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 Conditions of Service" after attaining the age of 50 years. The criteria for the same are:
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) OR
(ii) he has been on leave on medical grounds for a total period of 120 days during a period of six months OR
(iii) though attending duties if found mentally deranged, the HOD may refer the employee to a medical board for a medical check-up and report about:
- the disease he is suffering from
- whether the disease is infectious/contagious
- whether the disease 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 grounds along with a doctor's advice for rest. I applied for an extension of leave twice along with the 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 based on the provision in General Terms and Conditions of Service fulfilling the criteria to be medically unfit in clause (i) and a self-unfit declaration along with my Treatment Records. It may be noted that I was 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. Although I fulfilled the criteria to be considered as medically unfit, I was directed for a medical check-up at a Government 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 the 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 would take some more time for the approval of the CMD of the company. However, the Executive Directors (HR & HRD) and Director (HR) were not satisfied with the medical board report and turned down the case with several queries regarding why I was not asked to submit a fitness certificate while joining after a long leave and about the absence of the word "UNFIT" 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 transferring, I managed to get a copy of my medical report and was surprised that the report was very well-written with the following words, "Examine is not completely physically or mentally fit. He is having a disease resembling Restless Leg Syndrome, and so the examine is not completely Medically Fit." (Exact words copied from the report) But my HR is not ready to accept the report.
In the new place of posting, the Government doctors, including CMO, refused to give any report citing non-availability of specialists/test machines. A few days back, my Corporate (HR) sent a mail stating that my application is not accepted due to some unfulfilled conditions, without mentioning any reason.
As a layman seeking to understand the rules and feeling entitled to retirement benefits, I have continued my service with suffering for a long 3 years during the process of my file. I am now going to be 54 years old. Now, my HR is advising me to resign if I do not want to serve more.
Please advise.
From India, New Delhi
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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) OR
(ii) he has been on leave on medical grounds for a total period of 120 days during a period of six months OR
(iii) though attending duties if found mentally deranged, the HOD may refer the employee to a medical board for a medical check-up and report about:
- the disease he is suffering from
- whether the disease is infectious/contagious
- whether the disease 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 grounds along with a doctor's advice for rest. I applied for an extension of leave twice along with the 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 based on the provision in General Terms and Conditions of Service fulfilling the criteria to be medically unfit in clause (i) and a self-unfit declaration along with my Treatment Records. It may be noted that I was 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. Although I fulfilled the criteria to be considered as medically unfit, I was directed for a medical check-up at a Government 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 the 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 would take some more time for the approval of the CMD of the company. However, the Executive Directors (HR & HRD) and Director (HR) were not satisfied with the medical board report and turned down the case with several queries regarding why I was not asked to submit a fitness certificate while joining after a long leave and about the absence of the word "UNFIT" 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 transferring, I managed to get a copy of my medical report and was surprised that the report was very well-written with the following words, "Examine is not completely physically or mentally fit. He is having a disease resembling Restless Leg Syndrome, and so the examine is not completely Medically Fit." (Exact words copied from the report) But my HR is not ready to accept the report.
In the new place of posting, the Government doctors, including CMO, refused to give any report citing non-availability of specialists/test machines. A few days back, my Corporate (HR) sent a mail stating that my application is not accepted due to some unfulfilled conditions, without mentioning any reason.
As a layman seeking to understand the rules and feeling entitled to retirement benefits, I have continued my service with suffering for a long 3 years during the process of my file. I am now going to be 54 years old. Now, my HR is advising me to resign if I do not want to serve more.
Please advise.
From India, New Delhi
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Since the poster belongs to the managerial cadre, suggestions could be based on the difference, if any, between the terminal benefits of resignation and voluntary retirement as provided for in the contract of employment or the service regulations of the PSU only. Therefore, the poster may furnish the details in this regard.
From India, Salem
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6185From India, Salem
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Thank you very much, sir, for the immediate response to my post. It is not a case of VRS, sir, where the company has to give compensation for the balance years of service. In my company, it is termed as premature retirement. I shall be entitled to a Post-Retirement Medical Scheme in which I shall be eligible to reimburse my medical expenses in case of hospitalization. Furthermore, I shall be entitled to transfer benefits (two months' pay + transportation cost of my belongings to my native place). These two things are the only differences between the terminal benefits in the case of resignation and premature retirement.
Regards
From India, New Delhi
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Regards
From India, New Delhi
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Dear friend,
Now it is clear why you require premature retirement on medical grounds. I remember a quote from Balzac, a French novelist and playwright, about bureaucracy - "Bureaucracy is a giant mechanism operated by pygmies." It is proven by the manner in which the medical report of the District Medical Board was considered and rejected by the Directors of the company despite the recommendation of the company doctor. In such a situation, your interstate transfer is like adding insult to injury. I do not understand how premature retirement of an ailing senior employee would affect the interests of the PSU when the Service Regulations permit the same. Even I am very skeptical about your expectations of post-retirement medical benefits when the top brass of the company is infested with cynicism.
Therefore, my suggestion would be to resign on medical grounds forthwith without expecting post-retirement medical benefits or to file a writ against the PSU in the High Court to issue a writ of mandamus against the management. Better consult a Service Lawyer. The American Senator from Minnesota, Eugene J. McCarthy once said, "The only thing that saves us from bureaucracy is its inefficiency."
Please let me know if you need further assistance or clarification.
From India, Salem
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Now it is clear why you require premature retirement on medical grounds. I remember a quote from Balzac, a French novelist and playwright, about bureaucracy - "Bureaucracy is a giant mechanism operated by pygmies." It is proven by the manner in which the medical report of the District Medical Board was considered and rejected by the Directors of the company despite the recommendation of the company doctor. In such a situation, your interstate transfer is like adding insult to injury. I do not understand how premature retirement of an ailing senior employee would affect the interests of the PSU when the Service Regulations permit the same. Even I am very skeptical about your expectations of post-retirement medical benefits when the top brass of the company is infested with cynicism.
Therefore, my suggestion would be to resign on medical grounds forthwith without expecting post-retirement medical benefits or to file a writ against the PSU in the High Court to issue a writ of mandamus against the management. Better consult a Service Lawyer. The American Senator from Minnesota, Eugene J. McCarthy once said, "The only thing that saves us from bureaucracy is its inefficiency."
Please let me know if you need further assistance or clarification.
From India, Salem
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