Dear esteemed readers Please Guide:-
Vide Rly Bd's letter No E(NG)II/2006/RC-1/Genl./11 dated 15.1.2007 Administration cannot retire a medically totally incapacitated employee automatically. However, if the employee himself /herself opts for retirement, he/she may be allowed to do so.this is in consonance with the section 47 of the PWD Act-1995.
Similarl;y Vide RBE no 107/2017 Rly Bd issued guide line that it has been decided that whenever a Railway servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section 47 of PWD Act, 1995. In case the provisions are applicable, the Railway servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits.
In case a disabled Railway servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with under the provisions of the Section 47 of PWD Act, 1995. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per applicable rule.
Now the querry is/are:-
1) Whether 20 yrs mini.qulifying serivce is required before VR is accepted.
2) whether such employee has to attend the office (if he is continuing in supernumerary post) for drawal of salary.
3) If VR is accepted with less than the qualifing service then no pension is payable.and etc.......
4) any other answers the readers may wish to add
(Please substantiate with RBE or copies of circulars so that I can deal such cases further)