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14/06/2009

Dismissed railway employee gets justice after three decades!

Dismissed railway employee gets justice after three decades!

New Delhi, May 29 (IANS) It took nearly three decades for Gyan Chand Chattar to get justice. Chattar, a cashier with Western Railway, was thrown out of his job for travelling first class in a train despite not being entitled. The Supreme Court has ordered the central government to pay 50 percent of his pay and allowances till the age of his retirement.

Empathising with the plight of the dismissed railway employee, a bench of Justice Mukundkam Sharma and Justice B.S. Chauhan said Thursday: “Today, the situation has become worse. About three decades have elapsed; Chattar has not been paid his salary since the date of his suspension on Nov 11, 1980.”

“It is in the interest of justice that his mental agony and harassment should come to an end,” the bench said.

The court directed the central government to “pay fifty percent of Chattar’s pay and allowances without interest till he reached the age of superannuation and arrears of his retiral benefits with nine percent interest to him within three months”.

The railway authorities had suspended Chattar in November 1980 and then dismissed him from service May 1981 following an enquiry. He was indicted for unauthorised travel in the First Class compartment and for playing cards with Railway Protection Force jawans while travelling, thus “acting extremely irresponsibly”.

But the appellate authority November 1981 reduced his punishment from dismissal to demotion to the post of clerk in a lower pay scale.

Chattar moved the Gujarat High Court in 1982. A single bench of the high court concluded that the railways had failed to prove all the charges against him and, accordingly, ordered it to impose only minor punishment on him.

The railways, however, moved a division bench of the high court against its single judge’s bench order in 1983.

The division bench took 20 years to decide the matter and finally in May 2003, set aside the order regarding imposition of minor penalty on Chattar and directed that he be paid 50 percent of the back-wages with all consequential benefits including retiral benefits.

The railway challenged the division bench verdict in the apex court, which said, “initiation of the enquiry against the respondent (Chattar) appears to be the outcome of anguish of superior officers as there had been agitation by the railway staff”.

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PME Due Date

Master Circular No. 25



Copy of Railway Board’s letter No. 69/H/3/11 dated 06.12.1974



Subject: Implementation of the Recommendations of the Visual Sub-Committee.



6. Periodical re-examination of serving Railway Employees:



6.l. In order to ensure the continued ability of Railway employees in Classes A l, A 2, A 3, B l and B 2 to discharge their duties with safety, they will be required to appear for re-examination at the following stated intervals throughout their service as indicated below:



6.1.1. Classes A l, A 2 and A 3 —At the termination of every period of three years, calculated from the date of appointment until they attain the age of 45 years, and thereafter annually until the conclusion of their service.



Note: (l) The staff in categories A l, A 2 and A 3 should be sent for special medical examination in the interest of safety under the following circumstances unless they have been under the treatment of a Railway Medical Officer.



(a) Having undergone any treatment or operation for eye trouble irrespective of the duration of sickness.



(b) Absence from duty for a period in excess of 90 days.



(2) If any employee in medical category A has been periodically medically examined at any time within one year prior to his attaining the age of 45, his next medical examination should be held one year from the due date of the last medical examination and subsequent medical examination annually thereafter.



If, however, such an employee has been medically examined, at any time earlier, than one year prior to his attaining the age of 45, his next medical examination should be held on the date he attains the age of 45 and subsequent medical examination annually thereafter.




Ammendment: It was ammended in 1993 as below



Age Group PME Due



Age 00-45 every 4yrs



Age 45-55 every 2yrs



Age 55-60 every year
Details:-
As per Rly Bd's Guideline of Medical Exam issued vide LNo. 88/H/5/12 dated 24-01-1993

a) PME would be done at the termination of every period of 4 years from date of appointment / Initial medical Exam till the date of attainment of age of 45 years, every 2 years upto 55 years & there after annual till retirement.
b) Employees who has been periodically examined at any time within 2years prior to his attaining the age of 45years would be examined after 2years from the date of last PME & subsequent PME for every 2years upto 55years age.Of

NRMU 4 you
SMLokhande





6.1.2. Classes B-1 and B-2—On attaining the age of 45 years, and thereafter at the termination of every period of five years.