ups_00750 — A medically decategorized Loco Pilot (Shunter in this case) is entitled to all service benefits including 55% of the basic pay to be reckoned as running allowance for the purpose of fixing his pension if he voluntarily retires on medical decategorization

A medically decategorized Loco Pilot (Shunter in this case) is entitled to all service benefits including 55% of the basic pay to be reckoned as running allowance for the purpose of fixing his pension if he voluntarily retires on medical decategorization — This chunk pertains to an original application (O.A. No. 180//00266 of 2014) concerning a Loco Pilot who was medically decategorized and opted for voluntary retirement. The individual was deprived of... — Facts: The Applicant herein was medically decategorized by Communication, dated 30-9-2013 while working as Loco Pilot (Shunting). His ophthalmic condition is Bee-One and below (visual) category with glass. He, by various letters prayed for permitting him to voluntarily retire and was not willing to take up alternative appointment. On 4-11-2013, he was fitted against a supernumerary post with effect from 30-9-2013, the date on which he was medically decategorized pending alternate appointment. The letter, dated 4-11-2013 is reproduced for clarity. But within 3 days of his posting in supernumerary posts, the Respondents issued an office order accepting his request for voluntary retirement informing that his services stand terminated on 8-11-2013. Applicant submitted a request, dated 18-12-2013 opting in terms of Rule 17

(ii) of Pension Rules. On 5-11-2013, the Respondents accepting his voluntary retirement on medical de-categorization fixed his pay on medical decategorization. On 22-1-2014, the Respondents issued the pension payment advice depriving him of all the benefits of a Nursing staff on the date of his voluntary retirement. Aggrieved by that, the Applicant filed this OA to quash the pension payment advice so far it fixes the Applicant pension as if he was a non-running staff on the date of his voluntary retirement, i.e. 8-11-2013 with a prayer to refix his pension and other retirement benefits as if the Applicant was a running staff on the date of voluntary retirement i.e. 8-11-2013 and to grant all consequential benefits within a time-bound frame. The Tribunal heard both sides. In an identical case in O.A. No. 272 of 2014 of the Ernakulam Bench, the Applicant therein is entitled to be treated as enjoying all service benefits including 55% of basic pay to be reckoned as running allowance for the purpose of calculation of his pay for the pension. The reasoning given in O.A. No. 180/272 of 2014 disposed of on 1-10-2014 broadly adopted by the Tribunal for arriving at such a decision. Paras. 4, 5 and 17

(i) and

(ii) are reproduced for clarity. In the present case, the Applicant has opted for the provision in Rule 17

(ii) above. Railway Board's letter, dated 5-10-2011 gives instruction to fixation of pay of medically decategorized person while kept on supernumerary post which is reproduced fully in the judgment. The letter, dated 5-10-2011 concludes that "when a running staff is medically decategorized, he is placed in a supernumerary post and his pay is fixed after adding 30% pay element from the date he was medically decategorized. If such an employee who is no more a running staff retires voluntarily or on superannuation, his entitlement should be done without any further reckoning of pay element. If the disability of low vision is acquired by an employee during his service, the Railway servant gets protection of the mandatory Section 47 of PWD Act, 1995. That Section 47 of PWD Act is reproduced. The said Section 47 of the Act under Para. 15 is reproduced which is the analysis by the Tribunal: "15. Therefore the Tribunal is not inclined to accept the contention of the Respondents Railway. The Respondents are directed to consider the case of the Applicant as if he was serving Loco-Pilot (Mail) with all available service benefits including 55% basic pay to be reckoned as running allowance for purpose of calculation of his pay for his the pension. The Respondents shall consider refixing of his pension in the light of the law as stated in this order. This exercise shall be completed within two months from the date of the receipt of a copy of this order". In Section 47 of the Act 1995, there is proviso under 47 (1) which reads as below:-\" "47 (1) .......

Provided that if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with "the same pay scale and service benefits". This proviso supports the "15" extracted above. Taking into account the identical situation in this OA, the Tribunal is inclined to allow this OA.