Question : PROMOTION WITHOUT MEDICAL FITNESS

(a) whether services of an employee cannot be regularised and promotions can be given without production of Medical Fitness Certificate from competent authority based on FR-10;

(b) if so, under which rules, if not, what action can be taken against such employees as per F.R.-10;

(c) upto how many years an employee can produce a Medical Fitness certificate and accepted by the Government Departments/ Corporations; and

(d) the manner in which rule should be applied for certificates being received after 15 years?

MINISTER OF STATE OF DEPARTMENT OF PERSONNEL AND TRAINING AND DEPARTMENT OF PENSION AND PENSIONERS` WELFARE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(SMT. VASUNDHARA RAJE)

(a), (b), (c) & (d): Fundamental Rule-10 states that `Except as provided by this rule, no person may be appointed in India to a post in Government service without a medical certificate of health. The Central Government may make rules prescribing the form in which medical certificates should be prepared and the particular medical or other officers by whom they should be signed. It may, in individual cases, dispense with the production of a certificate, and may be general orders exempt any specified class of Government servants from the operation of this rule.`

Instructions have also been issued by DOPT about the procedure to be followed by the Departmental Promotion Committees(DPCs). These instructions do not prescribe for production of Medical Fitness Certificate at the time of consideration of an employee for promotion. However, if the relevant Recruitment/Service Rules provide for such dispensation, these will have superior authority over the executive instructions issued by the Government.