AEMG - Alternative Employment on Medical Grounds

 

AEMG - Alternative Employment on Medical Grounds 

• Every employee should always be medically fit for the post he/she is holding.

• If any employee is found medically not fit to hold the present post, he/she should not be continued in that post and should be given an alternative suitable post.

• As it takes some time to identify suitable alternative posts, such employees will be placed in supernumerary posts and will be paid a salary.

• PWD Act: Medically de-categorized employees should be provided alternative appointments in suitable posts in the same grade without monetary loss duly considering the provisions of section 47 of PWD Act 1995.  (Persons with Disabilities Act)

• First, the suitable post should be identified in his/her department.

• If no suitable post is identified, then that employee can be considered for absorption in other departments.

• They should not be absorbed in lower-grade posts even on their request.

• If the employee wants to take voluntary retirement it can be accepted. 

• Committee:  A committee of three officers (Sr.DPO, concerned Dept Officer, and Officer from any other Dept) as nominated by DRM in the division should conduct screening of medically de-categorized employees and suggest suitable alternative posts for them.

• With the approval of DRM, the medically de-categorized employees will be absorbed in the recommended alternative post.

• They can also ask for any suitable alternative post. Their request can be considered if vacancies are available in such posts.

• Absorption in suitable posts should be done expeditiously to avoid wastage of manpower and unnecessary financial implications.

• Typing Test: Medically de-categorized employees on absorption in the clerical cadre are exempted from passing the Typing test.

• 30% of Basic Pay: Pay of Medically de-categorized Running staff on absorption in suitable alternative posts should be fixed by adding 30% of basic pay as an element of running allowance.

• Personal Pay: If there is no Cell equal to that amount, pay should be fixed in the lower cell and the difference in amount should be shown separately as Personal Pay and it will be observed in future increments.

• Security Dept: Medically de-categorized RPF (Railway Protection Force) / RPSF (Railway Protection Special Force) personnel shall be absorbed into the ministerial cadre of the Security Department. If it is not possible due to the non-availability of vacancies, they can be considered in any suitable post in other departments.

• The service rendered in the previous post will always count for all purposes, including fixing seniority in the absorbed post.

• Employees who get recommendations from medical authorities for transfer to other posts on medical grounds will not have the above benefits. Their cases are dealt with under Interdepartmental request transfer rules.

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Reservations in Recruitment and promotions

 

                    Reservations in Recruitment and promotions

By Shri JC Nagaraja Rao, Dy.CPO (Retd)

1. Articles 16 (4), 335, 341 and 342 of the Constitution of India provide for reservations in services in favor of SC, ST and other Socially and Economically backward classes.

2. Article 16 (6) was inserted in the constitution through 103 amendment for providing reservation in favor of economically weaker sections w.e.f 14.01.2019.

3.  Article 16 (4A) provides for reservation in the matter of promotions in favor of SC & STs.

4.  In recruitment reservation is provided for SC, ST, OBC, EWS, PwBD, Ex-servicemen. 

5. In promotions reservation is provided for SC, ST & PwBD only.

6. SC is from either Hindu or Sikh or Buddhist religion. 

7. ST can be of any religion.

8. OBCs will be from the list of castes prepared by the Central Govt.

9. EWS are those who are not eligible for SC,ST & OBC reservation. 

10. The total reservation for all categories should not exceed 50% in each cadre. Cadre means grade/Level. For example Jr Clerks, Sr Clerks, OS & Ch OS are four separate cadres for the purpose of reservations in clerical cadres. 

11. Necessary certificate from competent authority in prescribed form should be submitted to avail reservation. (District Magistrate/District Collector/Revenue Officers not below the rank of Tahsildar & Medical Board)

12. The verification of SC/ST certificates should be done within three months from the date of appointment.

13. Suitable departmental and criminal action will be taken for submission of fake certificates.

14. In recruitment reservation for SC, ST and OBC is 15%, 7.5% and 27% respectively.

15.  In promotions reservation for SC and ST is 15% and 7.5% respectively. No reservation for OBC in promotions.

16. Reservation is post based. Not on vacancy bases.

Example for Post Based Reservation:

Sanctioned posts = 100

Reservation for SC = 100 x 15% =             15

Reservation for ST = 100 x 7.5% = 7.5 ( ie 8 )

Reservation for OBC = 100 x 27% =          27

Total reservation = 50 (15+8+27)

Un-reserved posts = 50

Available SC employees on roll = 10 

Available ST employees on roll = 5

Available OBC employees on roll = 20

Available UR = 40

Total available on roll = 75 (10+5+20+40)

Vacancies = 25 (100-75)

SC   requirement = 15 -10 =  5

ST   requirement =    8- 5   = 3

OBC requirement = 27-20 = 7

UR requirement =    50 -40 = 10

Category wise requirement = 5+3+7+10 = 25

           

Note: Un-reserved vacancies means ‘No reservation’ for these posts. They are filled on merit or on seniority. Anybody ie SC / ST /OBC / UR who is in merit or is senior can be appointed against unreserved vacancies.

17. In direct recruitment, the reserved category candidates who are selected on the same standard as applied to General Candidates will not be adjusted against reserved vacancies.

18.  Only when he/she avails the relaxations in age limit, experience, qualification, permitted number of chances etc will be adjusted against reserved vacancies.

19. In Railway Group-A vacancies are filled by Direct Recruitment through UPSC and by promoting Group-B Officers.

20. Group-B vacancies are filled by promoting Group-C employees through departmental selection. ( 70% promotional Quota & 30% LDCE Quota)

21. Group-C vacancies are filled through Direct Recruitment (through RRB and RRC) and by giving promotion within Group-C ( Selection, General selection, LDCE, GDCE, Trade Test etc)       

22. Separate rosters registers should be maintained for DR, Promotion, LDCE and GDCE.  

23. Reservation rules are not applicable to postings on deputation. 

24. No reservation for single post cadre. The vacancy should be filled by seniority or merit as the case may be.

25. The unfilled posts of SC/ST/OBC should not be de-reserved i.e should not be converted to UR.

26. Such posts should be carried forward to next recruitment year. The same rule applies to promotions also.

27. However, posts can be exchanged between SC and ST if the vacancy could not be filled due to non-availability of candidates of that particular community ( ie SC or ST) in the third recruitment year. 

28. At any given point of time , the rule of maximum 50% quota should be followed on the cadre as a whole and not on the basis of individual recruitment where it may happen that all posts may fall to the share of either SC or ST or OBC due to carry forward rule for unfilled vacancies.

29. Candidates appointed on compassionate grounds should be shown against the appropriate roster point as per his community i.e SC against SC, ST against ST, OBC against OBC and UR against UR.

30. Candidates who are appointed against Sports/Cultural/Scouts & Guides quota should not be shown against SC/ST/OBC reservation points because their selection for appointment is purely on merit in their respective fields.

31. Employees who are rendered surplus and absorbed in alternative posts should be shown against the appropriate roster points as per his community i.e. SC against SC, ST against ST, and UR against UR. If there is no SC/ST point vacant, such surplus staff should be booked against UR point because we should not keep the surplus staff waiting for an alternative appointment for want of SC/ST vacancy.

32. Reservation in recruitment and promotion shall be as per roster. This roster is post based. Not vacancy based. 

33. In the Post Based Roster (BPR)  system, if a vacancy arises in the cadre due to Transfer/Promotion/Retirement/Death etc of SC/ST/OBC employee, that vacancy should be filled only by SC/ST/OBC candidate/employee respectively.

34. The PBR system is applicable in promotions from Group-C to Group-B, within Group-B and Group-B to Group-A. 

35. Reservation for OBC in recruitment:

All OBCs are not eligible for reservation.

Only those coming under Creamy Layer Category in OBC are eligible. 

Candidates whose family annual income is not more than Rs 8 Lakhs come under Creamy Layer category.

The certificate shall be from the local revenue authority not less than Tahasildar.

Age relaxation 3 years.

36. Reservation for Ex-servicemen in recruitment:

10% in Group-C posts & 20% in erstwhile Group-D (Level-1) posts are reserved for them.

Should have put in 15 years service in Army/Air force/ Navy and has passed Army Class-I certificate or equivalent. 

Age relaxation: 15 years.

37. Reservation for PH candidates in recruitment and promotions:

According to Right of persons with disabilities Act 2016, 4% reservation in recruitments and promotions should be provided to physically handicapped persons who are suffering from the following:

1. Blindness and low vision

2. Deaf and hard hearing

3. Locomotors disability (including cerebral palsy, Leprosy cured, dwarfism, acid attack victims and muscular dystrophy).

4. Autism intellectual disability, specific learning disability and mental illness.

5. Multiple disabilities from among (a) to (d) above including deaf and blindness

Note: The minimum disability should be 40%.

Distribution of 4% reservation is as under:

For category (a) above – 1%

For Category (b) above – 1%

For Category (c ) above- 1%

For categories (d) & (e) above – 1%

Railways can exempt any post/cadre from the above reservations for PwD candidates.

Necessary Certificate from competent Medical Board constituted by Central/State Govt should be obtained and produced.

Age relaxation is 10 years . 

38. Reservation for Economically Weaker Section candidates:

EWS reservation is only for General category candidates (i.e Those not eligible for reservation under SC/ST/OBC communities.)

10% reservation in Un-reserved vacancies.

No age relaxation.

EWS certificate from State Revenue Authorities not lesser than Tahasildar.

Gross annual income of a family is not more than 8 Lakh rupees in a financial year.

Family shall not own 5 acres of agricultural land and above, Residential flat of 1000 Sq ft and above, Residential plot of 100 Sq Yards and above in areas notified municipalities and Residential plot of 200 Sq Yards and above in areas other than notified municipalities. 

39. Reservation for Course Completed Act Apprentice:

20% of vacancies in Level-1 posts (Erstwhile Group-D posts in GP 1800/-)

Should have undergone training in Railway Establishments and 

Should have a National Apprentice Certificate issued by National Council of Vocational Training (NCVT). 

40. Reservation for Minorities:

4.5% of OBC vacancies are to be filled by Minorities. 

To avail the benefit of reservation, the person should be belonging to Minority Community as defined in Section 2 ( C ) of the National Commission for Minorities Act 1992 and his caste/community should have been included in the notified list of OBCs. 

 

41. Vertical and Horizontal Reservation:

Vertical Reservation means reservation for  SC/ST/OBC(NCL)/UR.

Horizontal Reservation means reservation for  PH/EWS/Ex-servicemen/CCAA.

42. UR = UR(merit) +PH(merit) +EWS((merit) + Ex-servicemen(merit)

SC = SC + PH(SC) + Ex-Servicemen (SC)

ST = ST + PH (ST) + Ex-Servicemen (ST)

OBC = OBC + Minority (OBC) + PH (OBC)  + Ex-servicemen(OBC)

 

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OTA - Over Time Allowance - Workshops and Otherthan Workshops

  

OTA - Over Time Allowance - Other than Workshops

• What is the Over Time Allowance  - When the staff is required to work extra hours they will be compensated by payment of Over Time Allowance. 

 

• OTA stands for Over Time Allowance 

 

• The ordinary rate of pay means Basic Pay + DA

 

• The ordinary rate of pay means Basic Pay + DA + 30% of basic pay in the case of Running Staff.

                               OT Work  - No of times of Ordinary Rate of Pay 

Over Time Work done	No of times of Ordinary Rate of Pay
Between the limits of Roster Hours & the Statutory limit	1 ½ times
Beyond the Statutory limit	2 times

 

OTA - Principles of Averaging - Applicable to: 

1. Running Staff 

2. Operating Staff 

3. Shift workers 

4. Workers whose work is connected with the work of the above 3 categories  

 

Principles of Averaging:  

Categories / Averaging	Not applicable	1 week	2 weeks
	Office clerks Erstwhile Group D staff in Offices (excluding Station & Shed staff)  Trackmen (Eng. Dept)  Works staff (Eng. Dept)  Store staff (excluding Store van clerks)	Other Essentially Intermittent	Intensive  Continuous Essentially Intermittent (Gateman, Caretakers, Saloon Attendants etc)

• Rest Days - OTA not eligible 

 

• Rest Days - Beyond Roster hours - OTA is eligible.  

 

• For foregoing the Rest, they are eligible for CR (Compensatory Rest)  

 

• The hourly rate of OTA will be worked out on the basis of roster hours over the relevant averaging period as under: 

Hourly rate of pay for staff governed by Averaging Principal =	Period of averaging No. of roster hours of work in the averaging period	X	1/30 of the monthly ordinary rate of pay
Hourly rate of pay for those not governed by Averaging Principal =	1 No. of daily roster hours of work	X	1/30 of the monthly ordinary rate of pay

  

OTA - Over Time Allowance - Workshops  

• Sources: 1. Chapter 3 of Rolling Stock Code (Paras 325 to 329)  2. Section 59 of the Factories Act, 1948 

 

• OTA stands for Over Time Allowance

 

• Avoid OT: Ensure the Outturn, by Long-term planning and day-to-day activity planning in Workshops.   

 

• OT booked - Very exceptional and urgent circumstances only. That too after exploring the possibility of rescheduling jobs that are urgent ahead of those not so urgent.  

 

• Workers in OT - Should also “Punch in and Punch out” in the GA system (Gate Attendance system) 

 

• No OT - Sections where Incentive schemes exist 

 

• Prior Sanction of CWM (Chief Works Manager) is required to book OT 

 

• OT Requisition - M 326 - Two copies.  One copy to Time Office.  Second copy to Accounts office. 

 

• The number of OT hours booked with reasons - Put up to HOD/PHOD at Hqrs for approval.  

 

• OT worked in One week should not be counted against ‘Short’ time worked in another week.  

 

• OT Booking - under the supervision of not less than JE (Junior Engineer)  

 

• OT Booking - Not for less than Half an Hour. 

• OT Calculation -  Daily basis or Weekly basis 

• OTA - 2 times the Ordinary Rate of Wages 

 

• OTA - Single Rate - For staff sent out from the Workshop on duty.  Since DA (Daily Allowance) and OTA are given for different set of conditions, both these types of payment should be made provided the conditions prescribed are satisfied in each case  

• Ordinary Rate of Wages:  

Includes: 1. Wages 2. DA 3. HRA 4. Cash equivalent of the benefits i.e., concessional sale to workers of food grains & other articles 

  

Excludes: 1. Bonus

 

• OT eligible -  1. More than 9 hours in a day   2. More than 48 hours in a week.  

 

• OTA - Supervisory staff eligible  

• OT Calculation - Rounding Off 

• Less than 30 minutes - ignored 

• 30 minutes to 60 minutes - counted as an Hour.  

 

• OTA - No of hours worked beyond shop hours x 1/208th of Pay + DA  

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