North Block, New Delhi

Dated the 6th June, 2014

Sub: Posting of Government employees who have differently abled dependents – reg. 

There has been demand that a Government employee who is a care giver of the disabled child may not have to suffer due to displacement by means of routine transfer/rotational transfers. This demand has been made on the ground that a Government employee raises a kind of support system for his/her disabled child over a period of time in the locality where he/she resides which helps them in the rehabilitation.

2. The matter has been examined. Rehabilitation is a process aimed at enabling persons with disabilities to reach and maintain their optimal physical, sensory, intellectual, and psychiatric or a social functional level. The support system comprises of preferred linguistic zone, school/academic level, administration, neighbours, tutors/special educators, friends, medical care including hospitals, therapists and doctors, etc. Thus, rehabilitation is a continuous process and creation of such support system takes years together.

3. Considering that the Government employee.who has disabled child serve as the main care giver of such child, any displacement of such Government employee will have a bearing on the systemic rehabilitation of the disabled child since the new environment/set up could prove to be a hindrance for the rehabilitation process of the child. Therefore, a Government servant who is also a care giver of disabled child may be exempted from the routine exercise of transfer/rotational transfer subject to the administrative constraints.
The word ‘disabled’ includes

4. Upbringing and rehabilitation of disabled child requires financial support. Making the Government employee to choose voluntary retirement on the pretext of routine transfer/rotation transfer would have adverse impact on the rehabilitation process of the disabled child.

5. This issues with the approval of MoS(PP).

6. All the Ministries/Departments, etc. are requested to bring these instructions to the notice of all concerned under their control.

sd/-

(Debabrata Das)

Under Secretary to the Govt. of India

Source: www.persmin.gov.in

[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/42011_3_2014-Estt.Res.-06062014.pdf]

No. E(NG)I-2008/RE-3/4

New Delhi, dated 30.04.2013

The General Managers (P)

All Indian Railways and

 Production Units.

(As per standard list).

Sub:- Fixation of pay of disabled/medically unfit running staff on being appointed against alternative (stationary) posts in revised (6th CPC) pay structure. 

Reference Railway Boards letter No.E(NG)I-96/RE-3/9(2) dated 29.04.1999 containing procedure for absorption of disabled / medically unfit Railway servant in alternative employment, framed pursuant to the enactment of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act-1995.

2. Consequent upon Implementation of revised pay structure inter-alia involving merger of various pre-revised scales and comprising running Pay bands and Grade Pay based on recommendations of 6th Central Pay Commission, a question has arisen regarding methodology for fixation of pay of medically unfit running staff on being posted/appointed against stationary posts. The matter has, accordingly, been considered by the Ministry of Railways recommendations of a Committee constituted for the purpose; it has been decided that while determining pay in Pay Band for the purpose of fixation of pay of medically unfit running staff in alternative (stationary) post, an account equal to such percentage of basic pay (pay in Pay Band + Grade Pay) representing pay element of running allowance as may be in force from time to time may be added to the existing pay in Pay Band and the resultant figure (ignoring the fraction of rupee, if any) rounded off to the next multiple of 10, would be the pay in the pay band in the alternative post with no change in the Grade pay of substantive post, in suitable alternative post. An illustration in this regard is enclosed as Annexure-I.

3. For this purpose, Para 1307 and 1308 of Indian Railway Establishment Manual, Volume-I, (Revised Edition-1988) First Re-print Edition-2009 may be amended as per Advance Correction Slip No.224 enclosed as Annexure-II.

4. This issues with the concurrence of Finance Directorate of Ministry of Railways.

Please acknowledge receipt.

Hindi version will follow.

ANNEXURE – I

Illustration :

(i) Present Pay : Rs.12470 + Rs.4200    =  Rs.16,670

Add 30% pay element Rs.5010 i.e.       =  Rs.5010

Pay fixed in alternative post would be    = Rs.17480 + Rs.4200

(ii) Present Pay : Rs.7950 + Rs.1900    =  Rs.9850

Add 30% pay element Rs.2955 i.e.      =  Rs.2960

Pay fixed in alternative post would be    = Rs.10,910 + Rs.1900

Note : # At present the rate of pay element of running allowance being 30% of basic pay.

ANNEXURE – II

Chapter-XIII : Absorption of disabled/medically unfit staff in alternative employment.

1. Substitute the following fo rthe existing paragraph 1307 :

1307 : Reckoning of element of Running Allowance for the purpose of fixation of pay of disabled/medically unfit running staff : While determining pay for the purpose of fixation of pay of medically unfit running staff in an alternative (stationary) post, an amount equal to such percentage of basic pay representing the pay element of running allowance as may be in force from time to time, may be added to the existing pay in Pay Band and the resultant figure (ignoring the fraction of rupee, if any) rounded off to the next multiple of 10 would be the pay in the pay band in the alternative post with no change in the Grade Pay of substantive, post, in suitable alternative post.

2. Substitute the following for the existing paragraph 1308 :

1308 : Fixation of Pay (other than Running Staff) : The pay in Pay band of the disabled/medically unfit Railway servant (other than Running Staff) will be fixed in the alternative post as previously drawn in the post held by them on regular basis before acquiring disability.

Source: NFIR