Alternative employment in railways

Vinod (Querist) 16 April 2018 This query is : Resolved
Hello sir,

I have selected as asst loco pilot in railways in 2016. I have under gone medical standard A1 to clear medical exam.

After my appointment in the same year 2016, I got my knee injured on duty. I was operated for knee ligament correction.
I was fine.
Now when again I was put to work, I could not able to perform the pilot duties effectively, due to knee pain problems like climbing the engine repeatedly.

So can I request for alternative employment in railways.?
Or any procedure do I must carry out?
Any similar cases like me,?

Kindl6 reply

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Harish M (Querist) 16 April 2018 This query is : Resolved
Subject matter on information sought: It was informed through written statement by College authorities in Consumer complaint No..... (Please reproduce verbatim all the CA statements made by them)

Information solicited:
1.Please provide documents / data -the basis on which above statements are made in a consumer forum against the applicant.
2.Please provide the name of the concerned employee that drafted or agreed for the draft .
3.Please provide relevance of those personal allegations in Consumer complaint which was filed on deficiency of services as written statements gives wrong signals that Colelge need not provide services, if there are some other false allegations against the consumer.
4.Please provide certified copies of those remarks / office notes showing action taken on those complaints / allegations by college authorities till now.

My problem here:

Read more at: http://www.lawyersclubindia.com/forum/Character-assasination-in-consumer-court-reply-176307.asp

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Guest (Expert) 16 April 2018
Can Mr. Harish M clarify, what is the relevance of his post about consumer complaint or character assassination of Mr. Harish M with respect to the present query about alternative employment in railways.of Mr. Vinod?

Guest (Expert) 16 April 2018
Alternative employment in Railways depends upon the recommendation of the competent medical authorities of Railway Hospital.

Ms.Usha Kapoor (Expert) 16 April 2018
Agree with Mr. Dhingra. Also in many such Govt or Public sector organizations if the employee bec0mes disabled during the course of employment and becomes incapacitated to carry on his original work the employer is assigning him a different post in the same organization which doesn't involve stress and strain of his previous work.

Sudhir Kumar, Advocate (Expert) 16 April 2018
Fully agreed with experts aboive.

I would further elaborate the rule position:-

The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995

Section 47. Non-discrimination in Government Employment –

(1) No establishment shall dispense with, or reduce in rank, an employee who acquires a disability during his service: Provided that, if an employee, after acquiring disability is not suitable for the post he was holding, could be shifted to some other post with the same pay scale and service benefits: Provided further that if it is not possible to adjust the employee against any post, he may be kept on a supernumerary post until a suitable post is available or he attains the age of superannuation, whichever is earlier.

(2) No promotion shall be denied to a person merely on the ground of his disability: Provided that the appropriate Government may, having regard to the type of work carried on in any establishment, by notification and subject to such conditions, if any, as may be specified in such notification, exempt any establishment from the provisions of this section.

Vinod (Querist) 16 April 2018
Dear sir,
Thanks for suggestion.

But railway doctor are still not deciding to give alternate employment..?
Actually I had ACL & meniscus surgery on my knee approximately 1 year ago.
I am not able to bend my knee completely for repeatedly which my previous work demands.
Kindly advice me sir.

Vinod (Querist) 16 April 2018
Any similar legal issues had occurred previously??

Vinod (Querist) 17 April 2018
Kindly suggest sir.

rajeev sharma (Expert) 18 April 2018
Mr. Vinod it is not a legal issue but it is a medical issue. If your railway doctor is not ready to give such medical certificate get your case referred to some expert to a referral hospital of railway

Ms.Usha Kapoor (Expert) 18 April 2018
Dear Mr.Harish,
You've drafted your consumer complaint very well. But engage a good lawyer.to conduct court proceedings.But you 've not mentioned refund, character Assassination Damages and compensation.You incorporate them as well.

P. Venu (Expert) 18 April 2018
How is your services regulated at present?

Vinod (Querist) 18 April 2018
Hello sir,

Railway medical superintendent says that my category is running staff , so there is investment in training for work .
So he cannot provide for alternative employment.
But for me, due to operation on my knee, I cannot work as normal because of pain.

Is there is Any suggestion from you sir.

Vinod (Querist) 19 April 2018
Hello sir, could you please help.

Vinod (Querist) 20 April 2018
Kindly reply sir.

Ms.Usha Kapoor (Expert) 10 June 2018
I stick to my above legal opinion.

Guest (Expert) 10 June 2018
Suggestion has already been given. It was for you to understand. However, to make it clear, approach the Medical Officer of the Divisional Railway Hospital and get recommendation from him after your thorough check up.

P. Venu (Expert) 11 June 2018
You have still not informed whether you are still made to work as a loco pilot and are you still performing the tasks as assigned? If not, have you been applying for leave and are the leaves,so applied, sanctioned? If not, how your absence from duty is regulated?

Alternative employment in railways

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