An accident commuting from residence to office is duty-related and qualifies for non-debitable hospital leave.

The applicant, a Chief Controller with the West Central Railway, met with an accident at approximately 9:15 a.m. on 15 January 2016 while travelling from his residence to his office to commence duty.

He was admitted to the Central Railway Hospital, thereafter advised bed rest, and was declared fit to rejoin duty on 27 May 2016.

The respondents adjusted the resulting period of 134 days against the applicant’s leave account instead of treating it as hospital leave under Rule 554 of the Indian Railway Establishment Code (IREC).

The applicant’s representations dated 19 January 2021 and 20 July 2021 were rejected by order dated 14 September 2021.

The respondents contended that the applicant was not “on duty” when the accident occurred and that the accident was not attributable to a risk inherent in official duties under Rule 554.

The applicant consequently sought quashing of the rejection order and regularisation of the 134-day period as hospital leave without debit to his leave account.

Whether an accident suffered by a railway employee while travelling from his residence to his office for the purpose of joining duty can be treated as having occurred in the course of official duty for the purposes of Rule 554 of the IREC

Whether the applicant was entitled to regularisation of the 134-day period of hospitalisation/treatment as hospital leave without debit to his leave account

The Tribunal applied Rule 554 of the IREC, under which hospital leave may be granted to eligible railway servants suffering from illness or injury directly due to risks incurred in the course of official duties, upon production of a medical certificate; such leave is not debited against the employee’s leave account and may be combined with other admissible leave subject to the prescribed overall limit.

The Tribunal also relied on Shakuntala Bai Pandey (Smt.) v. National Thermal Power Corporation, 1995 Supp. (3) SCC 680, where the Supreme Court held that a workman who becomes disabled or dies in an accident while proceeding from home to the place of duty, or returning from duty to home, is deemed to have suffered the accident while on duty.

The Tribunal found it undisputed that the applicant was travelling from his residence to his office when the accident occurred at about 9:15 a.m. on 15 January 2016.

The respondents did not controvert this fact or produce material showing that the journey was undertaken for a personal or extraneous purpose.

Applying the principle in Shakuntala Bai Pandey, the Tribunal held that the journey to the workplace for joining duty formed part of the course of official duty.

The resulting injury therefore fell within Rule 554 of the IREC, and the period of treatment and bed rest could not lawfully be debited against the applicant’s leave account.

It directed the respondents to regularise the applicant’s 134-day period of hospitalisation/treatment following the accident as hospital leave under Rule 554 of the IREC, without debiting it against his leave account.

Any consequential benefits were directed to be released within three months of receipt of the certified copy of the order.

No order was made as to costs.