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Showing contexts for: disability in Shyam Pyare Yadav vs Union Of India on 25 May, 2015Matching Fragments
15. Further, the Government of India has already enacted The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 to safeguard the interests of any employee who acquires disability during his service. The said act is equally applicable for the employees of the Railways. Section 47 of the said Act reads as under:-
47. Non-discrimination in Government Employment - (1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service:
16. Moreover, the Railways themselves have their separate statutory rules to protect the disabled/medically decategorised employees of any particular post. They are given alternative employments. The relevant rules in Chapter XIII of the Indian Railway Establishment Manual Volume-I are reproduced as under:-
CHAPTER XIII Absorption of disabled/medically decategorised staff in Alternative Employment 1301. A Railway servant who fails in a vision test or otherwise by virtue of disability acquired during service becomes physically incapable of performing the duties of the post which he occupies should not be dispensed with or reduced in rank, but should be shifted to some other post with the same pay scale and service benefits.
1302. Classification of Railway Servants declared medically unfit - Railway servants acquiring disability during service and declared medically unfit are divisible into two groups:-
i. Those completely disabled for further service in any post in the Railway, i.e. those who cannot be declared fit even in the 'C' medical category; and ii. Those disabled/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.
(Authority: Ministry of Railway?s letter No. E(NG)I-2004/RE-3/9 dt. 7.12.2005.) 1304. Disabled Medically decategorised staff to be absorbed in posts they can adequately fill: - In the matter of absorption of disabled/medically decategorised staff in alternative posts, Railway administrations should take care to ensure that the alternative employment offered is only in posts which the staff can adequately fill and as far as possible should broadly be in allied categories where their background and experience in earlier posts could be utilised. While finding alternative posts for absorption of disabled/medically decategorised staff, the Railway Administration should ensure that the interests of other staff in service are not adversely affected and no reversion of any officiating Railway servant is made to absorb the disabled/medically decategorised staff. For this purpose, attempts should be made to absorb the disabled/medically decategorised Railway servant not only within the Unit/Division or Department, but in other Unit/Division or Department.