Railway Services (Liberalised Leave) Rules, 1949 - Part 3C
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Railway Services (Liberalised Leave) Rules, 1949
Part – 3C
Grant and Return from Leave
521. Grant of leave on Medical Certificate to Group 'C' & 'D' Railway servants:
(1) Subject to the provisions contained in sub-rule (2) to (5) of rule 520, an application for leave on medical certificate made by a railway servant in Group C and Group D shall be accompanied by a medical certificate given by a Railway Medical Officer, defining as clearly as possible the nature and duration of the illness.
(2) When a Railway servant residing outside the jurisdiction of a Railway Medical Officer requires leave on medical certificate he should submit, within 48 hours, a sick certificate from a registered medical practitioner. Such a certificate should be, as nearly as possible, in the prescribed form as given in Annexure III, and should state the nature of the illness and the period for which the Railway servant is likely to be unable to perform his duties. The competent authority may, at its discretion accept the certificate or, in cases where it has reasons to suspect the bonafides, refer the case to the Divisional Medical Officer for advice or investigation. The medical certificate from registered private practitioners produced by Railway servant in support of their application for leave may be rejected by the competent authority only after a Railway Medical Officer has conducted the necessary verifications and on the basis of the advice tendered by him after such verification.
Note: Ordinarily, the jurisdiction of a Railway Medical Officer will be taken on cover Railway servant residing within a radius of 2.5 Kilometres of Railway hospital or health unit to which the doctor is attached, and within a radius of one kilometre of a Railway station of the doctor's beat.
Railway Ministry's Decision-1: Where a Railway employee remained on medical leave up to and including 3 days duration and reported back for duty with a fitness from the medical practitioner, he may be allowed to join duty without obtaining fitness certificate from the Railway Medical Officer subject to the conditions that the employee furnished a declaration that he had not suffered during this period from any eye disease. In the other cases where the duration of the sickness is more than 3 days, the railway employee should be put back to duty within 24 hours on his producing fitness certificate from a private medical practitioner, provided he is found fit by the competent railway medical officer. In case there is any delay beyond 24 hours in obtaining the fitness certificate from the competent Railway Medical Officer, the employee concerned will be deemed to have been put back to duty within 24 hours of his producing the Medical Certificate of the Private Medical Officer. [Refer: Rly. Ministry's letter No. E(G)78LE 1-17 dt.18-1-1979]
Railway Ministry's Decision-2: With a view to preventing misuse, the Railway administration may withdraw for specified periods (From 1st April to 30th June in Summer, from 1st October to 15th November during Diwali and when mass sick reporting is contemplated by staff of any department) the privilege of acceptance of medical certificate from Registered Medical Practitioners for grant of Medical Certificate to Group C and Group D Railway servants. [No. E(G)72LE-1-11 dt 28/09/1972]
522. Leave to a railway servant who is unlikely to be fit to return to duty:
(1) (a) When a medical authority has reported that there is no reasonable prospect that the railway servant will ever be fit to return to duty, leave shall not necessarily be refused to such Railway servant.
(b) The leave may be granted, if due, by the authority competent to grant leave on the following conditions:
(i) if the medical authority is unable to say with certainty that the railway servant will never again be fit for service leave not exceeding twelve months shall may be granted and such leave shall not be extended without further reference to a medical authority;
(ii) if a railway servant is declared by a medical authority to be completely and permanently incapacitated for further service, leave or an extension of leave may be granted to him after the report of the medical authority has been received, provided the amount of leave as debited to the leave account together with any period of duty beyond the date of the report of the medical authority, does not exceed six months.
(2) A railway servant who is declared by a medical authority to be completely and permanently incapacitated for further service, shall-
(a) if he is on duty, be invalidated from the date of relief of his duties, which could be arranged without delay on receipt of the report of medical authority. If, however, he is granted leave under para (1) above he shall be invalidated from service on the expiry of such leave; and
(b) if he is already on leave, be invalidated from service on the expiry of that leave or extension of leave, if any granted to him under sub-para(1).
(3) A railway servant who fails in vision test or otherwise becomes physically incapable of performing the duties of the post which he occupies but not incapable of performing other duties shall be granted leave in accordance with ordinary rules subject to the proviso that where the railway servant has not got six months leave to his credit, his leave shall be made up to six months by the grant of extraordinary leave.
If an alternative employment cannot be found for such a person within a period of leave granted as above , his service shall not be terminated but his leave shall be extended by the grant of extraordinary leave, subject to the condition that the total amount of extraordinary leave to be granted to the Railway servant does not exceed six months.
Railway Board's decision: The medically decategorised Railway employee waiting for absorption in alternative post may be allowed to commute the period of LHAP on production of medical certificate, subject to certification that the employee is not fit to hold the post from which he proceeded on leave. The commutation will, however, be admissible only up to the stage that an alternative post is offered to him byt he administration.
Refer: Rule 522(3) amended vide Railway Board's letter No. E(G)88/LE-1-3 dated 31-01-89 i.e. ACS-10/R-I
Railway Board's decision: Inserted vide Railway Board's letter No. E(G)92/LE-1-6 dated 30-11-94 i.e. ACS-32/R-I
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