the pay which they drew immediately before medical decategorisation.   11.   Subject: Absorption of medically decategorised staff in alternative posts.   [No. E (NG) I1-75RE3/1 dated 15.01.1975]   Reference para l of Board’s letter no. E (NG) 11-70 RE 3-4 dated 03.11.1971 on the subject cited above, the Board have decided that medi­cally unfitted staff may be given preference for absorption in the category of trains clerks as well, after giving them such training as is necessary.   12.   Subject: Absorption of medically decategorised staff.      [No. PC III (73) Med/2 dated 24.01.1975]   The third pay commission have dealt with the question of medical decategorisation in Chapter 36, Vol. II (Part-II) of its Report and have made the following recommendations:   (a)    The occupations or grades in which these medically decate­gorised personnel can be absorbed should be further widened, and not restricted to a few cadres such as clerks and ticket collectors. We would advocate re-orientation courses or further training to facilitate such redeployment.   (b)   The small minority for whom alternative employment cannot be offered, should be given invalid pension and if necessary liberal provision for ex-gratia terminal payments in addition should be made according to the merits of each case, and   (c)    The medically decategorised employees should, as far as feasible not be forced to remain on extraordinary leave due to administrative delays.   2. Attention in this connection is invited to the instructions already issued vide. Boards letter No. E (NG) 11-70 RE 3-4 dated 03.11.1971 and No. 69/H 3/11 dated 06.12.1974. While in the former letter certain categories have been listed where medically unfitted staff could be given preference for absorption if found otherwise suitable after proper screening, in the latter communication the existing standards for medical examinations including visual acuity for candidates and employees in the non-gazetted service have been revised with the relaxation in medical standards, substantially fewer staff would get de­categorised in future under the revised standards. Further, a much large number of posts considered suitable from the point of view of previous emoluments would be available for the substantially smaller number of medically decategorised staff will the implementation of these instructions, therefore, the number of decategorised staff for whom suitable alternative posts cannot be found in expected to be considerably reduced.   3. The Board have in partial modification of the extant rules, further decided that in the event of a pensionable medically unfitted/ decategorised employee refusing to accept an alternative post offered to him, irrespective of whether such alternative post is considered suitable or not, or in the event of an alternative post nor being available, the employee may be allowed to retire on invalid pension subject to the other conditions/requirements of the rules being fulfilled. The Railway Board have also decided that in such cases.   (i)      The service qualifying for retirement benefits should be enhanced by the addition of 5 years in all cases where the continuous qualifying service tendered is not less than fifteen years.   (ii)    The resultant length of qualifying service after taking the aforesaid addition into account will in no case be more than the qualifying service the employee would have rendered had he retired on the due date of superannuation, and     (iii)      The retirement benefits in such cases will be calculated in accordance with existing rules after taking into account the additional years of qualifying service mentioned above.   4. The decision contained in para 3 above has the sanction of the President and will take effect from 1st January 1975.   5. Board desire that authorisation to examine different categories by the individual A.M.Os. is t be done by stages, e.g., to begin with the AMO would be allowed to examine only categories Bl, B2, C l & C2 and when his work is found to be consistently good, he may be authorised to examine employees in categories Al, A2 and A3 also. All Medical officers should be given training in the technique of medical examination for atleast one week before they are entrusted with medical examination. Before such authorisation individual certificates with regard to competence and integrity would continue to be given as now.   Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974     Subject: Implementation of the Recommendations of the Visual Sub-Committee.   The existing standards for medical examinations including visual acuity for candidates and employees in the non-gazetted services of the Railway have been in vogue for more than a decade. The Railway Board considered that these standards need to be reviewed and revised keeping in view the changes in train operations introduced during the period and also the advances in the medical and ophthalmological fields.   2. A committee was accordingly appointed by the Railway Board in June, 1969 to review the standards of medical examination including visual acuity for candidates and employees in the non-gazetted services at the time of appointment and during service respectively. The Committee consisted of the following: —   Dr. P.A. Menon, the then Chief Medical Officer, S.C. Railway.   Dr. G.H. Vaze, the then Chief Medical Officer, C. Railway.   Dr. S. S. Verma, the then Chief Medical Officer, Northern Railway.   3. The recommendations of the Committee, as now adopted in consultation with the concerned departments, as also the Commissioner of Railway Safety and finally accepted by the Railway Board, are embodied in this booklet.   4. The provisions contained in this booklet will be in super-session of Section B of Chapter V of the Indian Railway Medical Manual and will take effect from 01.01.1995.   5. Board desire that authorisation to examine different categories by the individual A.M.Os. is to be done by stages, e.g., to begin with the AMO would be allowed to examine only categories Bl, B2, Cl and C2 and when his work is found to be consistently good, he may be authorised to examine employees in categories Al, A2 and A3 also. All Medical officers should be given training in the technique of medical examination for atleast one week be fore they are entrusted with medical examination. Before such authorisation individual certificates with regard to competence and integrity would continue to be given as now.   Revision of Standards for Medical Examination   Medical Examination of Candidates for appointment to Non-gazetted Railway Service and of Serving Non-gazetted Railway Employees.   l. Introduction: —   1.1.1  Medical examination of candidates for appointment to non-gazetted Railway Service and periodical medical re-examination of serving Railway employees includes: —   1.1.1    general physical examination, and   1.1.2    vision tests,   1.2       The details of these examinations are given below: —   Note: (l) The General Managers may relax the provisions in the case of candidates for temporary appointment to posts in the non-gazetted service including Class IV and labourers grades, other than posts falling under Group A, as given in para 2.1 below.   (2) If a candidate for a technical category fails in the medical examination prescribed for that category, he may be considered for an alternative technical category if he is found medically tit for that category provided he possesses the requisite qualifications and there is a shortage in that category.   2. Classification of Staff:   2.1 For the purpose of visual acuity examination of candidates and of visual acuity re-examination of serving Railway employees, the non-gazetted Railway services are divided into the following broad groups and classes: —   Groups Classes A. Vision tests required in the interest of public safety.            A-1 Footplate staff, Rail-car Drivers and Navigating staff (For High Speed training running at speed more than 100 KMPH. Please see Para 13.   A-2 Other Running Staff, other shunting staff, point-lockers, Station Masters and other staff in operative control of signals.   A-3. Loco, Signals and Transportation Inspectors, Staff authorised to work trolleys, yard supervisory staff, Road Motor Drivers and Gatekeepers on level crossings. B.         Vision tests required in the interests of the employees himself, his fellow-workers or both B-1. Such station and yard non- supervisory, shed and other staff as are engaged on duties where falling eye-sight may endanger themselves        or other employees from moving vehicles, Permanent Way Mistries Gang Mates, Keymen, Assistant Medical Officers and staff of the Railway Protection Force.   Groups Classes   B-2. Certain staff in workshops and engine rooms engaged on duties where falling eyesight may endan­ger themselves or other employ­ees, from moving parts of machinery and Crane Drivers on open line. C. Vision tests required in the interests of the administration only. C-1.     Other workshops and engine room staff Ship stokers, and other staff in whom a higher standard vision than is required in clerical and kindred occupations is necessary for reasons of efficiency and others not coming under Group A or B.   C-2.     Staff in clerical occupations not included in Groups A, B and C1                                                               2.2 As a result of the review undertaken, some relaxations have been agreed to in respect of categories of Railway posts under each of the groups/classes mentioned above as given in Annexure l.   2.3 For the purpose also of general physical examination of candidates and general physical re-examination of serving Railway employees, the above classification holds good.   2.4 As the footplate staff of high speed trains (running at more than 100 KMPH) have to pay sustained attention for long periods at a stretch at high speeds. It is necessary to have separate standard for these staff. These are enumerated in Para 13 below:   3. General physical examination:   3.1 A candidate as well as a serving Railway employee must be in good mental and bodily health and free from any defect likely to interfere with the efficient performance of the duties on his appointment.   3.2 Examiners will use their own discretion as to the scope of the general physical examination in each case and will judge cases on their merits, taking into consideration the prospective duties of the examinees as also the age of the examinee and need for continued fitness for remaining years of service.   3.3 Measurements of height, weight and chest girth will be recorded if specifically required. The skin, the connective tissues, and the circulatory respiratory, digestive, nervous, genito-urinary skeletal and muscular systems will be subjected to such examination as is deemed necessary. The principal points attended to are connected with ascertaining—   (a) The condition of the heart and lungs;   (b) The condition of the teeth and gums (well-filled teeth will be considered as sound);   (c) Whether there is any evidence of abdominal disease; (d) Whether there is any hernia or tendency to hernia;   (e) Whether there is any degree of hydrocele, varicose veins or piles;   (f) Whether there is free movement of the joints;   (g) Whether there is any inveterate skin disease;   (h) Whether the hearing in each ear is good and whether there is any disease of the ear,   (i) Whether there are any speeches defects;   (j) Whether there is any contagious disease of the eyes, or any condition likely to lead to impairment of vision;   (k) Whether there is any acute or chronic disease pointing to an impaired constitution;   (l) Whether there is any communicable disease; and (m) whether there are marks of efficient vaccination.   Note:   No candidate whose chest measurement is less than 81.3 cms (32″) unexpanded and 86.4 cms (34″) expanded and whose height is less than 167.6 cms. (5”6″) (Except a hill-man and other exempted class in whose case it should not be less than 160 cm (5′.3″)—shall be enlisted for recruitment in the Railway Protection Force. Recruits for appointments as Sainiks, who are between 18 and 20 years and who show signs of growing and filling out may, however, be enlisted if they are 165.1 cms. (5′.5″) in height and 76.2 cms. (30″) unexpanded and 81.3 cms. (32″) expanded in chest meas­urement provided mat the Medical Officer concerned certifies mat the recruit is under 20 years of age and that he is likely to attain standard measurement.   3.4 In the examination of hearing of the candidate/serving employee, the speaking voice test will be employed. The examiner will speak in any ordinary conversational voice, the examinee will be at a distance shown in the notes below and with his back to the examiner, the ears will be separately tested by the occlusion of the other ear or the use of Barony’s whistle if this is available.   Note: (l) On appointment the testing distance should be 6 meters (20) for each ear and on re-examination 3 meters (10) for all categories of staff.   (2) The use of hearing aid should not be permitted for candidates and Railway employees in categories “A” and “B”.   (3) A deaf or deaf-mute person who is otherwise fit and qualified to hold a class III or class IV post may be considered for appointment to a post where this can be done without much detriment to efficiency and the deafness or deaf muteness is not likely to hamper the enhancework or the enhance the occupational risks to theworker himself or to others. Such a person may not be appointed in places where there is a danger to the safety of such persons, e.g., in sheds and workshops or in station yards, along Railway tracks and on bridges, etc. 3.5 Stammering is not to be considered a serious defect disqualifying a candidate for/a serving Railway employee in clerical duties especially such of them as do not have to come in direct contact with the public.   3.6 However, in cases (where slight speech defects have been detected during the course of periodical medical examination of a Railway employee who has put in a number of years’ service, the Chief Medical Officer may consider relaxation in all types of cases, in consultation with the department concerned.   3.7 The cases of physically handicapped persons, when sponsored by either the Special Employment Exchanges of ever the ordinary Employment Exchanges, should be viewed sympathetically. They should be immediately examined medically by the Chief Medical Officer or the Medical Superintendent or the Divisional Medical Officer to find out their suitability for appointment against any non-gazetted posts according to their qualifications etc. When found suitable, such candidates may be directly appointed without the agency of the Railway Service Commissions. The cases of disabled Defence Services Personnel may also be considered sympathetically.   3.8 A candidate, who is lame due to shortening of one of the legs, but has got free movement of all the joints, may be appointed for posts having duties of a sedentary nature.   3.9 Such of the serving Railway employees as lose one of their hands white in service may not be put against train working duties, – particularly those involving operations of any equipment.   3.10 Urine will be examined if the examinee is over 30 years of age. If there is any reason to suspect renal disease or diabetes in any examinee less than 30 years of age, his urine will be examined. The examination of urine of candidates and employees in inferior grades will not be undertaken unless required for special reasons.   3.11 Candidates exhibiting the under noted conditions will be rejected irrespective of the employment sought: —   (a) Contagious and infectious disorders, provided that the condition of the candidate having ceased to be contagious or infectious, the equal arising from such disorders shall not be regarded as disqualifying unless they are in themselves likely to interfere immediately or remotely with the efficient performance of the duties of the appointment. The following conditions fall inter alia under the above category: —   (i)    Pulmonary tuberculosis.   (ii)    Veneral infections.   (iii)   Trachoma and other infectious ocular diseases.   (iv)   Leprosy.     (b) Conditions commonly predisposing invalidity or seriously enhancing the candidate’s liability to occupational risks, e.g.—   (i)   Hernia and well marked hydrocele, varicose veins or piles provided that such conditions having been satisfactorily treated by operation, the evidence of their previous existence shall not disqualify;   (ii)  Undecended testis, intra-abdominal in position, unassociated with an ingumal hernia, should not be a cause for rejection. Entopic testis, located in the inguinal canal, abdominal wall or thigh being more liable to trauma/ torsion, should be passed fit only after the examinee has undergone surgical treatment.   (iii) Flat foot, or knock-knees, except in sedentary occupations;   (iv) Epilepsy;   (v) Asthma;   (vi) Gonorrhea   (c) Conditions rendering the association of the candidate with other objectionable, e.g.—   (i) Repulsive inveterate skin diseases.   (ii) Ozoena   (iii)       Foetor associated or otherwise with pyorrhea alveolalies.   (d) Constitutional disorders commonly deemed progressive and chronic disorders liable recurrent execration of a disabling kind.   (e) Inadequate protection against smallpox.   3.12. In the case of serving employees, if there is reason to believe that any such defect can be remedied early by treatment or operation the Railway employee should be advised to undergo the necessary treatment or operation, prior to final decision.   4. Vision tests:   4.1 Acuity of vision.   The following are the tables to standard visual acuity requirements: —   4.1.1.   Standards at examination on appointment: —   Class Distant Vision Near Vision A-1 6/6, 6/6 without glasses with fogging test (must not accept + 2D). Sn, 0.6, without glasses. A-2 6/9, 6/9 without glasses no (fogging test). – Do – A-3 6/9 with or without glasses Power of lens does not exceed ± 2 D Sn. 0.6, 0.6, with or without glasses. B-1 6/9, 6/12 with or without glasses. Power of lens not to exceed ± 4 D Sn. 0.6, 0.6 with or without glasses where reading or close work is required. B-2 – Do – – Do – C-1 6/12, 6/18, with or without glasses. Power of glass not be exceed ± 4 D         – Do – C-2 6/12, nil with or without glasses Power of lens not to exceed ± 4 D Sn. 0.6 combined with or without glasses where reading or close work is required.                           4.1.2.   Standards at re-examination during service: —   Class Distant Vision Near Vision A-1 (For footplate staff on high speed train100 Kmph and above). 6/6, 6/9; with or without glasses provided naked eye vision is not less than 6/18, 6/14 (No relaxation of residual Vision). (Note for other standard — See Para—13) Sn. 0.6, 0.6; with or without glasses. Below 40 Years A-1 6/9, 6/9 or 6/6, 6/12 with or without glasses. Naked eye Vision not less than6/12, 6/24. Power of lens not to exceed  ± 4 D. Sn. 0.6, 0.6; with or without glasses. 40 YEARS AND ABOVE OR SERVICE OF 10 YEARS OR ABOVE AS DRIVER   6/9, 6/12; with or without glasses. Naked eye Vision not less than 6/12, 6/24. Power of lens not to exceed ± 4D. Sn. 0.6, 0.6; with or without glasses. Below 40 Years A-2      6/9, 6/12; or 6/6, 6/18 with or without glasses. Naked eye Vision not less than 6/18, 6/24. Power of lens not exceeds ± D. Sn. 0.6, 0.6 with or without glasses. Below 40 Years   6/12, 6/12 or 6/9, 6/18 with or without glasses. Naked eye Vision not less than 6/18, 6/24. Power of lens not to exceed ± 8D. Sn. 0.6, 0.6; with or without glasses.                                             40 YEARS AND ABOVE   6/12, 6/12 or 6/9, 6/18 with or with out glasses. Naked eye Vision not less than 6/18, 6/24.Power of lens not to exceed ± 6 D. Sn. 0.6, 0.6; with or without glasses. A-3 6/12, 6/18; with or without glasses. Power of lens not to exceed ± 8 D. Sn. 0.6, 0.6 with or without glasses. B-1      6/12, 6/24; with or without glasses. Power of lens not to exceed ± 8D. Sn. 0.6, 0.6 with or without glasses where reading or close work is required. B-2      – do – – do – C-1      6/18, nil with or without Glasses or combined 6/18 without or with out glasses. Sn. 0,6 with or without glasses where reading or close work is required. C-2      6/12, nil or 6/24 combined with or without glasses.   —do—                                                 Note: (l) There is no bar to the admission into non-gazetted clerical service of a candidate who is blind in one eye. The guiding consideration in such cases should be whether the candidate’s vision is adequate for the performance of the duties attached to the service or post to which he is proposed to be appointed, and whether undue risk attaches in his being accepted. The Medical Officer while examining such cases should take into account the cause of blindness in relation to its possible effect on the sound eye in course of time.   (2) Near vision according to the standards laid down above should be tested on appointment and on subsequent examinations of all candidates and employees who are required to read, write or do dose work.   (3) Candidates and employees operated on for cataract irrespective of the acuity of vision with glasses will not be permitted to be employed in categories other than C-1 & C-2.   (4) The difference between the power of lenses in the two eyes should not exceed 4 D.   (5) An employee suffering from squint cannot be passed for any post in category A l, A 2, or A 3.   (6) An employee suffering from squint can be passed in categories B l & B 2 at the discretion of Chief Medical Officer any time during service on re-examination irrespective of the date of appointment.   (7) Contact lenses shall not be permitted except in categories C l and C2.   (8) Use of tinted glasses of shades Crooks A and A 2 only may be permitted for categories A l and A 2.     (9) In the case of employees of the ex-Company Railway falling under medical category “A” relaxation may be made in the residual vision and power of lens to the extent the employees were eligible for it under the ex-Company rules. These powers may be exercised by the Divisional Medical Officers.   4.2 Colour perception —All candidates and Railway employees in Classes A l, A 2, A 3 and B l on being medically examined shall be tested for colour perception with the prescribed apparatus and recommended methods of examination. Failure to pass the tests laid down for the class in which it is proposed to employ the candidate or Railway servant shall be the cause for rejection.   4.2.1.1.1.      Standards for the Colour Perception:   Class Lantern Aperture Ishihara Lantern Aperture Ishihara A l Small 1.3 mm Yes Same as for candidates. A 2 Small 1.3 mm Yes Same as for candidates. A 3 Small 1.3 mm Yes Same as for candidates. B 1 Large 1.3 mm No Same as for candidates.   Note:   (l) The highest standard of physiological competence to discriminate the colours of signals under all conditions is required in candidates and Railway servants in categories A l, A 2 and A 3. Distinctive importance is attached to rapidity of recognition and to the absence of abnormal simultaneous contract effects.   (2) It may some time happen that an employee belonging to an unattractive category like Train Clerk may deliberately fail in the colour perception test during  medical re-examination in expectation of being absorbed in a more attractive alternative employment like Goods Clerk/Booking Clerk etc. It must be remembered that an individual having a normal colour perception retains such normally throughout his life unless he develops some pathological conditions of the optic nerve. In case therefore, a person is found to be colour blind subsequently without having developed one of these pathological conditions, and were there are also no doubt as to the findings of earlier examination, the person concerned should be declared a malingerer. Where such malingering is suspected, the Administration should ensure mat the person concerned does not get any attractive alternative employment but only an unattractive post like Office Clerk. Obviously the decision in such cases has to be taken very judiciously. If malingering is established, he is psychologically not fit to remain in service and may be declared unfit for all cases.   4.3.  Night Vision — Candidates of Gasses A-1, A-2, A-3 and B-1 will be examined with regard to their vision in diminished light and if found to suffer from night blindness, will be rejected. Railway employees in Classes A-1, A-2, A-3 and B-1 will be similarly examined and if, in the opinion of the examiner, any defect of vision found in dim light appears to be a permanent order likely to interfere with the efficient discharge of the Railway employee’s duties, he will be disqualified for retention in the particular job.   4.4   Field of Vision — Candidates and Railway Employees in class A-1 will be examined to ascertain that the fields of vision are not seriously restricted. The existence of any material abnormality in this respect will disqualify the candidate for admission to the service and will in the case of the Railway employee, either disqualify or not , according as, in the opinion of the examiner, it is associated or not, with disease liable to render the Railway employee unfit to continue to discharge his duties efficiently.     4.5 Binocular Vision — Candidates and Railway employees in Gasses A – l A-2, A-3, B-1 and B-2 will be tested for the presence of binocular vision, i.e. peripheral fusion depth perception and stroboscopic vision. The absence of binocular vision will disqualify a candidate for admission to service, in these classes, and the case of a Railway employee, his retention in the service in classes other than C-1 and C-2.   Note:   l. In case all the tests, carried out correctly indicate the presence of binocular vision, the mere existence of a very minor degree of squint should not disqualify an examinee.   2. For serving Railway Employees in medical categories B-1 and B-2, who was in service on 7th June 56 relaxation may be granted at the discretion of the Chief Medical Officer personally.   5.         Time when candidates are to be sent for medical examination:   5.1 The medical examination of the candidates selected for appointment against posts for which initial training has been prescribed should be conducted immediately to their being deputed for training.   5.2. In the case of candidates to be appointed against post, for which no initial training is necessary, the medical examination should be conducted at the time of their appointment.   6. Periodical re-examination of serving Railway Employees:   6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:   6.1.1.   Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.   Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.   (a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.   (b) Absence from duty for a period in excess of 90 days.   (2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.     If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.   6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.   Note:   The Railway employees in Railway Protection Force will be re-examined for physical fitness at the termination of every period of three years, calculated from the date of appointment until the conclusion of their service. However, Inspectors, Sub-Inspectors and Assistant Sub-Inspectors of Railway Protection Force are to be re-examined for physical fitness and visual acuity on attaining the age of 45 years, and thereafter at the termination of every period of five years.   6.1.3.   Classes C-1; and C-2—Will not be required to undergo any re-examination during the course of their service, unless specially directed.   6.2. The employing branch or department will m every case be responsible for the punctual appearance of the Railway employees particularly the operating staff and other staff connected with train passing duties, before the appropriate authorised medical examiner. For this purpose, the staff should be relieved on or before the due date for medical examination. This does not, however, mean that staff should be relieved and kept idling for an indefinite period but it should be ensured, in co-ordination with the medical department, that staff are medically examined invariably on or near about the due dates.   6.3. A Railway employee in service may be required to under go test for vision and a general physical examination in the event of his failure to comply with signals.   7. Authority from responsible department superior required prior to examination. Examiners will grant certificates under these regulations only to such candidates or Railway employees as hold authority from -their departmental superior to present them selves for examination. The forms to be used are given in Annexure VI and VII Chapter V or I.R.M.M. (pages 135 and 136).   Note:   (l) In the case of candidates for recruitment to the Railway Protection Force, a register of selected candidates shall be kept in every Region or Division in a prescribed form. Whenever a candidate is sent for examination to the medical officer, the register together with the medical certificate form will be sent with him, all the columns having been filled up except those on which the medical officer’s opinion is required to be entered. If the candidate is declared to be unfit the entries should be struck off with red ink and signed by a gazetted Railway employee.   (2) Authority to present himself for medical examination should not be granted to any candidate who has at any time been pronounced unfit for Government employment by a duly constituted medical authority. Candidates should be warned to disclose any previous rejection from Government em­ployment on medical grounds.   Identification of examinees:  In order to ensure the identity of the Examinee, the recruiting or employing branch or department will on every occasion, provide that the examinee be accompanied by a responsible member of the branch or department, to whom he is known to act as guarantor. A list of the examinee’s permanent physical marks of identification should also be given in the forms as given in Annexures VI and VII referred to in Para 7 above. The examinee’s signature (if literate) or thumb impression (if illiterate) is also to be obtained on the forms as given in Annexure VIII and IX of Chapter V of I.R.M.M. (Pages 137 to 139) and this will be verified afterwards by the B ranch or department concerned.   9. Use of spectacles by Group “A” employee:   9.1 When a Railway employee coming in Group “A” i.e. Classes A-1 A-2, and A-3 is permitted to use spectacles for the purpose of pass in the required eye sight examination he must provide himself with two pairs of spectacles from a reputable firm of opinions, and must give a written undertaking that he will carry both pairs while on duty, and should he break or lose one pair, must at once report the occurrence to the Running Shed Foreman who will arrange for him to be sent to the Divisional Medical Officer, who will re-test him with the remaining pair of glasses, and issue such instruction as will ensure that the employee will possess two pairs of suitable spectacles. A foot-plate staff who to use glasses both for near and distant vision and prefer to use bifocal glasses, may be allowed to keep only two pairs of bifocal glasses, one of which should be in use and the other kept as a stand by. Intention is that the employee must have two pairs of glasses of the kind that he uses.   10. Re-examination before promotion to a higher class:   10.1 A Railway employee must not be engaged to work, whether temporarily or permanently, in a class higher than that for which he has been certified fit, until he has obtained a certificate of competence in respect of the new employ.   11.1. The staff belonging to any medical category, when brought on to the categories of A-1, A-2, and A-3 on revision, should be examined immediately on revision.   11.2. The staff belonging to any medical category when brought on to the categories of B-1, or B-2 on revision, should subject to the provisions of Sub-para 11.4 below, be examined at the time of the next scheduled examination prescribed for these categories.   11.3. The staff belonging to any medical category, when brought on to the categories C-1, or C-2 on revision, may not be required to undergo any medical re-examination.   11.4.Where, on revision, the medical category is raised upgrade, there should be an immediate examination on revision and in either cases where the revision is downward, the medical examination should be at the time of the next scheduled examination.     11.5. The provisions of this para need not apply to the staffs who have already been given relaxation by the Railway Board as personal concession to them.   12. Medical Examination of employees on promotion to higher class:   12.1 Employees with six years or more of continuous service on the Railways sent for medical examination on promotion to a higher class should be examined according to the standards of examination during service of the higher class. Employees with less than six years of service should be examined according to the standards of examination applied on appointment to the higher class.   13. The Standards for Footplate staff of high-speed trains (running at over 400 Kmph) are enumerated below.   13.1 Medical Examiner – Divisional Medical Officer and complete ophthalmological examination.   13.2 Periodicity – Once in two years upto 40 years of age; Once in a year after 40 years.   13.3 Physical Examination –   13.3.1  Height – not less than 160 Cms.   13.3.2  Weight – not more than 15{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of normal.   Formula Optimum weight in relation to height and build   A man of medium build, 5-ft height, should weigh 120 lbs.   Add 4 lbs. for every additional inch above 5 ft. If the bone structure is large, add 5{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} to the above.   A man of 150 cms average build should weight 55 Kg.   Add 700 gms. For every of height above 150 Cms. If the bone structure is large, and 5{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} to the above.   13.3.3  Blood Pressure — systolic not above 160 mm mercury and diastolic not more than 100 mm mer­cury (without medication).   13.3.4  E.C.G should be normal.   13.3.5  Chest X-Ray should be normal.   13.3.6.Blood sugar should be normal (exclude diabetes).   13.3.7  Vision — (a) Distant vision — 6/6, 6/9 without glasses or with glasses provided naked eye vision is not less than 6/18.6/24 (no relaxation of residual vision). (b) Near vision — Standard as for A-1   (c) Field of vision normal by confrontation method. Colour vision as for A-1 but special emphasis on the rapidity of recognition, exposure not more than 3 seconds.   Funds to be examined at every examination. 13.3.8.Audiometrery should give mean value of low tone.   C2 x 2 C3 + C4 20Db    4   Mean value of High tone C4 + l0540 Db exclude diseases of the middle & internal ear.   13.3.9.Vestibular function test (i) Spontaneous nystagmus        —        There should be no nystagmus.   (ii) Romberg’s test — Those who fail in 20 second, are disqualified.   (iii) Others — Sign of meniers syndrome or enamnesis should disqualify.   (iv) Waterman Homes Test, which is as under: —   Candidate is asked to rotate his head 20 (twenty) times from right to left suddenly and asked to walk in a straight line with open eyes.   (a) If he can do it — No abnormality in the canals, or vertebral artery; and   (b) If not, men he is to be further investigated for cervical vertebra and artery and semi-circular canals.   13.3.10. Psycho-nervous.   Test should also be conducted to ensure normal reaction time and normal values for sustained attention test (these values will be taken from the studies done by the Railway Board’s Psychotechnical cell).   14. Record of examinations and form of certificates:   14.1 The result of each examination will be recorded and certificates issued in the forms given in Annexure VIII and referred to Para — 8.   (In order to prevent any possible misuse the medical officer concerned should see that the medical category of the candidate.)   Employee is entered in the certificates in words, viz., Aye-one, Aye-two, Aye-three; Bee-one, Bee two, Cey-one and Cey two for A-1, A-2, A-3, B-1, B-2, C-1 and C-2, respectively.)   15. Provision for reconsideration of adverse reports:   The following provisions shall apply in regard to the reconsid­eration of adverse reports of physical examination.   15.1 Candidates:   15.1.1  Ordinarily, the re is no right to appeal from the findings of an examination medical authority, but if Government are satisfied on the evidence produced before them by the candidate concerned of the possibility of an error of judgment in the decision of the examining medical authority, it will be open to them to allow re-examination. Such evidence should be submitted with in one month of the date of the communication in which the decision of the first medical authority is communicated to the candidate; otherwise, ordinarily no request for an appeal for a second medical examination will be considered.             15.1.2  If any medical certificate is produced by a candidate as a piece of evidence about the possibility of an error of judgment in the decision of the first medical authority, the certificate will not be taken into consideration unless it contains a note by the Medical practitioner concerned to the effect that it has been given in full knowledge of the fact that the candidate has already been rejected and unfit for service by the medical authority appointed by the Government in this behalf.   15.2     Railway employees:   15.2.1  The Railway employee may himself, on receiving notice of his failure to pass the examination, lodge an appeal within seven days from the date of adverse report, the reconsideration by the Chief Medical Officer. The appeal will be directed through the divisional or district officer of the employing branch or department concerned and the Divisional Medical Officer who will respectively, attach thereto (i) a statement of any special circumstances that appear worthy of consideration and (2) report of examination.   15.2.2  A principal, divisional or district officer of the branch or department concerned may submit a requisition for reconsideration by the Chief Medical Officer of the case of a Railway employee concerning whom an adverse certificate has been issued by an examiner authorized to do so. The requisition will include a statement of any special circumstances that appear worthy of consideration, and will be sent through the Divisional Medical Officer who, in forwarding it to the Chief Medical Officer, will attach a report of the examination.   15.2.3  On receipt of an appeal under para 15.2.1 above, or a requisition under para 15.2.2 above the Chief Medical Officer will, after perusal of the papers, either issue summary orders thereon or arrange at his discretion for such further special examination of the Railway employee as the circumstances of the case may require. The finding of the Civil Medical Officer will be final.   15.2.4  A Railway employee, who, having been examined by a competent medical authority, has been certified by the authority to be unfit to continue to discharge the duties formerly assigned to him, shall not be permitted to discharge such duties or the duties of any other class, admpetence for which has not been certified by the examiner; and the adverse certificate shall hold irrespective of the lodgment of an appeal under para 15.2.1 above, or the submission of a requisition under para 15.2.2 above, until such time as under the instructions of the Chief Medical Officer the adverse certificate has been formally withdrawn or replaced.   16. Relaxation of standards: The existing powers of relaxation of standards are revised as indicated hereunder: —   16.1 Relaxation at re-examination.   16.1.1  The standards at re-examination would apply only for employees with not less than 6 years service. This could be permanent or temporary including continuous service as casual labour if in the same medical category.   16.1.2  There shall be no relaxation of residual vision for staff who has not attained the age of 35 years.   16.1.3  For categories A-1 and A-2, there shall be no relaxation of residual vision below 6/60 in each eye.   16.1.4  In all cases of relaxation of residual vision a thorough ophthalmological examination should be done before relaxation is given.   16.1.5  The relaxation allowed at present as per Board’s letter No. E55 ME5/133/Medical dated 7/6/56 for employees with squint who are in service in category B should continue. However, all future entrants in category B should have binocular vision. C.M.O. in empowered to relax at his discretion and permit any employee to continue to work in category B even if he has no binocular vision.   16.1.6  Hearing Aid may be permitted at the discretion of the Chief Medical Officer in categories B-1 and B-2. Relaxation of standards of hearing in certain categories like Boiler-Maker etc. may be given by the Chief Medical Officer.   16.1.7  In the case of Medical Officer with 10 years of service or more, who are operated for cataract in one or both eyes, and where corrected vision comes upto 6/18 and are able to read Ishihara Plates and Lantern correctly, they may be allowed to work in their category. Such Medical Officers should be provided with a parameter if they are entrusted with medical examination.   16.1.8  Medical Officers in service with defective colour perception may be permitted to continue in service subject to the condition mat they shall not be permitted to conduct medical examination.   16.1.9  Employees who have had the benefit of relaxation of residual vision shall be examined at least once a year thereafter, unless examination at shorter intervals is considered necessary by the Medical Officer.   16.2     Relaxation on promotion.   16.2.1  In the case of an employee coming up for promotion to category A-1 wearing of glasses except for correction of astigmatism upto 0.5-D. Cy l. will not be permitted upto the age of 35 years.   16.2.2  There shall be no relaxation of residual vision in case of staff coming up for medical examination on promotion to Class A-and A-2.   16.3 Relaxation on decategorisation.   16.3.1  A decategorised Driver, if he possesses vision of category A-2 on re-examination will be allowed to work as Shunter although the standards laid down for A-1 will apply for new entrants or on promotion.   16.3.2  Employees with not less than 10 years service who lose the vision in one eye may be permitted to be permitted to be employed in categories B-1 and B-2 by the Chief Medical Officer if the remaining eye is not aphakic and vision in that eye, corrected or uncorrected, is at least 6/12.   16.3.3  In-service Tele-communication Inspectors, Assistant Tele-communication Inspectors and Mechanics not coming upto the standard A-3 and B-1 may, with restriction of duties be put to work on non electrified sections where they do not have to use trolleys or in sedentary jobs. The Chief Medical Officers should decide such cases in consultation with the Department.   16.4 Relaxation for physically handicapped men.   16.4.1  Candidates—As and when handicapped persons are recommended by the Employment Exchanges for employment against Class III and Class IV posts, they should be examined by a D.M.O. and decision taken in consultation with the department concerned.   16.4.2  Employees—The cases should be decided by Divisional Medical Officers in consultation with departmental officer taking into account the nature of the disability and duties of the post. Certain posts should be earmarked for being filled up only by disabled persons e.g. Liftmen, Daftry, Office Clerks, caretakers etc.   17. Treatment of the period of absence of Railway employees sent for periodical medical re-examination.   17.1 The period for which an employee is absent from duty for periodical medical re-examination may be treated as mentioned below: —   17.1.1  Time spent in journey to and from the actual medical examination may be treated as duty.   17.1.2  Time taken by the divisional Medical Officer to come to a decision in the matter, may be treated as duty. In case where a Divisional Medical Officer or other Medical officer is not quite sure of the decision to be taken, he makes a reference to the Chief Medical Officer and the first decision in this case is given after reference to the Chief Medical Officer. In such cases, the period upto the announcement of the decision may be treated as duty.   17.1.3  Time taken by an employee to equip himself with spectacles, trusses etc., or with any other equipment without which he is not considered fit for duty should be debited to the leave account of the employee concerned. This period will be from the time the Divisional Medical Officer/Chief Medical Officer recommends that artificial aids are necessary till the time the employee obtains such aids and is certified lit for duty by the competent authority. In respect of spectacles, the time upto 3 days spent by an employee to equip himself with spectacles for the first time or to change his existing spectacles should be treated as on duty.   17.1.4  In the event of his being declared unfit an employee may appeal to the Chief Medical Officer against the Divisional Medical Officer’s decision within a period of 7 days from the date of adverse k report by the Divisional Medical Officer. If the Chief Medical Officer on appeal confirms the decision of the Divisional Medical Officer, the period of waiting from the moment of being declared unfit till the verdict of the Chief Medical Officer would be debited |P to the employee’s leave account. If on the other hand, the Chief Medical Officer over rules the decision of the Divisional Medical Officer such period of waiting should be treated as on duly, provided the employee concerned had preferred an appeal with a week from the time the result of the original medical examination is communicated to him. It is also necessary that the appellate authority should decide the appeal within three weeks from the time the appeal is preferred.   17.1.5  In cases where the immediate supervisor or an officer is not available to allow an employee with a fit certificate to join his duty or return from periodical medical examination, the time taken by such administrative delay may be treated as duty.   18.       The Temporary unfitness of individuals appointed straightway:   18.1 In cases where, due to exceptional nature of urgency, an in­dividual is appointed straightway and in the medical examination, which is carried out subsequent to his appointment, the competent medical authority declares him as physically “temporarily unfit” for appointment to the specified post, there is no objection to his being retained in service for the period specified by the competent medical authority provided that.   18.1.1  The period, after which a second medical examination is to be conducted, is specified by the competent medical authority;   18.1.2  The condition leading to temporary unfitness is declared as being curable within a reasonable period;   18.1.3  The disease is not of such a nature as to be a source of risk to others with whom the Railway employee may have come in contact in the course of his duties; and   18.1.4.The approval of the Railway Board shall be obtained in cases where the period of such retention is likely to exceed six months.   19. Women candidates who are pregnant:   19.1.    A female candidate who, as a result of tests, is found to be pregnant of twelve weeks standing or over, should be declared temporarily unfit until the confinement- is over. She should be re-examined for a fitness certificates six weeks after the date of confinement, subject to the production of a medical certificate of fitness from a registered medical practitioner.   20. Footplate staff who had suffered from head injuries:   20.1 Candidates and serving Railway employees in categories A-1, A-2, and A-3, when they come up for medical examination or re-examination should give a declaration if they had a head injury earlier and if so, a history of the case, even though fully cured at the time of a declaration. As instances are known where temporary loss of memory and some other mental disturbances have occurred in such cases, it is desirable that a dose watch is kept on all such cases of head injury in the foot-plate staff, especially drivers, and followed up, to ensure that there is no recurrence of loss of memory in such persons.   21. Grant of leave to a Railway employee who is unlikely to be fit for return to duty:   21.1 When a medical authority has reported that there is no reasonable prospect that a particular Railway employee will ever be fit to return to duty, leave should not necessarily be refused to such Railway employee. It may be granted, if due, by a competent authority on the following conditions:   21.1.1  If the medical authority is unable to say with certainty that the Railway employee will never again be fit for service leave not exceeding twelve months in all may be granted. Such leave should not be extended without reference to a medical authority.   21.1.2  If a Railway employee is declared by a medical authority to be completely and permanently incapacitated for further service, leave or an extension of leave may be granted to him after the report of the medical authority has been received, provided that the amount, leave as debited against the leave account together with the period of duty beyond the date of the medical authority’s report does not exceed six months.   21.2 A Railway employee who is declared by a medical authority to be completely and permanently incapacitated for further service shall, 21.2.1  If he is on duty, be invalidated from service from the date of relief of his duties, which should be arranged without delay on receipt of the report of medical authority. If, however, he is granted leave under Sub-para 21.1 above, he shall be invalidated from service on the expiry of such leave; and   21.2.2  If he is already on leave, be invalidated from service on the expiry of that leave or extension of leave, if any granted to him under Sub-para 21.1.   21.3 A Railway employee who fails in vision test or otherwise becomes physically incapable of performing the duties of the post which he occupies but not incapable of performing other duties shall be granted leave in accordance with ordinary rules subject to the proviso that where the Railway employee has not got six month leave to his credit his leave shall be made upto six months by the grant of extraordinary leave.     ANNEXURE – l     Reclassification of Staff Categories of Staff Recommended for down-gradation of Medical Classification Navigating Staff   S.N Category Existing Revised 1. Khalasi Goods/Passenger, Jetty/ Barge Diesel, Tug/ Float /Shore Gang and Steamer.        A-1 A-2 2. Tindals/Tindals (Deep sea). A-1 A-2 3. Wagon Ferry Control Clerk      A-1 A-2 4. Marine Engineer A-1 B-1 5. Ferry Superintendent    A-1 A-3 6. Marine Engineer-II       A-1 B-1 7. Ghat Inspector A-1 A-3 8. Machinery Engineer A-1 A-3 9. Asstt. Marine Engineer A-1 A-3 10. Marine Engineer IV A-1 A-3 11. Ghat Serang Shore A-1 A-3 12. Gang Serang     A-1 A-3 13. Floating Dock Serang A-1 A-3 14. Passenger Jetty Serang A-1 A-3   Station Supervisory Staff and others in Operational Control of Signals   S.N Category Existing Revised 1. Station Supdt/Dy. Station Supdt. A-3 B-1 2. Gate Pass Collector      B-1 C-1             Bridge Non-Supervisory Artisans                                                             S.N Category Existing Revised 1. Fitters   A-3 B-1 2. Carpenters       A-3 B-1 3. Welders A-3 B-1 4. Black Smiths    A-3 B-1 5. Rivetters A-3 B-1 6. Painters            A-3 B-1 7. Mason Mistry Rivet cuttery, Testers, Artisan Khalasi, Hammerman, Bellowman, Tindals Dollyman, Rivet heater, Mason A-3 B-1                                                                                     Railway Protection Force Staff                                     S.N Category Existing Revised 1. Head Rakshak (Fitter, Skilled) B-1 C-1 2. Head Rakshak (Tailor) B-1 C-1 3. Head Rakshak (Painter) B-1 C-1 4. Sr. Rakshak (Painter)   B-1 C-1 S.N Category Existing Revised 5. Senior Rakshak (Fire Extinguisher servicer) B-1 C-1 6. Senior Rakshak (Hose Repairer) B-1 C-1 7. Rakshak (Motor cleaner)          B-1 C-1 8. Inspector, Sub/Asstt. Inspector (Prosecution) B-1 C-1 9. Rakshak (Cobbler, Cook, Cook-mate) C-1 C-2 10. Rakshak (Barber, Dhobi, Mali) C-1 C-2 11. Rakshak (Bhisty, Safaiwala, Kahar) C-1 C-2                                                                         Store Staff   S.N Category Existing Revised 1. Operative or Painter Gestetner C-1 C-2   Electrical Staff   S.N Category Existing Revised 1. Lift Operator/Liftman B-1 C-2   Other Office Staff   S.N Category Existing Revised 1. Daftry C-1 C-2 2. Record Sorter/Lifter     C-1 C-2 3. Asstt. Record Keeper C-1 C-2 4. Peon    C-1 C-2 5. Jamadar C-1 C-2 6. Khalasi C-1 C-2 7. Farash C-1 C-2 8. Bhisty   C-1 C-2 9. Mali     C-1 C-2                                                                         Aerated Water Factory Staff   S.N Category Existing Revised 1. Chargeman     B-2 C-1 2. Head Mechanic          B-2 C-1   13   Subject: Relative position of medically decategorised staff absorbed in alternative posts in the same cadre.   [No. E (NG) II-73 RE3/16 dated 11.04.1975]   It has been brought to the notice of the Board that cases arise where junior running staff on being declared medically unfit is absorbed in a higher scale in a cadre where their erstwhile seniors have been absorbed earlier under similar circumstances against lower grade posts. The Railway Board have considered the matter and are of the view that in the matter of absorption of medically decategorised staff care has to be exercised to ensure that when more than one medically decategorised staff from the same cadre are absorbed in alternative employment in the same seniority unit or cadre, as far as possible the case of any senior who of necessity was absorbed in a lower post should be reviewed and efforts made to adjust the senior against the higher post and the junior taken only Lower down either in the same grade or Lower grade.   14.   Subject: Alternative employment to medically unfitted staff.   [No. E (NG) II-75RE3/1 dated 07.08.1975]   The categories in which alternative employment may conveniently be offered to medically unfitted staff have been enumerated in Board’s letter No. E (NG) 57RE1/26 dated 23.01.1960 and No. E (NG) II-70RE 3/4, dated 03.11.1971. Recently the position has been reviewed and it has been decided that such staff should be given reference for absorption in the category of Trains Clerks as well vide Board’s letter No. E (NG) II75RE3/1 dated 15.01.1975.   In the last of the letters mentioned above it has been provided that such alternative employment should be offered after giving the medically unfitted staff such training as is necessary. The Board desire that this should be borne in mind in all cases and» wherever with some additional training absorption in any alternative category can be facilitated, such training as is feasible should be provided.   Educational qualifications also should not be strictly insisted upon in the case of such alternative employment. Wherever medically de­categorised employee has enough knowledge for discharging efficiently the duties of the alternative post, the prescribed educational qualification for recruitment to that grade need not be insisted upon. Any minor deficiency should be made good by the training mentioned above.     15.   Subject: Absorption of medically decategorised staff.   [No. PC-III (73) Med/2 dated 20.09.1975]   Reference Para 3 of Board’s letter of even number dated 24.01.1975on the above noted subject. The Board, in partial modification of the extant rules, have further decided that in the case of a Railway servant governed by the SRPF (Contributory) Rules, who is medically unfitted/ decategorised and refuses to accept an alternative post offered to him, irrespective of whether such alternative post is considered suitable or not, or in the event of an alternative post not being available, the employee may be allowed to retire and that in such a case the Special contribution of the Provident Fund account shall be calculated on the following scale subject to the condition mat he has rendered not less , man 15 years service which counts for such special contribution under the normal rules: —   (i) For the first 10 years of service 1/2 a month’s pay for each completed six monthly period of service; and   (ii) For the subsequent service at the normal rate as prescribed in Rule 1314(3) (i) RI: subject to a maximum of 16½ months’ pay.   2. This has the sanction of the President and will take effect, from 01.01.1975.   3. Necessary amendments to the Code Rules will follow.     16.   Subject: Absorption of staff in alternative employment on production of medical certificate.   [No. E (NG) II-76RE3/3 dated 26.03.1976]   A case has come to the notice of the Board in which a Railway employee while working as a Booking Clerk brought a medical certificate to the effect that he should be given lighter job. Thereupon the Railway Administration absorbed him as a Ticket Collector which post carries a higher medical category than that of a Booking Clerk.   The Board desire to clarify that the Railway’s action in absorbing the employee in a post carrying a higher medical category was incorrect and the Railway Administrations should avoid absorption of Booking Clerks as Ticket Collectors in such cases.     17.   Subject: Absorption of medically decategorised staff.   [No. P. III/73/Med/2 dated 10.05.1976]   It is clarified that additional retirement benefits in terms of the institutions contained in Railway Ministry’s Letters of even number dated 24.01.1975 and 20.09.1975 may be granted only to medically decategorised employees, refusing to accept alternative posts offered to them irrespective of whether such alternative posts are considered suit­able or not or for whom alternative posts are not available and not to the staff, who are medically unfitted for all categories. The instructions contained in the letters, dated 24.01.1975 and 20.09.1975 referred to above, stand modified to that extent. The clarification now made will have effect from 01.01.1975. Cases already dealt with otherwise not, however, be reopened.   This has the sanction of the President.     18.   Subject: Seniority of medically incapacitated staff absorbed in alternative posts.   Reference:Board’s letter No. E (NG) 63 SR6-31 dated 26.08.1964.   [No. E (NG) 1-76 SR6/37 dated 18.09.1976]   In Board’s letter referred to above it had been indicated that medically decategorised staff absorbed in alternative posts should be allowed seniority in the grade of absorption with reference to the length of service rendered in the equivalent or corresponding grade, irrespective of rate of pay fixed in the grade of absorption and in the case of staff who are in grade higher than the grade of absorption at the time of medical decategorisation, total service in the equivalent and higher grade is to be taken into account.   2.   A doubt has arisen whether these orders will apply in the case of staff who are not required to undergo periodical medical test but who of their own accord request for change of category on grounds of health and are recommended a change of occupation by the medical authorities.   3. The Board wish to clarify that their orders of 1964, referred to above will not apply to staff who get their cases recommended for a change in category on medical grounds. They will be governed by the same rules as staff transfers at their own request.   4. These orders will come into force with immediate effect. Past cases need not be re-opened.     19.   Subject: Seniority of medically decategorised staff in alternative posts.   [No. E (NG) 1-71 SR6/39 dated 31.05.1977]   The question of seniority of staff who come on transfer to another unit accepting bottom seniority and later get medically decategorised, has been reviewed by the Board who have decided to cancel their letter No. E (NG) 1-68 SR6/32 dated 20.10.1971according to which in the alternative posts their seniority would be determined ignoring the fact that they had foregone their seniority earlier. In such cases the intention of the Board is that the provision of Board’s letter No. E (NG) 63 SR6/ 31 dated 26.08.1964 will be applied only in so far as their service in the new seniority unit is concerned, i.e., they will get the benefit of only the service in the new unit for determination of seniority after decategorisation.     20.   Subject: Absorption of medically incapacitated staff in alternative employment.   [No. E (NG) II/77/RE 3-2 dated 02.09.1977]   In Board’s letter No. E (NG) II/69/RE3/5 dated 18.12.1969it was laid down that medically incapacitated staff should not be absorbed in higher scales and that in the case of running staff the comparison should be made between the scales of pay only and the element of Running Allowance should not be taken into account. The Board have reconsidered the matter and it has now been decided that 30{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} should be added to the minimum as well as maximum of the scale of pay of the running staff for purposes of identifying “equivalent” posts   2. Past cases decided otherwise need not be re-opened.   20A.   Subject:Medically unfitted/decategorised Railway employees. Grant of post-retirement complimentary passes.   [No. E (W) 77 PS 5-814 dated 20.07.1978]   In continuation of their letters quoted above, the Ministry of Railways decided that benefit of weight age of additional 5 years’ service should be used to those medically unfitted/decategorised Railway employees who retire invalid, either by refusing to accept the alternative posts offered to them irrespective of whether such alternative posts are considered suitable or not or the event of an alternative post not being available for the purpose of determining the eligibility of post retirement complimentary passes as well.   2. This decision will have effect from the date of issue of this letter.   3. This issues with the concurrence of the Finance Directorate of the Ministry.   21.   Subject: Relative position of medically decategorised staff absorbed in alternative posts in the same cadre.   [No. E (NG) 1-78 SR 6/6 of 11.01.1979]   In a P.N.M. Meeting held by the Railway Board with the A.I.R.F. l on 16/17.08.1978, the question of absorption of medically decategorised staff was discussed, particularly cases where senior employees might have got decategorised earlier but had to be absorbed in lower grades while junior employees who get decategorised later when vacancies are available in equivalent grades get the benefit of higher grades. The Board agreed that the principles to be followed in such cases would be clearly enunciated.   The Board desire that the following principles should be followed in absorption in alternative categories after medical decategorisation: —   (l) Quite often it happens that due to vacancies not being available in equivalent grades a medically decategorised employee has to be offered absorption in a lower grade. In some cases such employees refuse the lower grades in the hope of vacancies in higher grades materialising. It should be open in such cases for an employee to accept a lower grade with a request that if a vacancy in a grade equivalent to what he held before decategorisation occurs in the same cadre he should be considered eligible for the same in preference to a junior medically decategorised employee. While the employee can be expected to put in an application when this contingency happens, it is also necessary for the administration suo-moto, when considering a subsequently decategorised employee for absorption in a cadre, to look into cases where senior decategorised employees may have been absorbed in lower grades in the same cadre during previous three years and initiate a review. In this connection, attention is invited to Board’s letter no. E (NG) II-73RE3/16 dated 11.04.1975desiring such a review. Cases decided before the date of that letter i.e. 11.4.1975 need not be reopened unless there are very exceptional circumstances.   (2) It is also not the intention that even after review the junior employee already absorbed and working in a higher grade should be displaced to make room for the senior. The senior may be promoted against the next vacancy arising in the grade and relative seniority in that grade refixed taking into account the position before medical decategorisation.   (3) Where a junior has already been absorbed in an equivalent grade but a senior gets medically decategorised during the next three years period and has necessarily to be considered for absorption in the same cadre but no vacancy in a similar grade is available, he may be provisionally absorbed in a lower grade with the understanding that the next vacancy occurring in the higher grade would be given to him. On such vacancy occurring and his being posted therein, seniority should be recast as per para (2) above. “   (4) There will be cases where a senior employee was absorbed in a grade taking into account his position before decatego­risation and a junior subsequently got promoted to a higher grade but ultimately gets medically decategorised and be-comes eligible for alternative employment in a higher grade. It is not the intention that such cases, which happened because of the efflux of time, should be reviewed.   22.   Subject: Employment of Shunters who are found medically unfit in A-I.   [No. E (NG) II79RE3/1 dated 20.01.1979]   In the orders about implementation of the Recommendations of the Visual Sub-Committee vide Board’s letter No. 69/H/ll dated 06.12.1974 it is provided vide para 16.3.1 that a decategorised Driver, if he possesses vision of category A-2 on re-examination will be allowed to work as Shunter although the standard laid down for A-1 will apply for new entrants or on promotion. It has been represented that similar facility should be provided for Shunters themselves. The Railway Board have decided that a serving Shunter who gets decategorised in A-1 but is found fit in A-2 may continue to be utilised on Shunting duties in the Loco Shed yards.     23.   Subject: Absorption of medically incapacitated staff in alternative employment.   [No. E (NG) II-79 RE 3/5 dated 22.05.1979]   Reference Railway Board’s letter no. E (NG) II-77RE3/2 dated 02.09.1977wherein it was decided that 30{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of the element of the running allowance should be added to the minimum as well as maximum of the scale of pay of the running staff for purposes of identifying “equivalent” hosts for absorbing medically decategorised running staff in alternative posts and past cases decided otherwise need not be re-opened.   2.   In partial modification of Board’s above orders, the Minis­try of Railways have decided that past cases where there has been acute hardship can be examined by Railway Administration on merits and re-opened if they do not adversely affect others.     24.   Subject: Absorption of medically incapacitated staff in alternative employment.   [No. E (NG) II-79-RE 3/5 dated 14.06.1979]     Reference Board’s letter No. E (NG) II/77/RE3/2, dated 02.09.1977laying down that 30{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} should be added to the minimum as well as maximum of the scale of pay of the running staff for the purpose of determining equivalent posts for absorption on medical decategorisation, fixation of seniority thereafter, etc. In Board’s letter No. E (NG) II-79/RE3/5, dated 22.05.1979it was laid down that past cases decided before 02.09.1977 where there has, been hardship may be examined by the Railway Administrations on merits and re-opened if they do not adversely affect others.     2. It has since been represented to the Railway Board that the benefits arising from the Board’s letter of 02.09.1977 should be made applicable at least to the medically incapacitated running staff absorbed in alternative appointments on or after 01.01.1973. After careful consideration the Railway Board have accepted this proposal. They desire mat all cases where running staff have been absorbed in alternative appointments on or after 01.01.1973 be reviewed and the benefits aris­ing from their orders of 02.09.1977 be afforded to the running staff.     25.   Subject: Railway Labour Tribunal, 1971 – Recommendations regarding medically decategorised Railway employees.   [No. 781EIRLT14 dated 22.06.1979]   The Railway Labour Tribunal, 1971 was appointed by the Ministry of Railways under the P.N.M. and five issues, on which agreement could not be reached between the Railway Board and the A.I.R.F., were referred to it. The first term of reference, was as follows: —   “All Categories of staff including Running Staff, who are disqualified for their duties as the prescribed periodical medical examinations or other medical examinations should be provided alternative appointments with all their emoluments, i.e. Pay, Dearness Allowance, and Running Allowance protected. Their promotion prospects should also be ensured.”   2.  The Tribunal accepted that Railways, specially those of its branches in which traffic operations are performed; demand from its employees a very high standard of mental and physical health through-out their full gamut of service because any remission in this regard is likely to affect not only the service and its employees but also members of the general public. After reviewing the existing standards of physical and mental health of different categories of Railway employees as also the existing provisions made for the absorption of medically decategorised Railway employees in alternative employment, the Railway Labour Tribunal, 1971, has given its recommendations on this term of reference. A summary of these recommendations is given in para 2.102 of the report and a copy thereof.   3.  The recommendations of the Tribunal have been carefully considered by the Government and their comments on these recommen­dations are given below in juxtaposition: —   Recommendation Board’s Comments (5) Causes which lead to decategorisation may be grouped as under: —   (i) Decategorisation arising out of natural causes, such as ageing process, deterioration of visual acuity, including colour perception in the ordinary course of nature.          (ii)  Decategorisation arising out of injuries received owing to negligence of employee himself or decategorisation arising out of lack of personal hygiene, want of ordinary care in regard to health by the employee, or arising out of his noxious habits, such as addiction to drink, drug, smoke, etc. and arising out of failure to take ordinary and proper precautions in performance of duties by the employee. (iii)  Decategorisation arising out of accidents arising out of and in the course of employment.   (iv)Decategorisation arising out of contraction of an occupational disease, disease peculiar to the service in which duties are performed.   (v)  Decategorisation arising out of accidental injuries received owing to willful act of negligence of a co-employee.   (vi)Decategorisation directly arising out of breach of any provision of law or Statutory Rule by the Railway Administration.   (6) (a)  If decategorisation has its origin in causes mentioned in Groups (iii), (iv), (v) and (vi) above, the decategorised employee must be given treatment different from that accorded to a employee  in whose case decategorisation has its origin in groups (i) & (ii).   (b)  In cases falling under Groups (i) and (ii), the present scheme may be broadly taken as substantially just and proper. However, if any measure can be devised to improve the scheme in favour of the employee, the same should be considered favorably.   (c)  As regards decategorisa­tion which has its origin in causes enumerated in Groups (iii), (iv), (v) & (vi) the correct principle to be applied is that consequence of decategorisation must be equitably shared between the Railway Administration and the decatego­rised employee.   (7) Distinction at present made between a Permanent and Temporary employee in the matter of treatment to be accorded on decategorisation should be done away within those cases which fall within Groups (iii) to (vi) mentioned in para (5) here in before.                                                   8. (a)    The emoluments of decategorised employees whose cases fall within any one of the Groups(iii) (iv), (v) and (vi) enumerated in para (5) above, must be fully protected by way of grant of personal pay by granting them such portions of emoluments as are not permissible to them in the alternative employment. However, so far as dearness, house rent and city compensatory allowances are concerned, they would be subject to such variations as are made from time to time which are applicable to Railway Employees in the parent cadre from which the concerned Railway employee was decategorised.   (b) As regards employees decategorised under circumstances mentioned in Groups (i) & (u) in paragraph (5) aforesaid, the scheme embodied in Rule 152 of the Establishment Code, Vol. I and Chapter XXVI of the Establishment Manual is mainly fair and just and, subject to a consideration of some other problems which concern such decategorised em­ployees, no change need to be made in the scheme.   (c) In the case of running staff the term “Pay” will also include that percentage of pay        which is fixed with presidential sanction to be paid in lieu of running allowance under Rule 152 of the Establishment Code, Volume I.                           (9) The demand of the Federation that future prospects of decategorised employees must be protected is rejected, but this rejection is subject to the following safeguards in respect of cases of persons decategorised under circumstances mentioned in Groups (iii) to (vi), namely, when before decategorisation, if an employee is empanelled or trade tested and if the panel or the trade test list is valid even at the time of decategorisation and vacancy arises in the parent department whilst the panel or the list is still in force, the decategorised employee must     be considered for giving him the benefit of promotion which he would have received but for his decategorisation.       The grouping as suggested by the Tribunal is accepted. It may, however, be mentioned that causes of decategorisation arising out of contraction of an occupational disease, disease peculiar to the service in which dudes are performed, as referred to in Group (iv) comprises of cases of those persons who will be covered by the occupational diseases specified in Parts A, B or C of Schedule III to the Workmen’s Compensation Act, 1923. Cases in which Railway employees contract dermatitis in the course of their handling disease and other mineral oils also would be treated as occupational disease for the purpose of application of these orders.                                                                   These recommendations are accepted.                                               In terms of President’s decision below Rule 152-RI temporary employees who are medically decategorised on account of circumstances arising out of and in the course of employment are also entitled to the benefits envisaged in that rule for permanent employees. The only difference is in regard to the grant of leave on decategorisa­tion. In the case of such temporary employees leave due plus leave without pay cannot exceed 6 months within which alternative employment must be found. It has been decided to accept the recommendation made by the Tribunal in this regard. Accordingly, temporary employee falling in Groups (iii) or (vi) mentioned in para (5) above may also be allowed leave as admissible to them from the date of decategorisation subject to the proviso that where the employees have not got six months leave to their credit, their leave shall be made up to six months by grant of leave without pay. If, however alternative employment cannot be found for such employees within the period of leave so granted, their services should be extended by grant of leave without pay subject to the condition that the total amount of leave without pay do not exceed six months.   In terms of Rule 152 of the Indian Railway Establishment Code Vol. I, a Railway servant on being medically decategorised has to be offered alternative employment on reasonable emoluments having regard to his former emoluments. Para. 2613 of the Indian Railway Establishment Manual provides that on absorption in an alternative post, the pay of the Railway servant will be fixed at a stage corresponding to the pay previously drawn in the post held in the parent department. If there is no such stage in the post in which he is absorbed, he is to be given the stage just below the in the parent department pay previously drawn by him. In the case of running staff, the last pay drawn plus a percentage of this pay in lieu of the running allowance is also protected. These protections are, however, subject to the condition that the employee is not entitled to pay more than the maximum of the absorbing grade though he might have been drawing more pay in his parent department.           It has now been decided that the pay of the decategorised employee (in the case of running staff, pay plus the percentage of pay treated as emoluments (in lieu of running allowance in terms of Rule 152-RI) should be protected in the absorbing grade and if it exceeds the maximum of the absorbing grade, the difference may be allowed as personal pay to be ab­sorbed in future increase/increases in pay. It has, however, been decided in modification of the Tribunal’s recommendations made in para (3) (b) that the other allowances such as dearness allowance, city compensatory allowance and house rent allowance drawn by a medically decategorised employee should be allowed on pay plus personal pay as admissible in the absorbing grade.   This recommendation has not been accepted due to the reason that when an employee is decate­gorised, he ceases to work in his existing post in his parent depart­ment and when he is absorbed in the alternative post, he will seek promotion only in the absorbing category, and as such, it will not be possible to give him the bene­fit of promotion in the parent cadre on the basis of empanelment or trade test before he is medically de­categorised.   4. The above decisions on the recommendations made by the Tribunal on this term of reference, as mentioned above, have the sanction of the President and issue with the concurrence of the Finance Directorate of the Ministry of Railways. These orders will take effect from 1st June, 1979.   5. Necessary amendments in the provisions of the Indian Railways Establishment Code, Indian Railway Establishment Manual etc. will follow.     26.   Subject: Railway Labour Tribunal, 1971 – Recommendations regarding medically decategorised Rail­way employees. [No. 781EIRLT14 dated 23.06.1979]   The Railway Labour Tribunal, 1971 was established by the Gov­ernment under the Permanent Negotiating Machinery for dealing with demands in regard to which agreement could not be arrived at between the Railway Board and organised Labour. Among the reference made to the Tribunal, the first term of reference related to provision of alternative appointment and protection of promotional prospects of the medically decategorised employees. The Tribunal has given its recommendations on this term of reference in Chapter II of their report.   2. During the evidence tendered before the Tribunal, the official side representative had given certain suggestions for maintenance of registers in which the progress of the decategorised cases of individual employees could be maintained so mat the administrative delay in the absorption of the decategorised employee is minimised.   3. The Tribunal in recommendation No. (19) has accepted the suggestions made in. regard to maintenance of such registers. It has been decided to accept this recommendation and necessary action should be taken by the Railway Administrations to maintain the registers, the procedure for which has been indicated in the Annexure.   4. The Tribunal in recommendation No. (20) has outlined certain   | factors which should be kept in mind while according priority to be given for a person amongst decategorised persons. The recommendation of the Tribunal is reproduced below: —   “(20)    (a) When question about priority to be given for absorption amongst decategorised persons arises, the following factors may be kept in mind :—   (i)         Seniority;   (ii)        Prior disqualification;   (iii)       Prior decategorisation;   (iv)       Prior exhaustion of leave with pay;   (v)       Suitability of available post;   (vi)       Educational qualifications.   But, which particular factor should be given emphasis must be left to the discretion of the absorbing authority, though, if all factors are found to be equal, then due weightage must be given to seniority, not only in those cases where two decategorised employees belong to the same cadre, but also when they belong to different cadres.   (b) In determining priority, the following factors should also be borne in mind i.e. what was the cause of decategorisation; (i) accident. (ii) Occupational disease. (iii) exposure to certain types of work done on Railways, (iv) physical unfitness on ground of safety considerations; and (v) decategorisation from such categories as RPF, Guards ASMs, “etc. (c) In determining priority, the above factors should be considered in the following orders: —   (i)         Cause of decategorisation.   (ii)        Other factors such as seniority, etc.   (iii)       All things being equal, seniority must be preferred to juniority.”   5. It has been decided to accept this recommendation also. It is requested that necessary action may be taken accordingly. ANNEXURE     In course of his arguments, Mr. Madhav suggests the following administrative actions to alleviate the problems arising out of de­categorisation: —   (l) Even without waiting for the result of an appeal, if any, details in respect of decategorisation should be entered in a register to be called Register A to be maintained at divisional or other appropriate level. This Register A should contain columns showing the following information: —   (i)         Serial number,   (ii)        Name of the employee;   (iii)       Post held prior to decategorisation;   (iv)       Grade;   (v)        Rate of pay;   (vi)       Date of medical unfitness;   (vii)      Educational and other qualifications of the employee;   (viii)      Details of posts offered with grades and rates of pay;   (ix)       Post in which finally absorbed with grade and rate of pay;   (x)        Details of leave availed — LAP, HAP and WOP;   (xi)       Remarks.   (2) In order to match supply with demand of the available decategorised personnel with vacancies, a Register B should be maintained. This Register should list vacancies in various medical categories, allotting separate pages to each category of Railway employees from A downwards to C. This might be in the form:   (i)         Serial number;   (ii)        Designation of post with grade;   (iii)       Date of occurrence of vacancy;   (iv)       Remarks regarding filling up.   (3) The two Registers, A and B should be kept posted upto-date at all times and should be reviewed at the level of Divisional Personnel Officer or other appropriate authority in case of extra-divisional offices.   (4)  Separate lists of staff who have not been absorbed even after three months of medical unfitness should be reviewed at Divisional Superintendent (Personal)’s level.   (5)  Besides three months old cases, special note should be taken of cases of staff who has exhausted or are on the point of exhausting their earned leave.   (6)  Screening Committee should meet as many times as possible or at least weekly for screening medically unfitted staff in alternative posts.   (7)  Screening Committee should not insist on unrealistic requirements of education and technical attainments. It should only satisfy itself that a medically unfitted employee has enough    “ background with which he could reasonably be expected to perform duties of the post in which he is to be absorbed. Exact standards and qualifications should be out of place.   (8)  List of categories in which medically unfitted staff could be absorbed should not be confined to traditional posts, i.e. mere is considerable scope loco-sheds and workshops for absorption of running staff in artisan cadres and what may be necessary is some training which should be given.   (9)   In a case in which vacancy cannot be found within a division, besides issue of circulars giving details of medically unfitted employees, special steps should be taken by Welfare Inspectors to find out avenues of absorption in other division. This is too important a matter to be left to the office routine.   (10)At the time of absorption of medically unfitted staff, his fixation of seniority in the alternative post on the basis of extant Rules should be done with promptitude and place assigned to him m seniority list advised to the employee so that he may be clear about his prospects in the new cadre.   (11)Even after absorption, his progress in the new cadre should be carefully and sympathetically watched at divisional extra divisional and workshop levels, as the case may be. In particular, if any senior to a medically unfitted employee gets subsequently medically unfitted and he is absorbed in a cadre in which a junior .has already been absorbed, as an exception to the general Rule, he should be placed immediately above the junior in the new seniority list. In other words, a junior employee already absorbed will control the seniority of a senior by giving the latter a place next above him. This should be done when vacancy arises in the new cadre, as intention is not to revert any officiating employee.   (12) There are posts like Section/Power Controllers, where the requirement are that candidates to be selected should have or may be required to have, certain type of experience and should have also put in a certain period of service e.g. for Section Controller as experience as a Guard or ASM for ten years or for a Power Controller experience as a driver in A or B grade. There may be a medically unfitted employee who might have already been absorbed in an alternative post who would fulfil eligibility criterion of experience. Such staff should not be debarred from consideration only on the ground that they do not occupy the post in which relevant traffic or power running cadre staff are borne on the crucial date of calling applicants for selection. Such staff should be made eligible for selection.   (13) During inspections of personnel and other officers from Zonal and Divisional Offices, particulars regarding absorption of medically unfitted staff should be reviewed and commented upon in Inspection notes and concrete steps should be take in the required direction.   29.   Subject: Protection of pay of Loco Running Staff on Medical decategorisation.   [No. E (NG) II-79RE3112 dated 15.10.1979]   An extract of the minutes of the Special meeting held between Railway Board and A.I.R.F. on 30/31.07.1979 to discuss the problems of the Loco Running Staff, is reproduced below for information and guidance: —   “The Federation were advised that on the basis of recommendations of the R.L.T.-1971 certain instructions have been issued to the Railways on Board’s letter No. 78/E/RLT/4 dated 22.06.1979 to protect the emoluments of medically decategorised employees in absorbing grades.   2. The Federation desired that the posts of Inspectors for the running rooms are not sufficient and these should be reserved for medically decategorised staff. The Board clarified that in the case of new running rooms there is no ban on creation of posts and these can be created as justified and filled up by decategorised staff if possible.   30.   Subject: Railway Labour Tribunal, 1971—Recommendations regarding medically decategorised Railway employees. [NO. 78/E/RLT/4 dated 18.07.1980]   Please read in second line under Board’s comments on page-5 of this office letter of even number dated 22.06.1979 “Para (8) (a)” instead of “Para (8) (b)”.     31.   Subject: Absorption of running staff in alternative categories on medical decategorisation. [No. E (NG) I-80 SR-6/83 dated 03.03.1981]   In Board’s letter No. E (NG) II-77/RE-3/2 dated 02.09.1977, instructions were issued that 30{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} should be added to the minimum as well as maximum of the scale of pay of the running staff for the purposes of identifying “equivalent’ posts for absorption of the medically incapacitated running staff in alternative employment. Subsequently, instructions were issued in Board’s letter No. E (NG) II-79 RE-3/5, dated 22.05.1979, which provided that the past cases, could be re-opened only if two, conditions, viz.   (a) There had been an acute hardship; and   (b) There should be no effect on others, are fulfilled.   2. Subsequently another directive was issued vide Board’s letter No. E (NG) II-79 RE 3/5, dated 14.06.1979 indicating that all cases where running staff had been absorbed in alternative appointment on or after 01.01.1973 be reviewed and the benefit arising out of the Board’s orders of 02.09.1977 referred to above to be afforded to the running staff.   3. References are being received from the Railways asking for clarification on the applicability of the above instructions w.e.f. 01.01.1973 as provided in the Board’s letter of 14.06.1979 referred to above. It is clarified that the 3 directives indicated above have only prospective effect so far as the question of payment in the equated scales are concerned. In other words, in the cases covered by these orders, the question of payment of arrears for the period prior to the date of their issue as also the proforma fixation of pay should not arise as the staff in question would have been fitted in the higher grade after taking into account the element of running allowance only after the date of the issue of these orders.   4. So far as the question of determining the seniority is concerned, since 30{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} is to be added in the scale of pay of the running staff for the purpose of determining  “equivalent” posts for absorption on medically decategorisation in accordance with the provisions of Board’s letter of 02.08.1977, this effect cannot be made from a previous date. The intention of issuing Board’s letter of 14.06.1979 for reviewing the cases of medically decategorised running staff absorbed in alternative categories after 01.01.1973 was that such cases could be reviewed now and benefit arising out of the orders of 02.09.1977, if any, be afforded to them if the same had not already been done which had been causing hardship to the staff absorbed prior to 02.09.1977. This benefit, however, would be after keeping into account the conditions laid down in the Board’s letter of 22.05.1979, viz.   (a)        There has been acute hardship; and   (b)        There should be no effect on others.     33.   Subject: Vacancies to be manned by Scientific and Technical Personnel.                            [No. E (NG) II-81/RC 1/17 dated 06.11.1981]   The problem of providing meaningful opportunities of employment to the unutilised stock of Science and Technology manpower was examined by the Science Advisory Committee of the Cabinet. One of the strategies decided upon by the Committee to tackle this problem in filling up of vacancies in salaried positions in Government organisations on a priority basis. As decided upon by the Science Advisory Committee to the Cabinet, the Board desire that Scientific and Technical posts which are lying vacant either due to procedural delays or non-availability of suitable candidates, should be filled in accordance with the recruitment rules on priority basis by 31.01.1982. In case of non-availability of candidates, the best available candidates are to be identified and provided with necessary training in order to equip them | suitably for the job.   34.   Subject: Railway Labour Tribunal, 1971 — Term of reference No. l – Medically decategorised employees. [No. E (LR) II/85/RLT/1 dated 21.01.1985]   Reference Railway Board’s letters No. 78E/RLT/4 dated 22.06.1979 & 23.06.1979 and letter No. E (S) 82 RLT/1-MR (CA) dated 08.03.1984under which recommendations made by the Railway Labour Tribunal, 1971 on term of reference No. l regarding protection of pay and prospects of medically decategorised employees and Railway Board’s decisions thereon have been communicated.   2. The said Tribunal while rejecting the demand of the All-India Railwaymen’s Federation for protection of the future promotional prospects of the decategorised employees recommended the following safeguard: —   “When before decategonsation, if an employee is empanelled or trade-tested and if the panel or the trade-test list is valid even at the time of decategonsation and vacancy arises in the parent department whilst the panel or the list is still in force, the decategorised employee must be considered for giving him the benefit of promotion which he would have received but for his decategonsation.”   3. After carefully reconsidering the whole issue, the Board have decided that the benefit as recommended by the Tribunal in their recommendation reproduced above may be extended to the medically decategorised employees absorbed in alternative employment, subject to the following conditions: —   (a) The benefit will be admissible only in cases where the medical decategonsation is owing to—   (i) Accidents which arose out- of and in the course of em­ployment, and   (ii) Accidental injuries received due to willful act or negligence of a co-employee.   (b) The benefit will be admissible only if the relevant panel (in the case of selection posts) or suitability list (in the case of non-selection posts, including posts filled through trade tests) is valid on the date from which the benefit is due.   (c) The benefit will be limited only to the initial fixation of pay in the higher post, no subsequent incremental benefit will be admissible.   4. This has sanction of the President and this issues with the concurrence of the Finance Directorate of the Ministry of Railways.   5. These orders will take effect from the date of issue of this letter.   Copy of Railway Board’s letter No. 78E (RLT) 4-Pt. dated 08.03.1984   Subject: Railway Labour Tribunal—1971, Term of Reference No. l—Medically decategorised employees.   Reference Railway Board’s letters of even no. dated 22.06.1979 dated 23.06.1979 under which recommendation made by the Railway Labour Tribunal, 1971 on term of reference No. l regarding protection of the pay and prospect of medically decategorised employees and Railway Board’s decisions thereon have been circulated. Copies of the report of Railway Labour Tribunal had also been sent to the Railway Administrations.   2. The Tribunal made certain observation (vide para 2.102 (33) in regard to the environmental conditions in which the Railway servants work. The Tribunal has stated vide para 2.99 of their report that these observations have to be taken in the nature of “obiter dicta” and that none of the two parties (Railway Board and AIRF) before the Tribunal would be bound by the same.   3. Extracts of para 2.102 (33) containing the observations of the Tribunal as “obiter dicta” are sent herewith for your information’ and guidance.   Extracts from Report of Railway Labour Tribunal, 1971— Term of Reference No. l :   Para 2-102 (33) Obiter Dicta: —   (a) Immediate measures are required to be undertaken to see that the recommendation made by several high powered commissions that in any case, continuous running duty should not be exacted for more man fourteen hours, is implemented scrupulously, so that the risk of decategorisation arising out of an accident committed during the period of fatigue is avoided.  [Vide paragraph 2.101 (A)]   (b) It is desirable that measures must be taken for quick and rapid scape of smoke and fumes from all workshops, so that the hazard of conjunctivitis or corneal ulcer and opacity, the latter two of which case cause less of visual acuity, may be avoided. [Vide paragraph 2.101 (B)]   (c)        (i) Having regard to the excellent measures taken by the Railway Administration for immediate removal of saw dust from the saw mill of the carriage workshop in Kharagpur, it is not impossible for it to take also measures to see that saw dust does not get accumulated in heaps in the mill and that saw dust heaps are removed as speedily as possible, so that any suspicion of workers being affected in the long run by constant inhalation of saw dust may be completely removed.   (ii) The same remarks also apply to cardboard dust floating in atmosphere at the printing press at Kurseong. [Vide paragraph 2.101 (C)]     (d) It is necessary that work places in the battery sections at Itarsi should be protected and/or workers themselves should be protected with protective gadgets, which would prevent inhalation of lead fumes. [Vide paragraph 2.101 (D)]   (e) It is necessary that worker working at or near furnaces should work with leather gloves and protective boots and that they should be trained against careless throwing and must be alerted to watch for hollow containers in the scrap. It would be worthwhile if preventive measures suggested by the Health Encyclopaedia, Vol. I, at pages 652-653 under the Heading “Heat Disorders are introduced by the Railway Administration in the Carriage Workshop at Kharagpur and in certain other workshops.       [Vide paragraph 2.101 (E)]   (f) The Railway Administration would be well advised to take preventive measures and Railway employees handing oil products to observe personal hygiene. The existing washing arrangements at Itarsi workshop for employees coming into contact with diesel oil arc not satisfactory. Instead of existing arrangement, there should be arrangement for flowing water, so that dirty water is drained off and does not contaminate the worker who follows another worker who has washed his hands. There should also be arrangement for bathing places where the workers can, at the end of the day, take bath. [Vide paragraph 2.101 (F)]   (g) The conditions of work at New Bongaigaon Transshipment Yard in regard to handling of toxic and other dangerous substances are such that there is likelihood of workers developing anthrax which, if contracted, would not only entitle Railway workers to the benefit of the provisions of the Workmen Compensation Act but also the decisions recorded by me. Therefore, measures should be adopted, at least in regard to Railway employees, at the aforesaid transshipment yard, to see that they are not eanesed to the above danger. [Vide paragraph 2.101 (G)]             (h)        (i) While paint spraying at the paint shops involves con-traction of lead poisoning which is an occupational disease. Measures suggested in the Health Encyclopaedia, Vol. II, page 771 for avoidance of this hazard may well be adopted by the Railway Board.   (ii) The same recommendation as aforesaid is made the regard to those workers who handle type letters at the printing press at Kurseong. [Vide paragraph 2.101 (H)]   (i) Noise on Railways does not constitute on industrial hazard.   (ii) Decibels of noise produced at the Bridge Workshop at new Bongaigaon are beyond limits of tolerance and can cause both auditory and non-auditory defects. It is necessary that preventive measures such as are indicated in the Health Encyclopaedia, Vol. II at pages 953-54 should be adopted for controlling the levels of noise at the Bridge workshop. [Vide paragraph 2.101 (I)] (j) Work done by employees to help welders is of such a nature that they have to remain very near welders, especially so when they are required to hold sheets to be welded. This exposes them to the same dangers as the welders and, therefore, helpers should be provided with gloves, masks and boots as welders are. [Vide paragraph 2.101 (J)] (k)        (i) Because workers are not sufficiently protected from hazard arising out of continuous process of shearing it necessary that measures should be adopted to protect workers from the operation involved in handling the shearing machines at Kurseong printing press.   (ii) Handling of “Saras” glue at the above press is not an industry hazard. [Vide paragraph 2.101 (K)]   (l) The congested condition like the one observed at scrap yard at Jhansi constitutes an industrial hazard. [Vide paragraph 2.101 (L)]   (m) Immediate measures must -be taken to see that pits at workshops and sheds are kept reasonable clean. [Vide paragraph 2.101 (M)]   (n) Employees working under underparts of carriages without there being pits undergo the risk of spoiling their general health. Workers who handle electrical fittings and gadgets under the aforesaid circumstances incur industrial hazard. [Vide paragraph 2.101 (N)]   (o) Crane operation is hazardous and no body should be permitted to enter the zone of crane operation unless proper protective precautions are taken. [Vide paragraph 2.101 (O)]   (p) If workers are made to enter fire-box without the same having been cleaned, the consequent in halation of dust and smoke constitutes an industrial hazard. In any case, such workers should be supplied with pieces of cloth to wipe off dust and smoke such as may remain even after the fire-box is cleaned. [Vide paragraph 2.101 (P)]   (q) It is the duty of the Railway Administration to see that footpaths between two rows of vehicles remain free from obstacles. [Vide paragraph 2.101 (Q)]   (r) Prompt measures should be taken to construct sheds at working places where there are none, and to stop leakage of rain water at places what there are sheds. [Vide paragraph 2.101 (R)]   (s) It cannot be stated that, in each and every case of use of combustible products, internal combustion engines and compressed air, an industrial hazard arises. If a Railway employee gets decategorised and alleges that decategorisation is due to his working under the aforesaid conditions, the truth of otherwise of the allegation will have to be determined in each case on its own merits. [Vide paragraph 2.101 (S)]   (t) Both the Railway Administration and workers should take health and safety measures enumerated in the Health Encyclopaedia. Vol. J, page 303, whenever they have to do dirty type of work such as coal transport and delivery, boiler cleaning, cleaning and maintenance of oil tankers, oil containers and loading and unloading of certain types of carbohydrates. [Vide paragraph 2.101 (T)]   (u) Immediate measures should be taken to improve lay out of machine shops, so that there is sufficient and safe distance between one machine & another and lanes for movement of employees are wide enough to prevent them form being en-tangled into them by accident and gadgets for stopping machines should be located at the work-places where employees work. [Vide paragraph 2.101 (U)]   (v) Operation of coupling and uncoupling of wagon in motion is hazardous. [Vide paragraph 2.101 (V)]   (w) Areas where humping operations are made must be considered to be hazardous zones for those working therein. [Vide paragraph 2.101 (W)]   (x) Railway Administration must undertake measures to provide proper lighting arrangements in goods brake vans. [Vide paragraph 2.101 (X)]   (y) Except at a few kitchens in some running room, inspection did not reveal poor lighting arrangements at work places. [Vide paragraph 2.101 (Y)]   (z)        (i) The conditions observed at the running rooms at Howrah station were such that no doubt can be entertained that employees house in those rooms would not recoup themselves for fresh duty. Urgent attention is required to be given for improving the conditions prevailing these rooms.   (ii) Though the suggestion of the Federation that all linen must be disinfected whenever there is a change of personnel may not be feasible arrangements could at least be made to see that linen, bed-sheets, etc. any dhobi-washed.   (iii) “The mattresses provided m some rooms were in a horrible state.   (iv) The complaint of employees that they have to wait for some-time till food is cooked and that this curtails their time of rest cannot be redressed unless they agree to give their orders for food in advance and agree to rations being supplied by cooks or by the administration.   (v) There should be no laxity whatsoever in supplying potable water at all running rooms.   (vi) Attempts should be made to provide reasonable recreation facilities but whenever such arrangements are made, it is upto the employees to make use of them and it is their duty not to despoil them. (v)    Kitchens of some running rooms were found to be full of smoke and soot. It is necessary that kitchens should be kept dean and white-washed from time to time.   (viii)      Some reasonable arrangement is required to be made in regard to the existing practice of sending call-boys to awaken members of running staff, so that the other sleeping employees may not be disturbed in their rest.   (ix) When constructing new running rooms, care should be taken to see that they conform to the standards of which the Railway Board is rightly conscious in recent times. They should be dean, uncongested, furnished linen should be a decleaned and changed at reasonable intervals, mattresses should have the required sleeping comfort (Sanitation should be of required standard), kitchen arrangements should be adequate, kitchens should be free from smoke and well ventilated, cooking should be done in dean utensils, water should be potable and there should be recreation facilities. [Vide paragraph 2.101 (Z)]   (a-1) All brake-vans, which I inspected in the course of inspection tours, were in horrible condition. All of them were four-wheelers. There were no fan, glass-panes were broken and, instead of being fitted with new glasses, they were converted over with tin sheets and small holes were bored therein for guards to see through. Brake vans at Katihar were over-due for periodical overhaul. Prompt and adequate measures must be taken to improve the state of affairs in regard to such brake vans. [Vide paragraph 2.101 (A-1)]   (a-2)    (i) Evidence shows that crew rest vans are covered from dilapidated parcel/vans and from even fish-vans. Though facilities provided in such crew rest vans may not be of the same order as they are provided in running rooms, it is necessary that such crew rest vans must be so constructed as not only to keep up efficiency of crew but also to prevent deterioration in their health. Evidence shows that the existing crew rest vans do not give rest, nor do they afford recoupment to employees. It is necessary that prompt and adequate measures must be taken for providing new crew rest vans and/or by making suitable alterations in the existing ones.   (ii) It is hoped that an earnest effort will be made by Railway Administrations to complete the programme of construction of crew rest van deposed to by Mukerjee within shortest possible time and, in any case not later than eight years from the date Mukerjee gave his evidence. [Vide paragraph 2.101 (A-2)]   (a-3)    (i) Residential quarters at Kurseong and Darjeeling were of poor quality and as regards some of them, even tenant-able repairs were not executed.   (ii) Having regard to the immensity of the problem, it is not advisable to recommend any time-bound programme to see that quarters are provided for all Railway employ­ees including essential staff;   (iii) However, if and when new quarters are constructed, it would be proper for the Railway Administration to pay due regard to the complaints made by the Federation that two room quarters are not constructed and that due facilities for water are not provided. The complaint that percentage amount spent for construction of quarters for non-gazetted staff also must be promptly inquired into and such measures under- taken as can reasonable meet the view point of the Federation. (iv) Kitchens and latrines must be provided at such newly constructed quarters.   (v) Construction of back-to-back quarters should be avoided. [Vide paragraph 2.101 (A-3)]             (a-4)    (i) Prompt measures must be taken to provide latrines at places where there are none and where there are latrines to keep them reasonable dean and hygienic. Latrines must be located as far as possible near work places.   (ii) Immediate steps must be taken to keep the existing latrines at Tindharia dean and hygienic. [Vide paragraph 2.101 (A-4)]   (a-5) Arrangements, at the booking office for running staff at Bamangachi Loco Shed were extremely poor. There were no proper sitting arrangements and as such they must be causing considerable hardship to drivers and firemen waiting at the booking office. [Vide paragraph 2.101 (A-5)]   35.   Subject: Railway Labour Tribunal, 1971—Recommendation regarding medically decategorised Railway employees—Fixation of pay.   [No. E (NG) I-86RE3/3 dated 09.04.1986; RBE 75/86]   Reference your letter No. P(R) l l/P/Vol. II dated 13.03.1986 on the above subject. It is clarified that protection of pay in the absorbing grade beyond the maximum of the absorbing grade as personal pay is permissible to medically decategorised staff falling under Groups (iii) to (vi) of para 5 of the RLT Award as quoted in para 3 of Board’s letter No. 78/E/RLT/4, dated 22.6.1979 and not to the employees falling under Groups (i) and (ii) thereof.   Copy of Southern Railway’s letter No. P(R) II/P/Vol. II dated 13.03.1986.       Subject: Railway Labour Tribunal, 1971—Recommendation regarding medically decategorised Railway employees — Fixation of pay.   Reference: Board’s letter No. 78/E/RLT/4 dt. 22.06.1979 and 18.07.1980.   The recommendations of Railway Labour Tribunal, 1971 and the decision of Board in regard to protection of pay of the medically de­categorised employees have been circulated vide Board’s letters cited above.   2. In para 5, the RLT has recommended grouping of causes leading to medical decategorisation. There are 6 groups broadly making two distinct main groups i.e., (i) & (ii) and (iii) to (vi). As per the recommendations of RLT, the purposes of making two main groups is to accord preferential treatment, to remove distinction between permanent and temporary employees and to allow protection of pay for the decategorised employees vide recommendations at paras 6, 7 and 8.   3. With regard to protection of pay of the medically decate­gorised employees, the RLT has given the following recommendation:   The emoluments of the decategorised employees whose cases fall within anyone of the Groups (iii), (iv), (v) & (vi) enumerated in para 5 must be fully protected by way of grant of personal pay by granting them such portions of emoluments as are not permissible to them in the alternative employment vide para 8(a). Vide para 8(b), the RLT has recommended that employees decategorised under circumstances mentioned in Groups (i) and (ii) in para 5, the scheme embodied in Rule 152 of the Establishment Code, Vol. I and Chapter XXVI of the Establishment Manual is mainly fair and justice and no change need be made in the scheme.   4. Railway Board have taken a decision on the above recom­mendation that the pay of the decategorised employees should be protected in the absorbing grade and if it exceeds the maximum of the absorbing grade, the difference may be allowed as personal pay to be absorbed in future increase/increases without making any comments on the two different methods of fixation of pay recommended by RLT.   5. The Divisions/Shops, etc. have fixed the pay in the absorbing a grade exceeding the maximum of the absorbing grade and allowing the difference as personal pay in all the cases of medical decategorisation.   6. The Director of Audit of this Railway who took objection on the protection of pay in all the cases of decategorisation is of the view that the Board’s comments against item No. 8 regarding the grant of personal pay would seem to be applicable only to Railway employees decategorised under Groups (iii) to (vi) of para 5 and not to other Groups viz. (i) and (ii) of para 5 vide his letter No. E. 8/Cor/Spl./10654 of 22.02.1985 (Copy enclosed).   7. This Railway Administration is not in agreement with the views expressed by the Director of Audit particularly in view of Board’s unconditional acceptance of recommendation 6(b). Further the decision in para 2 of Board’s comments against Paras 8 (a), (b) & (c) is applicable to all cases of medical decategorisation inasmuch as the Board have not made any specific mention at all about the two different methods of fixation of pay of the medically decategorised employees on the basis of consideration of groups leading to the decategorisation as recommended by the RLT vide Paras 8(a) and 8(b) referred to in para 3 above.   8. Board are requested to kindly communicate their clarification in the above matter early to clear the objection.   9. FA & CAO of this Railway has concurred in with the views of this administration.         Subject: Railway Labour Tribunal 1971—Recommendations regarding medically decategorised Railway employees — Date of effect.   [No. E (NG) I -86-RE 3-5 dated 20.11.1986]   As the Railways are aware, decisions of the Ministry of Railways on the recommendations made by the Railway Labour Tribunal, 1971 regarding medically decategorised Railway employees were conveyed under their letter No. 78/E (RLT)/4, dated 22.06.1979. It was specified in para 4 thereof that the orders will take effect from 01.06.1979. One of the Railways has since come up for a clarification whether the benefits accruing from these orders would be available from 01.06.1979 in those cases also where medical decategorisation had taken place before 01.06.1979. The Ministry of Railways wish to clarify that it was never the intention to re-open such cases of medical decategorisation be fore 01.06.1979. Accordingly the benefits flowing from the Ministry’s letter of 22.06.1979 ibid would be admissible only in those cases where Railway employees were/are medically decategorised on or after 01.06.1979.   2. This has the sanction of the President. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.     38.   Subject: Absorption of medically decategorised non-gazetted staff in alternative posts in regular cadres. [No. E (NG) I-88-RE 3/1 dated 11.04.1988; RBE 76/88]   A case has come to the notice of this. Ministry wherein a Cabin Asstt. Station Master, who was medically decategorised, was absorbed in a tenure post of Announcer, and he retired from service on superannuation from that tenure post. This action of the Railway was not correct.   2. Ministry of Railways desire that medically decategorised non-gazetted staff should be absorbed in suitable alternative posts in a regular cadre only and not in tenure posts.   40.   Subject: Fixation of pay of medically decategorised staff on absorption in alternative posts in terms of RLT Award 1971—Waival of over-payments.   [No. E (NG) I/871RE3/3 dated 03.11.1988]   Please refer to Board’s letter no. E (NG) I/86/RE 3/3 dated 09.04.1986wherein it was clarified that protection of pay beyond the maximum of the absorbing grade as personal pay is permissible only to medically decategorised staff falling under Group (iii) to (vi) of para 5 of the RLT Award as quoted in para 3 of Board’s letter No. 78/E/RLT/4, dated 22.06.1979 only and not to the employees falling under Groups (i) & (ii) thereof.   2.  It has been represented by ATRF & NFIR that the above clarification has caused great hardship to the employees who were allowed protection of pay beyond the maximum of the absorbing grade even though their cases did not fall in Groups (iii) to (vi) referred to above and the Railways had started making recoveries of the over-payments made to them.   3.  The matter has been considered sympathetically by the Board and it has been decided that recovery of over-payments made in such cases should be waived under your own powers. Pay should, however, be refixed as per clarification contained in the letter of 09.04.1986 cited above.   4.  This issues with the concurrence of the Finance Directorate of this Ministry.   41.   Subject: Absorption of medically decategorised staff of Railway Protection Force in alternative posts. [No. E (NG) I/88/RE3/2 dated 18.01.1989; RBE 22/89]   In the RPF Chief’s Conference held in Rail Bhawan on 31.08.1987, a point was made that the medically decategorised RPF staff are not being considered on some Railways/Units for absorption in alternative posts this has been considered by the Board, who desire that medically decategorised RPF staff may be first considered for absorption in ministerial posts in the RPF, for which they may be medically fit. The Committee constituted for considering such alternative appointments shall include an officer of the Personnel Department. In case no suitable posts to so accommodate them in RPF department are available, they may be considered for absorption in alternative posts in other departments of the Railways within the framework of the provisions contained in Chapter XXVI of the Indian Railway Establishment Manual.   2. Similarly when staff of other departments are medically de­categorised, they will also be considered for absorption against suitable posts in their own department first and in case no posts are available therein, against Ministerial posts in the RPF department, if such posts are available in that Department.     42.   Subject: Absorption of medically decategorised staff in alternative posts.   [No. E (NG) I/88/RE3/3 dated 28.03.1989; RBE 91/89]   It has come to the notice of the Board that in a few cases alternative employment could not be offered to the medically decategorised staff before the expiry of the maximum period of Extraordinary Leave permissible under Rule 2237(A)-R.II, and the Railway had to come up to the Board for extension of the, permissible period of leave as a special case. Board desire to reiterate that all out efforts must be made to find out alternative employment in such cases within the prescribed time limit. As the Railways are aware, if a suitable alternative job with same emoluments is not available during this period, a job with lower emoluments may be offered in terms of para 2609-IREM.     43.   Subject: Extracts from Indian Railways Establishment Manual.   A Railway servant who fails in a vision test or otherwise becomes physically incapable of performing the duties of the post which he occupies should not be discharged forthwith but every endeavour should be made to find alternative employment for him as expeditiously as possible. Such employment must be of suitable nature and on reasonable emoluments having regard to the emoluments previously drawn by the Railway servant.               [Rule 1301—IREM, Vol. I, 89-Ed.]     Classification of Railway servants declared medically unfit—   Railway servants declared medically unfit for further service are divisible into two groups: —   (i) Those completely incapacitated for further service in any post on the Railway, i.e., those who cannot be declared fit even in the“C” medical category.   (ii) Those incapacitated for further service in the post they are holding but declared fit in a lower medical category and eligible for retention in service in posts corresponding to this Lower medical category. [Rule 1302 — IREM, Vol, I, 89-Ed.]   44.   Subject: Extracts from Indian Railways Establishment Code.   [Paras 1313 of IREM (1989) (E55/RE 1/26/3 dated 14.06.1956]   Leave to a Railway servant who is unlikely to be fit to return to duty. —   (l)         (a) When a medical authority has reported that there is no reasonable prospect that the Railway servant will ever be fit to return to duty, leave shall not necessarily be refused to such Railway servant.   (b) The leave may be granted, if due, by the authority competent to grant leave on the following conditions: —   (i) If the medical authority is unable to say with certainty that the Railway servant will never again be fit for service, leave not exceeding twelve months in all may be granted and such leave shall not be extended without further reference to a medical authority;   (ii) If a Railway servant is declared by a medical authority to be completely and permanently incapacitated for further service, leave or an extension of leave may be granted to him after the report of the medical authority has been received, provided the amount of leave as debited to the leave account together with any period of duty beyond the date of the report of the medical authority, does not exceed six months.   (2) A Railway servant, who is declared by a medical authority to be completely and permanently incapacitated for further service, shall: —   (a) If he is on duty, be invalidated from service from the date of relief of his dudes, which could be arranged without delay on receipt of the report of medical authority. If, however, he is granted leave under sub-para (l) above he shall be invalidated from service on the expiry of such leave; and   (b) If he is al ready on leave, be invalidated from service on the expiry of that leave or extension of leave, if any, granted to him under sub-para (l).   (3) A Railway servant who fails in vision test or otherwise becomes physically incapable of performing the duties of the post which he occupies but not incapable of performing other duties shall be granted leave in accordance with these rules, subject to the proviso that where the Railway servant has not got six months’ leave to his credit, his leave shall be made upto six months by the grant of extraordinary leave. [Rule 522 IRE Code Vol. l, (85-Ed.) & Paras 2237 & 2237A IREC Vol. II]   45.   Subject: Extracts from Indian Railways Establishment Manual.   Fixation of Pay:   (a) On absorption in an alternative post, the pay of the Railway servant decategorised on account of circumstances which did not arise out of and in the course of his employment will be fixed at a stage corresponding to the pay previously drawn in the post held by him before decategorisation. If there is no such stage in the post in which he is absorbed, he may be given the stage just below the pay previously drawn by him. For running staff the fixation will be based on basic pay plus a percentage of such pay in lieu of Running Allowance as may be in force.   (2) In other cases viz. (i) and (ii) of para (l) above, on absorption in an alternative post, the pay of the Railway servant will be fixed at a stage corresponding to the pay previously drawn in the post held in a substantive capacity or the officiating pay if he was not likely “to revert there from whichever is higher. If there is no such stage in the post in which he is absorbed, he may be given the stage just below the pay previously drawn by him. Medically unfitted Railway servants absorbed in another category on a Lower pay may, on subsequent promotion to higher posts, be allowed, by the grant of advance increments, the same or near about the same pay as may have been drawn by them, before being declared medically unfit, in their original appointment, including officiating appointment, if it is certified that but for being medically incapacitated the Railway servants would have continued in the officiating appointment and would have normally been confirmed against the post, if the post was permanent, or, if the post was a temporary one sanctioned for a period of one year or more, would have held the post for the duration of the currency of the same.   (b) In cases of decategorisation under circumstances arising out of and in the course of employment the pay of a decategorised employee (in the case of running staff, pay plus the percentage of pay treated as emoluments in lieu of running allowance) drawn before decatego­risation should be protected in the absorbing grade and if it exceeds the maximum of the absorbing grade 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 drawn by a medically decate­gorised employee should be allowed on pay plus personal pay as admissible in absorbing grades. [Rule 1313 — IREM, Vol. l, 89-Ed., No. 78/RLT14 dated 22.06.1979, 18—80 and E (NG) I-86-RE3/3 dated 09-04.1986; RBE 76/86]     46.   Subject: Medically decategorised staff absorbed in alternative posts at out-stations—Grant of benefits on transfer account. [No. E (NG) 1/90/RE3/1 dated 26.02.1991; RBE 40/91]   AIRF raised a demand in the PNM at Board’s level that medically decategorised staff absorbed in alternative posts at out-stations should be allowed all benefits admissible to the employees on transfer. The position in this regard was ascertained from the Railways. It was found that while on some Railways, such benefits were being extended, on others they were being denied.   2. The matter has been considered carefully by the Board in the light of deliberations in PNM/A1RF and it has been decided that the medically decategorised staff absorbed in alternative posts at out-stations should be given all benefits admissible to the employees on transfer in administrative interest. Cases decided otherwise, so far, need not be re-opened.   3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.     47.   Subject: Medically decategorised staff waiting for absorption in the alternative Post—Treatment of intervening period.   [No. E (G) 92LE1-6 dated 23.11.1993; RBE 122/93]     In the PNM/AIRF Meeting held in March, 93, the staff-side pointed out that in the case of medically decategorised employees declared fit for Lower medical category they have to wait for suitable alternative posts. Such employees are placed on leave due (LAP/LHAP), including Extraordinary leave, from the date they are declared medically decate­gorised, for the purpose of absorption in alternative suitable post. The AIRF have demanded that the LHAP period of medically decategorised employee waiting for absorption in alternative post should be allowed to be commuted into full pay leave as on medical grounds.   2. Ministry of Railways have examined the matter in consultation with the Ministry of Personnel, Public Grievances and Pensions (Deptt. of Personnel and Training) and have decided that the LHAP period may be allowed to be commuted on production of medical certificate, subject to certification that the employee is not fit to hold the post from which he proceeded on leave. The commutation will, however, be admissible only upto the stage that an alternative post is offered to him by the administration.   3. This has the sanction of the President and issues with the concurrence of the Finance Directorate of the Ministry of Railways.   4. Necessary amendment to Rule 522(3) of the Indian Railway Establishment Code (Vol. I, 85-Edition) will be issued separately.     48.   Subject: Assignment of seniority to medically decategorised staff absorbed in alternative categories.   Reference: W. Rly.’s letter No. EU 1160/55/160/90 (PNM) dated 01.11.1993 on the above subject. [No. E (NG) I/93/RE3/6 dated 29.04.1994; RBE 36/94]   The matter has been reviewed by the Board in the light of the points made in your Railway’s letter referred to above and it is clarified that the medically decategorised employees on their absorption in an alternative post will be assigned seniority as per para 1314 of IREM 1989-Edition irrespective of the fact whether they were required to undergo P.M.E. or not and whether the decategorisation had resulted from the P.M.E. or otherwise.   2. The staff who get their cases recommended for change of category on medical grounds will continue to be allowed seniority as per para 312 of IREM 1939-Edition.   3. Necessary correction to the Master Circular No. 25 is being issued separately for deleting para 2 thereof.