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Hiralal M. Khatik v. Central Railway

Date : 16/07/2010

Case No. 3230/2006, Chief Commissioner of Persons with Disabilities

Section 47 – Railway Employee injured while on duty  declared medically unfit to work  employee made to leave service and paid compensation in terms of the provisions of the Railway Manual  Railways directed to create a supernumerary post and adjust dues paid to employee in terms of the order

The Complainant, an employee with the Central Railways, was left with a locomotor disability due to an accident while on duty. The Medical Board declared him medically unfit for all classes in Indian Railway Service. According to the Indian Railway Establishment Manual (IREM) if a railway servant were declared totally incapacitated for further service, he could not be retained in service and therefore was not eligible for alternative employment. The Complainant left the Respondent’s service and was paid his statutory dues and compensation. The Complainant filed a complaint before the Chief Commissioner of Disabilities requesting that his case be re-examined as per the provisions of Section 47 of the Persons with Disabilities Act, 1995. The Respondents were directed to show cause as to why the Complainant should not be retained in service and why the provisions of Indian Railway Establishment Manual should not be brought in line with the mandatory provisions of Section 47 of the Act.

The Complainant was directed to be reinstated in a supernumerary post of appropriate level created for the Complainant. The Complainant was directed to return the amount paid to him on account of death-cum-retirement gratuity, leave salary and provident fund or have the same adjusted at the time of his superannuation. The Respondent was also directed to regularise the Complainant’s period of employment under the rules.

The Railways thereafter sought to demand his retirement dues back from him before taking him back in employment. However subsequent to correspondence and a legal notice sent to the Railways, Shri Khatik was finally reinstated and his period of employment regularised.

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