Admissibility of Pension in case of Appointment on compassionate grounds of medically incapacitated Employee

Railway Board Letter No
E[NG]II/2009/RC-1/Gen./2 dated 23.2.2010
Circular Subject
Appointment on compassionate grounds in cases of medically incapacitated staff on the Railways

Pursuant to the discussions with respect to Item No. 22/2009 of DC/JCM meeting held in August, 2009, para [3] of Board’s letter No. E[NG]II/95/RC-1/94 dated 18.01.2000 is reiterated, which stipulates that in cases where an employee is totally incapacitated and is not in a position to continue  in any post, because of his medical condition, he may be allowed to opt for retirement.  In such cases request for appointment on compassionate ground to an eligible ward may be considered. 


            Such incapacitated employees, if governed by the Railway Services [Pension] Rules, 1993 will be eligible for pensionary benefits as admissible under the said rules. 


            This issues with the concurrence of the Finance Directorate. 


Copy of Item No. 22/2009 of the DC/JCM  meeting held in August, 2009.


Sub:  Acceptance of voluntary retirement request of totally incapacitated staff with less than 20 years qualifying service – Grant of compassionate appointment to the wards of such incapacitated staff and grant of pension.


            Prior to introduction of The Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation Act, 1995] services of the employees with disabilities, who were totally medically de-categorised, were terminated as per instructions then in vogue and in terms of para 55 of the Railway Servants [Pension] Rules, 1993, invalid pension is granted to the employees having put in more than 10 years qualifying service. 


            However, under the aforesaid Act, Railway employees found completely disabled for further service in any post are continued on rolls as supernumerary and wages are paid to them till they complete 60 years of age.


            There are cases of totally medically de-categorised employees [bed-ridden and unable to move] with less than 20 years of qualifying service.  Such staff intend to voluntarily retire and seek compassionate appointment to their wards. 


            Staff Side desires the Railway Board to take note of the fact that in the above type of situations, employees are paid wages till completion of 60 years of age while their contribution to the system is zero.  Instead of keeping them on rolls, they may be retired on their written consent and their wards be considered for grant of compassionate appointment, thus incapacitated staff may be out of system and young candidates would get inducted who can contribute for the efficiency.  Such retired staff may be granted settlement dues under Rule 55 of  Railway Servants [Pension] Rules, 1993 read with Rule 69[2][b] of the rules or otherwise. 


            Staff Side, therefore urges upon the Railway Ministry to consider the points brought out as above and give decision, allowing retirement benefit and compassionate ground appointment to the wards of incapacitated staff.


Tue, 17/07/2018 - 12:40

If a railway employee is partially decategorised medically & given voluntary retirement with 32 years of service and 6 years service remaining, Is the ward (B.E. Degree Holder) of the employee is eligible for a Group- C appointment ??