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09/05/2010

The Central Administrative Tribunal (CAT) has, after 41 years, directed the Northern Railway to pay all arrears to a widow of its employee, who died in an accident, within a month

Relief for widow after 41 years
Sonika Bhatia
Tribune News Service

Chandigarh, May 5
The Central Administrative Tribunal (CAT) has, after 41 years, directed the Northern Railway to pay all arrears to a widow of its employee, who died in an accident, within a month.

Pinja Ram, who was working as a fireman from 1967 to 1969 with the Railways, died on January 11, 1969. The Railways had, so far, failed to provide her with a family pension and other pensionary benefits. Rampyari, a resident of Kangra district, had approached the tribunal for seeking family pension, DCRG and other retrial benefits permissible under the law.

The Railways has been asked to grant the family pension under the Rule 75 of the Railway Services (Pension) and Gratuity or any other provision in its rules.

In its reply, the Northern Railways submitted that Pinja Ram was appointed as a temporary shed cleaner on February 1, 1967. He was also put to officiate as fire man ‘C’ but was neither confirmed as the shed cleaner nor as the fire man ‘C’. It admitted that Pinja died in an accident during the course of his employment and they had paid the terminal dues towards death gratuity to his family. The department also claimed that they had passed PF assets along with Rs 7,000 as compensation in view of the fact that Pinja had died during the course of employment.

Regarding the payment of family pension and other retrial benefits, the Railways claimed that according to their contention Rampyari is not entitled to these benefits as her husband did not work with the department for at least 10 years so as to entitle her for granting the family pension.

The Bench comprising Shyama Dogra and Khushiram observed, “It is a hard case where the value of the Railway servant on his death in harness due to an accident has been fixed and paid to the applicant in terms of petty amount of less then Rs 100 as the death gratuity and Rs 7,000 as death compensation.”

“It is painful to note that neither in the statement nor through arguments addressed by the counsel for the Northern Railways, this court was apprised of the fact that there is a provision under the Family Pension Rules of the Railways to grant family pension in such cases. We deprecate such practice adopted by the Railway to withheld vital legal information from the court,” the order read.

“It is further relevant to say that these schemes or rules are framed for benevolent purposes to give some solace to the dependents of the deceased employee but the Northern Railways authorities have withheld these provisions to thwart the applicant’s claim. In such cases, respondents should have taken steps to provide immediate financial assistance to the applicant as per rule,” it added.

“To impart justice in a fair manner, we have taken judicial notice of the Rule 75 of the Railway Services (Pension) Rules, 1993, regarding the family pension schemes, under which when a railway employee dies after the completion of a year of continuous service, the family of deceased is entitled to receive the family pension,” the order read.

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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.