Retirement From PSU After Attending The Age 50 In Case Medically Unfit

  • Created Date09 Jan, 2019
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I am working in a PSU in india as Manager (Mechanical) . I have a little knowledge about HR. I was going to resign from my job due to various physical and mental issues, when I came to know about the provision of Pre-Mature Retirement in the "General Terms and Condition of Service" after attending the age 50 yrs. Criteria for the same a) Inefficiency b) Doubtful Integrity c) Medically Unfit

An officer shall be considered as Medically Unfit if :-

(i) he has been continuously on leave on medical grounds for a period of 12 weeks (including Saturdays, Sundays and holidays)
(ii) he has been on leave on medical ground for a total period of 120 days during a period of six months.
(iii) though attending duties if found mentally deranged, the HOD may refer the employee to a medical board for medical check-up and report about - the disease he is suffering - disease is infectious / contagious - diseses is curable / incurable - if curable, then whether the person is likely to be fit to resume his normal duties within a period of 12 months

My age was 51 in 2016. I decided to avail retirement benefits and applied for leave on medical ground along with doctor's advise for rest. I applied for extension of leave twice along with doctor's prescription and remained on continuous leave for 15 weeks (105 days). 

My leave was sanctioned by my reporting officer. I joined my duty and applied for Pre-Mature retirement in March, 2016 on the basis of the provision in General Terms and Condition of Service fulfilling the criteria to be medically unfit in the clause (i) and a self unfit declaration along with my Treatment Records. 

It may be noted that I am not asked for a medical fitness certificate while joining my duty.

Being the first case in the company, HR took a long time to decide on the matter. Finally HR approached the CMO of the District to constitute a medical board for my health check-up.Though I was full-filling the criteria to be considered as medically unfit, still I was directed for a medical check-up in Govt. Hospital. The medical board comprising of 3 doctors conducted various tests, checked my treatment records and submitted the report to the CMO, which was directly sent to HR from the office of CMO. So I could not get a copy of the report. 

The report was verified by the company doctors and recommended for my retirement. I was told that it will take some more time for approval of CMD of the company. But the Executive Directors (HR & HRD) and Director (HR), were not satisfied with the medical board report and turn down the case with several queries that why I was not asked to submit fitness certificate while joining after long leave and about the absence of "UNFIT" word in the medical report. My file was moving from top to bottom with queries which took 2 years and the Corporate HR transferred me to another state only to get another medical board report. While transfer I managed to get a copy of my medical report and surprised that the report was very well-written with the following words, " Examine is not completely physically or mentally fit. He is having disease resembling Restless Leg Syndrome and so the examine is not completely Medically Fit. " (Exact wards copied from the report) But my HR is not ready to accept the report. 

In the new place of posting the Govt. doctors including CMO refused to give any report with plea of non-availability of specialists / test machines. So a few days back my Corporate (HR) has given a mail that my application is not accepted due to some un-fulfilled conditions, without mentioning any reason. 

As a lay man to know the rules and feeling a right to get retirement benefits, I have continued my service with sufferings for a long 3 years during the process of my file. I am now going to be 54 years age. Now my HR is advising me to resign if I do not want to serve more.

Please advise.

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