Saksham
Saksham
WHAT IS RAILWAY
The first Rail in India started on 16 April 1853 and ran between Mumbai
(CST) to Thane. It covered 34 Kms. (21 Miles), attached with 03 Powers, 14
Coaches and carried about 400 Visitors.
The first Passenger Train ran on 15 August 1854 between Howrah to Hoogli,
it covered 24 Kms. Initial Rail route of 34 Kms. was increased about 53596
Kms. Upto year 1950-51 .
First train in Kashmir Valley was inaugurated by Prime Minister Shri Man
Mohan Singh on 11.10.2008 which runs between Anantnag to Rajwasher with
total distance of 68 Km. and 9 Railway Stations.
Similarly work has been started on 20.02.2010 to connect Sikkim with Rail
Route & in first phase construction work between Rangjo to Sivok (44.4km) is
in progress. (Ref: - Indian Railway wikipedia the free encyclopedias.)
The first double decker train was 'Flying Rani' introduced in 2005 while the
first double decker AC train in the Indian Railway introduced in November
2010, running between the Dhanbad and Howrah stations having 10 coach
and 02 power cars.
Organisational structure
CHAIRMAN
MEMBERS
For efficient & proper operation of Railway and its management, Railway has been
divided into Zones which are further divided into divisions. The number of Zones in
Indian Railways increased from six to eight in 1951, nine in 1952, sixteen in 2003 and
finally Eighteen (17 + 1 RDSO) in 2007/2010. Zones are headed by the General
Manager:-
Established
Sno. Zonal Railways Head Quarter Subordinate Divisions
on
1. Southern Railway Chennai 14.04.51 Chennai, Madurai, Palghat,
Trivandrum, Trichur, Selam
2. Central Railway Mumbai 05.11.51 Bhusawal, Mumbai, Nagpur, Pune,
(CSTM) Solapur
3. Western Railway Churchgate 05.11.51 Ahmedabad, Baroda, Bhavnagar,
Mumbai Mumbai, Rajkot, Ratlam
4. Eastern Railway Kolkata 14.04.52 Asansol, Hawara, Maldatown, Sialdah
5. Northern Railway New Delhi 14.04.52 Delhi, Firozpur, Lucknow,
Muradabad, Umbala
6. North East Railway Gorakhpur 14.04.52 Izatnagar, Lucknow, Varanasi
7. North East Frontier Maligaon 15.01.58 Alipurdwar, Katihar, Lumding,
Railway Guwahati Rangiya, Tinsukhiya,
8. South Eastern Garden reach 01.08.55 Adra, Chakradharpur, Kharagpur,
Railway Kolkata Ranchi
9. South Central Secunderabad 02.10.66 Guntur, Guntakal, Hyderabad,
Railway Nanded Secunderabad, Vijayawada
Established
Sno. Zonal Railways Head Quarter Subordinate Divisions
on
10. North Western Jaipur 01.10.2002 Ajmer, Bikaner, Jaipur, Jodhpur
Railway
11. East Central Railway Hajipur 01.10.2002 Danapur, Dhanbad, Mugalsarai,
Samastipur, Sonepur
12. South Western Hubli 01.04.2003 Bangalore, Hubli, Mysore,
Railway
13. West Central Jabalpur 01.04.2003 Jabalpur, Bhopal, Kota
Railway
14. North Central Allahabad 01.04.2003 Allahabad, Jhansi, Agra
Railway
15. South East Bilaspur 01.04.2003 Nagpur, Bilaspur, Raipur
16. East Coast Railway Bhubaneshwar 01.04.2003 Khurdaroad, Walter, Sambalpur
17 Kolkata Metro Kolkata 25.12.2010 Kolkata Metro
18 Research Design & Lucknow 01.01.2003 Established in 1930 but as RDSO in
Standard 1957 presently having status of Zonal
Organization Railway w.e.f. 01.01.03
To assist the General Manager in his administrative work, there are additional
General Manager, Senior Deputy General Manager, Deputy General Manager, Chief
Public Relation Officer, Chief Planning Officer and Head of Department of Each
Department.
These Heads of Departments are assisted by Deputy, Senior and Junior scale Officers
for smooth functioning.
Other than Zonal Railways, there are Production Units also, which are as follows:-
Definition
Manpower Planning is also called as Human Resource Planning. It consists of
putting
right number of people,
right kind of people at the right place,
right time,
doing the right things for which they are suited for the achievement of goals
of the organization.
Creation of posts
Surplus Bank:
For the purpose of working out the monetary value of the post being surrendered,
only the mean pay of the same in a particular level in 7th CPC mentioned in the
Matrix and Dearness allowance as on date should be taken into account for
calculation of mean value”.
The above is explained with the following illustration of surrender of a post in level -
7 of the 7th CPC matrix:-
Pre - requisites
Justification (a)Quantitative (b)Qualitative
Non-availability of vacancies in the category proposed for creation
Confirming to All India Benchmark for the proposed activity
Provision of equivalent matching surrenders
Procedure
DRMs may be allowed to create posts required in Safety and Operational categories
on 1:1 basis, i.e. by surrendering one post in a particular grade, a fresh post can
simultaneously be created in the same/ lower grade, with the approval of GM
DRMs may be allowed to create posts in higher grades by surrendering equivalent
money value for the same with the approval of General Manager
(a) Powers for creation of NG posts, required in Safety and Operational categories
and those for operation and maintenance of new assets delegated to DRMs (b) DRMs
are to operate a Vacancy Bank wherein they were permitted to retain 50% of the
money value of posts surrender by them (c) Matching surrenders on 1:1 basis from
divisional vacancy bank (d) Associate Divisional Finance concurrence (e) ‘in
principle’ approval of the General Manager
For obtaining ‘in principle’ approval of the GM => a D O letter from DRM to CPO
(A) Justification of Branch Officer. (B) Sr. DPO’s certification regarding availability of
equivalent matching surrenders in divisional surplus bank. (C) Associate Finance
concurrence.
“All creation proposals forwarded to HQ office for ‘in principle’ approval of the
General Manager will henceforth be dealt by Dy.CPO(HRD)”.
Procedure same as for creation of permanent revenue posts. As the name suggests
these posts are created only for a specified period of time and if required, can be
further extended. Matching surrender is required only at the time of creation, can be
made permanent
As per SOP Part “A” (Establishment Matters) – “PHODs/ HODs are empowered to
sanction creation/ extension of all temporary non- gazetted posts for which
provision has been made in ESTIMATE SANCTIONED by competent authority
subject to prior Finance concurrence”.
Board’s instructions circulated vide PS No. 71/92 dt. 24/7/1992 Where the cost of
the staff is realized from a private party, matching surrender need not be insisted
upon. Similarly, any savings from surrender of post being paid for by Private Party
should not be utilized for creating posts on the Railways chargeable to Railway
revenue.
Temporary in nature.
Procedure same as for creation of revenue posts. However, it should be ensured that
staff costs are being paid by the party concerned prior to further extension.
Created for (a) surplus staff whose post has been surrendered till the person vacates
the posts on redeployment or through normal attrition. (b) Medically de-categorized
staff. (c) Out of turn promotion of sportsperson. Personal to the incumbent.
Temporary in nature.
May be created provisionally at the divisional level with accounts concurrence and
sanction at DRM level. The proposal will then be sent to HQs with full details for ex-
post facto sanction of the General Manager. Procedure for dealing is same at HQ as
for revenue posts.
Surrender of posts
Under Manpower Planning 1% target is set for reduction of cadre in every financial
year by Railway Board. For e.g. 1% target for Division was 284 posts for the year
2017-18, based on their cadre as on 01.04.2017. The division created 110 posts during
the year. This enhanced their target to 284 + 110 =394 posts to be surrendered by
31.03.2018. The division had to offset their creations of 110 posts by surrendering
equivalent number of posts.
In divisional office posts can be surrendered by Personnel Officer with the concerned
Branch Officer’s and DRM’s approval.
Sanction letter of creation of posts/ creation and surrender of posts under six
monthly review/ extension of currency of posts are to be issued by Dy.CPO(HRD).
Definition of Surplus Staff. Total or partial closure of activities. Total or partial re-
engineering of work processes / work methods. Introduction of modern technology.
Outsourcing of some activities – totally or partially.
Re-deployment of Surplus Staff should be given the highest priority and their
absorption will have precedence over all modes of recruitment including screening
of casual labour and direct recruitment for filling up of vacancies. Surplus Staff
should be re-deployed in any department, by imparting necessary training as
required and without insisting on prescribed educational qualification as applicable
to those posts.
This relaxation will not apply for surplus steam maintenance staff for their
absorption/ redeployment in running categories. Normally the junior most of the
employees should be rendered surplus irrespective of the manner in which they had
entered the grade.
In case vacant posts in immediate lower direct recruitment grade are not available in
the accepting department, even next to next direct recruitment grade vacant posts
may be located and frozen. If no vacant posts are available in any of the lower direct
recruitment grades, the transferred/ re-deployed posts shall be surrendered as and
when they are vacated by the re- deployed staff due to any reason in due course The
The surplus employees are not entitled for benefit of the past service rendered in the
previous unit/ department for the purpose of their seniority in the new unit /
department. Such employees are to be treated as fresh entrants in the matter of their
seniority, promotions etc. Seniority on being rendered surplus. When surplus staff
are redeployed in a post carrying a lower scale of pay, the surplus employee shall be
permitted to carry his current pay scale along with him to the alternative post in
which he is so redeployed.
A team of officers (JS/ SS or JAG) should be deputed for an on the spot assessment
of options from the surplus staff and suitable transfer orders be issued after this. In
case where large number of Surplus Staff are involved, and where promotional
prospects are likely to be affected in any way, recognized unions are to be consulted
for expeditious re- deployment.
months and the surplus staff should necessarily be re-deployed within this 6 month
period. For such of the supernumerary posts, where surplus staff are re-deployed
within this 6 months period, the substantive posts can be put in the “pool of
surrendered posts” and other posts may be created only in Safety/Operational
categories as are needed for new assets, without routing it through the vacancy bank
as per procedure indicated in para (C) below.
C. Utilization of “Pool of Surrendered Posts” and supernumerary posts
i. The posts included in the “Pool of Surrendered Posts”, can be used to create
safety category posts needed for new assets only. In no case can it be used to
create non-safety category posts. Posts cannot be withdrawn from this ‘Pool’,
to meet statutory requirements or for Vigilance or Security organizations etc,
as Railway Board alone is competent for creation of posts in these
departments.
ii. Safety category posts or other operational posts which are to be created out of
this surrendered pool can be done in the pay band and grade pay as that of
the surrendered posts or other posts in different grade pay as per equivalent
money value basis at any given point of time. The money value of both
surrender and creation will be calculated simultaneously and at the time of
creation only as per currently applicable money value and not the historical
costs when it was put in the pool of surrendered posts.
iii. In a Division, utilisation of pool of surrendered posts as per ‘A and ‘B’ above
and creation of new posts in various grades as per requirement within a unit
or from one Unit to another or from one Department to another, can be done
by DRMs with concurrence of associate Finance. This will now not require
GM’s approval, as was required by Board’s Letter No.E(MPP) /2003 /I / 88
dated 05. 04 .2006 (RBE No.45/2006).
iv. Utilisation of posts included in “Pool of Surrendered Posts” from one
Division/Workshop to another Division/Workshop can be permitted by GM
with concurrence of associate Finance.
v. Board can also order transfer of money value by surrender of posts from
“pool of Surrendered Posts” from any Zonal Railway/PU to another, when
Board decides that the Recipient zonal Railway/PU is in need of the same for
creation.
vi. Requirement of posts for new Production Units and Workshops which have
come up recently, will be met from Vacancy Bank of the Railways as
identified and ordered by the Board.
vii. Posts identified for surrender by Railway Board or identified for surrender
due to Work Study Reports, shall not be used for creation on the basis
explained in para (C) herein. On surrender, their money value shall continue
to be credited to the Vacancy Bank as per extant orders with 25%;share going
to Railway Board.
viii. The accountal of the posts in the “Pool of Surrendered Posts” will be
maintained by the CPO for the Zonal Railway/PU and the Sr.DPO for the
Division, as the case may be. The proposals shall be processed by the
Personnel branch and routed through Associate Finance at Divisions/zonal
levels as the case may be.
(D) GENERAL
i) The recognized Unions/staff council may be kept informed.
ii) This issues with the concurrence of Finance Directorate of the Ministry of
Railways.
PROFORMA of Register ‘Pool of Surrendered Posts’*
Railway: Division /Unit: Department
S.N Pos Loca-tion Contr- Grade & Grade Vacant Dt. Trans- Rea- Post tran- Reas-ons for Date of Money Utilli-sed on Rem-
t olling Pay [VI PC] since [DD/ ferred to sons for sfer-red out trans-fer out: creat-ion/ value at the which Rail- arks
Autho- MM/ ‘Pool’ tran- of ‘Pool’ to Creation / transfer time of way / Divn
rity YY] [Ref. No. sfer in : Deptt./ Transfer as Creat-ion/ /PU
& Date] Not Locati-on per Board Trans-fer
nee-ded [Ref. No. & order
Date]
1 2 3 4 5 6 7 8 9 10 11 12 13 14
All first appointment to Group "A" posts in Railway Service shall be made by the
President, after they are found suitable in the Government competitive examination
held by UPSC for Engineering, Medical, and Civil Services. UPSC also conduct
competitive examination for Special Class Railway Apprentice.
Probationers of all services except Indian Railway Medical Services shall undergo
two years probationary training as per schedules of training laid down by the
Ministry of Railways (Railway Board) from time to time.
During first two years of the probations the sandwich type of training conducted on
line and at the various Railway Institutes and Institute of repute outside the
Railways.
The probationers of all the services other than Indian Railway Medical Service shall
undergo 08 weeks foundational course at National Academy of Indian Railway,
Vadodara at the 1st available opportunity after joining the Railways in which they
will be introduced to various facts of Railway working. The foundation course will
be common to probationers of all services. After attending the foundation course, the
probationers shall undergo field training in Sheds, Depots, Yards, Workshops,
Divisional Office, Hqrs. Office, and Production Units etc. and specialize training in
other Railway Training Institutions and Institutes of repute outside the Railways.
After adequate field training probationers of all services except Medical Service shall
undergo 06 weeks Induction Course which shall be different for probationers of
different services. In this course, they shall be given detailed knowledge regarding
working of their own department, interaction with allied department & financial
roles, procedures etc. While probationers of IRSE, IRTS, IRPS, IRSS, IRAS shall
undergo Induction course during two years probationary training, the probationers
of IRSME, IRSSE, IRSEE shall undergo Induction course from working post in the
3rd year of their probation.
For probationer of Medical service the period of training shall be 03 months only. [3
days in Central Hospital, 45 days in Divisional HQ's Hospital, 10 days in Health
Unit, 2 days for final assessment at CMD's / CMO's of the Zonal Railway, one
month at the National Academy of Indian Railway Vadodara for orientation course
whenever the same is arranged.]
Departmental Examinations:
All the three departmental examinations will be conducted by the Institute where
the probationary training has been centralized.
Note: The department Examination will consist of written test and Viva voce
examination.
(a). Sickness or any other reason beyond control may be allowed within 03
months for special examination.
(b). In case of prob. does not pass any institutional or departmental examination
in the 1st attempt, he may be allowed to sit for re-examination in the papers in
which he/she has failed. But in that case, marks awarded in such re-
examination shall not be taken into account in determining the seniority
(his/her score in the original examination only shall be counted).
If a probationer fails to pass second examination (b) above his/her services are likely
to be terminated.
The Ministry of Railway may, if it so deem fit, in any case extend the period of
probation for a maximum period of one year. However, if during the period of
probation, investigation, enquiry or trial relating to criminal charge against him/ her
is pending or disciplinary proceedings which are contemplated or started against
him/her, probation may be extended for such period as Ministry of Railway may
think fit in the circumstances of the case.
As a matter of fact there is no initial training prescribed for Group "B" officers as
various vacancies of Group "B" are filled by promotion of Group "C" staff after
proper selection for which selection board is constituted of Head of Department
where written and oral examination is prescribed.
Rules for the Recruitment & Training of Group "C", Group "D" & Workshop Staff
[IREM Vol.I: Revised Edition 1989. Sec. "B", sub sec. 1, para 102 to 120]
Recruitment
Definitions
Period of Probation
Health Certificate
Date of birth
Every person on entering Railway service shall declare his date of birth which shall
not be different from any declaration expressed for any public purpose before
entering in Railway service.
It has been decided by the govt. to carve out a sub-quota of 4.5% for minorities, from
within the 27% reservation for OBCs.(RBE 02/12)
Nationality
(i) A candidate for appointment to Railway service must be:-
(ii) A citizen of India; or
(iii) A subject of Nepal or Bhutan; or
(iv) A Tibetan refugee who come to India before 01.01.1962 with the intention of
permanently settling in India, or
(v) A person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka,
the EastAfrican countries of Kenya, Uganda and the United Republic of
Tanzania or from Zambia, Malawi, Ethiopia & Vietnam with the intention of
permanently settling in India.
Persons having more than one wife or husband
(i) No person who has more than one wife living or who having a spouse living,
marries in any case in which such marriage is void by reason of its taking
place during the life time of such spouse, shall be eligible for appointment to
service.
(ii) No woman whose marriage is void by reason of the husband having a wife
living at the time of such marriage or who has married a person who has a
wife living at the time of such marriage shall be eligible for appointment to
service;
Provided that the GM may if satisfied, that there are special grounds for so, can
exempt any person from the operation of this rules.
Knowledge of Hindi
Direct recruitment to fill group "C" posts on the Indian Railway will be made
through Railway Recruitment Boards setup at various places in the country.
Advertisement
All vacancies in post and services whose scale of pay as directed by Railway Board,
recruitment for which is made through the Railway Recruitment Board or by the
Railway Adm. and are treated as "by open competition and on All India basis" will
be advertised in the list of newspapers approved by the Department of Personnel for
advertisements issued by the UPSC. All the other posts in the lower grades will be
The employment notices will also be supplied to the nearby employment exchange
for exhibition. Such advertisement will indicate the category of the posts and the
division/unit/region of the railway where vacancies exists and also other general
conditions for appointment to the posts. It should also be clearly indicated in the
advertisement for categories like stenographers, typist, draftsman etc. Which do not
involve out door work or inconvenient hours in the night that women are equally
eligible.
(3) Group "D" employees applying for recruitment to Group "C" posts, or as
apprentice being allowed relaxation to the extent of service in Group "D" but
in any case not exceeding 10 years. And also subject to a ceiling limit of 30
years for apprentice categories.
(4) For direct recruitment to all Groups "C" and Group "D" posts: serving
employee who have completed 3 years continuous service will be given age
relaxation subject to upper age limit of 40 years in case of general candidate
and 45 years in case of SC/ST candidates. [RBE 5/99]
(5) For direct recruitment to all Groups "C" and Group "D" posts, the upper age
limit in case of widow, divorced women & women judicially separated from
their husbands, who are not remarried, shall be relaxed upto the age of 35
years. In such cases, there will be further relaxation upto the age of 38 years
for OBC candidates, & upto 40 years for SC/ST candidates. [RBE 154/2K1]
(6) Existing age concessions allowed by specific instructions of the RBd's for
specified category/categories of the posts will continue to apply.
(7) By 3 years in the case of OBCs.
(8) Relaxation of 03 years in the prescribed age limit upto 03.02.2015 for
recruitment to all group „C' & „D' posts including engagement of substitutes
[RBE 24/2012] The matter has further been reviewed & it has been decided
by the Rly Bd. to provide relaxation in the following manner above the
prescribed upper age limit for requirement to all non-gazetted posts
including engagement of substitutes as under :-
S.No. Period Relaxation(in years) in upper age timed
i 04.02.15 to03.02.17 02 years
ii 04.02.17 to 03.02.19 01 years
iii Beyond 03.02.19 No relaxation
(9) A candidate who is within the minimum and maximum age limit on a
particular date mentioned in the employment notice issued by a Railway
Recruitment Board may be treated as eligible for appointment against a post
on the Railway concerned even though the person concerned may have
exceeded the maximum age limit on the date of actually joining an
appointment.
(10) NOC for application to serving Rly. employees applying against the
notification of RRB
Employment of Physically Handicapped persons [MC 13]
Recruitment of physically handicapped persons in identified Group "C" & "D" posts
will be made by RRB & RRC respectively along with others regulated in terms of
separate instructions issued by the Railway Board from time to time.
Recruitment of Ex- Servicemen persons in Group "C" & "D" posts will be made by
RRB & RRC respectively along with others regulated in terms of separate
instructions issued by the Railway Board from time to time
Upper Age relaxation - period of defense service and 3 years [who have put in not
less than 6 months defense service]
Benefit of upper age relaxation to ex-servicemen may also be extended when they
apply against unreserved post. [RBE 236/89]
Note : 20% of erstwhile Group "D" vacancies against ex-serviceman quota will be
filled by zonal Railway through open advertisement in pay band-1 of Rs 5200-20200
with grade pay of Rs 1800/- and panel will be formed on the basis of their length of
military service, keeping in view the following :-
(i) Physical efficiency test followed by written test be dispensed with for this
recruitment;
(ii) The recruitment shall be on the basis of scrutiny of applications ;
(iii) Ex-service men who has retired after putting in 15 years of service and has
passed ArmyClass-1 certificate or equivalent will be considered eligible.
[RBE 130/10 & R.B.L.No. 2009/E(NG)11/RR-1/10 dt. 8.2.11 [NWR PS 23/11]
Same Day Examination : It has been decided by the Board to hold the examination
for a particular post on the same date simultaneously by all the RRBs. All the RRBs
shall advise to the nodal RRB the number of vacancies to be filled up, category wise
together with community breakup, Nodal RRB will issue Centralized Employment
Notice on behalf of all participating RRBs clearly indicating the vacancies to be filled
up by each participating RRB along with other details. Individual RRBs will issue
indicative Employment Notice(s) in the regional newspapers.
In addition to Hindi, Urdu and English, Question Papers shall be set in local
languages listed in the Eighth Schedule of the Constitution of India, falling within
the jurisdiction of that RRB. For this purpose, the first official language(s) of the
State(s) in which all the Divisions / Units of that RRB are located, will be taken as
the local language(s). Since the official work is done in Hindi / English, only to test
the working knowledge level of the candidates, 10% weightage of marks will be
given for testing Hindi / English language as per details given in Board's letter No.
E/RRb/2007/25/14 dated 04.03.2008. [RRCB No. 04/2009]
For NTPC categories, other than ASM & Goods Guard, the minimum of 50% marks
in matriculation need not be insisted upon for SC/ST, Handicapped, Ex servicemen
& sports persons.(Rly. Bd. L.No. E(NG) III-81/RSE/25 dated 25.08.82 & RBE 125/09)
W.E.F. 18.3.99 It has been decided to eliminate viva- voce (interview) in RRB
recruitments, accordingly, following procedure should be followed:-
NTPC- Under graduate
Two stage written examination (No interview)
categories & Graduate categories
Safety category posts Single written examination followed by Psycho test (No
Interview)
Hindi Asstt Single written examination plus qualifying translation
test with minimum of 90% marks (No interview)
Law Assistant, Teachers, Single written examination followed by Interview
Telephone Operator,
Physiotherapist
Remaining categories Single written examination (No Interview)
Candidates, 30% over & above the number of vacancies, will be called for documents
verification by RRB in case of selection against group „C posts. (RRCB 89/08)
While holding recruitment to Group „C posts from open market & conducting of
screening of substitutes in Group „C" & pay band - 1(G.P. 1800/-) to ensure
adequate representation of women members on various interviews/viva - voce
committees & it should be mandatory to have one women member in the selection
Boards/committees for making recruitment to ten or more vacancies & lady
candidates are expected to be available for the service/post. (RBE 29/12)
Recruitment against Sports quota (RBE 189(B)/10,52/12&95/12 )
(1) Recruitment of sport persons, both in Group-C & Group-D, shall be done
through Talent Scouting & Open Advertisement, 60% of the total quota,
including the share of Railway Sports Promotion Board (RSPB) shall be
through Talent Scouting & balance 40% shall be filled up by Open
Advertisement. This has been amended & from the year 2013-14, i.e. 01.04.13
onward 30% of the total sports quota, including the share of RSPB shall be
through Talent scouting & the balance 70% shall be filled up through open
advertisement. All recruitment from 2012-13 against sports quota in G.P.
1800/- shall be only through the process of open advertisement. Distribution
of quota amongst Zonal Railways, Production Units, RSPB & Workshops
having staff strength of 4,000 or more, from the year 2013-14 shall be as
under:-RBE 07/12
SPORTS QUOTA ALLOTTED TO A ZONAL RAILWAY/PRODUCTION UNIT FOR
RECRUITMENT OF SPORTSPERSONS IN A FINANCIAL YEAR
Quota Allotted for a
Pay Corresp-
Pay Bands/ Financial Year
Band/ onding
Para Zonal Railway/ Scales Open Total
Scale GP Talent Scouting
No. Production Unit Advt. Quota
ZR/PU ZR/PU RSPB
[In Rupees]
Quota Quota Quota
2.1.1 CR,ER,ECR, PB-2 9300-34800 4200 …. … 1 1
ECOR,NR,
NCR,NER, NFR, PB-1 5200-20200 2800 5 1 1 7
NWR PB-1 5200-20200 2400
SR,SCR,SER,
SECR, SWR, PB-1 5200-20200 2000 16 4 2 22
WR,WCR
PB-1 5200-20200 1900
Total Quota Per Railway 21 5 4 30
The quota allotted as above, is for a financial year and unused quota shall
lapse on the expiry of financial year.
Final approval of the competent authority in all cases of recruitment against
sports quota is to be obtained by the 31st March of the given financial year.
The competent authority for recruitment of sportspersons against sports
quota, shall be the same as mentioned, in the relevant paras of Indian
Railways Establishment Code, Vol.-I
Appointment orders should be issued within one month from the date of
approval of the competent authority.
The recruitment shall be done in the 31 games as mentioned in (Bd's letter dt.
31.12.10 & 07.01.11) RBE 189(B)/10,08/11 & 43/13 or as recognized by RSPB
for this purpose. (Judo & Karate have been deleted from the recognized
games vide RBE 42/12)
Recruitment of sportspersons both through Talent Scouting and Open
Advertisement shall be to a Grade where there is an element of direct
recruitment and shall be counted against that quota.
In exceptional cases Railway Board can consider the recruitment of
outstanding sportspersons, fulfilling the norms, in the intermediate grades.
Zonal Railways/Units may send the proposals of eligible sportspersons to
Railway Board for prior approval after the recommendation of General
Manager.
Talent Scouting Quota of RSPB Pool shall be operated by RSPB. However, the
requests of Zonal Railway/Production Units etc., duly recommended by the
President of their Sports Association for release of berths from RSPB Pool,
may be considered by RSPB on merit. Railways/Units may send proposals in
this regard, only after complete utilization of their Talent Scouting and Open
Advertisement quota, along with all relevant information and documents, at
least one and half months before the completion of the financial year, i.e. by
15th February.
Railway Board may re-allocate the Talent Scouting quota from one Railway /
Unit to another Railway / Unit and from one Grade Pay & Pay Band to
another Grade Pay and Pay Band, as and when required.
General Manager may re-allocate the Talent Scouting quota allotted to their
Railway for appointment against the posts in Grade Pay Rs. 1,800 in Pay Band
Rs. 5,200-20,200 from one Division/Workshop/Headquarter to another
Division/Workshop/Headquarter, as and when required. However, other
quota i.e. Open Advertisement Quota cannot be transferred.
General Manager is competent to transfer Talent Scouting Quota of their
Railway for recruitment of sports persons in G.P. Rs. 1900 to Rs. 4200 to open
advertisement, in case suitable sports persons are not found. (RBE 52/12)
Categorization of International Championships:
Age Limit:
Talent Scouting & Open Advertisement -
The age limit for recruitment through Talent Scouting Quota & Open
Advertisement quota shall be 18-25 years.
The lower and upper age relaxation for recruitment of sportspersons through
Talent Scouting shall be granted only by the Railway Board to the
outstanding sportspersons. In exceptional cases, Railway Administration may
send the proposals to Board, along with all relevant information and
documents, after the recommendation of the General Manager but no age
relaxation shall be permissible for open advertisement.
He/she shall also not be entitled for any promotion till acquiring the minimum
educational qualification.
As a special case, outstanding sportspersons who are class VIII passed can be
considered for recruitment in 1S pay band. Such sportspersons will be given the
regular pay band PB -1of Rs. 5200 - 20200 alongwith grade pay of Rs. 1800/- only on
acquiring the minimum educational qualification under the recruitment rules or
passing the requisite training test. This will be applicable in all cases for recruitment
of sportspersons of Zonal Rlys & Production units (RBE 181/10 & 51/11)
In this connection it has been clarified vide Bd's letter dt. 02.12.11(RBE 162/11) that :-
As per Bd's letter dt 21.12.10 (RBE 181/10) only the sportspersons having
outstanding sports achievement and who are only cl VIII pass, can be considered for
recruitment in 1S pay band and the sportspersons having the sports norms for
recruitment in grade pay Rs. 1900/2000 or above as per Bd's policy letter dt. 31.12.10
(RBE 189(B)/10), shall only be considered as 'outstanding'.
Sportspersons recruitment against sports quota in 1S pay band in scale Rs. 4400-
7440, shall not carry any Grade Pay.
If a sportsperson is unable to pass the type writing test within the period of
four years, then, his /her appointment will be treated as provisional till such
time that he/she passes the type written test & no promotion /increment will
be granted. However, in case of outstanding sportspersons exemption for
grant of promotion will be with the approval of Rly. Bd. (RBE 143/11)
Talent Scouting:
Appointments against sports quota under Talent Scouting shall be given only after
trials, except:
Trial committee for Talented Scouting for open advertisement are as under:
For the purpose of trials for recruitment through Talent Scouting, a Trial
Committee shall be nominated by the President of concerned Sports
Association at Headquarter level and by the DRM at Divisional level.
The Trial Committee shall comprise of 4/5 and 3/4 officials with experience
of sports. Four / Three members of Trial Committee shall be from the
railways. Railways/Units may incorporate an outside expert of that game, as
a fifth /fourth Member, if they so desire. The fourth /third Members from the
Railways shall be :-
(i) Junior Administrative Grade (JAG) Officer for Talented scouting & except
JAG officer for open advertisement ;
(ii) Coach of respective game (National/Railway/NIS qualified);
(iii) Senior National/International player of the respective game; and
(iv) Assistant Sports Officer/Sports Officer [RBE 11/2011]
(v) Applications for all eligible sports persons for the nominated games should be
collected by Personnel Department [R.B.Letter No.-2010/E(sports)/4(I)/1
Policy dt. 11.03.11(NWR PS 19/A/11) ]
Note: For educational qualification, three marks shall be given to the candidate
fulfilling only the minimum educational qualification, to the post against which
he/she is being considered for appointment Candidate having higher educational
qualification shall be give higher marks. It is applicable for talent scouting only.
Minimum qualifying marks for recruitment through Talent Scouting & Open
Advertisement in different Grade Pay and Pay Bands, observing the criteria
as mentioned in Paras above, shall be as follows:-
(*w.e.f. 01.04.12 all recruitment in 1800/- G.P. shall be only through the process of
open advertisement only - RBE 52/12)
Merit list of all the qualified candidates shall be prepared by the Trial
Committee. Recruitment shall be done on the basis of merit and availability of
vacancies. In case more than one sportsperson scores the same marks,
preference shall be given to younger candidate to decide the merit.
The validity of trials shall be for one month. Therefore, if a candidate is found
fit during trials and eligible for recruitment as per merit, the approval of the
competent authority for such recruitment shall be obtained within one month
from the date of trials. The one month validity period of trials may be counted
from the date of trials of the candidate to date of obtaining approval of the
competent authority, within Rly./Unit, for sending proposal to Bd’s office
(RBE 12/12)
The target date for completing all formalities for recruitment against talent
Scouting, shall be three months from the date of receipt of application from
the candidate or from Rly. Bd./RS PB.(RBE 121/11)
Open Advertisement:
Recruitment Committee:
Fee:
The processing fee for recruitment of sportspersons through Open
Advertisement shall be equivalent to the examination fee as prescribed for
recruitment through RRBs, from time to time.
All the candidates getting appointment through Sports Quota will undergo
Probation Period of two years.
Probation period of a sportsperson shall not be completed till he /she acquire
the minimum educational qualification, if recruited by granting relaxation in
minimum educational qualification, as per Para 6.3 above.
Before completion of the probation period, the performance of the
sportsperson shall be reviewed at the Railway / Unit level by a three
members Committee comprising :-
(i) President / Hon’ble General Secretary of the Sports Association of Zonal
Railway / Unit;
(ii) A Personnel officer of Sr. Scale / JAG level; and
(iii) Captain / Coach of the particular discipline.
The "Service Bond" period for the persons recruited against sports quota shall
be of five years. At the time of his / her appointment, the sportsperson shall
fill and sign the bond.
Medical Examination:
Sportsperson recruited against sports quota shall be terminated from service, if the
information and documents furnished by him / her for recruitment, are found
incorrect / fake at any stage; observing requisite procedure for such termination.
Transfer:
Transfer cases of sportspersons, recruited against sports quota, from one Rly
/Unit/Division to another Rly /Unit/ Division can be considered only :-
The annual recruitment against this quota shall be done as per the following:-
S.No. Quota Group "C" Group "D"
a) Scout & 2 per Rly per year 2 Div. per year
Guides 1 per Production Unit per year 2 per Production Unit per Year
b) Cultural 2 per Rly per year Nil
2 per Production Unit per Year Nil
Recruitment should be done at the Zonal Administration level. For this, each zone
should conduct the recruitment by clubbing the requirement / quota fixed for all
their respective divisions as well as Production Units [which are also districts under
their respective zones], falling within their territorial jurisdiction. This should be
done by way of open advertisement following the procedure laid down vide this
Ministry’s letter No. E[NG]II/96/RR-1/62 dated 17.09.98.
The recruitment will be done only in Group ‘C’ [Pay Band-1 of 5200-20200/- having
Grade Pay of 1900] and erstwhile Group ‘D’ [Pay Band-1 of 5200-20200/- having
Grade Pay of 1800]. The educational qualification and age limit for consideration
for appointment against the quota will be the same as applicable for direct
recruitment to Group ‘C’ and erstwhile Group ‘D’ categories respectively.
Examination Fee may be charged @ 100/- [Rupees One Hundred] per candidate.
However, no such fee shall be charged from SC/ST candidates and also from those
candidates as stipulated in this Ministry’s letter No. E[NG]II/96/RR-1/62/Vol.II
dated 08.12.2010 [RBE No. 179/2010].
[Note: Northern Railway will recruit additional 1 per year in G P 1900 and 2 per
year in GP 1800 who will be posted in RDSO, not to be utilized elsewhere].
Powers for recruitment of Scouts & Guides quota shall lie with the General Manager.
Application shall be called for separately for Pay Band 5200-20200/- Grade Pay
1900/- and Pay Band 5200-20200/- Grade Pay 1800/-. The selection shall also be
conducted separately. A candidate may apply both for Grade Pay 1900/- and
Grade Pay 1800/-.
The following qualification would apply for recruitment of Scouts &Guides to posts
in Grade Pay 1900/- and Grade Pay 1800/-:
The candidates, who apply in response to the Notification and are found eligible for
consideration for appointment against Scouts & Guides quota, should be assessed on
the basis of following criteria:
For selection in Grade Pay 1900/-, the Recruitment Committee shall consist of three
Senior Administrative Grade [SAG] officers to be nominated by the General
Manager, whereas for selection in Grade Pay 1800/- the committee shall consist of
three Junior Administrative Grade [JAG] Officers. One of them should be an officer
holding honorary post of Commissioner in Scouting / Guiding organisation in the
committee of a Zone /Division / Unit other than the one conducting the
recruitment. One of the three members should necessarily be from Personnel
department.
For Scouting Skill Assessment Committee, one Advance Leader Trainer [ALT]/
Leader Trainer [LT] and HWB should be nominated by the General Manager. If
ALT/LT is not available in the Division / Production Unit, necessary assistance may
be taken from zonal railway/ state headquarter / other Divisions /District for the
nomination of ALT/LT/HWB.
A written declaration will be obtained from all the candidates who finally qualify for
appointment as per Annexure-III. If the candidate violates any of the said
declarations furnished by him/her, he/she should be taken up under D&AR by the
concerned CPO/Senior DPO on the recommendation of State Chief Commissioner /
District Chief Commissioner, as the case may be.
Higher fixation of pay will not be admissible to a person appointed against Scouts &
Guides quota.
The persons appointed against Scouts & Guides quota to the category of clerks will
be required to possess proficiency in typing within a period of two years from the
date of appointment, and their appointment will be provisional subject to the
prescribed typing qualification within the stipulated period. In case of non-
acquisition of typing skill within the prescribed period, no additional time will be
given and services of such candidate[s] will be summarily terminated.
The candidates selected for appointment under the Scouts & Guides quota should be
posted by the competent authority in consultation with the concerned State Chief
Commissioner /District Chief Commissioner.
It may be noted that instead of notifying the posts against this quota as unreserved
[UR], this should be mentioned as open to all candidates and candidates belonging
to SC/ST/OBC categories who apply against notification published for this quota be
extended relaxation in age limit as admissible in a general open market recruitment.
However, in case of being selected with any relaxation on account of being a
candidate from the above categories, he/she will be taken against reserved roster
point.
The field units are directed that they should finalise and fill up the posts against this
quota during the respective financial year without fail.
Desirable:
1. Experience in the field & performance given on AIR/ Doordarshan etc
2. Prizes won at National level.
S.
Subject Marks
No.
1 Written test (Consists of object. type question) 50
2 The basis of practical demonstration 35
3 Testimonies/ Prize etc 15
Appointment to all group "D" posts will be done directly by the Zonal
Railways.
Periodicity of Recruitment.
Periodicity of recruitment to erstwhile gr. 'D' posts now in G.P. Rs. 1800, has
been modified & it has been decided to initiate recruitment process annually
as following time schedule: (RBE 164/11)
S.No. Item Month
1 Issue of Notification July
2 Last date of receipt of application 30th Sept.
3 Scrutiny of application Jan./Feb.
4 Issue of call letter for Written Test March/April
5 Written Test May /June
6 (PET) Physical efficiency Test Sept/Oct.
7 Medical Test/Document Verification Nov./Dec.
8 Declaration of Final panel December
This schedule will be effective from July 2012 & vacancies accruing during the
year will be taken into account. (RBE 164/11 & 76/12)
The age limits for recruitment shall be as per extant instructions, with
relaxation for specified categories as admissible under specified orders issued
by the Ministry of Railways from time to time.
Employment Notice
A detailed employment notice shall be published in leading local
newspapers& an 'Indicative Notice' be published in the 'Employment News/
Rozgar Samachar & National News Papers' giving preference of the
advertisement given in the local newspapers. A detailed vacancy notification
shall also be sent to the nearby employment exchange & recognized
association of SC & ST & local MLA/MPs, Resettlement Directorate of the
Ministry of Defence & the Rajya & Zila Sainik Boards for ex-servicemen &
copy of the notice should also be exhibited in notice boards outside Railway
offices situated in the area of recruitment, a detailed notification shall be
advertised in the local dailies giving the following details:-
Recruitment Unit, Name & Number of posts with reservation detail,
Qualification, Age limits, (including relaxation provisions) Scale of pay,Name
of Div./W.Shops/PU's & Other Org .for which recruitment is being held,
Examination Fee, Procedure for submission of application, Closing date for
submission of application, Choice of language for question papers (Hindi,
English or Regional), Official language as specified in the 8th schedule of the
Constitution of India and question paper shall be set accordingly.[Urdu has
been added as an additional language for setting up of question paper for
rectt. of candidates from open market in pay band - 1 of Rs. 5200-20200 (G.P.
1800/- (RBE 37/11)], Physical Efficiency Test standard,
Any other relevant information.
How to apply
A. PET will be qualifying in nature & criteria for the same will be as under :-
(RBE 11/2018)
Male Candidates
(i) Should be able to lift and carry 35 kg of weight for a distance of 100 metres
in 2 minutes in one chance without putting the weight the weight down;
(ii) Should be able to run for a distance of 1000 metres in 4 minutes and 15
seconds in one chance.
Female Candidates
(i) Should be able to lift and carry 20 kg of weight for a distance of 100 metres
in 2 minutes in one chance without putting the weight the weight down;
(ii) Should be able to run for a distance of 1000 metres in 5 minutes and 40
second in one chance.
B. Persons with disabilities may be exempted from PET for recruitment to the
post in Group "D" categories identified suitable for them and be allowed
directly to appear in the written examination [RB let No. E(NG)II/2006/RC-
2/11 dt 20.7.07]
C. PET & written test has dispensed with for the ex-service men against the
recruitment of ex-service men quota. [RBE 130/10]
D. The entire proceeding of PET is to be video graphed so as to ensure
transparency & the identifications of the bonafide candidates taking part in
PET.
E. PET will be held in the divisions of the concerned Railway & DRM will be
overall in-charge for the conduct of PET.
F. After written examination successful candidates called for documents
verification should be 20% over & above the number of vacancies.[RBE 73/08]
G. Panels will be based strictly on merit position obtained in written
examination. Currency of panel shall be for a period of 2 years from the date
of publication. General Manager may, however, extend the life of the panel by
one year in case of administrative exigencies.
H. P.E.T. will be held during the same period simultaneously by all the
Rlys.[RBd's. L.No. E(NG)-II/2009/RR-1/10/Pt dt. 09.12.10]
Note Since 'UPC' has been discontinued by Department of posts, as such the call
letter for written test, physical efficiency test & other steps connected with the
recruitment. exercise shall be dispatched under "Business Post" at least one month
prior to the date of conduct of examination (RBE 53/13 & 85/13) W.E.F.
25.05.2009 Railway Board have decided to discontinue the policy of providing
alternative appointments to the medically failed empaneled candidates selected
through of RBs / RRCs for any Group "C" or "D" post. [RBE No. 90/09]
Vacancies of class IV in the initial grade in the Work Shops/Traffic and
commercial Department are filled as under:-
A. 10% amongst trackmen/store khalasi & safaiwalas of all deptt. With 50% of
seniority and upper age limit of 38yrs for store khalasi, sfw & 38 years for
trackmen,[RBE 136/07, 86/12 & 121/13 ]
B. 40% amongst volunteers from other Deptt. On bottom seniority. Reservation
rules will not apply against 40% vacancies. (Age limit 33yrs.) for all categories
except gang men for which age limit is 33yrs. [RBE 42/02, 86/12 & 121/13]
Training activates
Each Zonal Railway has its own Zonal Training School, System Technical
Training School and other Institutions for imparting training to their
employees. The training may be either.
1. The trainees/apprentices, other than those covered under the Apprentice Act,
1961, may be given one repeat course or 2nd chance without any stipend or
any other remuneration.
2. The trainees/apprentices, other than those covered under the Apprentice Act,
1961, belonging to OBC categories may be given one repeat course or 2n
chance without any stipend or any other remuneration.
3. The trainees/apprentices, other than those covered under the Apprentice Act,
1961, belonging to SC/ST categories may be given 2nd chance with
stipend/pay & the 3rd chance, without stipend or any other remuneration.
These orders are equally applicable on the directly recruited, Intermediate
Apprentices/LDCE & GDCE candidates. [RBE 96/2000]
4. In promotion - 3 chances may be given at Govt. cost and beyond that he will
have to complete training at his own cost. (Para 227 of IREM-I)
Exemption beyond 57yrs. of age from training may be granted who are not
connected with train passing/operational duties. (RBE 170/11)
Where a specific minimum period of service has been given in the service
agreement, the employee leaving service before completion of such period
shall have to pay the cost of training.
While referring to this statement, the original letters /paras of IREM referred
to should be read for proper appreciation. If any Board’s letter on the subject
which has not been superseded, has not been taken into consideration while
preparing the statement, the said Board’s letter should be treated as valid and
operative.
The basic principle of transacting work in each branch is one file for one subject. The
work in each branch can be divided into appropriate subject and accordingly
appropriate number of major heads can be identified. The major head will cover as
many as possible subjects likely to be dealt in each branch.
A register bearing details of all files maintained by dealing clerk will be opened and
kept by the Chief Office Superintendent. Any new file opened or new volume
opened will be entered in this register. The dealing clerk will maintain running
record of paper received and dealt with and also cases received with back reference
or for further action.
The movement of file may be normal or may need immediate attention. Where
prompt action is required label "Immediate" should be used and where prompt
action is not required but disposal in short span of time is required then label
"Priority" be used.
Normally a dealing clerk should not take more than two days in routine cases and in
complicated cases not more than 4 days to examine and put up any correspondence.
The Chief Office Superintendent should further not take more than 1 or 2 days,
similarly officer should further not take 1 or 2 days in disposal of file. The maximum
time required to dispose the matter should not take more than 07 days.
FILE DETAILS:
Each file is distinct and connected with particular subject. The main constituents of
file are Noting Side and Correspondence side. The noting side will be right side and
correspondence side will be left side. When main file is in transit and matter requires
urgent action, a pilot file can be opened.
NOTING SIDE:
The dealing clerk will give a detailed note whereas the office superintendent and the
officer concerned will confine to actual point without reiterating the whole case. If
higher authorities agree with the above note then they will append the signature
only, but the authority who is to give the decision will pass speaking orders.
CORRESPONDENCE SIDE:
Written communications issuing from the office shall be in one or the other of the
following forms:-
(i) Letter
(ii) Office Memorandum
(iii) Memorandum
(iv) Demi Official Letter
(v) Un-Official Memorandum/ Note
(vi) Endorsement
(vii) Notification
(viii) Resolution
Letter: Letter is the most common form used for all formal communications. A
letter is composed to the following parts:-
(1) Letter head bearing the name of the office and address
(2) Number and date of communication
(3) Name and / or designation of the addresse
(4) Subject
(5) Main text of the letter
(6) Subscription and
(7) Signature and designation of the sender
Office Memorandum:- This form is used for correspondence between the Ministries
of the Government of India. It is written in the third person and bears no salutation
or subscription except the signature and designation of the officer signing it. The
name of the Ministry to which the communication is addressed is shown below the
signature on the extreme left of the page. The use of this form in correspondence
with attached and subordinate office should be avoided.
subscription, except the signature and designation of the officer who signs it. The
name and / or designation of the addressee is indicated below the signature on the
left side of the page.
Demi-Official Letter:-
(a) This form is used in correspondence between Government Officers for an
interchange or communication of opinion or information without the
formality of the prescribed procedure and also when it is desired that a matter
should receive the personal attention of the individual addressed or when it is
intended to bring to the personal notice of an officer a case on which action
has been delayed and official remainders have failed to elicit a suitable reply.
(b) Communications to non-officials may be in the form of demi-official letters,
but should not be referred to as such.
(c) A demi-official communication is addressed personally to an officer by name,
it is written in the first person singular in a personal and friendly tone with
the salutation “My dear ………….” Or “Dear………………” and terminating
with “Yours sincerely” It is signed by the officer generally without
mentioning his designation.
Notification: This form is used for notifying by publication in the Gazettee of India
the promulgation of rules and orders, delegation of powers, appointments, leave and
transfers of gazette officers, etc
Order: This form is generally used for issuing certain types of financial and
administrative sanctions.
Drafting of letter -
When to be prepared:
Except when the line of action on a case is obvious, a draft of the communication
proposed to be sent out will be prepared after orders have been passed by the
competent officer indicating the terms of the reply to be sent.
A Branch officer or a higher officer who has formulated his ideas on a case may
himself prepare a draft and authorize its issue or submit it to the next higher officer
for approval, as the case may be. In other cases a draft will be prepared by office.
Words of a Draft: A draft should convey the exact intention of the orders passed.
The language used should be clear, concise and incapable of misconstruction
Lengthy sentences, abruptness, redundancy, circumlocution, superlatives and
repetitions, whether of words, expression or ideas, should be avoided.
Communications of some length or complexity should generally, conclude with a
summary. Whenever the notes and orders admit of it, they should be incorporated
verbatim in the draft. Where this is not possible or adequate discretion must be used
in condensing or expanding the notes.
General Instructions: A draft will be prepared on and written or typed with double
spacing in half margin and on both sides of paper. Sufficient space should e left
between successive lines so as to admit of a word or phrase being inserted, if
necessary.
A slip bearing the words “Draft for Approval” should be attached to the draft. If
two or more drafts are put up on a file, the drafts as well as the D.V.A slips will be
numbered “D.F.A.I”, D.F.A.II”. D.F.A.III” and so on.
The number and date of the communication replied to or of the last communication
in a series of correspondence on the same subject should always be referred to. The
endorsement on a communication should also always refer to the last
communication on the subject received from, or sent to, the office to which the
endorsement is addressed. Where it is necessary to refer to more than one
communication or a series of communication or a series of communications, this
should be done in the margin of the draft. The subject should be mentioned
invariably in all communications including reminders.
A draft should show clearly the enclosures which are to accompany the fair copy.
The number and description of enclosures should also be indicated at the end of the
draft on the left bottom of the page thus “Encls: 1 Memorandum, letters, 2
confidential reports, 2 service books, 1 chart, etc.,“ If there are no enclosures to the
letter, the word “Nil” should be indicated thus –“ Encl: Nil.
All drafts put up on a file should bear the number of the file. When two or more
letters, notifications, etc are to issue from the same file on the same date to the same
address the serial number should also be given in addition in order to avoid
confusion in reference thus 55G15/3-I, 55G15/3-II, and so on.
'Fresh Receipt' (FR) - Means any subsequent receipt on a case which brings in
additional information to aid the disposal of the paper under consideration.
*Running summary of facts in relation to a case means a summary of the facts of the
case up-dated from time to time to incorporate significant developments as and
when they take place.
'Section' means the basic work unit within a Department, responsible for attending
to items or work allotted to it.
Dealing clerk–Clerk/Sr. Clerk /O.S. entrusted with initial examination and noting
upon the case.
Current file - Means a file, action on which has not been completed.
Indexing - In relation to file means indicating its title under appropriate catch word
arranged in their alphabetical order with a view to facilitated its location in the event
of need.
Index slip - Means a card or paper slip displaying a title of a file under catch work
followed by reference to its file no.
'Standard process sheet' - means a standard skeleton note developed for repetitive
item of work, indicating pre-determined points of check or aspects to be noted upon.
Numbering of pages –
1. Preci paper every page in each part of the file should be consecutively
numbered in separate series at center of the page. Blank intervening pages, if
any should not be numbered but a line should be drawn diagonally across
such pages.
2. Serial Numbers - Every communication, whether receipt or issue together
with its enclosures kept in the "Correspondence", Will be given a serial
number on its first page, preferably on he right-top corner. The first
communication will be marked, "Serial No. I" and the subsequent one will
bear consecutive serial numbers in single series. Enclosure or enclosures to a
communication will be treated as a part of the communication and should be
given same serial number e.g. enclosure with s.no. 1 will be numbered, 1/1,
1/2, 1/3 and so on.
Note: If any case the notes or correspondence portion of file becomes bulky i.e.
exceeds (preci paper) 75 to 100 pages and (correspondence side) 150 to 250,
respectively then file should be closed & new file be opened and marked as 'Volume
II'.
Punching of Papers - Every paper shall be punched at the left hand side with the
correct gauge (3/4 of an inch from either side) before it is tagged to the
correspondence or notes.
Docketing - Docketing is the process of making entries in the notes portion of a file
about each serial number (Receipt or Issue) in the "Correspondence" for its
identification. A communication will be docketed by writing in across the page, its
Serial Number e.g. "S.No. 4 (Receipt)" "S.No.5 (Issue)".
SELECTION / PROMOTION
All vacancies in Group 'B' are filled by promotion on the basis of selection of eligible
Group 'C' employees and also on the basis of Limited Departmental Competitive
Examination, wherever the scheme is in force. Where the scheme of LDCE is in force,
selection is held to fill 70% of the vacancies and LDCE is held to fill the remaining
30% of the vacancies. [RBE 02/06]
Conditions of eligibility:-
For Group "B" selections (except Accounts Department)(70% quota), Group
"C" employees working in Pay Band PB-2 (Rs. 9300-34800) with Grade Pay of
Rs. 4200 and above with 3 years of non-fortuitous service in the grade
(including non-fortuitous service rendered in the corresponding pre-revised
grades) will be eligible.
For Group "B" selections (30% LDCE quota), Group "C" employees working in
Pay Band PB-2 (Rs. 9300-34800) with Grade Pay of Rs. 4200 and above with 5
years of non-fortuitous service in the grade (including non-fortuitous service
rendered in the corresponding pre-revised grades) will be eligible.
In the integrated seniority of Group "C" employees eligible for Group "B"
selections (70% quota), employees in Pay Band PB-2 (Rs.9300-34800) with
Grade Pay of Rs. 4600 will be placed above those in Pay Band PB-2 (Rs.9300-
34800) with Grade Pay of Rs. 4200, in either category, the relative seniority of
employees coming from different streams will be determined with reference
to length of non-fortuitous service in the Scale of PB-2 + 4600 or PB-2 + 4200
as the case may be. [RBE 02/06 & 46/10]
S.No. Category of running staff Scale of pay applicable (VI Scale of stationary post to which
CPC) should be equated (VI CPC)
1 (1) Loco Pilot (M/Exp.)
(2)Sr. Loco Pilot PB- 2 + GP 4200 PB-2 +GP 4600
(Pass)./Senior Motor Man
2 (1)Loco Pilot (Pass.) /
Motor Man PB- 2 + GP 4200 PB-2 +GP 4600
(2) Sr. Goods Loco Pilot
3 (1) Goods Driver
PB- 2 + GP 4200 PB-2 +GP 4600
(2) Sr. Shunter
4 (1) Shunter
PB- 1 + GP 2400 PB-2 +GP 4200
(2) Sr. Asstt. Loco Pilot
5 (1) Asstt. Loco Pilot PB- 1 + GP 1900 PB-1 +GP 2400
6 (1) Guard (M/Exp.) (2)Sr.
PB- 2 + GP 4200 PB-2 +GP 4600
Pass./Sub Guard
7 (1) Passenger/Sub Guard
PB- 2 + GP 4200 PB-2 +GP 4600
(2)Sr. Goods Guard
8 (1) Goods Guard PB- 1 + GP 2800 PB-2+ GP 4200
If adequate number of SCs/STs are not available within the field so determined for
consideration against reserved vacancies the field should be extended to five times
the number of vacancies and only those SCs/STs coming in the extended field (and
not the others) should be considered.
In respect of selections for the Group 'B' posts of Assistant Personnel Officer
employees working in Pay Band PB-2 (Rs. 9300-34800) with grade pay of Rs. 4200/-
and in higher group "C" scales will be eligible to appear for group "B" selection
against 70% quota, provided they have rendered not less than 3 years non fortuitous
service in the grade and all employees who are eligible and who volunteer for the
selection should be considered, without any limitation of number.
[RBE 203/08]
Max. Qualifying
Prescribed papers Remarks
Marks Marks
One paper on 150 90 Out of 150 marks, the
Professional subject and professional subject will
Estt. And Financial Rules carry atleast 100 marks.
The question paper for the written test should have a practical base i.e. it
should be designed to test the ability of candidates to tackle the practical
problems they are likely to face rather than their theoretical knowledge. It is
in view of this that no syllabus has been prescribed for the written
examination except, the written examination for the post of Assistant
Personnel Officer and the Railways depending on the local
conditions/practices should set the paper.
Ten percent of the total marks allotted for testing the professional ability
should be set apart for questions on official language policy and official
language rules. While the employees should be encouraged to attempt the
questions on official language policy and official language rules the questions
should not be compulsory.
The setting of the question paper and evaluation of answer books should be
done by different officers of SA grade Level I who need not necessarily be a
member of the Selection Committee. Questions on official language policy
and official language rules may be set by or in consultation with the Mukhya
Raj Bhasha Adhikari.
Currency of Panel.—The panel will be current for a period of 2 years from the date
of approval of the competent authority or till a fresh panel on the basis of next
selection becomes available whichever is earlier. If the operation of an approved
panel has been held in abeyance either wholly or partly as a result of injunction from
the Court of Law, the currency of the panel should be reckoned after excluding the
period covered by the Court's directive. Before operating the panel after the vacation
of the junction/after disposal of the case by the Court of Law, the personal approval
of the General Manager should be taken.
Selection should not be held separately for the Group 'B' posts in the different
branches with a department except in the case of Mechanical Engineering
Department and T(T)&C departments where selections for the Gr. 'B' posts in each of
the following streams, should be held separately.
Promotion to Group 'B' shall be made by the General Manager except security
department. Such promotion are made in the strict order of panel recommended by
the selection board.
Adhoc promotion.—In the event of an empanelled officer not being available due to
the absence of a panel, ad hoc promotion of the eligible Group 'C' employee may be
made subject to his suitability being assessed by a screening Committee. The
occasion for ordering adhoc promotion should be rare.
Assessment of vacancies:
The concept of anticipated vacancies can notes the following type of vacancies:
Eligibility conditions:
1. The minimum period of service for eligibility for promotion within Group "C"
should be two years in the immediate lower grade irrespective of whether the
employees belong to reserved community or not.
2. The condition of two years minimum service has to be satisfied at the time the
promotion is actually made. Thus employee, who are regular in the relevant
lower grade can be considered according to the procedure laid down but a
person, who is empanelled, can actually be promoted only when he completes
two years’ service in the immediate lower grade.
3. If by virtue of operation of the above, a junior is eligible for promotion to the
relevant next higher grade, his/her senior also will be eligible for promotion
even though he/she might not have put in a total of two years’ service in the
immediate lower grade.
4. If a person is selected for and appointed in another cadre to a post in the same
grade as that held by him in his parent cadre and he has to seek further
promotion in the new cadre, he has to render two years’ service in the new
cadre before being promoted therein.
Promotion
A Railway servant may be promoted to fill any post whether a selection post
or a non-selection post only if he is considered fit to perform the duties
attached to the post. The General Manager or the Head of Department or
Divisional Railway Manager may prescribe the passing of specified
departmental or other tests as conditions precedent to a Railway servant
being considered fit to hold specified post.
1. Staff in the immediate lower grade with a minimum service of two years in
that grade will only be eligible for promotion, unless a longer length of
service in the lower grade has been stipulated as a condition of eligibility for
promotion in any particular category. The Service for this purpose includes
service, if any, rendered on adhoc basis followed by regular service without
break. The condition of two years' service should stand fulfilled at the time of
actual promotion and not necessarily at the stage of consideration. If by virtue
of the above rule, a junior is eligible for such promotion, his senior will also be
eligible for such promotion, even though he might not have put in a total
service of two years, or more (if stipulated in a particular category in the
lower grade).[RBE 175/98]
2. The number of eligible staff called for consideration should be equal to the
number of existing vacancies plus those anticipated during the next six
months due to normal wastage. However, in the case of promotion by trade
test, the vacancies should be calculated on the basis of existing vacancies plus
those anticipated to occur during the next four months.
3. Where non-selection posts are filled from different categories of staff, no hard
and fast limits need be prescribed as to the number of the candidates to be
admitted from each eligible category. In cases where posts are to be filled on
the quota basis it should be ensured that each category is adequately
represented within the overall number of candidates called up. Employees
passing the suitability test should only be placed in the select list. Employees
not qualifying in the test should not be taken merely to make up the quota
fixed.
4. An employee who has passed a suitability test once need not be called for the
test again and should be eligible for promotion as and when vacancies arises.
5. A suitability test should be held at the interval which should not be less than
six months. All the eligible candidates as per their seniority including those
who failed at the last test should be called. The period of six months is
reckoned from the date of announcement of the result.
preference over his junior who had passed the suitability test earlier than him
but is still waiting to be promoted for want of a vacancy.
Selection Post
Selection is the process of screening of eligible employees for filling up post which
has been classified as selection post by railway board. Selections are to be conducted
in a regular manner, however holding of next selection become in minimum time
gap of six month from the date of last panel.
Selection post shall be filled by a positive act of selection made by Selection Boards,
from amongst the staff eligible for selection. The positive act of selection shall
consist of only written test to assess the professional ability of the candidates, for
which reasonable advance notice should be sent, except in the case of selection for
promotion to posts in the categories of Teachers, Law Assistants, Physiotherapists,
Telephone Operators, Instructors in Zonal Training Schools etc., Stenographers,
Chief Typists, Protocol Inspectors, Receptionists, Publicity/Advertising Inspectors,
Photographers/Cameramen and Hostel Superintendents, where the positive act of
selection shall consist of both written test and viva-voce test. The staff in the
immediate lower grade with a minimum of two years’ service in that grade only will
be eligible for promotion, unless a longer length of service in the lower grade has
been stipulated as a condition of eligibility for promotion in a particular category.
The service for this purpose includes service, if any, rendered on ad hoc basis
followed by regular service without break. The condition of two years’ service
should stand fulfilled at the time of actual promotion and not necessarily at the stage
of consideration. If by virtue of the above rule, a junior is eligible for promotion, his
senior will also be eligible for such promotion, even though he might not have put in
a total service of two years, or more, (if stipulated in particular category in the lower
grade).
Provided that the positive act of Selection for promotion to the post of Loco Pilot
(Passenger) will consist of viva-voce only to assess the professional ability of the
candidates, after passing the prescribed promotional course. [RBE 137/03 & 154/05]
Eligible staff upto 3 times the number of staff to be empanelled will be called for the
selection. The staff employed in the immediate lower grade on fortuitous basis will
not be eligible for consideration. [RBE 149/99]
Note
1. Persons who have expressed their unwillingness should not be reckoned for
determining the zone of consideration and additional persons in lieu thereof
may be called for the selection.
2. If a candidate without giving unwillingness, does not appear in the selection,
he has to be taken in the reckoning and therefore has to be called for
supplementary selection. If he gives his unwillingness on a subsequent date
after the selection has commenced, additional persons will not be called to
compensate for him.[RBE 149/99]
i. The assessment of vacancies for selection posts within the cadre will include
the existing vacancies and those anticipated during the course of the next 15
months & all the vacancies, if any, existing and reported upon by a
construction organisation including Railway Electrification and other projects
should also be taken into account. For selection for ex-cadre posts actual
vacancies plus those anticipated in the next two years should be taken into
account.[RBE 141/97]
Adhoc Promotions:-
1) Selection/Suitability tests/trade tests should be conducted timely as per
provisions in Indian Railway Establishment Manual [IREM] so as to obviate
the need for making ad hoc promotions which should be avoided both in
selection and non-selection posts. However, whenever ad hoc promotions are
found inescapable in selection posts in the exigency of service, the same
should be ordered only from amongst the senior-most eligible staff strictly in
accordance with the existing guidelines. As a rule, a junior should not be
promoted, ignoring his senior unless the competent authority ordering the ad
hoc promotion, considers him unsuitable. In any case no second ad hoc
promotion should be allowed under any circumstances.
2) The following guidelines should be adhered while considering ad hoc
promotions:-
a. Adhoc promotion in non-selection posts:- In the case of non-selection posts
including posts filled on the basis of trade tests, the vacancies shall be filled
after following the prescribed procedure quickly. There shall thus be no ad
hoc promotions in non-selection posts.
b. Adhoc promotion in selection posts:- Adhoc promotions may be made in
leave vacancies and short duration vacancies upto 4 months beyond which
period the FA &CAO should not draw the pay of concerned employee
unless the Chief Personnel Officer has personally approved the
continuance.
c. Normally no adhoc promotion should be made against regular vacancies. If
it becomes inescapable to make ad hoc promotion against regular vacancies
warranted by such circumstances as Court's orders etc. such promotion
should be allowed only with the prior personal approval of the Chief
Personnel Officer who should satisfy himself with the reasons for non-
finalisation of the selection before according his sanction. In any case such
arrangements should not be allowed to last over six months save in
exceptional circumstances like where a panel cannot be formed because of
stay orders from Courts etc. [RBE 279/98]
d. The adhoc promotion in construction organization should be restricted & in
no case, second adhoc promotion should be allowed. [RBE 86/11]
e. All promotions shall be done with the approval of the cadre controlling
who is competent to issue regular promotions. The need for adhoc
promotion should be personally approved by the cadre controlling
authority of the open line before any such adhoc promotion is granted by
Construction organization. [RBE 86/11]
Selection Boards
a. Selection Boards shall consist of not less than three officers, one of whom
should be a Personnel Officer and one of the Members should be from a
Department other than that for which selection is held. The presence of a
Personnel Officer in the Selection Boards along with two officers from the
Department for which selection is held would meet the requirement of an
officer being from a Department other than that for which selection is
held.[RBE 52/98]
b. When a Selection Board consist of only three Officers, none of the members be
directly subordinate to any other.
c. For selection posts in scale of pay Rs.5500-9000(RSRP) (Pre VI PC) and above,
the Selections Boards will consist of officers of Junior Administrative Grade.
For all other selection posts the Selection Board will consist of officers not
lower in rank than senior scale. In either case, except in the case of selection
for Personnel Department, the Selection Board may include a Personnel
Officer in the next lower rank who shall nevertheless be an equal member of
the Selection Board.
d. After the implementation of VIth PC, the selection Board, will now consist of
Junior Administrative Grade officers for selection to the posts carrying grade
pay Rs. 4200/- & above, whereas officers in the rank of senior scale may be
nominated for selection to the post carrying grade pay Rs. 2800/- &
below.[RBE 38/11]
Note: In Divisions where JA Grade officers are not available in the concerned
Department, JA Grade Officers of any other Department may be nominated as the
members of the Selection Board, the senior scale officer in independent charge of the
concerned Department, who will not be subordinate to any other Member of the
Selection Board, being nominated as the fourth Member who will also sign the
selection proceedings. In the case of selection for Personnel Department if there is no
JA Grade officer in the Personnel Department of a Division and the post is
Divisionally controlled, in addition to the senior scale personnel officer of the
Division, a JA Grade officer of the adjoining Division or of the Headquarters may be
included in the Selection Board.[RBE 52/98 & 45/99]
f. (i) To make the selection more transparent & fool proof, instructions
contained in Rly. Bds letter dt. 20.10.99 (RBE 272/99) read with other related
instructions should be followed scrupulously.
(ii) Specific acknowledgement should be obtained from the selection
Committee members that they have gone through these instructions and have
followed these in the particular selection for which the proceedings are
being drawn. (RBE 57/13)
Confidential Report - Average marks of the last two ACR's be taken into account for
the purpose of ACR for the third years, where minimum residency period for
promotion to the next higher grade is two years& the ACR for the third year is not
available.[RBE 84/13]
a. (i)In the written test held as part of the selection for promotion to the posts
classified as' Selection', objective type questions should be set for about
50%(in the range of 45% to 55%)of the total marks for the written test except
Account department. [RBE 137/03 & 123/06]
(iii) The question paper for the written test should have practical bias i.e. it
should be designed to test the ability of the candidates to tackle the practical
problems they are likely to face rather than their theoretical knowledge.[RBE
No. 114/05]
(a)Cutting, (b) Overwriting, (c) Erasing (d) Scoring off a ticked answer in
multiple-choice and ticking another answer, and, (e) Modifying the answer in
any way. [RBE 29/09]
c. The Selection Board will examine the service record and confidential reports
(if kept) of the staff eligible. A single evaluation sheet should be prepared to
d. Selection should be made primarily on the basis of overall merit, but for the
guidance of selection Board the factors to be taken into account and their
relative weight are laid down below :-
Factors/Headings Maximum Marks Qualifying Marks
i. Professional ability 50 30
ii. Record of service 30 -
iii. Seniority 20 -
Total 100 60
Note:-
i. The item 'record of service' should also take into consideration the
performances of the employee in essential Training Schools/Institutes apart
from examining CRs and other relevant records.
In case of selection posts, where confidential reports of the employees are not
maintained, marks under the head of 'record of service' will be allotted on the
basis of service record for which uniform criteria will be adopted by the
selection committee. Candidates must obtain a minimum of 60% marks
in professional ability and 60% marks of the aggregate for being placed on the
panel. In a few cases where both written and oral tests are held for adjudging
the professional ability, the written test should not be of less than 35% marks
and the candidates must secure 60% marks in written test for the purpose of
being called in viva-voce test.[RBE 154/07]
iii. The proviso in the Note (ii) above will not be applicable in respect of the ex-
cadre posts where the employee retains his lien in the parent cadre and seeks
advancement therein. [RBE 149/99]
f. For general posts i.e. those outside the normal channel of promotion for
which candidates are called from different categories whether in the same
department or from different departments, the selection procedure should be
as under:-
i. All eligible staff irrespective of the department in which they may be
working who satisfy the prescribed conditions of eligibility and volunteer
for the post should be subjected to selection which should consist of a
written test and in a few cases viva-voce test also as indicated below. The
various factors of selection and their relative weight will be as indicated
below:-[RBE 263/98]
Factors/Headings Maximum Marks Qualifying Marks
i. Professional ability 50 30
ii. Record of service 30 -
Total 80 48
Note:-
In the case of selection for promotion to the post of Asstts. Loco Pilots
(Diesel/Electric) and ASMs, the distribution of marks amongst various headings in
lieu of headings in the table below shall be followed [RBE 35/06]
Factors/Headings Maximum Marks Qualifying Marks
i. Professional ability 50 30
ii. Record of service 30 -
iii. Aptitude Test 20 Min. cut off as
may be decided by
RDSO
Total 100 60
ii. The final panel should be drawn up in order of seniority from amongst
those who secure a minimum of 60% marks in the professional ability and
60% marks in the aggregate, provided that those securing a total of 80% or
more marks will be classed as outstanding and placed at the top of the
panel in order of seniority. [RBE 263/98, 35/06 & 123/06]
iii. The Psychological Test are required for promotion to the posts of
Switchman, ASM, ALP, Motorman, high speed drivers. This will be of
qualifying nature & person who fails in the Psycho test is not eligible to be
included in the panel/suitability test.[RBE 173/99 & RDSO letter dt.
08.07.13 (NWR PS 62/13)]
g. The list will be put up to the competent authority for approval. Where the
competent authority does not accept the recommendations of a Selection
Board, the case could be referred to the General Manager, who may constitute
a fresh Selection Board at a higher level, or issue such other orders as he
considers appropriate.
If after the formation and announcement of the panel with the approval of the
competent authority it is found subsequently that there were procedural
irregularities or other defects and it is considered necessary to cancel or
amend such a panel, this should be done after obtaining the approval of the
authority next higher than the one that approved the panel.
c. In case an employee lower in the panel has officiated whereas one higher in
the panel has not officiated for reasons beyond the latter's controlled such as
sickness, non-released by the administration on promotion, the latter
employee will not be required to appear for fresh selection. If, however, the
senior person does not officiate for reasons of his own, this implied that he
has refused promotion. In that case, the next junior is the rightful person to be
promoted and the employee who is deemed to have refused promotion under
this sub-para will not be entitled to protection in such a case.
Automatic empanelment of staff in higher grade selection and non-selection posts
a. Selection posts.—A railway servant selected for a higher grade selection post
without having been selected for the intermediate grade selection post, if in
the same avenue of promotion, should be treated as automatically selected for
the latter post, provided that the original group 'C' post, the intermediate
group 'c' selection post, and his/ her present group 'c' post are all in the same
avenue of promotion and none of them is a general post for which several
categories of staff are eligible. If the Selection Board for the intermediate
grade selection post have placed some persons as "outstanding", in that case,
an employee selected for a higher grade group 'c' selection post or group 'c'
post in the normal channel of promotion may be deemed to have been
classified as "outstanding" and given the place in accordance with the
seniority amongst those classified by the Selection Board as "outstanding" for
the intermediate grade selection post, provided the Selection for that post is
held after such an employee has already been selected for the higher grade
selection post.
Provided that the benefit of pro forma promotion in the Intermediate Skilled
Grade to an Artisan in the skilled grade selected as Intermediate Apprentice
for absorption as Junior Engineer Gr.II in scale Rs.5000-8000 by the process of
Limited Departmental Competitive Examination and undergoing
Training/Apprenticeship, will be due with reference to actual date of
promotion of his immediate junior, only, if he passes the prescribed trade test
for which he may be called as per seniority in the relevant skilled grade.[RBE
135/99]
SUPPLEMENTARY SELECTION
Supplementary selection (both written test and the viva-voce, wherever
prescribed) can be held for candidates coming under the following categories:
i) Summons for the written test / interview being received late by the
candidates.
ii) Failure on the part of administration to relieve the candidate.
iii) Sickness of the employee or other reasons beyond his control.
(PARA 223 of IREM)
Procedure for coding & decoding of roll numbers in case of selection posts: -
[RBE 82/10]
Coding and decoding of roll numbers after the written test is over shall be the
responsibility of the Personnel Officer of the department for which selection is held.
In case of Personnel Department, the Personnel Officer other than the evaluating
officer shall be the officer responsible for this purpose. The level of Personnel Officer
for this purpose may be decided by the General Manager.
Coding and decoding shall be the responsibility of the single officer, i.e., Personnel
Officer nominated for this purpose, even if examination is held at more than one
centres and in no case it should be done by more than one officer. Similarly, in case
of selections in Personnel Department, Personnel Officer other than evaluating
officer shall be the officer responsible for this purpose and in no case evaluating
officer shall be nominated for coding and decoding of roll numbers.
Refusal of Promotion
I. Selection Posts
i. The employee refusing promotion expressly or otherwise (i.e. not only he
does not give in writing his refusal but also does not join the post for which
he has been selected) is debarred for future promotion for one year but he is
allowed to be retained at the same station in the same post. Promotion after
one year will be subject to continued validity of the panel in which he is
borne, otherwise he will have to appear again in the selection.
ii. at the end of one year if the employee again refuses promotion at the
outstation, his name may be deleted from the panel, deletion being automatic
requiring no approval from any authority and the administration may
transfer him to out-station in the same grade. He will also have to appear
again in the selection notwithstanding the fact that he in the meantime, has
officiated non-fortuitously against short term vacancy based on his panel
position.
iii. Seniority will be as from the date of effect of promotion and he will be junior
to all the persons promoted earlier than him from the same panel irrespective
of his panel position. He will not, however, lose seniority to another employee
promoted to the same promotion category during the one year period of
penalty as a result of a fresh selection subsequently held.
i. Such an employee should be debarred for future promotion for one year but
not be transferred away from that station for one year if unavoidable
domestic reasons exists. He should again be debarred for promotion for one
year in case he refuses promotion again- after the first year of department or
refusal of promotion for second time, the Administration can however
transfer him to outstation in 'the same grade and the employee has again to
appear for a suitability test when his turn for promotion comes.
ii. He will rank junior to all promoted during the period he was allowed to
refuse promotion irrespective of his relative seniority. He will not, however
lose seniority to another employee promoted to the same category during the
one year period of penalty as a result of fresh suitability test subsequently
held.
NOTE
1. Administration can, however, entertain request from employee for
postponement of promotion for very short periods on account of grave
domestic difficulties or other humanitarian considerations. The employee
concerned will be promoted after the period provided there is avacancy and
he will take his seniority from the date of the promotion.
2. Refusal of promotion has relevance to a particular grade at any station and
not to a particular post at a particular station.
In the case of promotion at the same station, whether in long term or short term
vacancies, refusal to officiate on promotion may be taken as refusal to work inviting
disciplinary action having regard to the reasons for such refusal.
Provided that D&A action based on good and sufficient reasons may be initiated for
refusal of ad hoc promotion at the same station only in those cases where such
refusal affects train operations. [RBE 311/89, 200/04]
i. An employee may officiate on ad-hoc basis for six weeks without passing a
trade test.
ii. Trade test may comprise both oral and practical test but no separate oral tests
not forming part of the trade test should be given to candidates in Artisan
category to screen them etc.
1. The actual trade test will be arranged by an Assistant Officer according to the
specified trade tests. He will assess the results of the trade test which must be
supervised by a supervisor not below the rank of Assistant Foreman or
equivalent status.
Staff who have already qualified in the Suitability/Trade Test for non-selection post
while in Construction/Railway Electrification Projects need not be subjected to such
tests on the open line and they may be promoted on the basis of their seniority as
and when due in turn. This concession is applicable in comparable trades only in
which the lien of the individual is kept on the open line and is applicable to only one
grade higher than the one in which the lien is kept.
Erroneous Promotions:-
ii. Where a person has been promoted but not on the date from which he would
have been promoted but for the administrative error.
Each such case should be dealt with on its merits. The staff who have lost
promotion on account of administrative error should on promotion be
assigned correct seniority vis-a-vis their juniors already promoted,
irrespective of the date of promotion. Pay in the higher grade on promotion
may be fixed Performa at the proper time. The enhanced pay may be allowed
from the date of actual promotion. No arrears on this account shall be payable
as he did not actually shoulder the duties and responsibilities of the higher
posts.
3. Except where the appointing authority is the Railway Board or the President,
the question whether promotion/appointment of a particular railway servant
to a post was erroneous or not should be decided by an authority next higher
than the appointing authority in accordance with the established principles
governing promotions / appointments. Where the appointing authority is the
Railway Board or the President, the decision should rest with the President
and shall be final.
The Screening Committee shall follow a time-schedule and meet twice in a financial
year -preferably in the first week of January and first week of July of a year for
advance processing of the cases maturing in that half.
hierarchy of the concerned cadre / organization will be given only at the time
of regular promotion.
3. The financial upgradations under the MACPS would be admissible upto the
highest Grade Pay of Rs. 12000/- in the PB-4. [RBE 39/11]
4. Benefit of pay fixation available at the time of regular promotion shall also be
allowed at the time of financial upgradation under the Scheme. There shall,
however, be no further fixation of pay at the time of regular promotion if it is
in the same Grade Pay as granted under MACPS. However, at the time of
actual promotion if it happens to be in a post carrying higher Grade Pay than
what is available under MACPS, no pay fixation would be available and only
difference of Grade Pay would be made available.
5. Promotions earned / upgradations granted under the ACP Scheme in the past
of those grades which now carry the same Grade Pay due to merger of pay
scales / up-gradations of posts recommended by the Sixth Pay Commission
shall be ignored for the purpose of granting up-gradations under Modified
ACPS.
6. With regard to fixation of pay on grant of promotion / financial upgradation
under MACP Scheme, a Railway servant has an option under Rule 1313 (1) (a)
(i) of the Indian Railway Establishment Code - Volume II, (Sixth Edition 1987 -
2nd Reprint, 2005) [FR 22(1)(a)(i)] to get his pay fixed in the higher post /
Grade Pay either from the date of his promotion / upgradation or from the
date of his next increment viz. 1st July of the year. The pay and the date of
increment would be fixed in accordance with clarification number 2 of RBE
No. 132/2008.
7. Promotions earned in the post carrying same Grade Pay in the promotional
hierarchy as per Recruitment Rules shall be counted for the purpose of
MACPS.
8. Regular service for the purpose of the MACPS shall commence from the date
of joining of a post in direct entry grade on a regular basis either on direct
recruitment basis or on absorption / re-employment basis. Service rendered
on adhoc / contract basis before regular appointment or pre-appointment
training shall not be taken into reckoning. However, past continuous regular
service in another Government / Department in a post carrying same Grade
Pay prior to regular appointment in a new Department, without a break, shall
also be counted towards qualifying regular service for the purpose of MACPS
only (and not for the regular promotions).
9. Past service rendered by a Railway employee in a State Government /
statutory body / Autonomous body / Public Sector organization, before
appointment in the Railways shall not be counted towards Regular Service.
10. Regular service shall include all periods spent on deputation / Foreign
Service, study leave and all other kind of leave, duly sanctioned by the
competent authority.
11. The MACPS shall also be applicable to work charged employees, if their
service conditions are comparable with the staff of regular establishment.
12. If a financial upgradation under the MACPS is deferred and not allowed after
10 years in a Grade Pay due to the reason of the employees being unfit or due
counted towards the regular service in his/her new organization for the
purpose of giving financial upgradation under the MACPS.
20. In case, an employee after getting promotion / ACP seeks unilateral transfer
on lower post or lower scale, he will be entitled only for second and third
financial up-gradations on completion of 20/30 years of regular service under
the MACPS, as the case may be, from the date of his initial appointment to the
post in the new organization.
Note:- In connection with above it is clarified vide Rly. Bd's letter dt 28.12.10
that regular service rendered in previous organization / office shall be
counted along with the regular service in the new organization for the
purpose of MACPS.[RBE 188/10]
It is further clarified vide Rly. Bd's letter dt. 31.01.13, that wherever an official,
is reverted to the lower post/Grade from the promoted post/Grade before
being relieved for the new organazation/office, such past promotion will be
ignored for the purpose of MACPS in the new organization/office. In respect
of those cases where benefit of pay protection have been allowed at the time
of transfer to other oraganization/Unit & thus the employee had carried the
financial benefit of promotion, the promotion earned in the previous
oraganization has to be reckoned forthe purpose of MACPS. (RBE 08/13)
21. If a regular promotion has been offered but was refused by the employee
before becoming entitled to a financial upgradation, no financial upgradation
shall be allowed as such an employee has not been stagnated due to lack of
opportunities. If, however, financial upgradation has been allowed due to
stagnation and the employee subsequently refuses the promotion, it shall not
be a ground to withdraw the financial upgradation. He shall, however, not be
eligible to be considered for further financial upgradation till he agrees to be
considered for promotion again and the second or the next financial
upgradation shall also be deferred tothe extent of period of debarment due to
the refusal.
For example, if financial up gradation has been given w.e.f 01.09.2008 issued
vide office letter dated 12.11.2009 and regular promotion is given to the same
employee on 06.11.2009 then financial upgradation to employee w.e.f
01.09.2008 will be treated as given before promotion. If an employee refuses
for his promotion given vide letter dated 06.11.2009, then entitled financial
upgradation after the date of promotion will be affected. [PS 66A/09 NWR]
In connection with above it is further clarified by Board that the instructions
under ACP/MACP scheme regarding refusal of promotion is applicable in
case of regular promotion only. Therefore, the employees who have refused
adhoc promotion are entitled to grant of financial upgradation under MACPS
(Rly. Bds letter No. PC-V/2009/ACP/2 dt. 13.12.13 (P.No. 205 of RBO 2012)
22. Cases of persons holding higher posts purely on adhoc basis shall also be
considered by the Screening Committee along with others. They may be
allowed the benefit of financial upgradation on reversion to the lower post or
if it is beneficial vis-a-vis the pay drawn on adhoc basis.
23. Employees on deputation need not revert to the parent Department for
availing the benefit of financial upgradation under the MACPS. They may
exercise a fresh option to draw the pay in the Pay Band and the Grade Pay of
the post held by them or the Pay plus Grade Pay admissible to them under
the MACPS, whichever is beneficial.
24. 50% of temporary status casual labour service on absorption in regular
employment may be taken into account towards the minimum service of 10,
20 and 30 years for the grant of benefits under MACPS.[RBE 215/09]
25. The entire temporary status service of substitutes followed by regularization
without break may be taken into account towards the minimum service of
10,20 and 30 years for the purpose of grant of benefit under the MACPS.[RBE
36/10]
26. MACPS is not applicable to teaching staff (RB letter No. E(P&A)-2005/PS-
5/PE5 dated 01.02.10)
27. Benefit of Passes/PTO's Corresponding to the next higher grade pay granted
under the MACP scheme will be available to the employee. However the
grant of financial up gradation under MACP does not entail any change in
designations, classification and status of an employee. Accordingly, the
benefits related to higher status inherent in the higher Pay Band and /or
Grade Pay is not available to such an employee who has been granted higher
grade pay under the MACP.[RBE 06/11]
28. Arrears of the pay & allowances arising due to MACP scheme cannot be
deposited in the Provident Fund. [RBA 17/11]
29. The placement of Pharmacists in grade pay of Rs. 4200 in PB-2 on completion
of 02 yrs. Service in the grade pay of Rs. 2800 in PB-1 (entry grade) has to be
counted / treated as one upgradation under the MACP scheme. [R.B. Letter
No. PC-V/2009/ACP/2 dt. 20.04.10
30. Engineering graduates recruited initially in the grade of Rs. 5500-9000 &
promoted to Rs. 6500- 10500 against the 20% DR quota be treated at par with
fresh recruits in the scale of Rs. 6500-10500 w.e.f. the date they were promoted
to the pay scale of Rs. 6500-10500 for purpose of MACP scheme.[RBE 93/11]
31. The instructions under ACP/MACP scheme regarding refusal of promotion is
applicable in case of regular promotions only. Therefore, the employees who
have refused adhoc promotions are entitled to grant financial upgradation
under MACPS.[Rly. Bd's letter No. PC V/2009/ACP/2 dt. 13.02.12]
32. In cases where the persons are medically de-categorized & appointed to some
other posts in lower pay scale/grade pay, past service may be counted
towards MACP scheme. Even where a person had earned one
promotion/financial upgradation prior to medical de-categorization & is
appointed to a lower post, since the transfer is not own Volition, there is no
objection to counting of past service including, for the period he held a higher
service on promotion, for deciding three financial upgradation under MACP
scheme. [RBE 20/12]
33. Grant of benefits under MACPS in respect of the employees qualifying
through LDCE/GDCE, it is clarified that :-
i. If the relevant RRs provides for filling up of vacancies in a grade by
Direct Recruitment, induction on an employee to that grade through
LDCE/GDCE may be treated as Direct Recruitment for the purpose of
SENIORITY
General : Following are the General principles that may be followed for determining
the seniority of non-gazetted railway servants on railway administration.
Unless specifically stated otherwise, the seniority among the incumbents of a post in
a grade is governed by the date of appointment to the grade. The grant of pay higher
than the initial pay should not, as a rule, confer on a railway servant seniority above
those who are already appointed against regular posts. In categories of posts
partially filled by direct recruitment and partially by promotion, the criterion for
determination of seniority should be the date of regular promotion after due process
in the case of promotee and the date of joining the working post after due process in
the case of direct recruit, subject to maintenance of inter-se-seniority of promotees
and direct recruits among themselves. When the dates of entry into a grade of
promoted railway servants and direct recruits are the same, they should be put in
alternate positions, the promotees being senior to the direct recruits, maintaining
inter-se-seniority of each group.
a. Candidates who are sent for initial training to Training Schools will rank in
Seniority in the relevant Grade in the order of merit obtained in the
examination held at the end of the training period before being posted against
working post. Those who join the subsequent courses and those who pass the
examination in subsequent chances will rank junior to those who had passed
the examination in earlier courses. In case, however, persons belonging to the
same RRB panel are sent for initial training in batches due to administrative
reasons and not because of reasons attributable to the candidates, the inter-se
seniority will be regulated batch wise provided persons higher up in the
panel of RRB not sent for training in the appropriate batch (as per seniority)
due to administrative reasons shall be clubbed along with the candidates who
took the training in the appropriate batch for the purpose of regulating the
inter-se seniority provided such persons pass the examination at the end of
the training in the first attempt. [RBE No. 47/93]
b. In the case of candidate who do not have to undergo any training in training
school, the seniority should be determined on the basis of the merit order
assigned by the Railway Recruitment Board or other recruiting authority.
When two or more candidates are declared to be of equal merit at one and the same
examination/ selection, their relative seniority is determined by the date of birth the
older candidate being the senior. [Para 304]
Mutual exchange: Railway servants transferred on mutual exchange from one cadre
of a division, office or railway to the corresponding cadre in another division, office
or railway shall retain their seniority on the basis of the date of promotion to the
grade or take the seniority of the railway servants with whom they have exchanged,
whichever of the two may be lower. [Para 310]
e. In the case of staff who are not required to undergo periodical Medical
examination butwho of their own accord request for change of category on
grounds of health, and arerecommended change of occupation by the medical
authority, their change will be treated astransfer on own request and dealt
with as per para 312.[Rly. Bd. No. E(NG)I-76 SE 6/37, dated 18-9-1976]
their inter-se seniority in the latter unit/department will be same as in their previous
unit/department provided that :-
i. no direct recruit has been selected for appointment to that grade in between
these dates; and
ii. no promotee has been approved for appointment to that
grade between these dates.
Subject to what has been stated in paragraphs 302, 303, 304, 305 & 306, when the
dates of appointment to the grade are the same, the dates of entry into the grade next
below it shall determine seniority. If those dates also coincide, then the dates of entry
into each of the lower grades in order down to the lowest grade in the channel of
promotion shall determine seniority. If these dates are also identical, then the
relative date of birth shall determine seniority, the older person being the senior.
[Para 314]
Subject to what is stated in paragraphs 316, 317 and 320 where the passing of a
departmental examination or trade test has been prescribed as a condition precedent
to the promotion to a particular non-selection post, the relative seniority of the
railway servants passing the examination/test in their due turn and on the same
date or different dates which are treated as one continuous examination, as the case
may be, shall be determined with reference to their substantive or basic seniority.
A railway servant who, for reasons beyond his control, is unable to appear in the
examination/test in his turn along with others, shall be given the examination/test
immediately he is available and if he passes the same, he shall be entitled for
promotion to the post as if he had passed the examination/test in his turn. [Para 316]
Seniority of Accounts Clerk on promotion to Junior Accounts Assistant in
Accounts Department : [Para 318]
Note: Non-fortuitous service means the service rendered after the date of regular
promotion after due process.
a. Railway servants may be permitted to see the seniority lists in which their
names are placed, or if this cannot conveniently be arranged, they may be
informed, on request, of their place on the seniority list.
b. Staff concerned may be allowed to represent about the assignment of their
seniority position within a period of one year after the publishing of the
seniority list. No cases for revision in seniority lists should be entertained
beyond this period.
All persons who were directly recruited in the Locomotive Component Works shall
be deemed to have been transferred to the Diesel Locomotive Works on 1-8-1961, the
date on which the Diesel Locomotive Works was set up. The grade held by them as
on 1-8-1961 and the length of non-fortuitous service in that grade shall be the basis
for fixing their relative seniority in the Diesel Locomotive Works on that date.
RESERVATION ROSTERS
The Constitution of India has provided, among other various protections and
safeguards, safeguards for Public employment to the persons belonging to the
Scheduled Castes and Scheduled Tribes. Specific provisions for reservations
in services in favour of the members of Scheduled Casts and Scheduled Tribes
have been made in the Constitution of India.
To fulfill the Constitutional Provisions, Railway has made the provisions for
Reservation in the matter of direct recruitment and Promotions.
Reservation in recruitment and promotions have been introduced
progressively.
Orders of reservation were issued immediately on attainment of
Independence on 21.09.1947 providing reservations of 12.5% of vacancies for
Scheduled Casts in respect of recruitments made by open competition. In case
of recruitments otherwise than by open competition, this percentage was
fixed at 16.66%. After promulgation of the Constitution, reservation was
provided to the extent of 5% for Scheduled Tribes also. This reservation of
12.5% for Scheduled Casts and 5% for Scheduled Tribes was later on
increased to 15% and 7.5% respectively from 25.03.1970. [RBE 166/93]
TABLE SHOWING THE PERCENTAGE OF RESERVATION FOR SCs/STs/OBCs
IN DIRECT RECRUITMENT
PERCENAGE REMARKS(Made
No. MODE ROSTER
SC ST OBC effective from)
1 Direct recruitment through open 8.33 -- -- -- 1943
competition
2 (i) Direct recruitment through open 12.5 -- -- -- 1947 (21.09.1947)
competition on All India Basis
(ii) Direct recruitment otherwise than 16.66 -- -- -- 1947(21.09.1947)
by open market
3 (i) Direct recruitment through open 12.5 5 40 Points 1950 (26.01.1950)
competition on All India Basis (1952)
(ii) Direct recruitment otherwise than 16.66 5 -- 40 Points 1950(26.01.1950)
by open market (1952)
4 (i) Direct recruitment through open 15 7.5 -- 40 Points 25.03.1970
competition on All India Basis
(ii) Direct recruitment otherwise than 16.66 7.5 -- 40 Points 25.03.1970
by open market
5 (i) Direct recruitment through open 15 7.5 27 200 Points 08.09.1993
competition on All India Basis
The reservation policy has been viewed from time to time, as a result of that
reservation has been extended in promotions also as under:- [RBE 166/93]
The principles for preparing the post based rosters are as under:-
The number of points in the roster shall be equal to the number of posts in the
cadre. In case there is any increase or decrease in the cadre strength in future,
the rosters shall be expanded or contracted correspondingly.[RBE 113/97 &
114/97]
Cadre, for the purpose of roster, shall mean a particular grade (now grade
pay) and shall comprise the number of the posts to be filled by a particular
mode of recruitment in terms of the codal / manual provisions or Railway
Board's instructions issued from time to time. Thus, in a cadre of, say 200
posts where the recruitment rules prescribed a ratio of 50:50 for direct
recruitment and promotion, 2 rosters - one for direct recruitment and another
for promotion each comprising 100 points shall be drawn up. The cadre also
means the sanctioned temporary posts, work charged posts, supernumerary
posts, shadow posts in the grade. [RBE 113/97 & 114/97]
The number of points in each roster shall be equal to the number of posts in a
cadre and there should be separate rosters for direct recruitment and for
promotions where reservation in promotion applies [RBE 113/97 & 114/97]
When two different grades are merged into one single grade, then Roster for
lower grade is to be discontinued and old Roster of higher grade is to be
continued by taking shortfall of lower grade into Roster for higher grade.
[RBE 166/93]
When any Headquarters controlled post is decentralized as Divisional
Controlled Post, then on Divisions, fresh Roster is to be operated by taking
shortfall into new-Roster which is allotted by Headquarters Office, if any.
Such shortfall is distributed to Divisions as per the strength on Divisions.
[RBE 166/93]
The SC/ST candidates appointed by promotion on their own merit and not
owing to reservation or relaxation of qualifications will not be adjusted
against the reserved point of the reservation roster. They will be adjusted
against unreserved points.[RBE 128/02]
If an unreserved vacancy arises in a cadre and there is any SC/ST candidate
within the normal zone of consideration in the feeder grade, such SC/ST
candidate cannot be denied promotion on the plea that the post is not
reserved. Such a candidate will be considered for promotion alongwith other
candidates treating him as if he belongs to general category. In case he is
selected, he will be appointed to the post and will be adjusted against the
unreserved point.[RBE 128/02]
SC/ST candidates appointed on their own merit (by direct recruitment or
promotion) and adjusted against unreserved points will retain their status of
SC/ST and will eligible to get benefit of reservation in future / further
promotions, if any.[RBE 128/02]
50% limit on reservation will be computed by excluding such reserved
category candidates who are appointed / promoted on their own merit. [RBE
128/02]
Reservation will not apply to single posts cadre.[RBE 118/05]
Instructions contained in RBE 114/97 regarding adoption of Post-Based
rosters for promotion should also apply for promotion from group "C" to
group "B" and within group "B" categories.[RBE 194/0 5]
SC/ST candidates appointed by promotion on their own merit and seniority
and not owing to reservation or relaxation of qualifications will be adjusted
against unreserved points of reservation roster, irrespective of the fact
whether the promotion is made by selection method or non-selection method.
These orders shall take effect from 21.08.1997, the date on which post based
reservation was introduced on railways. However, the staff already promoted
prior to 01.09.10 (i.e. issue of Railway Board's letter) may not be reverted.
Shortfall in the category of SCs/STs, if any, shall be made good through
vacancies arising in future.[ RBE 126/10]
For Direct Recruitment Post Based Model Roster for more than 02 and upto 14 posts
[ RBE 113/97 & 114/97]
Cadre Initial
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th
Strength Rectt.
1 UR OBC UR SC UR OBC UR ST UR OBC UR SC UR UR OBC
2 OBC UR SC UR OBC UR ST UR OBC UR SC UR UR OBC
3 UR SC UR OBC UR ST UR OBC UR SC UR UR OBC
4 SC UR OBC UR ST UR OBC UR SC UR UR OBC
5 UR OBC UR ST UR OBC UR SC UR UR OBC
6 OBC UR ST UR OBC UR SC UR UR OBC
7 UR ST UR OBC UR SC UR UR OBC
8 ST UR OBC UR SC UR UR OBC
9 UR OBC UR SC UR UR OBC
10 OBC UR SC UR UR OBC
11 UR SC UR UR OBC
12 SC UR UR OBC
13 UR UR OBC
14 UR OBC
For Direct Recruitment posts based model roster for 15 posts and above is as under: -
[RBE 113/97, 114/97 & 59/01]
Cadre
SC ST OBC
Strength
15 4,12 8 2,6,10,14
16 4,12 8 2,6,10,14
17 4,12,17 8 2,6,10,14,18
18 4,12,17 8 2,6,10,14,18
19 4,12,17 8 2,6,10,14,18
20 4,12,17 8,20 2,6,10,14,18
21 4,12,17 8,20 2,6,10,14,18
22 4,12,17 8,20 2,6,10,14,18,22
23 4,12,17 8,20 2,6,10,14,18,22
24 4,12,17,24 8,20 2,6,10,14,18,22
25 4,12,17,24 8,20 2,6,10,14,18,22
26 4,12,17,24 8,20 2,6,10,14,18,22,26
27 4,12,17,24 8,20 2,6,10,14,18,22,26
28 4,12,17,24 8,20 2,6,10,14,18,22,26,28
& so on
For promotion -post based model roster for more than 02 and upto 14 posts and
above is as under[ RBE 113/97 & 114/97]
Cadre Initial
1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th 12th 13th 14th
Strength Rectt.
1 UR UR UR SC UR UR UR ST UR UR UR SC UR UR UR
2 UR UR SC UR UR UR ST UR UR UR SC UR UR UR
3 UR SC UR UR UR ST UR UR UR SC UR UR UR
4 SC UR UR UR ST UR UR UR SC UR UR UR
5 UR UR UR ST UR UR UR SC UR UR UR
6 UR UR ST UR UR UR SC UR UR UR
7 UR ST UR UR UR SC UR UR UR
8 ST UR UR UR SC UR UR UR
9 UR UR UR SC UR UR UR
10 UR UR SC UR UR UR
11 UR SC UR UR UR
12 SC UR UR UR
13 UR UR UR
14 UR UR
For Promotion- post based model roster for 15 posts and above is as under: - [ RBE
113/97, 114/97 & 59/01]
Cadre
SC ST
Strength
15 4,12 8
16 4,12 8
17 4,12,17 8
18 4,12,17 8
19 4,12,17 8
20 4,12,17 8,20
21 4,12,17 8,20
22 4,12,17 8,20
23 4,12,17 8,20
24 4,12,17,24 8,20
25 4,12,17,24 8,20
26 4,12,17,24 8,20
27 4,12,17,24 8,20
28 4,12,17,24 8,20
& so on
FIXATION OF PAY
[Rule 1301 to 1330 of IREC-II]
Pay- Pay means the amount drawn monthly by a Government servant as:- [Rule
1303]
i. the pay other than special pay or pay granted in view of his personal
qualifications, which has been sanctioned for a post held by him substantively
or in an officiating capacity or to which he is entitled by reason of his position
in a cadre: and
ii. overseas pay, special pay and personal pay and
iii. any other emoluments which may be specifically classified as pay by the
President.
Substantive Pay means the pay other than special pay, personal pay or emoluments
classed as pay to which a railway servant is entitled on account of a post to which he
has been appointed substantively or by reason of his substantive position in a
cadre.[Rule 1309]
Note -In the case of a person with a lien on a permanent post under a State
Government, "Substantive Pay" means the "substantive pay" as defined in the
relevant rules of the State Government concerned.
Fixation of pay at the time of first appointment [Para 601 IREM Vol. I]
The initial pay of a railway servant who is appointed to a post on a time scale of pay
is regulated as follows:-¬The pay of person appointed afresh to a railway post is
fixed at the minimum of the time-scale of post to which he is appointed. It is left to
the discretion of the authority competent to create a permanent post to fix his pay at
a higher stage in the time scale of the post in certain exceptional cases. Such fixation
should, however, be made in consultation with the Financial Advisor of the railway
administration concerned.
The initial pay of a railway servant who is promoted to a post on a time scale of
pay is regulated as follows:- [Rule 1313 IREC II]
(1) Where a railway servant holding a post, other than a tenure post, in a
substantive or temporary or officiating capacity is promoted or appointed in a
substantive, temporary or officiating capacity as the case may be, subject to
the fulfillment of the eligibility conditions as prescribed in the relevant
Recruitment Rules, to another post carrying duties and responsibilities of
greater importance than those attaching to the post held by him, his initial
pay in the time scale of the higher post shall be fixed at the stage next above
the notional pay arrived at by increasing his pay in respect of the lower post
held by him regularly by an increment at the stage at which such pay has
accrued. (or rupees hundred only whichever is more w.e.f 01.01.1996 to
31.12.2005)
Provided that where a railway servant is, immediately before his promotion
or appointment on regular basis to a higher post, drawing pay at the
maximum of the time scale of the lower post, his initial pay in the time scale
of the higher post shall be fixed at the stage next above the pay notionally
arrived at by increasing his pay in respect of the lower post held by him on
regular basis by an amount equal to the last increment in the time scale of the
lower post.
(2) When the appointment to the new post does not involve such assumption of
duties and responsibilities or greater importance, he shall draw as initial pay,
the stage of the time scale which is equal to his pay in respect of the old post
held by him on regular basis, or, if there is no such stage, the stage next above
his pay in respect of the old post held by him on regular basis;
Provided that where the minimum pay of the time scale of the new post is
higher than his pay in respect of the post held by him regularly, he shall draw
the minimum as the initial pay; Provided further that in a case where pay is
fixed at the same stage, he shall continue to draw that pay until such time as
he would have received an increment in the time scale of the old post; in cases
where pay is fixed at the higher stage, he shall get his next increment on
completion of the period when an increment is earned in the time scale of the
new post.
(3) When appointment to the new post is made on his own request and the
maximum pay in the timescale of that post is lower than his pay in respect of
the old post held regularly, he shall draw that maximum as his initial pay.
(a) When the pay scale of the post in the parent cadre and that attached to ex-
cadre post are based on same index level and the DA pattern is also same, the
pay may be fixed under the normal Fundamental Rules.
(b) If the appointment is made to a post whose pay structure and / or DA pattern
is dissimilar to that in the parent organization, pay may be fixed by adding to
his grade pay, one increment in the scale of his regular parent post and if he
was drawing pay at the maximum of the scale, by the increment last drawn
and equating the pay so raised plus dearness allowance (and additional or ad
hoc Dearness Allowance, Interim Relief etc., if any) with emoluments
comprising of pay plus DA, ADA, Interim Relief etc., if any, admissible in the
borrowing organization and the pay may be fixed at the stage in the pay scale
of admissible in ex-cadre post as above equal the emoluments drawn in the
cadre and if there is no such stage, pay may be fixed at the next higher stage.
Note : Pay fixed under (a) and (b) shall neither be less than the minimum of the scale
of the ex-cadre post nor shall it exceed the maximum of that scale.
In cases of appointment from one ex-cadre to another ex-cadre post where the
employee opts to draw pay in the scale of the ex-cadre post, the pay in the second or
subsequent ex-cadre posts, should be fixed under the normal rule as with reference
to pay in the cadre post only. In respect of appointments to ex-cadre posts on time
scale of pay identical with the time scale of pay of ex-cadre posts [held on an earlier
occasion(s)] the benefit of proviso (iii) to FR 22 will be admissible.
Note:
(i) The term parent post basic pay means the post held on regular basis in the
parent organization and pay drawn admissible in such a post respectively.
(ii) (ii) An officer who may be holding a higher post on adhoc basis in the cadre
at the time of proceeding on deputation / Foreign Service would be
considered to have vacated the post held on adhoc basis and proceeded on
deputation / Foreign Service from his regular post. During his deputation /
Foreign Service, he shall earn notional increments, in his regular post only.
On his reversion if he is re-appointed to the higher post on regular or adhoc
basis his pay will get fixed with reference to the pay admissible in the lower
post as on date of promotion. In such cases, if his pay gets fixed at a stage
lower than that of his junior(s) who continued to serve in the cadre, no
stepping up will be admissible as per extant rules in so far as Central
Government employees are concerned. However, if the pay so fixed is less
than the pay drawn earlier while holding the post on adhoc basis the pay
earlier drawn will be protected.
Posting Back from Ex-Cadre post to Cadre Post [Rule 1313 (3) (iv) of IREC II]
Sometimes due to administrative errors, staff are over looked for promotion. This
administrative errors can be of two types:-
i. Where a person has not been promoted at all because of administrative error,
and
ii. Where a person has been promoted but not on the date from which he would
have been promoted but for the administrative error.
The staff who have lost promotion on account of administrative error should on
promotion be assigned correct seniority vis-a-vis their juniors already promoted,
irrespective of the date of promotion. Pay in the higher grade on promotion may be
fixed proforma at the proper time. The enhanced pay may be allowed from the date
of actual promotion. No arrears on this account shall be payable as he did not
actually shoulder the duties and responsibilities of the higher posts.
The following provisions shall govern the pay of a railway servant who is
appointed as probationer in another service or cadre and subsequently confirmed
in that service or cadre-[Rule 1315]
(1)
(a) during the period of probation he shall draw pay at the minimum of the time
scale or at the probationary stages or the time scale of the service or the post,
as the case may be:
Provided that if the presumptive pay of the permanent post, other than a
tenure post, on which he holds a lien or would hold a lien had his lien been
not suspended; should at any time be greater than the pay fixed under this
clause, he shall draw the presumptive pay of the permanent post;
(b) On confirmation in the service or post after the expiry of the period of
probation, the pay of the railway servant shall be fixed in the time scale of
the service or post in accordance with the provisions of the Rule 1313 or Rule
1316 as the case may be:
Provided that the pay shall not be so fixed under Rule 1313 (F.R. 22) with
reference to the pay that the railway servant would have drawn in the
previous post held by him in temporary capacity and he shall continue to
draw pay in the time scale of service or post as admissible under the normal
rules.
(a) during the period of Apprenticeship, the stipend or pay prescribed for such
period provided that if the presumptive pay of the permanent post other
than a tenure post, on which he holds a lien or would hold a lien had his lien
not been suspended, should at any time be greater than stipend or pay fixed
under this clause, he shall draw the presumptive pay of the permanent post;
Provided that the pay shall not be so fixed with reference to the pay that the
railway servant would have drawn in the previous post held by him in
temporary capacity and he shall continue to draw pay in the time scale of
service or post admissible under the normal rules.
An increment other than the increment next above an efficiency bar shall ordinarily
be drawn as a matter of course unless it is withheld. An increment may be withheld
from a railway servant by a competent authority if his conduct has not been good or
his work not been satisfactory. In ordering the withholding of an increment, the
withholding authority shall state the period for which it is withheld and whether the
postponement shall have the effect of postponing future increments.
When the increment is withheld for a specified period as a measure of penalty, the
increment should be drawn from the date from which the penalty imposed ceases to
operate. The subsequent increment shall however be admitted/drawn from the first
of the month in which they fall due under normal rules, the period of dies-non like
break in service etc. being treated in the same way as leave without pay.
The following provisions prescribe the conditions on which service counts for
increments in a time-scale—
(a) All duty in a post on a time-scale counts for increments in that time-scale:
Provided that, for the purpose of arriving at the date of the next increment in
that time-scale, the total of all such periods as do not count for increment in that
time-scale shall be added to the normal date of increment.
(b)
(i) Service in another post, other than a post carrying less pay, whether in a
substantive or officiating capacity, service on deputation out of India and leave
except extraordinary leave taken otherwise than on medical certificate, shall
count for increments in the time-scale applicable to the post on which the
railway servant holds a lien, as well as in the time-scale applicable to the post
or posts, if any on which he would hold a lien had his lien not been
suspended.
Provided that the service rendered in an ex-cadre post shall not be reckoned for
fixation of pay in another ex-cadre post and the pay in subsequent ex-cadre
post shall be fixed under the normal rules with reference to pay in the cadre
post.
(ii) All leave except extraordinary leave taken otherwise than on medical certificate
and the period of deputation out of India shall count for increment in the time-
scale applicable to a post in which a railway servant was officiating at the time
he proceeded on leave or deputation out of India and would have continued to
officiate but for his proceeding on leave or deputation out of India:
Provided that the competent authority may, in any case in which he is satisfied
that the extra-ordinary leave was taken for any cause beyond the railway
servant's control or for prosecuting higher scientific and technical studies,
direct that extraordinary leave shall be counted for increments under clause (i)
or (ii).
(c)
(i) If a railway servant, while officiating in a post or holding a temporary post on
a time-scale of pay, is appointed to officiate in a higher post or to hold a higher
temporary post, his officiating or temporary service in the higher post shall, if
he is re-appointed to the lower post, or is appointed or re-appointed to a post
on the same time-scale of pay, count for increment in the time-scale applicable
to such lower post. The period of officiating service in the higher post which
counts for increment in the lower post is, however, restricted to the period
during which the railway servant would have officiated in the lower post but
for his appointment to the higher post. This clause applies also to a railway
servant who is not actually officiating in the lower post at the time of his
appointment to the higher post, but who would have so officiated in such
lower post or in a post on the same time-scale of pay had he not been
appointed to the higher post.
(ii) If a railway servant on reversion from an ex-cadre post to the present cadre is
appointed to a post on a scale lower than that of the ex-cadre post but not on
the same time-scale as the post held at the time of his transfer to the ex-cadre
post, the service rendered on the higher scale in the ex-cadre post, shall count
for increments in the time-scale applicable to the cadre post subject to the same
conditions as are laid down for cases falling under proviso to Rule1313
(F.R.22).
Subject to any general or special orders that may be made by the President in this
behalf, an authority may grant a premature increment to a railway servant on a time-
scale of pay if it has power to create a post in the same cadre on the same scale of
pay.
The authority which orders the reduction of railway servant as a penalty from a
higher to a lower post or time-scale, may allow him to draw any pay, not exceeding
the maximum of the lower post, or time-scale which it may think proper.
Provided that the pay allowed to be drawn by a Railway servant under this rule
shall not exceed the pay which he would have drawn by the operation of Rule 1313.
(a) if the said order is set aside, he shall be given, for the period such order has
been in force, the difference between the pay to which he would have been
entitled had that order not been made and the pay he had actually drawn;
(b) if the said order is modified, the pay shall be regulated as if the order, as so
modified, had been made in the first instance.
Explanation.--If the pay drawn by a railway servant in respect of any period prior to
the issue of the orders of the competent authority under this rule is revised, the leave
salary and allowances (other than traveling allowance) if any, admissible to him
during that period shall be revised on the basis of the revised pay.
If the basic pay so arrived at does not correspond to any stage in the absorbing
grade, the pay may be fixed at the stage just below and the difference allowed as
personal pay to be absorbed in future increments in the pay. Similarly if the pay so
arrived at exceeds the maximum of the absorbing grade the pay may be fixed at the
maximum and the difference may be allowed as personal pay to be absorbed in
future increments / increases in pay. Other allowance such as DA, CCA and HRA
should be allowed on pay plus personal pay if any in absorbing grade.
Pay of medically decategorised running staff while they are kept on supernumerary
post, shall be suitably fixed by addition of the pay element of running allowance
[RBE 138/11]
While determining pay in Pay Band for the purpose of fixation of pay of medically
unfit running staff in alternative stationary post, an amount equal to such percentage
of basic pay (pay in Pay Band + Grade Pay) representing pay element of running
allowance, may be added to the existing pay in Pay Band, would be the pay in the
Pay Band in the alternative post with no change in the Grade Pay of substantive
post.[RBE 41/13]
Fixation of Pay of Surplus staff being absorbed in lower grade. [RBE No.226/2001]
When surplus staff are re-deployed in a post carrying a lower scale of pay, the
surplus employee shall be permitted to carry his current pay scale along with him to
the alternative post in which he is so re-deployed. This benefit shall not be extended
where despite availability of a post in a matching or higher pay scale, the surplus
staff is re-deployed in a post carrying a lower pay scale at his own request w.e.f.
09.11.2001
Fixation of pay in case of Own Request Transfer [RBE 60/97, 143/07 & 188/99]
In case of an employee holding a higher post on regular basis and has completed a
minimum period of 24 months in that higher post and seeks transfer on his own
request to a lower post, fixation of his pay in the lower grade would be done at the
stage equal of his pay in the lower grade would be done at the stage equal to the pay
drawn by him in the higher post subject to the maximum of the lower post not being
exceeded. In the case there is no stage in the lower grade equal to the pay being
drawn by the employee in the higher post, his pay in the lower grade will be fixed at
the stage next below the pay being drawn in the higher post and the difference will
be paid as Personal Pay to be absorbed in future increments.
In revised pay structure which is comprising grade pay and running pay bands wef
1.1.2006, the pay in the pay band of the Government servant seeks transfer on his
own request to a lower post will be fixed at a stage equal to the pay in the pay band
drawn by him prior to his appointment against the lower post. However, he will be
granted grade pay of lower post. Further, in all cases, he will continue to draw his
increments based on his pay in the pay band plus grade pay (lower).
[RBE 210/09 & 146/12]
The benefit of reckoning of pay element for the purpose of fixation of pay of running
staff on their appointment to the posts under the GDCE scheme is not admissible.
GDCE scheme is voluntary nature and the concerned staff are aware of the mode of
fixation of pay on their appointment to a post under the said scheme. Hence in such
cases pay fixation has to be effected without taking into account the pay element.
Fixation of pay in the revised pay structure-7th CPC [RBE Nos. 90 & 93 of 2016]
(1) The pay of a Railway servant who elects, or is deemed to have elected under
rule 6 to be governed by the revised pay structure on and from the 1st day of
January, 2016, shall, unless in any case the President by special order
otherwise directs, be fixed separately in respect of his substantive pay in the
permanent post on which he holds a lien or would have held a lien if such
lien had not been suspended, and in respect of his pay in the officiating post
held by him, in the following manner, namely:-
(i) the pay in the applicable Level in the Pay Matrix shall be the pay
obtained by multiplying the existing basic pay by a factor of 2.57,
rounded off to the nearest rupee and the figure so arrived at will be
located in that Level in the Pay Matrix and if such an identical figure
corresponds to any Cell in the applicable Level of the Pay Matrix, the
same shall be the pay, and if no such Cell is available in the applicable
Level, the pay shall be fixed at the immediate next higher Cell in that
applicable Level of the Pay Matrix.
Illustration:
1 Existing Pay Band : PB-1
Pay
2 Existing Grade Pay : 2400
Band 5200-20200
3 Existing Pay in Pay Band : 10160
4 Existing Basic Pay: 12560 [10160 2400] Grade
1800 1900 2000 2400 2800
BasicPay:12560 (10160+2400) Pay
5 Pay after multiplication by a fitment factor of 2.57 :
Levels 1 2 3 4 5
12560 x 2.57 = 32279.20(rounded off to 32279)
6 Level corresponding to GP 2400 : Level 4 1 18000 19900 21700 25500 29200
7 Revised Pay in Pay Matrix (either equal to or next
2 18500 20500 22400 26300 30100
higher to 32279 in Level 4) : 32300.
3 19100 21100 23100 27100 31000
4 19700 21700 23800 27900 31900
5 20300 22400 24500 28700 32900
6 20900 23100 25200 29600 33900
7 21500 23800 26000 30500 34900
8 22100 24500 26800 31400 35900
9 22800 25200 27600 32300 37000
10 23500 26000 28400 33300 38100
11 24200 26800 29300 34300 39200
(ii) if the minimum pay or the first Cell in the applicable Level is more than
the amount arrived at as per sub-clause (i) above, the pay shall be fixed at
minimum pay or the first Cell of that applicable Level.
(b) In the case of medical officers in respect of whom Non Practicing Allowance
(NPA) is admissible, the pay in the revised pay structure shall be fixed in the
following manner :
i. the existing basic pay shall be multiplied by a factor of 2.57 and the figure so
arrived at shall be added to by an amount equivalent to Dearness Allowance
on the pre-revised Non-Practicing Allowance admissible as on 1st day of
January, 2016. The figure so arrived at will be located in that Level in the Pay
Matrix and if such an identical figure corresponds to any Cell in the
applicable Level of the Pay Matrix, the same shall be the pay, and if no such
Cell is available in the applicable Level, the pay shall be fixed at the
immediate next higher Cell in that applicable Level of the Pay Matrix.
ii. The pay so fixed under sub-clause (i) shall be added by the pre-revised Non
Practicing Allowance admissible on the existing basic pay until further
decision on the revised rates of Non Practicing Allowance.
Illustration:
1 Existing Pay Band : PB-3
2 Existing Grade Pay : 5400 Pay Band 15600-39100
3 Existing pay in Pay Band : 15600 Grade Pay 5400 6600 7600
4 Existing Basic Pay : 21000 Levels 10 11 12
5 25% NPA on Basic Pay : 5250 1 56100 67700 78800
2 57800 69700 81200
6 DA on NPA@ 125% : 6563
3 59500 71800 83600
Pay after multiplication by a fitment factor of
7 4 61300 74000 86100
2.57: 21000 x 2.57 = 53970
8 DA on NPA : 6563 (125% of 5250) 5 63100 76200 88700
9 Sum of serial number 7 and 8 = 60533 6 65000 78500 91400
Level corresponding to Grade Pay 5400 (PB-3)
10
: Level 10
Revised Pay in Pay Matrix (either equal to or
11
next higher to 60533 in Level 10) : 61300
12 Pre-revised Non Practicing Allowance : 5250
Revised Pay + pre-revised Non Practicing
13
Allowance : 66550
(2) Where a post has been upgraded as a result of the recommendations of the
Seventh Central Pay Commission, the existing basic pay will be arrived at by
adding the Pay drawn by the concerned employee in the existing Pay Band
plus the Grade Pay corresponding to the Level to which the post has been
upgraded and, the fixation of pay shall be done in the manner prescribed in
accordance with clause (A) of sub-rule (1).
Illustration:
1. Existing Pay Band : PB-1
Pay Band 5200-20200
2. Existing Grade Pay : 2400
3. Existing basic pay : 12560 [10160+2400] Grade Pay 1800 1900 2000 2400 2800
4. Upgraded Grade Pay : 2800
Levels 1 2 3 4 5
5. Pay for the purpose of fixation: 12960
(10160+2800) 1 18000 19900 21700 25500 29200
(3) A Railway servant who is on leave on the 1st day of January, 2016 and is
entitled to leave salary shall be entitled to pay in the revised pay structure
from 1st day of January, 2016 or the date of option for the revised pay
structure.
(4) A railway servant who is on study leave on the 1st day of January, 2016 shall
be entitled to the pay in the revised pay structure from 1st day of January,
2016 or the date of option.
(5) A Railway servant under suspension, shall continue to draw subsistence
allowance based on existing pay structure and his pay in the revised pay
structure shall be subject to the final order on the pending disciplinary
proceedings.
(6) Where a Railway servant holding a permanent post is officiating in a higher
post on a regular basis and the pay structure applicable to these two posts are
merged into one Level, the pay shall be fixed under sub-rule (1) with
reference to the officiating post only and the pay so fixed shall be treated as
substantive pay.
(7) Where the existing emoluments exceed the revised emoluments in the case of
any Railway servant, the difference shall be allowed as personal pay to be
absorbed in future increases in pay.
(8) Where in the fixation of pay under sub-rule (1), the pay of a Railway servant,
who, in the existing pay structure, was drawing immediately before the 1st
day of January, 2016 more pay than another Railway servant junior to him in
the same cadre, gets fixed in the revised pay structure in a Cell lower than
that of such junior, his pay shall be stepped up to the same Cell in the revised
pay structure as that of the junior.
(9) Where a Railway servant is in receipt of personal pay immediately before the
date of notification of these rules, which together with his existing
emoluments exceed the revised emoluments, then the difference representing
such excess shall be allowed to such Railway servant as personal pay to be
absorbed in future increase in pay.
(10) (i) In cases where a senior Railway servant promoted to a higher post before
the 1st day of January, 2016 draws less pay in the revised pay structure than
his junior who is promoted to the higher post on or after the 1st day of
January, 2016, the pay of senior Railway servant in the revised pay structure
shall be stepped upto an amount equal to the pay as fixed for his junior in that
higher post and such stepping up shall be done with effect from the date of
promotion of the junior Railway servant subject to the fulfillment of the
following conditions, namely:-
(a) both the junior and the senior Railway servants belong to the same cadre
and the posts in which they have been promoted are identical in the same
cadre.
(b) the existing pay structure and the revised pay structure of the lower and
higher posts in which they are entitled to draw pay are identical;
(c) the senior Railway servants at the time of promotion are drawing equal
or more pay than the junior;
Provided that, if the junior officer was drawing more pay in the existing pay
structure than the senior by virtue of any advance increments granted to him,
the provisions of this sub- rule shall not be invoked to step up the pay of the
senior officer.
(ii) The order relating to re-fixation of the pay of the senior officer in accordance
with clause (i) shall be issued under Rule 1321 [FR 27] of Indian Railway
Establishment Code, Volume-II, and the senior officer shall be entitled to the
next increment on completion of his required qualifying service with effect
from the date of re-fixation of pay.
(11) Subject to the provisions of rule 5, if the pay as fixed in the officiating post
under sub-rule (1) is lower than the pay fixed in the substantive post, the
former shall be fixed at the same stage as the substantive pay.
(1) There shall be two dates for grant of increment namely, 1st January and 1st
July of every year, instead of existing date of 1st July:
Provided that an employee shall be entitled to only one annual increment
either on 1st January or 1st July depending on the date of his appointment,
promotion or grant of financial upgradation.
(2) The increment in respect of an employee appointed or promoted or granted
financial upgradation including upgradation under Modified Assured Career
Progression Scheme (MACPS) during the period between the 2nd day of
January and 1st day of July (both inclusive) shall be granted on 1st day of
January and the increment in respect of an employee appointed or promoted
or granted financial upgradation including upgradation under MACPS
during the period between the 2nd day of July and 1st day of January (both
inclusive) shall be granted on 1st day of July.
Illustration:
(a) In case of an employee appointed or promoted in the normal hierarchy or
under MACPS during the period between the 2nd day of July, 2016 and the
1st day of January, 2017, the first increment shall accrue on the 1st day of
July, 2017 and thereafter it shall accrue after one year on annual basis.
(b) In case of an employee appointed or promoted in the normal hierarchy or
under MACPS during the period between 2nd day of January, 2016 and 1st
day of July, 2016, who did not draw any increment on 1st day of July, 2016,
the next increment shall accrue on 1st day of January, 2017 and thereafter it
shall accrue after one year on annual basis:
Provided that in the case of employees whose pay in the revised pay
structure has been fixed as on 1st day of January, 2016 the next increment in
the Level in which the pay was so fixed as on 1st day of January, 2016 shall
accrue on 1st day of July, 2016:
Provided further that the next increment after drawal of increment on 1st
day of July, 2016 shall accrue on 1st day of July, 2017.
(3) Where two existing Grades in hierarchy are merged and the junior Railway
servant in the lower Grade happens to draw more pay in the corresponding
Level in the revised pay structure than the pay of the senior Railway servant,
the pay of the senior railway servant shall be stepped up to that of his junior
from the same date and he shall draw next increment in accordance with this
rule.
11. Revision of pay from a date subsequent to 1st day of January, 2016.—Where a
Railway servant who continues to draw his pay in the existing pay structure is
brought over to the revised pay structure from a date later than 1st day of
January, 2016, his pay in the revised pay structure shall be fixed in the manner
prescribed in accordance with clause (A) of sub-rule (1) of rule 7.
12. Pay protection to officers on Central deputation under Central Staffing
Scheme.—If the pay of the officers posted on deputation to the Central
Government under Central Staffing Scheme, after fixation in the revised pay
structure either under these rules or as per the instructions regulating such
fixation of pay on the post to which they are appointed on deputation, happens
to be lower than the pay these officers would have been entitled to, had they
been in their parent cadre and would have drawn that pay but for the Central
deputation, such difference in the pay shall be protected in the form of Personal
Pay with effect from the date of notification of these rules.
13. Fixation of pay on promotion on or after 1st day of January, 2016.—The fixation
of pay in case of promotion from one Level to another in the revised pay
structure shall be made in the following manner, namely:-
(i) One increment shall be given in the Level from which the employee is
promoted and he shall be placed at a Cell equal to the figure so arrived at in
the Level of the post to which promoted and if no such Cell is available in
the Level to which promoted, he shall be placed at the next higher Cell in
that Level.
Illustration:
Level in the revised
1. Pay Band 5200-20200
pay structure : Level 4
Levels 1 2 3 4 5
Granted promotion/financial
3. upgradation under MACPS in 1 18000 19900 21700 25500 29200
Level 5
2 18500 20500 22400 26300 30100
Pay after giving one increment 3 19100 21100 23100 27100 31000
4.
in Level 4 : 29600 4 19700 21700 23800 27900 31900
Pay in the upgraded Level i.e. 5 20300 22400 24500 28700 32900
Level 5 : 30100 (either equal to
5. 6 20900 23100 25200 29600 33900
or next higher to 29600 in Level
5) 7 21500 23800 26000 30500 34900
(ii) In the case of Railway servants receiving Non Practicing Allowance, their
basic pay plus Non Practicing Allowance shall not exceed the average of
basic pay of the revised scale applicable to the Apex Level and the Level of
the Cabinet Secretary.
Schedule in two parts viz. Annexure ‘A’ and Annexure ‘B’ applicable to
various categories of Railway Servants is enclosed. Annexure ‘A’ shows the
revised pay structure (Pay Matrix and the levels specified therein with
reference to existing pay structure) applicable to the different categories of
Railway Servants for whom normal replacement level has been recommended
by 7th CPC and approved by Government of India; this was also circulated as
Part ‘A’ of Schedule in the Railway Services (Revised Pay) Rules, 2016.
Annexure ‘B’ shows certain specific Railway categories where upgradation of
posts has been recommended by 7th CPC and approved by Government of
India. The revised pay structure will take effect from 151 January, 2016. The
schedule has the sanction of the President.
The Level in the revised pay structure mentioned in Column [5] for the posts
mentioned in Column [2] of the Tables below have been approved by the
Government. The initial fixation as on 01.01.2016 will be done in accordance with
Sub-rule 2 of Rule 7 of RS[RP] Rules, 2016.
1. COMMERCIAL DEPARTMENT
S.No. Name of the Existing Grade Grade pay corresponding Revised Pay Structure
Post Pay to which revised levels Level in Pay Para No. of the
have been recommended Matrix Report
[1] [2] [3] [4] [5] [6]
1.1 Ticket Collector 1900 GP-2000 L-3 See Note 1 11.40.69 to
11.40.71
1.2 Sr.Ticket 2400 GP-2800 L-5 See Note 1 11.40.69 to
Collector /TTE 11.40.71
2. TRAFFFIC DEPARTMENT
S.No. Name of the Existing Grade Grade pay corresponding Revised Pay Structure
Post Pay to which revised levels Level in Pay Para No. of the
have been recommended Matrix Report
[1] [2] [3] [4] [5] [6]
1.1 Assistant Station 2800 GP-4200 L-6 See Note 2 11.40.55
Master
3. DIETICIANS
S.No. Name of the Existing Grade Grade pay corresponding Revised Pay Structure
Post Pay to which revised levels Level in Pay Para No. of the
have been recommended Matrix Report
[1] [2] [3] [4] [5] [6]
4.1 Dieticians 4200 GP-4600 L-7 See Note 4 7.7.45
Notes:
1. Ticket Collector in GP 1900 and Senior Ticket Collector /TTE in GP 2400
should be upgraded to GP-2000 & GP-2800 respectively and then fitted in the
revised Pay Matrix. This Upgradation is a part of the 7 th CPC recommendation
accepted by the Government of India for the merger of three categories of
Commercial Staff i.e. Ticket Checking Staff, Enquiry-cum-Reservation Clerks
and Commercial Clerks to a consolidated cadre called Commercial and
Ticketing Staff. The rationalisation of functions of the merged Commercial and
Ticketing Staff. The rationalisation of functions of the merged Commercial and
Ticketing cadre as also the revised AVC, inter se seniority, Recruitment Rules,
classification as selection /non-selection etc. as approved by Railway Board,
will be issued through separate orders.
2. Assistant Station Masters in GP 2800 should be upgraded to GP 4200 and then
fitted in the revised Pay Matrix. Consequently, the designation of ASM shall
stand abolished and the Post of Assistant Station Master shall stand merged
with post of Station Masters [GP 4200] along with functions. The
rationalisation of functions as also revised AVC, inter se seniority, Recruitment
Rules, classification as selection /non-selection etc. as decided by the Railway
Board, will be issued through separate orders.
3. Traffic Assistant, Metro Railway in GP 2000 should be upgraded to GP 2400
and then fitted in the revised Pay Matrix. They shall continue to perform their
existing functions unless otherwise specified by Railway Board.
4. Dieticians in Railways in GP 4200 should be upgraded to GP-4600 and then
fitted in the revised Pay Matrix. They shall continue to perform their existing
functions unless otherwise specified by Railway Board.
5. Grant of GP-4200 to Perfusionists is subject to acquiring / possession of
qualification of Degree in Science + Diploma in Perfusion technology. The
eligible Perfusionists in GP-2400 should be upgraded to GP-4200 and thereafter
placed in the revised pay structure. Further, the existing incumbents not
procession the revised qualification shall be granted replacement pay level
corresponding GP-2400. They may be granted the pay level corresponding to
Fixation of pay in the revised pay structure [Rule 7 of RS[RP] Rules, 2016] in
respect of existing running staff as on 01.01.2016.
In the case of Running Staff who are in receipt of Running Allowance, the pay in the
revised pay structure shall be fixed in the following manner:
The existing basic pay shall be multiplied by a factor of 2.57. The figure so
arrived at shall to an amount equivalent to Dearness Allowance on the pre-
revised Pay Element [30% of Basic Pay] admissible as on 1st Day of January,
2016. The figure so arrived at will be located in that Level in the Pay Matrix
and if such an identical figure corresponds to any Cell in the applicable
Level of the Pay Matrix, the same shall be the pay and if no such Cell is
available in the applicable Level, the pay shall be fixed at the immediate
next higher Cell in that applicable Level of the Pay Matrix.
Reckoning of pay element for fixation of pay of running staff in stationary posts
in Group ‘B’. [RBE No.74/2017]
Rule 3 : General
(2)
(i) Every railway servant holding a supervisory post shall take all possible steps
to ensure the integrity and devotion to duty of all railway servants for the
time being under his control and authority;
(ii) no railway servant shall, in the performance of his official duties, or in the
exercise of powers conferred on him, act otherwise than in his best judgement
except when he is acting under the direction of his official superior;
(iii) the direction of the official superior shall ordinarily be in writing, and where
the issue of oral direction becomes unavoidable, the official superior shall
confirm it in writing immediately thereafter; and
(iv) a railway servant who has received oral direction from his official superior,
shall seek confirmation of the same in writing as early as possible, whereupon
it shall be the duty of the official superior to confirm the direction in writing.
Explanation. –
c. "workplace" includes,-
i. any department, organisation, undertaking, establishment, enterprise,
institution, office, branch or unit which is established, owned, controlled or
wholly or substantially financed by funds provided directly or indirectly by
the Central Government;
ii. hospitals or nursing homes;
iii. any sports institute, stadium, sports complex or competition or games venue,
whether residential or not used for training, sports or other activities relating
thereto;
iv. any place visited by the employee arising out of or during the course of
employment including transportation provided by the employer for
undertaking such journey;
v. a dwelling place or a house."
(Authority- Railway Board's letter No. E(D&A) 2014 GS1-4 dated 12.01.2015)
3. No Railway servant shall in the discharge of his official duties deal with any
matter or give or sanction any contract to any company or firm or any other
person if any member of his family is employed in that company or firm.
Every such matter or contract shall be sent to his supervisor authority.
Railway Ministry’s decision:- (1) Railway servants wishing to join the Bharat Sevak
Samaj should obtain prior permission from the Head of the Department. This
permission will not, however, absolve them from the observance, at all times, of the
rules and instructions relating to the conduct and behaviour of the Railway
servant.(E(D&A)64 GS1-4 dt. 27.5.1964)
Railway Ministry’s decision:- (2) The Railway servants should not only be impartial
but they should appear to be impartial in relation to the elections. They should not
take part in any election campaign nor should they canvass. They should always
take scrupulous care not to lend their names, official position of authority to assist
one group as against another. Any disregard of these instructions will be considered
as serious act of indiscipline. Their attention is drawn to the provisions in section
134-A of the Representation of the People Act, 1951 which reads as under:
“If any person in the service of the Government, acts as an election agent or a polling
agent or a counting agent of a candidate at an election he shall be punishable with
imprisonment for a term which may extend up to 3 months or with fine or with
both”. (E(D&A)66 GS1-15 dt.27.12.1966)
(7) Demonstration :
No Railway servant shall except with the prior sanction of the Govt. connect with
press, Radio, TV, editing a newspaper or publishing a book and other media except
in literary, artistic and scientific matter.
No Railway servant shall, in any radio broadcast, telecast through any Electronic
media or in any document published in his own name or in the name of any other
person or in any communication to press or in any other media make any statement
of fact or opinion which has effect of an adverse criticism of any current policy of
Central / State Government or embarrassing the relationship between Central and
State Government or between the Central Government and the Government of any
foreign state.
No Railway employee shall, except with the previous sanction of the Government,
give evidences in connection with any inquiry conducted by any person, committee
or authority or in the course of giving such evidence not criticise the policy or any
action of the Central or State Government.
Every Railway servant shall, in the performance of his duties in good faith,
communicate information to a person in accordance with the right to information
Act, 2005 (22) of 2005)and the rules made there under, provided that no Railway
servant shall, except in accordance with any general or special orders of Government
or in the performance in good faith of the duties assigned to him, communicate,
directly or indirectly, any official document or any part thereof or classified
information to any Railway servant or any other person to whom he is not
authorized to communicate such documents or classified information.[RBE No.
22/06]
(12) Subscription :-
No Railway servant shall, except with the previous sanction of Government, ask for
or accept contributions or otherwise associate himself with raising, of any of the
funds or other collections in cash or in any kind in pursuance of any object
whatsoever. Rule
(13) Gifts
1. No Railway servant shall accept, or permit any member of his family or any
other person on his behalf to accept any gift (gift shall include free transport,
boarding, lodging or other service or any other pecuniary advantage
provided by any person other than a near relative or friend having no official
dealing with Government servant). A Railway servant shall avoid accepting
lavish hospitality or frequent hospitality from any individual, industry or
firm having official dealing with him. [RBE No. 108/09;70/11]
2. On occasion, such as wedding, anniversaries, funerals or religious functions,
when the making of gift is in conformity with the prevailing religious or
social practices, a Government servant may accept gifts from his near relatives
but shall report to the Government if the value of any gift exceeds :-
(i) Rs. 25,000/- in the case of a Rly servant holding any Group "A" post.
(ii) Rs. 15,000/- in the case of a Rly servant holding any Group "B" post.
(iii) Rs. 7,500/- in the case of a Rly servant holding any Group "C" post.
[RBE No.01/2015]
3. On above occasions, a Railway servant may accept gifts from his personal
friends having no official dealings with him, but he shall make a report to the
Government, if the value of any such gifts exceeds:-
(i) Rs. 1500/- in the case of a Rly servant holding any Group "A" & "B" post.
(ii) Rs. 500/- in the case of a Rly servant holding any Group "C" & "D" post.
No Railway employee shall except with the previous sanction of the Government:-
1. Every Railway employee shall on his first appointment submit a return of his
assets and liabilities in prescribed form (which includes immovable property,
shares, debentures, cash including bank deposits and other moveable
property inherited by him, owned or acquired by him and debts and other
liabilities incurred by him directly or indirectly).
2. In every return, the values of items of movable property worth less than Rs.
10,000/- may also be added and shown as a lump sum.
3.
(1) Every Railway servant holding Group "A" or Group "B" post shall submit
an annual return in a prescribed form.
(2) No Railways servant shall except with the previous knowledge of the
Government acquire or dispose any immovable property by lease,
mortgage, purchase, sale, gift or otherwise either in his own name or in the
name of any members of his family; provided that the previous sanction of
the Government shall be obtained by the Railway servant, if any such
transaction is with a person having official dealings with him. [RBE 59/04]
(3) Where a Railway employee enters into a transaction of moveable property
either in his name or in the name of any other member of his family, shall
submit the report within one month from the date of such transaction, if the
value of such property exceeds two months of basic pay of Rly. Servant
provided that the previous sanction of the Government shall be obtained if
such transaction is with a person having official dealing with him.[RBE No.
105/11]
iv. No Railway servant shall except with the previous knowledge of the Govt.
acquire or dispose of any immovable property by lease, mortgage, purchase,
sale, gift either in his own name or in the name of any member of his family,
if the transaction is through a reputed firm.[RBE No. 107/09]
Supervisory staff of Group "C" (Class III) on railways working in scales of pay, the
maximum of which is Rs. 900 and above (now PB-2 9300-34800 Grade Pay 4600 &
above), should also submit an annual return regarding the immovable property
inherited by him, or owned or acquired by him, or held by him on lease or mortgage,
either in his own name or in the name of any member of his family or in the name of
any other person. The return should be submitted within three months of his first
appointment in the grade and thereafter in the month of January every year.
The following categories of Commercial staff in all grades, viz., Reservation Clerks,
Parcel Clerks, Booking Clerks, TTEs and TCs, should besides submitting a property
return on their initial appointment as required in Rule 18(1) (i) of the conduct Rules,
should also submit a return of their property at the time of every promotion, as also
at the time of submitting documents for pension (approximately two years prior to
superannuation).
Jewelry, insurance policies the annual premium of which exceeds two months basic
pay of the railway servant, shares, securities and debentures. [RBE 105/11]
The above intimation will be in addition to the intimation (s) required to be given
under Rule 18(3) in respect of individual transactions in shares, securities,
debentures, etc., which exceeds the amount prescribed therefore.
No Railway servant shall except with the previous sanction of the Government,
acquire / dispose by Purchase / sale, lease, mortgage, gift either in his or in the
name of his family, any immovable property situated outside India, nor enter with
such transaction with any foreigner.
No Railway servant shall except with the prior sanction of Government, have
recourse to any court or to the press for the vindication of any official act which has
been subject matter of adverse criticism or an attack of a defamatory character.
Provided that if no such sanction is received by the Railway servant within a period
of three months from the date of receipt of the request by the Government, he shall
be free to assume that the permission as sought for has been granted to him. [RBE
No. 115/96]
No Railway servant shall bring or attempt to bring any political or other influence to
bear upon any superior authority to further his interests in respect of matters
pertaining to his service under the Government.
(i) No Railway employee shall enter into, or contract a marriage with a person
having a spouse living and
(ii) No Railway servant, having a spouse living shall enter into, or contract, a
marriage with any person,
(iii) A Railway servant who has married or marries a person other than of Indian
Nationality shall forthwith intimate the fact to the Government [Railway
Board]. Government [Railway Board] may permit a railway servant to enter
into or contract any such marriage if it is permissible under the personal law
applicable to such Railway servant and there are other grounds for doing so.
22 (A) :
No Railway servant shall employ to work a child below the age of 14 years.
[RBE No 3/2000]
(23) Interpretation. —The power of interpreting these rules is reserved to the
president.
(25) Repeal and Savings. —The Railway Services (Conduct) Rules, 1966, contained
in Appendix VI of the Indian Railways Establishment Code, Volume I, shall
cease to be in force except as respects things done or omitted to be done.
A departmental under the Rules is neither a criminal trial for the imposition
of a punishment nor it is proceeding in a court of law. It is only a proceedings
instituted by the Government in its capacity as the employer against his
employee to satisfy as to whether the employee has committed misconduct.
Such misconduct is merely relevant to the contract of service. ( A.R.R.
Deshpande Vs. UOI, 1971(2) SLR 776 (Delhi)
Penalties:
The expression penalty carries with it a sense of punishment. It is an event
which visits an employee with penal consequences and adversely affects him
either in monetary terms or future career or both and includes within its
scope removal or dismissal. It causes a stigma in his service career.
Railway Servants ( D&A) Rules, 1968 specifies penalties that can be imposed
on the delinquent employee. These penalties are divided into minor penalties
and major penalties. The difference between the two kinds of penalties is in
the procedure that is being followed for their imposition and the severity.
administering the warning shall not normally be lower than the authority
who initiates the Confidential Report on the official so warned.
With the exception introduced to the pleasure theory and saf3e guards given
by Article 311 of the constitution, certain procedures were envisaged in RS
(D&A) Rules for dealing with Railway Servants.
The offer of source and permanent employment with the pensioner benefits at
the end, has undoubtedly exerted a great influence upon the potential recruit
to the service. Security of tenure is offered to the Government as a matter of
course and so those who adopt public service look forward to a settled career.
In return for this the state would naturally expect of the public servant the
maintenance of certain standards and of course loyalty. So long as the civil
servant continues to perform his duties with reasonable efficiency, he is
assured of employment for its normal duration on paper. This is the legal
position.
D&A rules and procedural laws for taking of an employee for reasons of mis-
conduct while in service. It is different from fact – finding enquiry. This is
pointed against an individual for violation of code of conduct or violation of
directives issued by the government.
These rules shall apply to every railway employee but shall not apply to –
DISCIPLINARY AUTHORITY
The authority competent under these rules to impose the penalty as per schedule-I, II
& III of D&A Rules as amended from time to time.
SUSPENSION (Rule-5) :
Suspension means the suspension of official activities of the railway employee. The
suspension is not a penalty.
(6) Not with standing anything contained in sub rule 5, an order of suspension
made or deemed to have been made under sub rule (1) or sub rule (2) of this
rule shall not be valid after a period of ninety days unless it is extended after
review is the manner provided in sub rule (7) of this rule, for a further period
before expiry of ninety days.
(7) The review of an order of suspension shall be done by the authority which is
competent to modify or revoke the suspension, on the recommendation of the
review committee constituted for the purpose, and such competent authority
shall pass order either extending or revoking the suspension before expiry of
ninety days from the date of order of suspension. Subsequent review shall be
made before expiry of the extended period of suspension, Extension of
suspension shall not before a period exceeding one hundred and eight days at
a time. (RB N.E (D&A) 2004/RC-6-8 dt. 18.07.2006 & RBE No. 94/04)
PENALTIES (Rule 6)
MINOR PENALTIES:
I. Censure
II. With holding of his promotion for a specified period.
III. Recovery from his pay [ the whole or part] for any primary loss caused by
him to the Govt. or Railway Administration by negligence or breach or
orders.
III(a) With holding of the Privilege Passes or Privilege Ticket orders or both
III(b) Reduction to a lower stage in the time scale of pay by one stage for a period
not exceeding three years., without cumulative effect and not adversely
affecting his pension.
IV. With holding of increments of pay for a specified period with further
directions as to whether on expiry of such period this will or will not have the
effect of postponing the future increments of his pay.
MAJOR PENALTIES:
V. Reduction to lower stage in the time scale of pay for a specified period with
further directions as to whether on the expiry of such period, the reduction
will or will not have the effect of postponing the further increment of his pay.
VI. Reduction to lower time-scale of pay, grade, post or service for a period to be
specified in the order of penalty, which shall be a bar to the promotion of the
Railway servant during such specified period to the time-scale of pay, grade,
post or service from which he was reduced, with direction as to whether or
not, on promotion on the expiry of the said specified period –
(a) the period of reduction to time-scale of pay, grade, post or service shall
operate to postpone future increments of his pay, and if so, to what extent;
and
(b) the Railway servant shall regain his original seniority in the higher time scale
of pay, grade, post or service;"(RBE 119/2011)
VII. Compulsory retirement.
VIII. Removal from service.
IX. Dismissal from service-which shall ordinarily be a disqualification for
employment under the Government.
In case of collisions of railway train one of the penalties specified in clauses
VIII & IX shall be imposed.
In case of passing railway signal at danger one of the penalties specified in
clause V to IX shall ordinarily imposed.
If no such penalty is to be imposed, the reasons there of shall be recorded in
writing.
THE FOLLOWING ARE NOT PENALTIES Within the meaning of this rule.
Note- All disciplinary cases may be routed through the Personnel Department at all
important stages viz issue of charge sheet, appointment of Inquiry officer
/Presenting officer, supply of inquiry report to the charged officer and passing
offinal orders by the Disciplinary Authority(RBE 140/09)
INSPECTION OF DOCUMENTS
After receiving the charge sheet the delinquent employee may request the
disciplinary authority for permission to inspect and take extracts from the original
RUDS documents mentioned in the list accompanying the charge sheet. After
receiving such a request the disciplinary authority should fixed up the date time and
place where the employee can inspect the documents and take the extract along with
his defence helper if any nominated should be supplied Photostat copies there of if
not already supplied with the memorandum.
WRITTEN STATEMENT
After having inspected the documents the charged officer should submit his written
statement of defence to the disciplinary authority with in prescribed time. The
written statement should not contain any thing irrelevant or disrespectful but must
precise and to the point.
After considering the written statement of defence the D.A. may impose minor
penalty and if it is proposed to impose W.I.T. of pay for a period exceeding 3 years
of W.I.T. of pay with commutative effect for any period or if the penalty of W.I.T. is
likely to effect adversely the amount of pension or special contribution to P.F.
payable to the employee, an inquiry shall invariably be held.
While communication orders the disciplinary authority should indicate brief reasons
for coming to the final decision.
While it is generally possible for the officers to finalise the disciplinary proceedings
within the target of 210 days, in some cases the disciplinary proceedings are not
finalized for a long time and the delay mostly takes place in the process of
conducting the inquiry and submitting the report of inquiry. In order to ensure
timely disposal of disciplinary cases, a monthly meeting may be held at ADRM’s
level wherein the cases where there is delay beyond the permissible limit should be
discussed and the DAs/IOs concerned advised the need to process the case speedily.
A fortnightly report may be obtained in such cases and progress monitored. All out
efforts should, thus, be made to adhere to the time schedule of 210 days for
finalization of disciplinary cases.[Authority: CPO/SC’s letter No. P[R]227/XIV dated
25.05.2005]
PROCEDURE FOR IMPOSING MAJOR PENALTIES (Rule-9):
5. Every decision of the board of inquiry shall be passed by majority of votes and
where there is an equality of votes on the finding, the finding of each member
shall be incorporated in the report.
6. Where it is proposed to hold an inquiry against railway servant, the
disciplinary authority shall draw up or cause to be drawn up.
a. The substance of imputation of misconduct or misbehavior in to definite and
distinct articles of charges.
b. A statement of the imputation of misconduct or misbehavior in support of
each article of charges.
i. A statement of all relevant facts including any admission or confession
made by railway servant.
ii. A list of documents by which and a list of witness by whom the articles of
charge are proposed to be sustained.
7. The D.A. shall deliver or cause to be delivered to the railway servant a copy of
article of charge, the statement of the imputation of misconduct or misbehavior
and a list of documents and witness and shall require the railway servant to
submit a written statement of his defense with in 10 days or such further time
as the D.A. may allow.
If the copies of documents have not been delivered to railway servant along
with the above and if he desires to inspect the same for the preparation of his
defence he may do so within 10 days from the date of receipt of the articles of
charges to him and complete inspection within 10 days thereafter and shall
state whether he desire to be heard in person.
8. The railway servant may for the purpose of his defence, submit along with the
written statement of his defence, a list of witness to be examined on his behalf.
If the railway servant applies in writing for supply of copies of statement of
witness mentioned in list, the D.A. shall furnish him a copy each of such
statements as early as possible and in any case not later then 3 days before the
commencement of the examination of the witness on behalf of the disciplinary
authority.
9.
a. On receipt of the written statement the D.A. shall consider the same and
decide whether the inquiry should be proceeded.
b. It may itself inquire into such articles of charge as are not admitted or
appoint board of inquiry or other authority.
c. Where all the articles of charge have been admitted in his defence the D.A.
shall record its finding on each charge after taking such further evidence as it
may think fit and shall act in the manner laid down in Rule-10.
d.
i. If the D.A. after consideration of written statement of defence is of opinion
that the imposition of a major penalty is not necessary, It may drop the
proceeding and without prejudice to its right to impose any of the minor
penalty not attracting the provisions of sub rule (2) rule-11. It may make
an order imposing such penalty.
ii. If no written statement of defence is submitted the D.A. may it-self inquire
in to the articles of charges or appoint an inquiring authority and inform
the railway servant of such appointment.
iii. Where the D.A. it self inquires or appoints a board of inquiry or inquiring
authority for holding an inquiry into such charge, it may by an order in
writing appoint a railway or any other government servant to be known as
presenting officer to present on it's behalf the case in support of the articles
of charge.
10. The D.A. shall (Where it is not the inquiring authority) forward to the
inquiring authority –
(i) A copy of articles of charge and statement of imputation of misconduct
and misbehavior.
(ii) A copy of written statement of defence. ( if any )
(iii) A copy statement of witness. ( if any )
(iv) Evidence proving the delivery of documents.
(v) A copy of order appointing the presenting officer. ( if any )
(vi) A copy of list of witness ( if any ) furnished by railway servant.
[Bd's Master circular No. 67 should be make available to the inquiry officer along
with appointment orders to conduct inquiry accordance with the rules (RBE 140/09)]
11. The railway servant shall appear in person before inquiring authority on such
day and time within 10 working day from the date of receipt by the inquiry
authority of the order appointing him as such as the I.A. may, by a notice in
writing, specify in behalf or with in such further time not exceeding 10 days as
the I.A. may allow.
12. If railway employee does not appear before the I.A. with in the specified time
or refuses or omits to plead, the inquiry officer shall require the presenting
officer (if any) to produce the evidence and shall adjourn the case to a later
date not exceeding 30 days.
13. The railway employee may present his case with the assistance of any other
railway servant (may also present his case with the assistance or retired
railway servant)
[May take assistance of an official of a trade union (Rly.) recognized.] Who has at
least worked as union official for one year?
14. After nomination of the assisting railway servant the date for inquiry shall be
fixed within one month.
15. The inquiring authority shall on receipt of notice for discovery or production
of documents, forward the same to the authority in whose possession the
documents are kept for the production of documents on such specified date.
Inquiry authority may refuse if such of the documents as are in it's opinion not
relevant to the case.
16. Every authority having the custody of requisitioned documents shall produce
before the inquiring authority, if it is against the public interest or security of
the state, it may be refused.
17. On the date of inquiry the witness shall be examined by on behalf of the
presenting officer if any and may be cross examined by or on behalf of railway
servant. The presenting officer if any, shall be entitled to reexamine the witness
on any points, On which they have been cross examined, but not on any new
matter without the leave of inquiring authority. The inquiring authority may
also put such-questions to the witness as it think fit.
18. Before the close of the case the inquiring authority on behalf of D.A. or on
behalf of railway servant, recall the evidence or witness and reexamine the
case and also allow the railway servant/presenting officer to produce evidence
not included in the list given to railway servant.
19. Where the prosecution case is closed the copy of the statement of defence shall
be given to the presenting officer duly signed by the railway servant & also to
I.A.
20. The evidence on behalf of railway servant shall then be produced. The railway
servant may examine himself if he so prefers the witnesses produced by the
railway servant shall be examined by or on behalf of him and shall be cross
examined by or on behalf of the presenting officer. (if any)
21. The inquiry officer may after the railway servant closes his case, and shall, if
the railway servant has not examined himself generally question him on the
circumstance appearing against him in the evidence.
22. After the completion of the production of evidence the inquiry officer may
hear the presenting officer (if any) and railway servant or permit them to file
written briefs of their respective case. If they so desire.
23. If the railway employee does not submit the written statement of defence on
the date specified or does not appear in person before I.A. or otherwise fails or
refuses to comply with the provisions of this rule. The I.A. may hold the
inquiry ex-parte.
24. Whenever any inquiring authority, having heard and recorded the whole or
any part of the evidence in an inquiry ceases to exercise jurisdiction the inquiry
authority so succeeding may act on evidence so recorded by it's predecessor or
partly recorded by itself.
25.
(1) After the conclusion of the inquiry a report shall be prepared and it shall
contain-
(a) Article of charge and statement of misconduct or misbehavior.
(b) Defence of the railway servant.
(c) Assessment of the evidence in respect of each article.
(d) The finding on each article of charge and reason therefore.
The inquiring authority, where it is not itself the D.A. shall forward to the
disciplinary authority the record of inquiry including-
(1) The inquiry officer should ensure that reasonable opportunity is given to
accused for defending his case.
(2) The inquiry committee/inquiry officer should before commencing the inquiry
proceeding ensure that the procedure for issuing charge sheet etc. as laid
down in the D&AR has been fully complied with.
(3) The inquiry committee/inquiry officer should ensure that intimation has been
sent in time to the accused regarding place, time & date of inquiry.
(4) Proceedings should be precisely & carefully worded so as to convey the
correct meaning.
(5) The language used must be such as cannot be interpreted to be defamatory
(6) The departmental inquiry should not be entrusted to an lower in status than
that of the officer who conducted the fact- finding inquiry. This would
eliminate the possibility of the inquiry officer being influenced by the superior
officers.
(7) Evidence in the form of an affidavit cannot be ruled out in departmental
proceeding.
(8) In case where the assumed official is not available or he fails to attend the
departmental inquiry either alone or with defense counsel without reasonable
and sufficient reasons the inquiry officer should proceed ex-parte.
(9) The defense counsel can assist the accused, instruct & guide him in his
defense & can examine, cross examine & reexamine witnesses. However he
will not answer questions on behalf of the accused or prompt the accused in
his answers.
On the finding of inquiry officer the disciplinary authority may act as under-
5. If the disciplinary authority having regard to its finding on all or any of the
articles of charge (and on the basis of evidence adduced during the inquiry) is
of opinion that any of the penalties specified is in clauses V to IX of Rule 6
should be imposed on railway servant, it shall make an order imposing such
penalty. (It shall not be necessary to given the railway servant any
opportunity of making representation on the penalty proposed to be
imposed.) Provided that in every case, where it is necessary to consult the
commission, the record of inquiry shall be forwarded to the commission for
its advice and such advice shall be taken in to consideration before making an
order imposing any such penalty on the railway servant.
(Note:- Procedure for dealing with Safety related Disciplinary Cases given in
RBE 36/03)
Orders made by the disciplinary authority which would also contain its finding on
each article of charge, Shall be communicated to the railway servant who shall also
be supplied with a copy of advice, if any given by commission and where the
Disciplinary authority has not accepted the advice of the commission a brief
statement of the reasons for such non acceptance.
Where two or more railway employees are concerned in any case the president or
any other authority competent to impose the penalty of dismissal from service on all
railway servants may make all orders directing that disciplinary action against all of
them may be taken in a common proceedings.
Rule 14 - As per Article 311 (2) of the constitution under which no Govt. employee
can be dismissed, removed or reduced in rank without an inquiry in which he has
been informed of the charges against him & given a reasonable opportunity to
defend himself but Rule 14 is only exceptional situations listed. That the requirement
of holding an inquiry may be dispensed with.
Rule 14(i) - The first pre-requisite is that the disciplinary authority should be aware
that a Govt. servant has been convicted on a criminal charge. In considering the
matter, the disciplinary authority will have to take into account the entire conduct of
the delinquent employee, the gravity of the misconduct committed by him, the
impact which his misconduct is likely to have on the administration & other
extenuating circumstances.
Once the disciplinary authority reaches the conclusion that the Govt. servant's
conduct was blameworthy & punishable, it must decide upon the penalty that
should be imposed on the Govt. servant.
After the competent authority passes the requisite orders a govt. servant who is
aggrieved by it can agitate in appeal, revision or review, as the case may be
Rule 14 (ii) If situation exist which makes the holding of an inquriy contemplated by
Article 311(2) is not reasonable practicable than the disciplinary authority should
record in writing the reason or reasons for its satisfaction that it was not reasonably
practicable to hold the inquiry contemplated by Article 311(2).
This is a constitutional obligation & if the reasons are not recorded in writing, the
order dispensing with the inquiry & the order of penalty following it would be void
& unconstitutional.
Rule 14 (iii)This rule though not very frequently used, but when used assumes grant
importance certain points which may be kept in view abduct this rule are;-
1. Railway servant under suspension shall not be promoted even if already borne
on a selection panel/suitability list (RBE 13/93)
2. Person appointed directly to a higher post, service, grade or time scale of pay
cannot be reduced by way of punishment to a post in a lower time scale, grade,
service or to a post which he never held before (RBE 68/89)
3. Railway servant in respect of whom a charge sheet for major penalty is pending
or contemplated cannot be promoted. There is, however, no objection to
promote him if he is not under suspension and the proceedings already initiated
are for the imposition of only a minor penalty (RBE 13/93)
4. Rly servant under suspension or charge sheet of major/minor penalty is
pending against him, will be called along with other eligible candidates to
appear in selection/suitability but list of qualified persons will include the
names of those who are not under suspension or against whom disciplinary
proceedings for the imposition of only a minority have been initiated (RBE
13/93)
5. Except a Railway servant who is under suspension or against whom prosecution
for a Criminal Charge is pending or who has been reduced to a lower grade may
be confirmed within the period of punishment if he is otherwise considered fit
&entitled for the same [Rly. Bds L.No. 831-E/25-IV(EIV) dt. 15.03.74 & RBE
13/93]
6. Where the penalty imposed is 'withholding of increment' and it becomes
operative from a future date, the person concerned should be promoted in his
turn & the penalty imposed in the promotional grade for a period which would
not result in greater monetary loss (RBE 13/93)
7. The mere filing of an appeal and/or stay of the execution of the sentence do not
take away the effect of conviction, unless the appeal is allowed and the
conviction is set aside by the appellate court. The competent disciplinary
authority may proceed with the institution/completion of disciplinary
proceedings, including imposition of the penalty as prescribed in the
disciplinary rules, on the basis of conviction imposed on the Railway servant by
a criminal court notwithstanding the fact that a higher court on an appeal filed
by the railway servant concerned may order suspension of the "sentence" passed
by the trail court till the final disposal of the appeal. (RBE 59/13 & 65/13)
APPEALS
1. An order of suspension
2. An order imposing any of the penalties under Rule-6.
3. An order enhancing any penalty.
(a) Denies or varies to his disadvantage his pay, allowance, pension, P.F.
benefits & service gratuity.
(b) Interprets to his disadvantage the provision of any such rule or allegation.
4. An order -
(a) Stopping him at the efficiency bar in time scale of pay on the ground of his
unfitness to crossbar.
(b) Reversion otherwise then a penalty.
(c) Reducing or with holding the pension.
(d) Reducing or with holding of the government contribution and special
contribution to P.F. or gratuity.
(e) Determining the subsistence allowance or other allowances to be paid to him.
(f) Determining his pay and allowances.
(i) For the period of suspension.
(ii) For the period from the date of his dismissed, removal or compulsory
retirement from service to the date of his restatement.
(g) Determination of period from the date of his suspension or from the date of
his dismissal, removal or compulsory retirement to the date of his
reinstatement shall be treated as a period spent on duty for any purpose.
A railway servant including a person who has ceased to be in railway service may
prefer an appeal against all or any orders specified in Rule-18 to the authority
specified in schedules.
The appeal should be filled within 45 days of the delivery of punishment of orders to
the railway servants however the appellate authority may entertain a time barred
appeal, if the railway servant can show sufficient reason for delay.
Rule-21:
The appeal must be addressed to the appropriate appellate authority only. Every
person preferring an appeal shall do so separately and in his own name. It shall
contain all material statements and arguments on which the appeal relies, shall not
contain any disrespectful or improper language.
The disciplinary authority shall on receipt of a copy of appeal forward the same with
its comments thereon together with the relevant record to the appellate authority
without any delay.
The A.A. has a right to reject the appeal it does not contain all material statement or
not in proper and respectful language the appellate in such cases may be directed to
submit a properly worded appeal for consideration.
1. In the case of an appeal against order of suspension, the A.A. shall consider
whether the order of suspension is justified or not and also under the
provision of rule and confirm or revoke the order accordingly.
2. In case of an appeal against the penalty imposed under the said rule the A.A.
shall consider.
(a) Whether the procedure laid down in rule has been followed or not.
(b) Whether the finding of the disciplinary authority are warranted by the
evidence on the record.
(c) Whether the penalty or the enhanced penalty imposed is adequate
/inadequate and pass orders -
Confirming, enhancing, reducing or setting aside the penalty. If the A.A. proposes to
impose the enhanced penalty in one of the penalty specified in clauses V to IX of
Rule-6 and an inquiry under Rule-9 has already been held the A.A. Shall make such
order after giving an opportunity of making representation.
If an inquiry under Rule-9 has not already been held in the case, itself hold such
inquiry or direct that such inquiry be held and thereafter on a consideration of the
proceeding of such inquiry pass such order as it may deem fit.
The authority which made the order appealed against shell given effect to he order
passes by the A.A.
Revision in disciplinary cases, only Railway Board G.M. & officer not below the rank
of Deputy Head of Department or DRM are empowered to revise any order passed
by an authority subordinate to them the revising authority may act as under-
An action to enhance the penalty shall not been initiated more than 06 months after
the date of orders and more than one year after the date of the orders to be revised in
case where it is proposed to reduce or cancel the penalty.
Appellate authority can also exercise reversionary power when in case no appeal has
been preferred in terms of Rule 25 ( I ) ( IV ) However for an appellate authority to
exercise reversionary power, this authority has to be of the rank of DRM and above
an authority up to the rank of ADRM can't exercise reversionary powers if it
happens to be the appellate authority in the case reversionary powers will be
exercised by the appellate authority only for conducting suo-moto revision. The time
limits laid down in Rule 25 (5) also apply in cases of revision done by the appellate
authorities. The revising authority has to be higher in rank than the appellate
authority where
(i) an appeal has been preferred or
(ii) where the time limit prescribed for revision to be made by the Appellate
Authority as laid down in Rule 25 (5) or RS (D&A) Rules has expired.
The above stipulation does not apply to the revision made by president.
REVIEW (Rule-25 A) :
The president may at any time either is own motion or otherwise review any order
passed under these rules-
Standard
Subject
form No.
1 Order of suspension
2 Order of deemed suspension.
3 Certificate to be furnished by suspended Railway employee.
4 Revocation of suspension.
5 Charge sheet for major penalty
6 Refusing of permission to inspect the documents
7 Appointment I.O./Board of Inquiry
8 Appointment of presenting officer
9 NOT PRINTED
10 Disciplinary action in common proceeding
10(a) Appointment of inquiry officer in common proceeding
10(b) Appointment of presenting officer in common proceeding
Charge sheet for minor penalty
11 Charge sheet for minor penalty
11(b) Charge sheet for initiation of minor penalty in case where inquiry
is essential
11(c) For making disciplinary action for minor penalty where the charge
sheet for major penalty was initially issued
12 Memorandum where action is proposed under Rule-14 (i ).
13 Permission from president for action taking against the retire Rly.
employee.
14 Charge sheet for retired Railway employee.
SCHEDULE-II
[See rule 4 and sub-rule (2) of rule 7]
6 Senior Administrative All classes of Penalties specified in clauses (i) Additional General
Grade Officers in the non-gazetted to (vi) and suspension. Managers in relation to
Zonal Railways' Head staff. Departments attached to
Quarters in Pay Band-4 them or Chief
with Grade Pay Rs. Administrative Officers
10000/- including or General Managers.
Principal Heads of
Departments in Pay
Band-4 with Grade Pay
Rs.12000/-.
7 Additional General All classes of Penalties specified in clauses (i) Railway Board
Managers in relation to non-gazetted to (vi) and suspension.
Departments attached staff.
to them or Chief
Administrative
Officers or General
Managers.
8 Railway Board All classes of Penalties specified in clauses (i) President
non-gazetted to (vi) and suspension.
staff:
Note
1. An Appointing authority or an authority of equivalent rank or any higher
authority shall be competent to impose penalties specified in clauses (vii),
(viii) and (x) of rule 6.
2. Where the post or appellate authority as shown in column 5 is vacant, then, in
that case the next higher authority shown in the row just below that authority
shall be the appellate authority.
3. The appointing authority or an authority of equivalent rank or any higher
authority who is competent to impose the penalty of dismissal or removal or
compulsory retirement from service, may also impose any lower penalty.
Rule 14 - As per Article 311 (2) of the constitution under which no Govt. employee
can be dismissed, removed or reduced in rank without an inquiry in which he has
been informed of the charges against him & given a reasonable opportunity to
defend himself but Rule 14 is only exceptional situations listed. That the requirement
of holding an inquiry may be dispensed with.
Rule 14(i) - The first pre-requisite is that the disciplinary authority should be aware
that a Govt. servant has been convicted on a criminal charge. In considering the
matter, the disciplinary authority will have to take into account the entire conduct of
the delinquent employee, the gravity of the misconduct committed by him, the
impact which his misconduct is likely to have on the administration & other
extenuating circumstances.
Once the disciplinary authority reaches the conclusion that the Govt. servant's
conduct was blameworthy & punishable, it must decide upon the penalty that
should be imposed on the Govt. servant.
After the competent authority passes the requisite orders a govt. servant who is
aggrieved by it can agitate in appeal, revision or review, as the case may be
Rule 14 (ii) If situation exist which makes the holding of an inquriy contemplated by
Article 311(2) is not reasonable practicable than the disciplinary authority should
record in writing the reason or reasons for its satisfaction that it was not reasonably
practicable to hold the inquiry contemplated by Article 311(2).
This is a constitutional obligation & if the reasons are not recorded in writing, the
order dispensing with the inquiry & the order of penalty following it would be void
& unconstitutional.
Rule 14 (iii) This rule though not very frequently used, but when used assumes
grant importance certain points which may be kept in view about this rule are;-
(10) The inquiry officer should ensure that reasonable opportunity is given to
accused for defending his case.
(11) The inquiry committee/inquiry officer should before commencing the inquiry
proceeding ensure that the procedure for issuing charge sheet etc. as laid
down in the D&AR has been fully complied with.
(12) The inquiry committee/inquiry officer should ensure that intimation has been
sent in time to the accused regarding place, time & date of inquiry.
[*Rly. Bds LNo. E(D&A)73 RG-6-5 dt. 22.02.74 (NR PS 6099) & RBE 13/93 & 217/02]
(1) Railway servant under suspension shall not be promoted even if already
borne on a selection panel/suitability list (RBE 13/93)
(2) Person appointed directly to a higher post, service, grade or time scale of pay
cannot be reduced by way of punishment to a post in a lower time scale,
grade, service or to a post which he never held before (RBE 68/89)
(3) Railway servant in respect of whom a charge sheet for major penalty is
pending or contemplated cannot be promoted. There is, however, no
objection to promote him if he is not under suspension and the proceedings
already initiated are for the imposition of only a minor penalty (RBE
13/93)
(4) Railway servant under suspension or charge sheet of major/minor penalty is
pending against him, will be called along with other eligible candidates to
appear in selection/suitability but list of qualified persons will include the
names of those who are not under suspension or against whom disciplinary
ADVANCES
Recovery of Advance:
The advance sanctioned for the purchase of a personal computer shall be recovered in such
number of equal monthly installments as the Railway servant may elect, but not exceeding
150 installments.
Interest:
Simple interest at such rates as may be fixed by Government from time to time for the Motor
Car advance shall be charged on advance granted to Railway Servant for the purchase of
Personal computer.
All other conditions laid down in the Rules regulating the sanctioning of motor car advance
will apply to the advance which may be sanctioned for the purchases of a personal
computer.
A Head of Office may sanction to a railway servant under his administrative control,
who is required to proceed on tour, an advance to cover his personal travelling
expenses for a period not exceeding 30 days as well as his expenses on contingent
charges arising out of the tour.
A second advance cannot be made to a railway servant under this rule until an
account has been given for the first.
A railway servant who has taken an advance under this rule may not take payment
of travelling allowance or other bills drawn in respect of the same journey while the
advance or any portion of it remains unadjusted.
The advance of pay should be recovered from the pay of the railway servant in three
monthly installments beginning with the month in which a full month's pay is
drawn after the transfer. The advance of travelling allowance should be recovered, in
full, on submission of the railway servant's traveling allowance bill.
A railway servant may be allowed a second advance to cover the travelling expenses
of any member of his family who follows him within six months from the date of
transfer and in respect of whom an advance of traveling allowance has not already
been drawn.
(i) Advances may also be granted for the conduct of law suits to which
Government is a party; but no advance should be made to a railway servant
for the legal proceedings against whom have been taken at the instance of the
railway administration. The amount of advance should be such as is
absolutely necessary for the conduct of the law suit and should be drawn and
accounted for as contingent charges
(ii) To enable the railway servant to meet the expenses of his defense in
proceedings instituted by a private party against him in respect of matters
connected with his official duties or position. Government may sanction at
their discretion an interest free advance, not exceeding Rs. 500 or the railway
servants' substantive pay for three months whichever is greater after
obtaining from him a bond. The amount advanced would be subject to
adjustment against the amount, if any, to be reimbursed.
(iii) In a case where a railway servant may be required to vindicate his conduct in
a court of law when specific allegations are made against him in Press, an
interest free advance on execution of the bond prescribed by the
Administration, may be granted. The advance shall not exceed Rs. 500/- or
substantive pay for 3 months whichever is less.
(iv) No second advance for the same proceeding is admissible.
(v) The recovery of the advance will be made in not more than 24 monthly
installments. The recovery will start on the first issue of pay/subsistence
allowance/leave salary following the month in which the advance is given.
1. Introduction
2. Purpose
House Building Advance (HBA) is admissible to an employee for only one of the
following purposes:-
(i) Constructing a new house on the plot owned by the employee or spouse,
either jointly or individually.
(ii) Purchasing a plot and constructing a house thereon.
(iii) Purchasing a plot under co-operative Schemes and constructing a house/ flat
thereon or acquiring a house through membership of Cooperative Group
Housing Societies.
(iv) Purchase/construction of house under the self-financing schemes of Delhi
Bangalore, UP, Lucknow etc.
(v) Outright purchase of a new ready-built house/ flat from Housing Boards,
Development Authorities and other statutory or semi-Government bodies
and from registered builders i.e., registered private builders, architects, house
building societies, etc., but not from private individuals.
(vi) Expansion of living accommodation of an existing house owned by the
employee or jointly with spouse. The total cost of the existing structure
(excluding cost of land) and the proposed additions should not exceed the
prescribed cost ceiling under these rules.
(vii) Repayment of loan or advance taken from a Government or HUDCO or
private sources even if the construction has commenced, subject to certain
conditions.
(viii) Existing employees who has already taken Home Loans from Banks and
others Financial Institutions are allowed to migrate to this scheme, subject to
fulfilment of extant conditions.
3. Eligibility
Note: In cases where both the spouses are central government employees and are
both eligible for grant of House Building Advance, the advance will be admissible to
both of them jointly/separately.
(i) Cost of the house to be built /purchased (excluding the Cost of plot) should
not exceed 139 times of the basic pay of the employee subject to a maximum
of Rs. 1.00 crore (one crore) only. In individual cases, if the Administrative
Ministry is satisfied on the merits of the case, the cost ceiling may be relaxed
up to a maximum of 25% by the Head of the Department.
5. Amount of Advance
(i) Only one advance shall be sanctioned to the government servant during his/
her entire service.
(ii) The maximum amount of advance shall be:
a) 34 months basic pay subject to a maximum of Rs. 25.00 lakhs only (Rs.
Twenty-five lakhs), or cost of the house/flat, or the amount according to
6. Repayment Capacity
For the purpose of calculating the admissible loan amount, the repayment capacity
of the Central government employee shall be calculated as below:
a] In cases of employee retiring 40% of basic pay
after 20 years
b] In cases of employee retiring Up to 40% of basic pay. 65% of
after 10 years, but not later DCR Gratuity may also be
than 20 years adjusted.
c] In cases of employee retiring Up to 50% of basic pay. DCR
within 10 years Gratuity up to 75% can be
adjusted.
(i) The Interest on Housing Building Advance for the financial year 2017-18
onwards shall be 8.50%. This shall be reviewed every three years to be
notified in Consultation with Ministry of Finance.
(ii) The methodology of recovery of HBA shall Continue as per the existing
pattern of recovery of principal first in the first fifteen years in not more
than 180 monthly instalments and interest thereafter in next five years in
not more than 60 monthly instalments. The advance carries simple interest
from the date of payment of first instalment.
(iii) All cases of subsequent tranches/instalments of HBA being taken by the
employee in different financial years shall be governed by the applicable rate
of interest in the year in which the HBA was sanctioned, in the event of
change in the rate of interest.
Note: The clause of adding a higher rate of interest at 2.5% (two-point five percent)
above the prescribed rate during sanction of House Building Advance, as
reproduced below, stands withdrawn.
“Sanction should stipulate the interest 2.5% over and above the scheduled rates with
the stipulation that if conditions attached to the sanction including those relating to
the recovery of amount are fulfilled completely to the satisfaction of competent
authority, a rebate of interest of the extent of 2.5% will be allowed”.
8. Disbursement
(i) Advance for purchase of ready built house can be paid in one lump sum as
soon as the applicant executes an agreement in the prescribed form. The
employee should ensure that the house is purchased and mortgaged to the
Government within 3 months of drawal of the advances.
(ii) Advance for purchase/construction of new flat may be paid either in one
lump sum or in convenient instalments at the discretion of the Head of
Department. The employee should execute the agreement in prescribed form
before the advance/first instalment of advance is paid to him/her. The
amount drawn by the employee should be utilized for the purchase/
construction of the flat within one month.
(iii) Advance for Construction/ expansion of living accommodation, etc., shall
be payable in two instalments of 50% each. The first instalment will be paid
after the plot and proposed house/existing house is mortgaged and the
balance on the Construction-reaching plinth level.
(iv) Advance for expansion to be carried out on the upper storey of the house
will be disbursed in two instalments, first instalment on executing the
mortgage deed and the second instalment on the construction reaching roof-
level.
(v) In the case of advance for purchase of plot and construction of house, the
advance will be disbursed as below:
a) Single Storeyed House. After agreement in prescribed form is executed on
production of Surety bond, 40% of the advance or actual cost will be
disbursed for purchase of plot. The balance amount will be disbursed in
two equal instalments, first after the mortgage is executed and second on
the construction reaching plinth level.
b) Double Storeyed House: 30% of advance for cost of plot will be disbursed
on executing the agreement. The balance amount will be disbursed in two
equal instalments, the first on executing the mortgage deed and the second
on construction reaching plinth level.
10. Insurance
a) Immediately on completion of construction/purchase of house/flat, the
employee shall insure the house with the recognized institutions as approved
by Insurance Regulatory and Development Authority (IRDA), for not less
than the amount of advance and shall keep it so insured against damage by
fire, flood and lightning till the advance together with interest thereon is
repaid in full and deposit the policy documents with the Head of the
Department (HoD). Renewal of insurance will be done every year and
premium receipts produced for inspection of the HoD regularly.
b) Penal interest of 2% over and above existing rate of interest will be recovered
from the employee for those periods which are not covered by insurance of
the house.
11. Migration
Note :
ALLOWANCES
Railway servants are entitled for different types of allowances, details of which are
as under:-
Employees working on Indian Railway are eligible for compensation in the form of
Dearness Allowance on account of increase of the price of commodities. This
allowance is revised in accordance with the increase in All India average consumers
price index number for industrial workers (General) twice in the year i.e. in Jan & in
July. It is admissible at par to all the central govt. employees & pensioners.
After implementation of sixth pay commission, the term 'basic pay' in the revised
pay structure, means the pay drawn in the prescribed pay band + applicable Grade
Pay, but does not include any other type of pay like special pay. etc. In the case of
railway servant in pay scales of HAG + and apex scale, basic pay means the pay in
prescribed scale. For the purpose of calculation of dearness allowance, non-
practicing allowance where applicable, shall be taken into account. Rate of DA from
January -2016 is as under:-
This Allowance is admissible to those Railway servants who have not been allowed
Railway accommodation. This is admissible as per classification of the various cities
as under:-
Rate of HRA as a percentage of
S.
Classification of City Basic Pay (+NPA where
No.
applicable)
1. "X" Class cities [earlier A-1 class of city 24%
2 "Y" Class cities [earlier A, B-1 & B-2 class of city 18%
3 "Z" Class cities [earlier C & unclassified class of city 8%
The rates of HRA will not e less than Rs.5400, 3600 & 1800 at X Y Z Class cities
respectively.
Basic pay for the purpose of calculating HRA will be same as clarified in item no. 01
above. House Rent Allowance shall not be granted to a Railway employee if –
Person entitled for accommodation of any type and refuses to accept the same then
he is not entitled for HRA. [Rule 1707 of IREC II]
3. Transport Allowance :-[RBE 80/2017]
(1) In accordance with the recommendation of 7th pay commission, all Railway
employees are entitled for transport allowance at the following rates :-
i. The allowance shall not be admissible to those employees who have been
provided with the facility of Government transport.
ii. In respect of those employees who opt to continue in their pre-revised Pay-
structure/Pay Scales, the corresponding Level in the Pay Matrix of the post
occupied on 01.01.2016 as indicated in Railway Services (Revised Pay) Rules,
2016 would determine the allowance under these orders.
(3) In the case of the employees presently availing of the facility of workmen
trains, an option is to be given to the employees as a group to either avail
themselves of the existing facility or to switch over to the payment of
transport allowance as admissible under these orders.
Doctors working in Rly. hospitals including dental doctors are entitled for Non
practicing Allowance in lieu of not allowing them the private practice, at the rate
of 20% of the Basic Pay in 7th CPC pay subject to the condition that the Basic pay
+ NPA should not exceed Rs. 2,37,500/- pm. NPA will be treated as pay for the
purpose of computing , Dearness allowance as well as for calculation of
retirement benefits. Payment of NPA is subject to condition that the post is
clinical one, a whole time post, ample scope for private practice and necessary to
prohibit private practice in public interest.
Annual Allowance.
S. Category w.e.f 01.09.2008
No.
(a) Railway Doctors having Post Graduate qualification recognized Rs.1000/-p.m.
under Indian Medical Council Act,1956.
(b) General Duty Doctors who do not possess any P.G. Qualification Rs.600/-p.m.
or who possess unrecognized P.G. Qualification.
Rates of these allowance will be increased by 25% whenever the D.A. goes up by
50%
All Nursing staff working in Rly. Hospitals who have been registered in accordance
with Indian Nursing Council act are entitled for Rs.7200 per month. Mainly All
nurses either male or female, sister in charges, matrons, midwives & Lady Health
visitors etc. are considered as Nursing staff.
The rates of these allowances will be increased by 25% whenever the Dearness
Allowance payable on the revised pay structure goes up by 50%.
Note :
Nursing Allowance will not be treated as pay. [RBE 192/98]
(1) In terms of extant instructions, the Uniform- related allowances being paid to
Railway employees as admissible included Kit Maintenance Allowance, Shoe
Allowance, Uniform Allowance and Washing Allowance.
(2) Consequent to the decision taken by the Government on the
recommendations of the 7th CPC, these uniform-related allowances have
been subsumed into a single Dress Allowance. The President is pleased to
(4) With the payment of this Dress Allowance, categories of staff who were
earlier being provided Uniforms, will henceforth not be provided with
Uniforms.
(5) The amount of Dress Allowance shall be credited to the salary of entitled
employees directly once a year in the month of July.
(6) This allowance covers only the basic uniform of the employees. Any special
clothing like the fluorescent clothing provided to Trackmen of Indian
Railways will continue to be provided by this Ministry as per existing norms.
Hospital Patient Care Allowance and Patient Care Allowance has been introduced
w.e.f. 1.1.2008 in respect of the Group C&D (non-ministerial) railway employees
working in railway hospitals and health units/clinics as specified below :-
(1) Grant of Hospital Patient Care Allowance and Patient Care Allowance shall
be subject to fulfillment of the following conditions :-
(a) The grant of these allowances shall be limited to the following categories of
Group C&D (non-ministerial) railway employees working in railway
hospitals and health units/clinics:-
(i) Radiographer.
(ii) Pharmacists (except Store Pharmacists not involved in dispensing of
medicines)
(b) Hospital Patient Care Allowance shall be admissible to the above specified
Group C&D (non-ministerial) railway employees working either in
(c) Patient Care Allowance shall be admissible to the above specified Group
C&D (non-ministerial) railway employees working either in
(d) Hospital Patient Care Allowance would be admissible @ Rs. 700/- P.m.
w.e.f. 1.1.08 & 1400/-w.e.f. 1.9.08 & 1750/- w.e.f. 1.1.11 to the above
specified Group C (non-ministerial) railway employees, and @ Rs. 695/-
p.m. w.e.f. 1.1.08 & 1390/- w.e.f 1.9.08 & 1738/- w.e.f 1.1.11 to the above
specified Group D (non-ministerial) railway employees. [RBE 15/13]
(e) Patient Care Allowance would be admissible @ Rs. 690/- p.m. w.e.f. 1.1.08
& 1380/- w.e.f. 1.9.08 & 1725/- w.e.f. 1.1.11 to the above specified Group
C&D (non-ministerial) railway employees. [RBE 15/13]
(f) Night Duty Allowance and/or Risk Allowance, if admissible to the above
categories of staff, shall ceases to be admissible to them w.e.f. 1.1.2008.
(g) This allowance has now been converted as Risk Insurance Allowance.[RBE
118&119/09]
(h) This allowance (HPCA/PCA) will be paid continuously till the time Risk
Insurance Scheme is implemented.[RBE 07/10]
Section Controllers and Chief Controllers of Indian Railways @ Rs. 5,000/- per
month
11. Health and Malaria Allowance [RBE 159/2017]
The rate of this allowance will further increase by 25 percent each time DA
rises by 50 percent.
Different type of allowances are admissible to staff performing running duties in the
railways.
"Running duties" means duties directly connected with the movement of train and
performed by running staff while employed on moving trains or engines.
Running staff performing running duties, shall refer to railway servants of the
categories mentioned below:-
SN Loco Traffic
1 Loco Pilots including motor men & Rail motor Drivers Guards
2 Shunters Asst. Guards
3 Fire men, Dsl. Asstt., Elect Asstt., Asstt. Drivers. (ALP)
-
Reckoning of running allowance as pay :- 30% of the basic pay of the running staff
will be treated as pay representing the pay element in the running allowance and
will be treated as pay for the following purposes :-
(1) Entitlement for class of passes /PTO
(2) Medical Attendance & treatment
(3) Educational assistance
(4) House rent allowance
(5) Entitlement for type of Rly accommodation
(6) Recovery of rent for Rly accommodation
(7) Fixation of pay in stationery post
(8) Dearness allowance
(9) Over time allowance
(10) Leave encashment
For assessment of income tax 30% of the pay will be treated as part of the pay but for
calculation of retirement benefits 55% of the basic pay shall be taken into account,
however, for the propose of leave encashment, only 30% of the pay shall be counted.
When running staff performs non running /stationery duty, they will be entitled
for an allowance in lieu of kilometrage (ALK) as per prescribed rates.
Kilometreage Allowance is not admissible to the Traffic Apprentices who work
independently as Guards as part of their training. [RBds letter no. E(P&A)II-
2004/RS-19 dt. 15.07.11(NWR PS 51/11]
b. Allowance in lieu of Running Room facilities [Para 908 IREM & RBE No.
181/09]
(i) At out stations where the running room facilities for the running staff is not
available, allowance in lieu of the running room facilities is admissible.
(ii) This allowance shall be admissible at roadside stations irrespective of whether
the train terminates there or not.
(iii) In respect of running room where cooks are not provided, the allowance shall
be admissible at half the prescribed rates.
(iv) In the case of Ballast and material trains and trainship Goods Vans, the staff
taking rest in Crew Rest Vans may be paid on allowance at half the rates of
the Allowance in lieu of Running Room facilities during the halts as cooks are
not provided in the rest vans.
(v) The allowance shall not be payable if rest facilities are made available even if
running rooms as such do not exist.
(vi) This allowance shall also not be admissible to running staff who are not sent
to outstations on stationery duty.
When running staff are detained for more than 16 hrs from "signing off" at out
station they will be entitled for OSDA at the rate of 70 km for each 24 hrs or part
after the expiry of 16 hours from the time of "signing off".
(i) This allowance shall be payable to running staff deputed to work temporarily
at stations outside their headquarters either on running or stationary duties.
Payments will be made as the rates specified in Rule for Outstation
(detention) Allowance for each day reckoned from the date of arrival at the
outstation.
(ii) The allowance shall be regulated in the following manner :-
(a) When the running staff are sent to an outstation to officiate in higher posts,
allowance shall be paid for a period of 14 days only.
(b) When running staff are sent to an outstation in the same capacity, the
allowance shall be paid for a maximum period of two months.
(c) the period of journey to and from the reliving station shall be treated as
duty, either spare or running, and the allowance will be paid accordingly.
Running staff who are held up at any station other then their headquarters due
to an accident for a period exceeding 8 hours, shall be paid an accident
allowance at the rate specified in rule for outstation (detention) allowance for
every 24 hours or part thereof reckoned from the time of commencement of
detention. If the period of detention does not exceed 8 hours, no payment will be
made but the hours for which the staff are detained shall be counted towards
hours of duty.
Each Railway shall identify such section and circumstances which do not have
the potential for enabling the running staff to earn adequate Kilometerage
within the stipulated duty hours. For these identified sections and
circumstances, the running staff shall be paid at the rate of 120 kms. for the full
stipulated duty hours.
Waiting duty allowance at the rate of 15 kilometer per hours up to 10 hours shall
be paid to the running staff in the following cases –
(a) In the case of running staff working trains on all Ghat Sections where the
banker is actually employed in assisting the train, the computation of
Kilometerage shall be five times the actual distance traveled.
(b) In all other cases (including those where the banking engine is run as a light
engine or assistance is not required), the computation shall be five times the
actual distance travelled in the case of Class I ghat section and three times the
actual distance in the case of Class II ghat section.
(a) The maximum permissible speed should not be less than 110 kms. in the case
of B.G. and 100 kms. in the case of M.G.
(b) The aforesaid limits of maximum permissible speed should be obtained over
at least 50% of the total run of the train.
(c) The average speed should be not less than 66 kms. on the B.G. section and not
less than 60 kms. on M.G. Section.
The minimum distance between terminals of the trains should be 400 kms. on B.G.
and 300 kms. on M.G. section.
LMA = 30% of the Basis pay x leave taken No. of days of the month
Whenever any train meets with any accident on the track or derails which
results as hurdle in transportation, it will cover under the definition of Break
Down. To early restoration of transport on the path, the staff as well as
materials, tools and plants are being arranged from nearest Break Down
depot.
For this purpose the staff of various departments Viz LOCO, C&W, OPTG,
Civil Engg., S&T, Elect etc. are being year marked and Break Down
Allowance as per prescribed rates is admissible to such staff.
The staff deputed for Bread Down duty will be supplied free food. Where it is
not possible to supply the food at site they will be paid the amount in cash.
The entire time for journey Ex duty place to site of accident & back to duty
place, the whole time consumed for working at site of accident will be
reckoned as duty for the purpose of payment of Over time allowance.
The person deputed for Break Down Duties will get TA @ 100% Irrespective
of the fact that the staff went out of Head Qrs. beyond. 8 Km or worked
beyond 12 hrs.
Rates of these allowance will be increased by 25% whenever the D.A. goes up
by 50%
Note: i) The term ‘Pay Level” in the revised pay structure means the ‘Level’ in
the Pay Matrix.
Note: ii) Railway employees, whose offices are in the project area, but not
specifically for the work of the project, and the projects are covered by
the Ministry of Finance’s O.M. No.20011/5/73-E.IV(B) dated 17.1.1975
on project allowance (circulated under Board’s letter No.E(G)73AL12-27
dated 27.11.78 and No.PC-IV/86/Imp/AL-15 dated 14.10.86) shall,
however be entitled to Project Allowance only at 50% of the above rates.
3. Conditions
Travelling Allowance will be granted for each completed day of absence from the
headquarters reckoned from mid night to mid night at the following proportion ;-
If absence from Head Quarter does not 30% of the Travelling allowance
exceed 6 continuous hrs
If absence from headquarter does not 70% of the Travelling allowance
exceed 12 continuous hrs
If absence from headquarter exceed 12 100% of the Travelling allowance
continuous hrs
If the Railway servant avails leave / Restricted holiday while on duty NO traveling
allowance shall be admissible, for that day.
When Rly. Servant remains out of HQ. On duty and no facilities for meals and
accommodation exists at such place the traveling allowance shall be admissible as
under.[Rule 1617 of IREC- II]
The period of absence from Headquarters begins when a railway servant leaves his
Headquarter station and ends when he actually returns to the place in which his
Headquarters are situated whether he halts there or not. When a train arrives less
than 15 minutes late the time recorded in the Railway Time - Table shall be taken as
the time of arrival of the train for the purpose of this rule.
The time spent in journeys by road from Headquarters Office to the station/air-port
when a railway servant actually leaves his Headquarters shall not be included for
this purpose. [Rule 1620 of IREC II]
For payment of traveling allowance the Rly employees have been classified as under
- [RBE 84/2017]
7th CPC Level Entitlement*
14 and above Rs.1200
12 and 13 Rs.1000
9 to 11 Rs.900
6 to 8 Rs.800
5 and below Rs.500
*these Daily Allowance rates will go up by 25% every time the DA goes up by 50%.
Rates of these allowance will be increased by 25% whenever the D.A. goes up by
50%
Mileage Allowance shall be admissible only for journey by road and calculated
by the shortest of two or more prescribed routes, or by the cheapest of such
routes as may be equally short. If a railway servant travels by a route which is
not the shortest but cheaper than the shortest, his mileage allowance shall be
calculated on the route actually used
18. Composite Transfer grant [Rule 1642 & 1643 IREC II - 05 and RBE 103/2017]
Transfer Travelling allowance shall not be drawn under this rule by railway servant
on transfer from one station to another unless he is transferred in public interest and
is entitled to pay during the period occupied by the journey. A transfer at his own
request shall not be treated as transfer in public interest unless the authority
sanctioning the transfer for special reasons, which should be recorded, otherwise
directs.
(i) The Composite Transfer Grant shall be paid at the rate of 80% of the last
month’s basic pay in case of transfer involving a change of station located at a
distance of or more than 20 kms. from each other. Further, NPA shall not be
included as part of basic pay while determining entitlements for CTG.
(ii) In cases of transfer to stations which are at a distance of less than 20 kms.
from the old station and of transfer within the same city, one third of the
composite transfer grant will be admissible, provided a change of residence is
actually involved.
(iii) In cases where the transfer of husband and wife takes place within six
months, but after 60 days of the transfer of the spouse, fifty percent of the
transfer grant on transfer shall be allowed to the spouse transferred later. No
transfer grant shall be admissible to the spouse transferred later, in case both
the transfers are ordered within 60 days. The existing provisions shall
continue to be applicable in case of transfers after a period of six months or
more. Other rules precluding transfer grant in case of transfer at own request
or transfer other than in public interest, shall continue to apply unchanged in
their case.
These rates will further rise by 25% whenever DA increases by 50%. The claim
for reimbursement shall be admissible subject to the production of actual
receipts / vouchers by the railway servants.
Transportation of conveyance.
This allowance is admissible to non gazetted staff working from 22 hrs. To 6 hrs. For
this, 10 minutes weight age for each hour is reckoned for payment of NDA. The rate
of each weight age hour is fixed on the total of Pay &DA . As such whenever D.A. is
revised, the NDA rate is also revised on various classifications of cities. New rates
w.e.f. 01.09.08 for Continuous, Intensive & work shop staff is separate from EI
categories of staff . [Rly. Bd. L.No. PC-60/HW-2/3 of 07.07.62] & [39E/4-1 (EIV) dt.
27.8.63]
20. Cycle Maintenance Allowance [Rule 605 IREC II] [RBE 93/2017]
This allowance will not be admissible during journey time, leave, temporary
transfer and during holidays prefixed / suffixed to leave and joining time, w.e.f
01.07.17, rate of this allowance is 180/- P.M
Rate of this allowance will be increased by 25% whenever D.A. goes up to by 50%
automatically.
21. Over Time Allowance :-[Chapter 15 of IREC II & RBE 29/10; 72/11; 175/17]
Where a Railway servant is required to render extra hours of duty beyond the
rostered hours fixed in accordance with HOER or any other rules or beyond the
limits specified for different classes of Railway servant under HOER, he shall be
paid over time for such extra hours of work. The supervisory / managerial or
confidential staff are not entitled for this allowance. Staff working in workshops,
Printing Press & Sheds are not entitled for the over time. However they can be
sanctioned this allowance with the permission of General manager for the actual
time for which they are called upon to work in excess of the normal working
hours or for holidays and Sunday when they are called upon to work on such
days . Rate of Over Time Allowance is as under:-
(1) Above roster Hours but up to statuary limits 1 V2 of the ordinary rate
(2) Above statuary limits Double the ordinary rate
(A) Rly. Servant governed with factory Act.1) Pay in the pay matrix 2) DA 3)
TPA 4) HRA 5) Other monetary equivalents allowed to staff like provision
or other things etc.
(B) Railway servants who are governed by HOER:-All emoluments indicated in
(A) above except HRA.
(C) Other Rly. employees governed under Departmental orders :-1) Pay 2)
DA
Revised rates of O.T. was effective from 01.09.08 vide RBE 29/10 but it is
modified and decided vide RBE 72/11 to revise the date of effect of OTA as
01.01.2006. It is however, clarified that the basic pay and DA element for the
purpose of OTA shall be revised w.e.f 01.01.2006 and other elements constituting
emoluments for the purpose of OTA viz HRA and transport allowance etc. shall
be taken into account at revised rates w.e.f. 01.09.08.
22. Deputation Duty Allowance :- [Rule 2023 of IREC II & RBE 202/2017]
(1) When posted on the same station on deputation he will be paid at the rate of
5% of the basic pay subject to max. 4500/-p.m..
(2) In all other cases 10% of the basic pay subject to max. 9000/-p.m.
The non gazetted staff booked on duty on National Holiday may be granted this
allowance on the following condition -
(i) The cash compensation is payable even when an employee is on rest. It is not
necessary that his rest should be abrogated to be eligible for the cash
compensation.
(ii) The shift duty staff who work round - the - clock and might have performed
part duty on the holiday in question can be paid the National holiday
Allowance at the full prescribed rates.
(iii) The cash compensation is meant only for those who do not enjoy public
holiday and are also required to work on the National Holidays.
(iv) The monetary compensation will also be payable on the day of rest, when
running staff are on waiting duty or light duty and the National Holiday fall
on the same day.
(v) NHA shall be made applicable for 50% of the gangs in turn rather than giving
compensatory rest in lieu of NHA
(vi) The open line staff booked on line duty on National Holiday are also eligible
for NHA.
(vii) NHA provision are not applicable to Gazetted Officer .
The rates of this allowance will be increased by 25% whenever D.A. goes up by 50%
These rates shall increase by 25 per cent whenever the Dearness Allowance payable
on the revised pay structure goes up by 50 per cent.
The officers of organized group 'A' Railway service posted in Railway Board on
particular posts are entitled for the payment of Railway Board Tenure Allowance on
the following terms and conditions :-
(i) The officers of Organized Group 'A' Railway Services as well as the Officers of
the non-Railway Organized group 'A' service posted in the Railway Board's
office as Deputy Directors/Joint Directors /Directors will be subjected to a
prescribed tenure, on the expiry of which they will be reverted to field posts
in Zonal Railways/ Production Units/ Construction Organizations etc.
(ii) Officers belonging to organized Group 'A' Railway Services posted in Railway
Board's office as Dy. Directors/Joint Directors/ Directors will be paid
Railway Board Tenure Allowance at the rate of10% of their basic pay, subject
to a ceiling of Rs. 9000.
(iii) The allowance will not be paid beyond the normal tenure of 3 years for Dy.
Directors, 4 years for Joint Directors and 5 years for Directors.
(iv) No allowance will be admissible to the officers of the Services posted as
Executive Directors and above in the Railway Board's office.
(v) This allowance shall not be admissible to those Dy. Directors/Joint
Directors/Directors who are given extension or re-employment after
superannuation.
(vi) In cases where the tenure posting is to a post with a lower grade pay, the
officer going to such a post will draw the grade pay attached to the tenure
post without any change in the band pay that was being drawn in the post
being held before such tenure posting.
Children education allowance & reimbursement of Tuition Fee which were hitherto
payable separately have been merged & is now known as "Children Education
Allowance Scheme"
Note :-
A. No recovery need to be made from Rly. employees where CEA has been
paid in respect of any two children other than eldest two surviving children
prior to 10.06.09.[RB. L.No. E(W)2012/ED-2/1 dt. 11.04.12]
B. CEA is payable for the children of all central govt. employees including
citizens of Nepal & Bhutan, who are employees of Govt. of India, and whose
children are studying in the native palace.[RBE 55/13]
(b). The amount fixed for reimbursement of Hostel Subsidy will be Rs. 6750/-
pm. The allowance will be double for differently abled children[RBE
147/17]
(c). The above limits would be automatically raised by 25% every time DA on
the revised pay structure goes up by 50%. The allowance will be double
for differently abled children. Any enhancement in the ceiling of
reimbursement per annum shall be applicable on pro-rata basis.[RBE
147/17]
(7) Reimbursement will be done just once a year, after completion of the financial
year [RBE 147/17]
(8) In case both husband and wife are Govt. servants, only one of them can avail
reimbursement under Children Education Allowance. The claimant govt.
servant is required to furnish an under taking that reimbursement of CEA
has not been claimed in respect of the child by any person other than the
claimant.[RBE 58/13]
(9) The reimbursement of CEA beyond two children in case of failure of
sterilization operation, is admissible only for the first child born after failure
of sterilization operation.[RBE 132/11, 45/12 & 55/13]
(10) Hostel subsidy is reimbursable for keeping children in hostel of a residential
school beyond a distance of 50 KMs away from the station employee is posted
/ or residing, irrespective of any transfer liability. For this purpose station
would be demarcated by the first three digits of the PIN Code of the area
where the govt. servant is posted and /or residing.[RBE 198/09;25/11,93/12
& 5/13]
(11) No Hostel subsidy will be reimbursed if the child is staying in a hostel which
is not a part of a residential school where he is studying [RBE 55/13]
(12) The certificate should confirm that the child studied in the school during the
previous academic year. For Hostel Subsidy, a similar certificate from the
head of institution will suffice, with the additional requirement that the
certificate should mention the amount of expenditure incurred by the
government servant towards lodging and boarding in the residential
complex. The amount of expenditure mentioned, or the ceiling as mentioned
above, whichever is lower, shall be paid to the employee. [RBE 147/17]
(13) E-Receipts produced by Railway employees as a proof of payment of fee, etc.,
may be treated as original [RBE No.118/2016]
(14) Children education allowance / hostel subsidy shall be admissible till the end
of the academic year in which govt. servant ceases to be in service due to
retirement, discharge, dismissal or removal from service in the course of an
academic year. [RBE 25/11]In case of death of a Rly. employee during
academic year CEA/HS shall be payable to the eligible children till such time
the employee would have actually received the same if wife/husband of the
deceased is not in govt. service.[RBE 25/11]
(15) Upper age limit for disabled children has been set at the age of 22 yrs. & for
other children will be 20 yrs. Or till the passing of 12th class, whichever is
earlier, for payment of children education allowance.[RBE 25/11 & 55/13]
27. Special Allowance for child care for women with disabilities :-[RBE 150/08]
Consequent upon the decision taken by the Govt. on the recommendations made by
the Sixth Central Pay Commission for providing extra benefits to women employees
with disabilities especially when they have young children and children with
disability, the president is pleased to issue the following instructions :-
(i) Women with disabilities shall be paid Rs.3,000/- per month as Special
Allowance for Child care. The allowance shall be payable from the time of the
child’s birth till the child is two years old. [RBE No. 190/2017]
(ii) It shall be payable for a maximum of two eldest surviving children. [RBE No.
190/2017]
(iii) Disability means a person having a minimum Disability of 40% as elaborated
in Ministry of Welfare's Notification No. 16-18/97-NI.I dated 1.6.2001.
(iv) The above limit would be automatically raised by 25% every time the
Dearness Allowance on the revised pay structure goes up by 50%.
(v) In case of multiple births at the time of first child birth, the women employee
shall not be entitled to this allowance at the double the rates for multiple
births.[RBE 18/12 & 55/13]
(vi) Grant of special allowance for child care for women with disabilities is
admissible for two years from the birth of the child so long as the women
employee does not have more than two surviving children. [RBE 18/12 &
55/13]
(3) Special Duty Allowance will not be admissible along with Tough Location
Allowance, Employees will have the additional option to avail of the benefit
of Special Compensatory (Remote Locality) Allowance as per 6th Central Pay
Commission rates along with Special Duty Allowance at revised rates.
(4) Special Duty Allowance shall not be admissible during the periods of
leave/training/tour etc. beyond full calendar month(s), in case, the employee
is outside the North Eastern Region and Ladakh during leave/training/tour
etc. The allowance shall not be admissible during suspension and joining
time.
(i) Staff working in Production control organization has been allowed P.C.O.
allowance as under w.e.f.01.07.2017:
(ii) Section Engineers and Sr. Section Engineers in level 7 in the Pay Matrix [VII
CPC] 6% of Basic Pay
(iii) Non-supervisory staff and Jr. Engineers up to level 6 in the Pay Matrix [VII
CPC] 12% of Basic Pay
(iv) All other terms and conditions envisaged in Board’s letter Nos. PC-
IV/86/SP/1 dated 16.10.1989, PC-IV/89/SP/2 dated 28.03.1990 and PC-
IV/89/SP/2 dated 31.05.1991 shall remain unchanged.
(v) The PCO Allowance will not be reckoned for any benefit such as DA, HRA,
CCA, pension, gratuity and fixation of pay on promotion.
(1) The faculty members, both gazetted and non -gazetted who are drawn on
deputation from the field for the various training centers recogonised by the
Rly. Board and whose duty is to impart training to the trainees may be
granted training allowance as under:
(i) In the National/Central Training Academies and Institutes for Group ‘A’
officers - 24% of Basic Pay
(ii) In other Training Establishments - 12% of Basic Pay
(2) It will be admissible only to the employees who join the training
establishments for a specified period of time and are then likely to go back. It
will not be admissible to those employees who are directly recruited by such
training establishments for imparting training.
(3) Training Allowance will be admissible to the faculty members without any
ceiling of 5 years and standard cooling off period between tenures will apply.
Risk and Hardship Allowance to Track Maintainers –I, II, III & IV of Indian
Railways as per cell R3H2 [Rs.2700 for Level 8 and below and Rs.3400 for Level 9
and above] of Risk and Hardship Matrix
33. Special Level Crossing (LC) Gate Allowance to Track Maintainers [RBE
No.110 /2017]
Special Level Crossing (LC) Gate Allowance to Track Maintainers deployed for
manning any of the Engineering Gates, to be paid as per cell R3H3 of the Risk
and Hardship Matrix. The rate of this allowance will be Rs.1000/- per month
upto level 8 in pay Matrix ( VII CXPC) and Rs.1200/- per month for level 9 and
above in Pay Matrix w.e.f.01.07.2017
The rate of this allowance will further increase by 25 per cent each time DA rises
by 50 per cent.
(i) “whether eligible for OPD facility for other than chronic diseases – YES/NO”
(ii) “whether eligible for OPD facility for chronic diseases – YES/NO” [Eligible
for FMA]
*Any disease which persists for a period of approximately three months or more is
defined as a chronic disease. List of Chronic diseases circulated under CMD’s letter
No. MD/P/438/RELHS/Vol.8: dated 28.09.2005 is as under:
LEAVE RULES
IREC Vol.-I
Rule 501 to 557
Railway servants are entitled for different kinds of leave which is governed by the
Railway Servant (Liberalised Leave) Rules-1949. Extent of application[Rule 502]
These rules shall apply to (i) Railway Servants appointed on or after 01.02.1949 (ii)
Railway Servants appointed prior to 01.02.1949 who have elect to be governed by
these rules. (iii) Others who are brought under these rules by special order.
Except as provided in rule 541 and this rule, any claim to leave to the credit of a
railway servant, who is dismissed or removed or who resigns from railway service
ceases from the date of such dismissal or removal or resignation.
Break in Service due to strike - Strikes may be divided into two categories:-
(a) Legal strikes, i.e. those which have been called after complying with the
provisions of the Industrial Disputes Act, 1947 and
(b) Illegal strikes, i.e. those in which the preliminaries to the calling of a legal
strike have not been observed
Strike falling under (a) above do not constitute a break in service and it would be
appropriate for the Railway Administrations to treat the period of absence as leave
with or without allowances as the case may be without reference to the Railway
Board.
It shall not be open to alter the kind of leave applied by employee. It can be altered at
the written request of employee within 30 days from the date employee joins
duty.[RBE 29/98]
Leave ordinarily begins on the day on which transfer of charge is effected and ends
on the day preceding that in which charge is resumed.
Except as proved otherwise under leave rule any kind of leave may be granted in
combination with any other kind of leave.
When the date immediately preceding the day on which a railway servant's leave
begins or immediately following the day on which his leave expires is a holiday or
one of a series of holidays, the railway servant may leave his station at the close of
the day before, or return to it on the day following such holidays.
A Railway servant on leave may not take any service or accept any employment
without obtaining the previous sanction of -
(a) the President if the proposed service or employment is outside India; and
(b) the authority empowered to appoint him, if in India.
No Railway servant shall be granted leave of any kind for a continuous period
exceeding five years.
Unless the President, in view of the exceptional circumstances of the case otherwise
determines, a Railway servant who remains absent from duty for a continuous
period exceeding five years other than on foreign service, with or without leave,
shall be deemed to have resigned from the Railway Service;
Provided that a reasonable opportunity to explain the reason for such absence shall
be given to that Railway servant before provisions of Sub-Rule (2) are invoked.
Railway Ministry’s Decisions:-
(1) In the case of all Group “C” including erstwhile Group “D” railway
employees, the power to grant the leave beyond maximum period of 5 years
is delegated to concerned GMs. However, the leave should be sanctioned only
with financial concurrence of FA&CAO and personal recommendation of
CPO with the rider this power shall not be delegated further down below.
(2) The power be exercised in rare and exceptional cases only, for which a
speaking order clearly bringing out the circumstances as to why it is being
proposed are brought out.
(3) In case of other Groups, the existing provisions will continue.
An application for leave or for extension of leave shall be made to the authority
competent to grant such leave or extension in the prescribed form.
In case where all applications for leave cannot, in the interest of the public service, be
granted, an authority competent to grant should, in deciding which applications
should be granted, take into account the following considerations :-
a. The railway servants who can, for the time being best be spared.
b. The amount of leave due to the various applicants.
c. The amount and character of the service rendered by each applicant since he
last returned from leave.
d. The fact that any such applicant was compulsorily recalled from his last leave
e. The fact that any such applicant has been refused leave in the public interest.
A leave account shall be maintained in the prescribed forms for each railway servant
by the Accounts Officer in the case of Group A and Group B railway servants and by
the head of the office or an officer authorized by him in the case of Group C and
Group D railway servants.
The amount of leave due to a railway servant is the balance leave at his credit in the
leave account. No leave shall be granted to a railway servant until a report regarding
its admissibility has been obtained from the authority maintaining the leave account.
In case a Railways servant is recalled to duty before the expiry of his leave, such
recall to duty shall be treated as compulsory in all cases and the railway servant shall
be entitled :-
b. If the leave from which he is recalled is out of India, to count the time spent
on the voyage to India as due for purpose of calculating leave, and to receive -
(i) leave salary, during the voyage to India and for the period from the date of
landing in India to the date of joining the post at the same rate at which he
would have drawn it but for recall to duty;
(ii) a free passage to India
(iii) refund of his passage from India if he has not completed half the period of
his leave by the date of leaving for India on recall, or three months,
whichever is shorter;
(iv) duty pass and travelling allowance, under the rules for the time being in
force for travel from the place of duty.
1) A railway servant on leave shall not return to duty before the expiry of the
period of leave granted to him, unless he is permitted to do so by the
authority which granted him leave.
2) Notwithstanding anything contained in sub-rule (1), railway servant on leave
preparatory to retirement shall be precluded from returning to duty save with
the consent of the authority competent to appoint him to the post from which
he proceeded on leave preparatory to retirement.
3) A railway servant who has taken leave on medical certificate may not return
to duty until he has produced a medical certificate of fitness from the
appropriate Medical authority.
4) A railway servant returning from leave is not entitled, in the absence of
specific orders to that effect, to resume as a matter of course, the post which
he held before going on leave.
5) Such railway servant shall report his return to duty to the authority which
granted him leave, if any specified in the order granting him the leave and
await orders.
1) Unless the authority competent to grant leave extends the leave, a railway
servant who remains absent after the end of leave is entitled to no leave salary
for the period of such absence and that period shall be debited against his
leave account as though it were leave on half average pay, to the extent such
leave is due, the period in excess of such leave due being treated as
extraordinary leave.
2) Willful absence from duty after the expiry of leave renders a railway servant
liable to disciplinary action.
1) Medical Officers shall not recommend grant of leave in any case in which
there appears to be no prospect that the railway servant concerned will ever
be fit to reassume his duties. In such cases the opinion that the railway
servant is permanently unfit for railway service should be recorded in the
Medical certificate. A railway servant in Group A or Group B should not be
invalidated out of service on account of ill health except on the certificate of a
Medical Board.
2) Every certificate of a Medical Officer recommending the grant of leave to a
railway servant must contain a proviso that no recommendation contained in
it shall be evidence or a claim to any leave not admissible to the railway
servant under the terms of his contract or the rules to which he is subject. The
certificate should be forwarded to the authority competent to grant the leave
and the orders of that authority should be awaited.
Grant of leave on Medical certificate to Group A and Group B Officers [Rule 520]
Where a Railway employee remained on medical leave upto and including 3 days
duration and reported back for duty with a fitness from the medical practitioner, he
may be allowed to join duty without obtaining fitness certificate from the Railway
Medical Officer subject to the conditions that the employee furnished a declaration
that he had not suffered during this period from any eye disease. In the other cases
where the duration of the sickness is more than 3 days, the railway employee should
be put back to duty within 24 hours on his producing fitness certificate from a
private medical practitioner, provided he is found fit by the competent railway
medical officer, in case there is any delay beyond 24 hours in obtaining the fitness
certificate from the competent Railway Medical Officer, the employee concerned will
be deemed to have been put back to duty within 24 hours of his producing the
medical certificate of the private medical officer.[RB L.No. E(G) 78LE 1-17 dt
18.1.1979]
With a view to preventing misuse, the Railway Administration may with draw for
specified periods(From 1st April to 30th June in Summer, from 1st Oct. to 15th
November during Diwali and when mass sick reporting is contemplated by staff of
any department) the privilege of acceptance of medical certificate from Registered
Medical Practitioners for grant of Medical Certificates to Group "C" and Group "D"
Railway servants. [RB L.No. E(G) 72LE 1-11 dt 28.9.1972]
Leave to a railway servant who is unlikely to be fit to return to duty [Rule 522]
When a medical authority has reported that there is not reasonable prospect that the
railway servant will ever be fit to return to duty, leave shall not necessarily be
refused to such Railway servant but as per the laid down terms and conditions.
Railway Servant shall be entitled to 30 days leave on average pay in a calendar year.
It shall be credited in advance. It is credited in 2 installments of 15 days each on the
1st January and 1st July of every calendar year.
The maximum leave can be accumulated up to 300 days wef 01.07.1997. [RBE
No. 155,157/97]
The following procedure for crediting LAP on 1st Jan / 1st July w.e.f. 01.07.1997 in
respect of Railway employees have been adopted :-
(i) In case of Railway employees, having at their credit leave on Average pay of
285 days or less as on 1st January / 1st July of a year, LAP of 15 days or
proportionately less in respect of retiring persons or those leaving service
during the next half year may continue to be credited to their leave account in
advance.
(ii) In cases where the leave on Average Pay at credit as on 1st January / 1st July
is 300 days or less but more than 285 days, credit of LAP for 15 days may be
kept separately and first adjusted against any LAP that the Railway servant
may take during the ensuing half year and the balance, if any, credited to the
LAP account at the close of the half year subject to the ceiling of 300 days. If
the LAP taken during the half year is more than 15 days the amount in excess
Shall be credited at the rate of 2% days for each completed months. Maximum leave
may be granted 180 days at a time. If employee is on EOL/LWOP/Absent from duty
during previous half year, the credit of next half year shall be reduced by 1/10 of the
period of such absent/EOL subject to maximum 15 days in one half of the year.
While affording credit of LAP fraction of day shall be rounded off to the nearest day.
[RBE No. 24/97] Concession to Railway servants on the North-East Frontier Railway
Once in a calendar year, the staff proceeding on leave on average pay to or via-
Calcutta, Lucknow or Patna will be granted additional leave, not debitable to their
leave account on the following scale :-[RB L.No. E(G) 58AD-I dt 15.02.1958]
Leave on average pay applicable to School staff [Rule 525, RBE 57/11]
1)
a. A Railway servant serving in a Railway school such as a teacher, principal,
headmaster, librarian, laboratory assistant or a waterman shall not be entitled
to any Leave on Average Pay in respect of duty performed in any year in
which he avails the full vacation.
b. In respect of any year in which a Railway servant avails a portion of the
vacation, he shall be entitled to Leave on Average Pay in such proportion of
30 days, as the number of days of vacation not taken bears to the full vacation.
Provided that no such leave shall be admissible to a Railway servant not in
permanent employ or quasi-permanent employ in respect of the first year of
his service.
c. If, in any year, the Railway servant does not avail any vacation, Leave on
Average Pay shall be admissible to him in respect of that year under Rule 523.
Explanation: For the purpose of this rule, the term 'year' shall be construed not as
meaning a calendar year in which duty is performed but as meaning twelve
months of actual duty in a Railway School.
more than fifteen days of the vacation, he shall be considered to have availed
himself of no portion of the vacation.
Note 2 - When a Railway servant serving in a Railway school proceeds on leave
before completing a full year of duty, the leave on Average Pay admissible to
him/her shall be calculated not with reference to the vacations which fall during
the period of actual duty rendered before proceeding on leave but with reference
to the vacation that falls during the year commencing from the date on which he
completed the previous year of duty.
3) The Leave on Average Pay under this rule at the credit of a Railway servant at
the close of the previous half year shall be carried forward to the next half
year, subject to the condition that the leave so carried forward plus the credit
for the half year shall not exceed the maximum limit of 300 days.
Note:- The facility of crediting of un-availed portion of joining time shall be
admissible to persons serving in Railway Schools, in accordance with the
provisions of Rule 1110.
4) A Railway servant serving in a school shall be entitled to LAP under & subject
to provisions of rules in respect of the vacation or a portion thereof not
availed /foregone for undertaking scout & guides activities. [RBE 146/06]
6) In continuation of RBE No. 46/09, Railway Board has further clarified that :-
[RBE 175/09]
(i) This facility of 20 days LHAP to Railway school staff has been given in lieu
of 10 days LAP admissible to them earlier. Hence for the period from
1.9.2008 to 31.12.2008, leave on half average pay calculated at the rate of
5/3 days for each completed month of service rounded off to 7days may be
credited. From 1.1.2009 onwards, 10 days, LHAP shall be credited in
advance on the1st Jan. and 1st July each year as in the case of other
categories of railway employee. Proportionate LAP for the broken period of
the year upto 31.08.2008 may be allowed at the rate 5/6 days for each
completed month of service
(ii) The LAP standing at the credit of Railway School employees as on
01.09.2008, shall be kept in their leave account and may be granted as LAP
as also for the purpose of encashment which is admissible to these
categories suo-moto in accordance with the provisions of Rules 541, 549 &
550of IREC Vol. I 1985 Edition as admissible to other railway servants
subject to fulfillment of the prescribed conditions.
(iii) The LAP credited to these staff on 1st July 2008 and availed by the school
staff before the Railway Board order dated 06.03.2009 (RBE No. 46/09)
regarding restoration of half pay leave shall be treated as LAP.
It can be granted to Railway Servants including Railway school staff, on half average
pay. It shall be credited in leave account in 2 installments 10 days each of the half-
year on 1st January and 1st July in advance. The amount of LHAP can be availed in
one spell combined with any other kind of leave or not, shall be limited to 24
months. This leave may be granted on Medical Certificate or private affairs or at the
request of employee. It can be accumulated in Leave Account unlimited.[RBE 207/92
& 57/11]
If an employee remain absent or under suspension and the period is treated as "No
work" (without pay) than 1/18 of that number of days will be deducted from
earning of LHAP.[RBE 41/88]
Commuted leave not exceeding half the amount of leave on half average pay due
may be granted on Medical Certificate to Railway Servants. If authority competent to
grant such leave is satisfied that there is reasonable prospect of the Railway Servant
returning to duty on its expiry. Twice the amount of such leave shall be debited
against leave on half average pay. No limit to the number of days of commuted leave
to be availed during entire service. 180 days shall be allowed to be commuted during
the entire service, in case (LHAP) only utilized for approved course of study and is
certified to be in the Public interest by the leave sanctioning Authority.
Where commuted leave has been sanctioned and employee retires/resigns from
service without returning to duty, the commuted leave shall be treated as half
average pay and the difference between the leave salary be recovered. Provided that
retirement is thrust upon employee compulsorily and due to ill health no leave
salary shall be recovered. Commuted leave may be granted at the request of
employee even LAP is due to him. There is no limit to the number of days of
commuted leave to be availed of during the entire service.
Leave Not due during the entire service shall be limited to 360 days on Medical
Certificate, out of which not more than 90 days at a time and 180 days in all in one
spell. Leave not due shall be debited against LHAP account and is likely to be earned
subsequently. Where Railway Servant who has been granted leave not due resign or
retire voluntarily from service without returning to duty, leave salary be recovered
considering resignation or retirement is taking effect from the date such leave had
commenced. If employee's retirement is compulsorily thrust upon him by reason of
ill health and incapacitated Railway Servant for further service, no leave salary shall
be recovered. [RBE No. 30/89]
Leave not due shall be granted to temporary Railway Servant who has put in
minimum one year service and suffering from TB, Cancer, Leprosy etc. for 360 days
during entire service. [Rule 529]
Probationers in Railway shall be entitled to leave under these rules as if he had held
his post substantively otherwise than on probation.
One month leave on full stipend may be granted in any year of apprenticeship. More
than one months leave can be granted on the grounds of ill health but without
stipend.
12 days on full stipend and 15 days leave on half stipend on medical certificate may
be granted in any year of apprenticeship.
Apprentices under training for Group C posts in all other departments who are
posted to supervisory posts after training such as Apprentice Train Examiners,
Apprentice Permanent Way Inspectors, Stores apprentices etc. may be granted leave
like Apprentice Mechanics mentioned in rule 533. Apprentices who are appointed as
skilled workmen after training may be granted leave like trade apprentices
mentioned in rule 534.
Apprentices, other than special class apprentices, may be granted by the General
Manager extraordinary leave (without stipend) under the rules applicable to
temporary railway servants. The General Manager may re-delegate his powers
under this rule to the Heads of Departments and officers in not below Junior
Administrative grade.
Workshop staff may be allowed to take leave with pay, if due, or without pay for
period not less than half a day. The concession is restricted to six occasions in a year.
Encashment of leave on Average Pay along with Railway Pass / PTO while in
service :-
3) the total leave so encashed during the entire career shall not exceed 60 days in
the aggregate subject to the condition that successive encashment cannot be
made before a minimum period of two years has elapsed;
With respect to the period of two years for the purpose of successive
encashment of LAP shall be w.r.t. a two year block, the first one commencing
from 01.09.2008 and ending on 31.08.2010 w.r.t. to the outward journey
performed. The next block would commence from 01.09.2010 and end on
31.08.2012 and successive blocks, would follow similar pattern.[RBE 15/2011]
I.
1) Leave shall not be granted on termination of employment to a railway servant
who has been dismissed or removed from service or whose services have
been terminated under the 'Railway Services (Safeguarding of National
Security) Rules, 1954'
2) Apprentices will continue to be governed by the rules applicable to them and
leave on termination of appointment will not be admissible to them. Likewise,
persons whose services are lent by commercial concerns or semi-Government
organizations on terms which include payment of leave salary contribution,
cannot be granted such leave.
The leave salary payable under these rules shall be drawn in rupees in India.
A Railway Servant who proceeds on commuted leave is entitled to leave salary equal
to pay drawn immediately before proceeding on LAP. On half average pay or LND
is entitled to leave salary equal to half the amount as detailed above. On extra
ordinary leave he will not be entitled to any leave salary. [Rule 544]
1) Leave salary of workshop staff on leave on average pay shall be equal to the
pay which the railway servant would have drawn had he remained on duty
but does not include any increase which might have accrued to him during
the currency of the leave.
2) Leave salary during half average pay leave shall be equal to one half of the
leave salary in sub-rule (1) above and on commuted leave, twice the leave
salary as admissible of leave on half average pay.
1) In the case of permanent running staff the leave salary on leave on average
pay for the first 60 days shall be at the substantive pay or on average pay,
whichever is greater, and thereafter at substantive pay.
2) In the case of temporary running staff the leave salary shall be on average pay
upto 60 days and beyond 60 days at average pay or the pay the staff would
have drawn had he remained on duty, whichever is less.
3) Leave salary during leave on half average pay and commuted leave shall be
calculated as in sub-rule (2) of rule 545.
Special pay granted to different categories of staff shall be taken into account for the
purpose of calculation of average pay.
In case a railway servant dies while in service the cash equivalent of the leave salary
that the deceased employee would have got had he gone on leave on average pay
that would have been due and admissible to him but for the death on the date
immediately following the date of death and in any case not exceeding leave salary
for 300 days, shall be paid to his/her family, without any reduction on account of
pension equivalent of Death-cum-Retirement Gratuity.
Cash payment in lieu of unutilized leave on average pay on the date of retirement
[Rule 550]
All Railway Servant who retired on or after 30.09.1977 may be paid equivalent to
leave salary for leave on average pay at their credit at the time of retirement. It shall
be limited to maximum of 240 days LAP upto 30.06.1997 which has been raised to
300 days from the existing ceiling of 240 days w.e.f 01.07.1997. It may be paid as one
time lump sum payment on settlement. Authority competent to grant leave shall
suo-moto issue order for granting LAP at credit on the day of retirement. In case of
compulsory retirement under D&AR and even if a cut in pension (including
gratuity) has been ordered. In such cases authority competent to grant leave can
sanction cash equivalent of leave salary. A Railway Servant who resigns or quits
service shall be entitled to cash equivalent in respect of half the LAP at credit on the
day on cessation of service to the extent maximum of 150 days.[RBE 157/97 & 29/06]
Both Earned Leave & Half Pay Leave shall be considered for encashment of leave
subject to overall limit of 300 days. The cash equivalent payable for Earned Leave
shall continue unchanged. However, cash equivalent payable for Half Pay Leave
shall be equal to Leave Salary as admissible for half pay plus DA admissible on the
leave salary without any deduction being made on account of pension and pension
equivalent of other retirement benefits payable to make up the shortfall in Earned
leave, no commutation of LHAP shall be permissible. The benefit will be admissible
in respect of (cases between01.01.06 to 02.09.08) on receipts of application to that
effect from the pensioners concerned by the Administration Ministry concerned.
[RBE 148, 104/09 & 204/09]
(IV) Clause (A) of Rule 551 may be substituted with the following: –
Note:- The Paternity Leave shall not normally be refused under any
circumstances. [RBE No.57/11-SCR SC No.60/11]
Paternity Leave to male casual Railway employee who has been granted
temporary status[Rule 551/B]
A male casual Railway employee who has been granted temporary status with less
than two surviving children may be granted Paternity Leave for a period of 15 days
during the confinement period of his wife. The leave should be applied for and
availed of, at least partly, or at least commence within a period of 135 days of
childbirth. The Paternity leave can commence prior to childbirth so long as the date
of birth of child falls during the period of such leave. It shall not be debited against
the leave account and may be combined with pro-rata leave on average pay
admissible to the casual Railway employees (as in the case of Maternity Leave).
Paternity Leave too, like Maternity Leave, can be sanctioned only in a single spell.
During the period of such leave he shall be paid wages, in respect of working days
equal to the wages drawn immediately before proceeding on leave. [RBE No
110/99]
Adoptive mother may also be granted leave even without production of medical
certificate as leave due and admissible not exceeding one year but this facility will
not be available to adoptive mother having two children. The maximum admissible
period of one year leave of the kind due will be reduced by the age of child as
under:- [RBE 62/06 & 207/92]
a. If child is less than one month, leave upto one year may be allowed.
b. If child is six months old, the leave upto 6 months may be allowed.
c. If child is nine months or more, leave upto 3 months may be granted.
In this connection, it is further clarified that an adoptive mother on the railways with
less than two surviving children may granted leave of 180 days 'CAL' on adoption of
a child up to one year of age on the lines of maternity leave admissible to natural
mothers. This leave may be combined with leave of any other kind. [RBE 166/09]
(VI) A new para as 551(E) –Child Care Leave may be inserted below Rule 551 (D)
as follows: –
1) A woman railway servant having minor children below the age of eighteen
years (upto the age of 22 years in case of disabled children) may be granted
Child Care Leave by an authority competent to grant leave, for a maximum
period of two years (i.e. 730 days) during the entire service for taking care of
upto two children, whether for rearing or to look after any of their needs like
examination, sickness etc.
2) During the period of Child Care Leave, she shall be paid leave salary equal to
the pay drawn immediately before proceeding on leave. [RBE No.57/11-SCR
SC No.60/11]
3) Child Care Leave may be combined with leave of any other kind.
4) Notwithstanding the requirement of production of medical certificate
contained in Rule 527 or sub-rule (1) (ii) of Rule 528, leave of the kind due and
admissible (including commuted leave not exceeding 60 days and leave not
due) upto a maximum of one year, if applied for, be granted in continuation
with child care leave granted under sub-rule (1).
5) Child Care Leave shall not be granted in more than 3 spells in a calendar year
with each spell of Child Care Leave being not less than 15 days.
6) Child Care Leave shall be admissible for the two eldest surviving children
only.
7) Child Care Leave cannot be demanded as a matter of right. Under no
circumstances can any employee proceed on Child Care Leave without prior
proper approval of the leave by the leave sanctioning authority.
8) The Child Care Leave is to be treated like Leave on Average Pay and
sanctioned as such.
9) Child Care Leave should not ordinarily be granted during the probation
period except in case of certain extreme situations where the leave sanctioning
authority is fully satisfied about the need of Child Care Leave to the
probationer. It may also be ensured that the period for which this leave is
sanctioned during probation is minimal.
10) Child Care Leave shall not be debited against the leave account.
Note 1: The leave account for Child Care Leave shall be maintained in the
following format and shall be kept along with the Service Book of the female
Railway servant concerned:
The provisions of rule 552 shall apply also to a railway servant, whether permanent
or temporary, who is disabled by injury accident incurred in , or in consequence of
due performance of his official duties or in consequence of his official position, or by
illness incurred in the performance of any particular duty which has the effect of
increasing his liability to illness or injury beyond the ordinary risk attaching to the
post which he holds.
Competent authority may consider to grant of Hospital leave under the provisions of
Rule 552 & 553 to kidnapped Railway employee for the period subjected to physical
/ mental torture. [RBE 134/2002]
In continuation of RBE No. 134/02, it has been clarified by the Railway Board that
the leave to be granted by the competent authority under the provisions contained in
Rule 552 & 553, is for treatment of the kidnapped Railway employee subject to
physical / mental stress and not for the duration he remained captive. [RBE No.
176/02]
This leave is granted to Group "C" and Group "D" staff only while under medical
treatment for illness or injuries if such illness or injury is directly due to risk incurred
in the course of official duties. This is granted on production of medical certificate
from authorized medical attendant. For 1st120 days, salary equal to leave on average
pay is payable and for remaining period, salary equal to leave on half average pay is
payable.
It may be combined with any other kind of leave but shall not exceed 28 months
after combination. Salary during hospital leave shall be reduced from the amount of
compensation payable under Sec. 4(1) WC Act.
Leave salary during Hospital leave for more than 120 days can be paid equal to LAP
with the recommendation of CMS, concurrence by Associate Account Officer and
sanction by JA Grade Officer. But post facto approval of GM will have to be
obtained.
Study Leave
It is granted 12 months at a time and during entire services not more than 24 months
in all.(inclusive of similar kind of leave for study or training granted under any other
rules) Study leave shall count as service for promotion, seniority, pension,
increments & shall be counted for earning both leave on
Average Pay & leave on Half Average Pay. [Rule 556 & RBE 01/11]
Doctors:
If PG course, for medicine and research, it is granted for 36 months, with the
personal approval of GM. Bond should be executed, that he would serve railway at
least 5 year after expiry of such leave. [RBE 138/98,157/07]
During study leave availed outside India, a Railway servant shall draw leave salary
equal to the pay (without allowances other than dearness allowance), in addition to
the study allowance and during study leave availed in India, a Railway servant shall
draw leave salary equal to the pay (without allowances other than dearness
allowance). [Appendix V of IREC I]
In terms of Rule 14 of the study leave Rules under Annexure-V of IREC Vol.-I, 1985
Edition, the study leave availed by those Railway servants who resign or retire from
service or otherwise quit service without returning to duty after a period of study
leave or within a period of three years after such return to duty or who fail to
complete the course of study and are thus unable to furnish the certificate as
required in sub-rule (5) of Rule 4 of the study leave Rules ibid, shall be converted
into regular leave standing at his credit on the date on which the study leave
commenced, any regular leave taken in continuation of study leave being suitably
adjusted for the purpose and the balance of the period of study leave, if any, which
cannot be so converted, treated as extraordinary leave and such of the period of
extraordinary leave shall not be counted as qualifying service for pensionary
benefits.[RBE 33/11; 06/12]
Special dispensation in the form of Special Casual Leave to Rly Employee with
disabilities
Casual Leave available for employees with disabilities should be 12 days as against 8
days for other employee, additional benefit of 4 days leave should be granted in
form of Special Casual Leave in a Calendar year. [RBE 201/08]
It is not admissible in the case of temporary transfer for a period not exceeding 180
days. [Rule 1102]
Actual transit time in the case of journey on transfer/tour shall only be allowed.
Joining Time shall commence from the date of relinquishment of charge of the old
post if the charge is made over in the(F/N) or the following date, if the charge is
made over in the (AN).[Rule 1103,1104 & 1105]
Joining time shall be calculated from old HQ in all cases including where a Railway
Servant receives his transfer order or makes over charge of the old post.[Rule 1106]
Not more than one day's joining time shall be allowed to a Railway Servant to join a
new post within the same station or which does not involve change of residence
from one station to another station, same station will be interpreted to mean the area
falling within the jurisdiction of the municipality or corporation including such of
suburban notified area. [Rule 1107]
In case of involving transfer from one station to another station and also involving
change of residence, the Joining time shall be allowed with reference to the distance
between the Old Headquarter and the New Headquarter by direct routes as
indicated in the following schedule. When holiday followed journey time the normal
joining time may be deemed to have been extended to cover such holidays.
[Rule 1108]
(In case of travel by air, the maximum will be 12 days) Extension of joining time
beyond the limit indicated above can be granted upto the maximum limit of 30 days
by the HOD and on Division by DRM and beyond 30 days by the Railway
Board.[Rule 1109] Crediting leave account with unutilized joining time
When a Railway Servant joins the new post without availing of the full joining time
the numbers of days of joining time as admissible under these rules subject to the
maximum of 15 days reduced by the number of days actually availed of, shall be
credited to his leave account as LAP. It will be credited subject to the usual
restrictions of accumulation of LAP in the leave account. [Rule 1110 & RBE 55/13]
Joining time may be combined with vacation and / or regular leave of any kind and
/ or duration except casual leave. [Rule 1111 & RBE 55/13]
A railway servant on joining time shall be regarded as on duty during that period
and shall be entitled to be paid joining time equal to the pay which was drawn
before relinquishment of charge in the old post. He shall be entitled to DA, if any,
appropriate to the joining time pay, CCA, HRA as applicableto the old station from
which he was transferred, but not conveyance allowance or permanent travelling
allowance.[Rule 1113]
But temporary Central Govt. employees with less than 03 years of regular
continuous service, through entitled to joining time would not entitled to joining
time pay.[RBE 55/13]
On deputation outside Rlys. - When a railway servant to whom these rules apply, is
transferred to the control of Cent. Govt. / Defence services or organization, which
has made separate rules prescribing amount of joining time, his joining time for the
journey to join his post under that Govt./Organ., and for the return journey will be
governed by those rules, unless different provisions are expressly made in the terms
of deputation / foreign service by mutual agreement between the lending and
borrowing authorities.[Rule 1114]
As per the Ministry of Finance OM No. 3379-E.III (B)/65 dated the 17th June, 1965,
the resignation is treated as a technical formality where a Government servant has
applied through proper channel for a post in the same or some other Department,
and is on selection, required to resign the previous post for administrative reasons.
The resignation will be treated as technical resignation if these conditions are met,
even if the Government servant has not mentioned the word “Technical” while
submitting his resignation. The benefit of past service if otherwise admissible under
rules, may be given in such cases. Resignation in other cases including where
competent authority has not allowed the Government servant to forward the
application through proper channel will not be treated as a technical resignation and
benefit of past service will not be admissible. Also, no question of benefit of a
resignation being treated as a technical resignation arises in case of it being from a
post held on ad hoc basis.
This benefit is also admissible to Government servants who have applied before
joining the Government service and on that account the application was not routed
through proper channel. The benefit of past service is allowed in such cases subject
to the fulfilment of the following conditions:-
(i) In terms of Rule 9(2) of the CCS (Leave) Rules, 1972, technical resignation
shall not result in the lapse of leave to the credit of the Government servant.
The balance of unutilized Child Care Leave(CCL) as well as all other leaves of
the kind due & admissible will be carried forward.
Casual Leave is a leave admissible to Railway servants in all groups (i.e. A,B, C and
D) and is granted to enable them to attend sudden / unforeseen needs /
requirements. It is not recognised as leave or subject to any rule under the leave
rules applicable to the Railway servants. Therefore, a Railway servant on casual
leave is technically not treated as absent from duty and his pay is not intermitted.
Casual leave cannot be combined with any other kind of leave and joining time and
also cannot be combined with the vacation allowed for school staff.
Casual leave, however, must not be given so as to cause evasion of the rules
regarding:
a. date of reckoning of pay and allowances;
b. change of office;
c. commencement and end of leave; and
d. return to duty.
[Rule 236 & 507 of IREC -I & App. XXXI (IV) (2) of IREC-I 1974 Ed. & RBE No. 17/91]
(i) 08 days - To all Railway Servants who are eligible to avail of all Public
holidays or Workshop paid-holidays
(ii) 08 days - (a) Workshop staff (b) Railway servants in workshops not covered
by the term workshop staff and Railway servants in Printing Presses and
Stores Depots, who are getting 15 paid- holidays in a year
(iii) 08 days - DMOs and ADMOs
(iv) 08 days -Apprentice khalasis, under training in Workshops and other
Apprentices not governed by the Apprentices Act, Apprentices Mechanics
1961 attached to workshops and printing Presses, who are getting 15 paid-
holidays in a year.
(v) 08 days - Trade Apprentices governed by the Apprentices Act, 1961 working
in Establishments where proper leave rules do not exist or the total leave of
different types admissible to the workers is less than 37 days in a year. Rule 9
(1) (a) of Apprenticeship Rules 1962
(vi) 10 days To all Railway servants who, because of the nature of their duties are
not allowed to avail themselves of public holidays at all or are allowed to
avail themselves only of a few public holidays
(vii) 10 days Artisan staff other than workshop staff, provided they are not
covered by a collective option to convert casual leave into paid holidays
(viii) 10 days Casual Labourers who have attained temporary status and who are
being allowed to avail of 3 National Holidays like regular line staff
(ix) 10 days - Railway servants on the Northeast Frontier Railway described in
para 2 (ii) of Board's letter No. E(G) 83 AL 12/8 dated 23.07.1984[ RBE 44/98
& 70/04]
Note: Additional benefit of 4 days will be applicable in the form of special casual
leave, in a calendar year, to Railway employees with disability, for specific
requirements relating to the disability of the official. [RBE No. 201/08]
Note- 1 Casual leave for half-a-day either for the pre-lunch periods, casual leave may
be granted for half-a-day and if there is only one period of working on Saturday, the
leave should be for a full day.[RB.No.E(G)72LE21/41, Dt 10.04.73]
A Railway servant, who has taken casual leave for the half-a-day on the afternoon of
a working day and is unable to resume duty on the next working day due to
unexpected sickness or compelling grounds and he has no casual leave at his credit,
may, as an exception to the general rule, be permitted to combine half-a-day's casual
leave with regular leave. In no other situation can this facility be allowed [RB L. No.
E(G)65 LE29 dated 25.06.1966]
Half-a-day's should be debited to the casual leave account of the Railway servant
concerned for each late attendance. The practice of allowing the Railway Servants to
attend office late or leave early with permission has ceased with the introduction of
the facility of grant of casual leave for half-a-day. Late attendance up to an hour, on
not more than two occasions in a month however can be condoned by the competent
authority, if it is satisfied that the late attendance is due to unavoidable reasons, such
as illness in the family, cycle puncture, late running of buses/ trains etc. [No. E(G)65
LE 2/29 dated 06/11/1965]
Cases of Railway servants leaving office early before the time for closing of office,
without permission should also be treated like late attendance and half-a-day's
casual leave should be debited to the casual leave account of the railway servant(s)
concerned for each such early departure. [No. E(G)75 LE 1/17 dated 17/10/1975]
Casual leave for half-a-day may be granted in conjunction with casual leave for a full
day or full days. [ No. E(G)65 LE 2/29 dated 06/11/1965]
Workshop staff may be granted casual leave for half-a-day or for the full day on
Saturdays, depending upon the period of working i.e. if there are two periods of
working on Saturday and the absence is during either of the two periods, casual
leave may be granted for half-a-day and if there is only one period of working on a
Saturday, the leave should be for a full day.
Casual leave cannot also be combined with joining time. [Ref: Board's letter No.
E(G)79 JT 1-1 dated 21/02/1980]
If a Railway servant having no casual leave at his credit comes late without sufficient
justification and the competent authority is not prepared to condone the late
attendance and does not also at the same time propose to take action under the
Railway Servants (D&A) Rules, the Railway servant should be informed that he
would be treated as on unauthorised absence for the day on which he had come late.
It should be left to the Railway servant either to face the consequences of such
unauthorised absence or to apply for regular leave as may be due to him. These
instructions are, however, not applicable to Railway employees governed by the
provisions of Payment of Wages Act, 1936 and Industrial Disputes Act.[Ref: Board's
letter No. E(G)82 LE 1/10 dated 20/09/1982 and 14/03/1983]
A candidate who joins Railway service in the middle of the year is entitled to the full
quantum of casual leave. While there is no restriction to the grant of the full
quantum of casual leave to those joining service in the second half of the year, the
authority sanctioning the casual leave should take into account all the circumstances
before granting such leave. For example, it would be administratively inappropriate
to sanction 12 days/15 days/17 days casual leave to an employee, who has joined in
the middle of December i.e. on 16th December.[Ref: Board's letter No. E(G)56 LE
2/91/3 dated 05/10/1956]
Staff who are governed by the hours of Employment regulation and are required to
attend office on Sunday and other holidays should be given only a compensatory off
in lieu of such attendance and no conveyance hire. The staff not governed by those
regulation may, however, in similar circumstances be given the option either to
accept conveyance charge or compensatory off. (CCL). [RB letter No. F(E)59/AL-
7/(1) dated 8.7.1959 (NR PS No. 588)]
There is no prohibition nor is there sanction necessary for grant of compensatory rest
even after the stipulated periods in rare cases where it may not be possible to adhere
to the rules but it would be ensured by exercising adequate administrative control
and check that there is no accumulation of compensatory rest over several months,
aggregating to a regular spell of leave. [Rly Bd letter No. E(LL)73/HER/36 dated
6.9.73 ]
No railway servant in respect of whom an exemption has been made under rule 9
shall be required to work for more than fourteen days without a period of rest and
shall be provided with compensatory rent within this period. [Rule 13 of Railway
servants (Hours of Work & Period of Rest) Rules 2005]
Of all the welfare schemes on Indian Railways, granting of Passes / PTO's to the
Railway employees is one of the oldest and most important welfare measures and
issuing of passes and Privilege Ticket Orders to Railway servants is mainly regulated
by Railway servants (Pass) Rules 1986. This rule applies to all Railway Servants but
shall not apply to [Rule 01 of RS(P) R 86]
2. Definitions : In these Rules, unless the context otherwise requires:- [Rule 02]
a. 'adopted child' means a child for whom there is satisfactory proof of adoption
irrespective of the fact whether such adoption is permissible or not under the
personal law governing the railway servant concerned.
b. 'attendant' means a person exclusively employed on salary in the personal
service of a railway servant.
c. 'dependent relative' in relation to a railway servant, whose father is not alive,
means:-
(i) mother including a divorced mother;
(ii) unmarried or widowed sister;
(iii) brother/step-brother under twenty one years of age provided he resides
with and is wholly dependent on the railway servant;
(iv) invalid brother of any age,
(v) brother who has attained the age of twenty one years and is a bonafide
student of a recognised educational institution:
(vi) legally divorced sister. [RBE No. 26/98]
(vii) Widow mother-in-law in case of widows appointed on compassionate
grounds, whether her father is alive or not. [RBE No. 194/01]
(Note Since, the provision of Rule 02(a) do not stipulate mentioning the
word 'Adopted' before son or daughter on the Pass/PTO to be issued to a
Rly. Servant, the same should not be mentioned on the Pass/PTO)
(Rly. Bd's letter No. E(W)2010/PS-5-1/2 DT. 17.05.10)
Duty passes, as detailed below, are issued as per entitlement in connection with
performing Railway duty for going outside headquarters.
SN Category Pay Scale / Kind of Pass to Entitlements
Grade Pay which entitled
(a)(i) CRB/All Members of RB, FC, 80000/75500- For Official duty in Indian
(ii) CRS & officers who are equal 80000 Railways in any class.
in grade & status GMs & 'Gold Pass' (along with family)
others officers who directly
reported to Railway Board.
(b)(i) All Officers in HAG All 67000-79000 Alone in any class or along
(ii) officers in SAG 10,000/- with family in any class
other than 1st AC; or along
'Silver Pass'
with family in 1st AC on
payment of 1/3rd
difference.
(c)(i) All officers in Selection Grade 8700/7600/- Alone in any class or along
(ii) Officers with more than 3 yrs 'Bronze Pass' & with family in any class
service in the Grade 1st A pass othe than 1st AC; or along
holders (with 1 with family in 1st AC on
st
of difference of
fare between 1st AC Class and AC Sleeper Class.
(2) Entitlement on Duty is subject to a maximum of 4 berths / seats.
(3) Entitlement on higher class includes lower class travel as per train accommodation.
1. Return Pass for Family: If a railway servant of Group 'A' or 'B' is required to
cut short his tour and/or return to headquarters by air or by some other
means of transport leaving behind his family, he may be allowed return
journey pass of the same class as on privilege account for his family to enable
them to return to the headquarters.[01 of Schedule I]
2. The family of a probationer in Gr 'A' may be included in the duty pass when
accompanying him during the period of probation on his journey to and from
different places of training.[02 of Schedule I]
3. Duty Passes are not admissible during leave other than casual leave taken in
continuation of period of duty.[09 (1) of Schedule I]
4. Metal passes/Duty passes as the case may be, should be surrendered by the
employee when proceeding on any kind of leave except CL or on transfer or
when he/ she is dismissed or removed or discharged from service. Metal
passes need not be surrendered if officer take LAP for a short period in
continuation of their tour or duty. [09 (2) of Schedule I] [RBE 156/02]
5. Metal pass can be used for return journey while on official duty away from
headquarters and availing LAP for short period [RBE 156/02]
6. It Will be the responsibility of the Railway servant to surrender his Metal Pass
or duty card pass or to pay the penalty therefore if lost, before demitting
office on superannuation or otherwise. The Railway servant must obtain the
'No Objection Certificate' from the Pass Section and submit it to the concerned
authorities before his settlement dues are released.[RBE 104/2000]
7. Officers who are in Administrative Grade with basic pay of Rs. 14300/- &
above (Vth CPC scales). But the officers serving on adhoc basis against J.A.
post on charge allowance are not entitled to this facility. (R.B. L.No.-
E(w)2010/PS 5-1/25 DT. 15.12.10 & RBE - 72/07)
8. For travel by cabs of EMU trains on duty, necessary endorsement on Duty
Card Passes maybe made.[09 (4) of Schedule I]
Privilege Pass: [Rule 06 & Schedule II]
Following are the revised pay limits for entitlement of Passes / PTOs to running
staff [RBE 47/12 & 148/12]
Allotted equivalent 6th CPC Pay
VIth CPC
Vth CPC Band/Grade Pay after reckoning
Post Grade
Pay Scale Running Allowance
Pay
Pay Band Grade Pay
ALP/Brakesmam 3050-4590 1900 PB1 2400
Sr. ALP/Loco Pilot (Shntg) Sr. 4000-6000 2400 PB1 4200
Brakesman
Goods Guard 4500-7000 2800 PB2 4200
Tower Wagon Driver 4500-7000 2800 PB2 4200
Sr. LP(Stg.)/LP (Goods) /Sr. Goods 5000-7000 4200 PB2 4600
Guard/
Pass Guard
Sr. LP(Goods)/LP (Pass) /Sr. Pass 5500-9000 4200 PB2 4600
Guard/
Mail Guard
Sr. LP(Pass)/ LP (M/E) 6000-9800 4200 PB2 4600
Note - (A) In terms of the extant instructions the holder of IInd Class 'A' pass shall be
entitled to travel by AC-3 tier class in trains other than Rajdhani/Shatabdi/Duronto
Exp. Trains. IInd Class 'A' Pass is of yellow colour.
Note - (B) Rly. employees having less than 5 yrs. of service & drawing G.P. 1800/- &
above but below 2800/-are entitled for one IInd class 'A' in a year even if they are
eligible for only one set of privilege pass owing to the length of their service. [RB
L.No. E(W)2008/PS 5-1/38(pt) dt. 04.12.12]
1. The school certificate should be submitted once a year for the son or other
dependent who are over21 years of age at the beginning of the academic
session. However, where the studies are discontinued, an intimation of the
same should immediately be given to the Pass Issuing Authorities. A
Certificate may, however, be insisted upon in case of doubt as regards
continuance of studies.[2 (a) of Schedule II]
Note :- Dependent son, who is neither a scholar nor invalid and is about to
complete 21 yrs. of age during the validity period of privilege pass being
issued to Rly. Employees, the pass may be issued in the following manner:-
(i) The privilege pass may be issued with a validity period up to the date
preceding the date on which the son will be attaining the age of 21 yrs;
or
(ii) Privilege pass may be issued with validity of full 4 months (now 05
months vide RBE 41/12)excluding the name of the son of the
employee.(RBE 10/09)
2. Not more than two dependents can be included in a Pass/ PTO subject to the
condition that the total number of persons included in the Pass/PTO will not
exceed 5 exclusive of Attendant wherever permissible. This limit will not
apply if only family members are included in the Pass/PTO.[3 (ii) of Schedule
II]
3. When the Railway servant himself or a member of his family or a dependent
is blind in both eyes and has to travel alone on a privilege pass, one
companion may be allowed to travel in the same class in which the blind
person is travelling. This facility is granted on production of a certificate from
Divisional Medical Officer of the Railway concerned.[3 (iii) of Schedule II]
4. Consequent upon the decision of the Bd's to enhance the period of advance
reservation from 90 days to 120 days, the validity period of full/half sets of
Privilege/Post Retirement Complimentary/Widow Passes & PTOs shall be
one months more than the advance reservation period, in general, hence, the
validity of such Passes/PTO's shall be Five months. However; if advance
reservation period is reduced in future, the validity of Pass/PTO will not be
less than four months period.[RBE 41/12]
5. Validity period of a half set of Privilege Pass/Post-Retirement Comp./Widow
Passes and PTOs has been revised from three months to four months as in the
case of full set passes & further revised to five months in view of the
enhancement of the period of advance reservation from 90 to 120 days vide
Bd's letter dt. 26.03.12. [RBE No. 82/08 & 41/12]
6. Break of journey en route shall be permissible on Privilege Pass at any
stations as desired by the Pass holder. [ In addition, the Station Master/ Ticket
Collectors may be authorised to make an endorsement on the pass in case an
unscheduled break journey is desired by the pass holder due to any
unforeseen circumstances. [RBE 10/2000]
7. Privilege pass shall be issued for journey from the starting station to the
destination station, provided that a longer route may be permitted:- [3 (vii) of
Schedule II]
A. If the destination via longer route does not exceed by fifteen percent of
the distance via the direct route.
B. If the longer route to destination is quicker than the direct route
irrespective of distance involved.
8. in case the Railway employee is not available to apply for a Privilege Pass or
PTO being on TA duty or on temporary transfer to other place or on
deputation or for any other reason, the family member or dependent relative
defined in these rules may apply for and be issued privilege passes/ PTO at
their request. [3 (viii) of Schedule II]
9. Pass-holders may travel in a class higher than that for which a pass is held on
payment of difference in advance between the fare of the class of pass held
and that of the higher class in which the pass holder intends to travel, except
in the case of First 'A' Privilege Pass holders, who can travel in First AC Class
than one set of Privilege passes, the facility of First Class pass along with an
escort in the same class, may be allowed in 1 set of pass.[3(xxv(1)) of Schedule
II]
16. Non-Gazetted physically handicapped Railway employees who become
entitled for First Class Pass, under pay limit may be allowed an option either
to avail the privilege passes, as per their entitlement or avail two sets of
Privilege pass with an escort in the same class, in each of the two sets of
passes by surrendering the remaining one set. Where the entitlement of the
employee is less than 3 sets of Privilege passes the facility of escort may be
allowed in one set of pass. [3(xxv(2)) of Schedule II]
17. In the case of Gazetted physically handicapped Railway employees, an option
may be given either to avail of privilege passes as per their entitlement or to
avail 3 sets with an escort in the same class in each of the three sets of
privilege passes by Surrendering the remaining three sets of passes.[3(xxv(3))
of Schedule II]
Note : Facility of escort will be allowed only on the recommendation of
SR.DMO and other conditions stipulated for serving Railway employees vide
Rly. Bd's letter No. E(W)82/PS5-1 dated5.9.1983.
18. Passes and PTOs may be issued in favour of more than one legally married
wives of a Railway servant provided that separate passes and/or PTOs are
issued and counted against the Rly. Servant's Pass account. [3(xxvii)of
Schedule II]
19. Married daughter may be included in pass/PTOs when her husband is
missing for a period of at least 7 years subject to the production of an affidavit
signed by the railway servant concerned and attested by a Magistrate
regarding the missing period.[3(xxviii)of Schedule II]
20. In cases When an employee is unable to accompany his family or dependent
relative, he will be eligible for a pass for himself either to precede or follow
his family or dependent relative either on outward or return journey or on
both subject to production of evidence to the personal satisfaction of the pass
issuing authority regarding the employee's inability to accompany his family
or dependent relative. In such cases, the two outward and the two return
journey passes (i.e. one outward and one return for the family or dependent
relative and one outward and one return for the employee) will constitute one
set. A reasonable time-limit not exceeding one month should be imposed
between the issue of these separate passes. This facility is not admissible to
retired Railway employees.[3(xxxi) of Schedule II]
21. Privilege Passes/PTOs to be issued to the employees who are about to retire/
superannuate, may be issued for the normal period of availability admissible
under the Rules even if it is beyond the date of superannuation of the
employee. It would however be subject to the condition that the total number
of passes issued to a railway employee in service as well as after retirement
will not exceed the total number to which he/she was entitled while in
service.[3(xxxiii) of Schedule II]
1. Eligibility for privilege Pass and Privilege Ticket Orders and school Passes
during the period on deputation to departments other than Central
Secretariat/ Public Sector Undertakings on the same scales as admissible to
the railway servant for a maximum period of 4 years. (Sch II(Deput. (i))
2. For railway servants who are on deputation to Central Secretariat i.e.
Ministries/Departments of the Government of India, the period of
admissibility on full-scale will be as per tenure allowed from time to
time.[Schedule II(Deputa.(ii)]
3. For Railway servants who are on deputation to Public Sector
Undertakings including RITES/IRCON the period of admissibility to full
benefits will be as under:- [Sch II(Deputa. (iii)] (a) for posts which are
declared as top posts carrying the pay scale of Rs. 5900-7300 (Pre VI PC) and
above are eligible for 2 years and remaining employees working on any other
posts are eligible for 3 years.
4. Where the deputation of a railway servant is extended beyond the normal
period specified above, the privilege Pass facilities will be continued on the
same scales only if the employer is prepared to bear the cost of Passes issued.
Where the employer is not prepared to bear the cost, the Railway servant shall
be allowed passes at the lowest scale applicable to retired railway servants of
his category even though he may not have completed the minimum
qualifying service for this purpose provided that if the Railway servant is
entitled to a higher scale of privilege pass if he had retired from railway
service on the date on which he would complete the normal period of
A school pass may be issued to the son or daughter of a Railway employee who is a
bona-fide student of any recognised educational institution. For the purpose of these
Rules, School / college means School or College both academic and professional,
Recognised by the State / Central Govt. / Recognised Universities. [xi(1) of
Schedule III]
(i) 03 sets or 6 half-sets School passes can be issued in a year for journey of each
children of employees during the recognised vacations of more than 03 days
from the place of education to the residence of employee on production of
certificate duly issued by the Head of the Institute / Principal of School.[i of
Schedule III]
(ii) A parent or guardian may be included in a School pass, which is issued for
son of under 18 years (& even above 18 years of age in case son is
handicapped) and in case of daughter of any age.[iii of Schedule III]
(iii) both mother and father are employed in Railway, then school passes are
issued from one account only. [xi(8) of Schedule III]
(iv) A parent including a step-parent or guardian in the same class may be
included in a pass outward or inward and he/she may be issued a separate
pass for going to bring the student or returning alone after leaving the student
at school / college etc. and the passes thus issued shall be treated as part of
one half set of school pass, i.e. it will not count as a separate half-set. If the
attendant be a guardian he/she will be issued only a IInd class pass. [iv
of Schedule III]
(v) The children of railway employees studying in Oak Grove School, Jharipani,
who are not ordinarily entitled to Ist Class Passes, May as a special case, be
issued I class Passes from their homes to Deharadun at the beginning of
school session and from Dehradun to their homes at the conclusion of the
school session. This provision equally applies for their up and down journeys
during authorized vacations. On these occasions I class Passes may also be
issued to the escorts (Schoolteachers) for their up and down journeys. [(i)
of Schedule III & RBE 136/03]
(vi) School passes are admissible for students including those who are engaged in
research work and are not getting any stipend / scholarship, other than on
merits / means basis.[v of Schedule III]
(vii) A school pass can be issued to travel to recognised institution for admission
and back to headquarters of the railway servant. [iv of Schedule III]
(viii) School passes are admissible for travel to examination center for submitting
forms of admission and to take up examination and back to headquarter and
for taking examination at place other than the place of school or college. [vi
of Schedule III]
(ix) Break of journey en-route is permissible on school pass if endorsement to this
effect is madeon the pass. [xi (3)of Schedule III]
(x) In case where school pass is sought to / from a place other then the Railway
servant's headquarters or the permanent address place of residence of the
other parent, if it be different or where either parent is residing even if
temporarily such as during summer vacations, etc. the pass shall be issued
with the approval of gazetted officer who shall satisfy himself about the
bonafides of such request, with reference to the passes /PTO's already issued
for the parent's journey to such a place. [xi (4) of Schedule III]
(xi) Travel on educational tour forming part of the school syllabus is also eligible
for school pass.[ix of Schedule III]
(xii) Issue of School passes will not be affected by the stoppage of privilege passes
of an employee on any account including by way of punishment. [xi (6) of
Schedule III]
(xiii) Incidents of suspension will not affect the eligibility of Railway employees to
school passes.[xi (7) of Schedule III]
(xiv) The School pass can be issued upto four months in advance as per the request
of the Railway Employee. However, the reasonable validity period on these
passes may be decided by the pass issuing authority. [RBE 101/11]
(xv) Entitlement of School pass is as under:-authorized vacations. On these
occasions, Ist class passes may also be issued to the escorts (schoolteachers)
for their up and down journeys; [RBE 145/11]
School card pass will be issued as per eligibility for student son / daughter of the
railway servant to commute between the station of the residence of the railway
servant and the station nearest to the school / college on production of a certificate
from the recognised institution where the student is studying subject to such
restrictions like those parting to distance etc. that may be imposed by Railway
depending on local circumstances for issue of such passes.
Category Entitlement
1 Group 'A' & Group 'B' (Gazetted) I Class 'A'
2 Non-Gazetted employees :-
(i) In Grade Pay Rs. 4200/- and above Ist Class
(ii) In Grade Pay Rs. 2800/- IInd Class 'A'
(iii) In Grade Pay below Rs. 2800/- IInd /Sleeper Class
2)
A. Post retirement complimentary passes shall not be issued to those
Railway servants who are dismissed from service.
B. Post retirement complimentary pass shall not be issued to those
Railway Servants who are removed from service on or after 26.10.2005.
C. Post retirement complimentary passes shall be issued to those Railway
servants who are dismissed or removed from service on or after
26.10.2005 but are granted compassionate allowance in terms of Rule
65 of Railway Service (Pension) Rule 1993. Such passes shall beissued
from the date of grant of compassionate allowance. [RBE 180/05]
3) A retired Railway servant will be eligible to the same class of Post-retirement
pass, as he was enjoying at the time of service. [(ii) of Schedule IV]
4) Railway Servants who have been promoted to a higher grade on regular basis
and retire from the higher grade may be given post retirement complimentary
passes corresponding to the higher post. However, in cases of adhoc
promotion, the benefit of post retirement passes corresponding to the higher
post will accrue only after 3 years of adhoc /officiating service. [RBE
51/95]
5) In the year in which the Railway servant retires from service he is entitled to
that number of single journey Post-retirement complimentary passes which
represents the difference between the number of privilege passes he is
normally entitled to in a calendar year while in service and the number
actually availed by him, provided the total number of Post-retirement
complimentary passes applied for after the date of retirement does not exceed
the number of post-retirement complimentary passes for which he is entitled
in a calendar year.[(v) of Schedule IV]
6) In cases where both husband or wife are retired Railway servants, they may
avail the complimentary passes on each other's account.[(vi) of Schedule IV]
7) When a retired Railway servant himself or a member of his family eligible for
inclusion in post-retirement complimentary pass is blind in both eyes, and
travels alone, one attendant may be allowed to travel in the same class in
which the blind person is travelling duly including the attendant in the
complimentary pass, on production of a certificate from Medical Officer of the
Railway concerned to the effect that the person concerned is blind in both the
eyes. [(vii) of Schedule IV]
8) Period of service rendered by the employees in non-railway departments or
establishments' prior to joining railways service will not count except where
such non-railway service has been counted along with railway service for
pensionary benefits. In respect of Railways servants whose past non-railway
service has been counted along with railway service for pensionary benefits, a
weightage equivalent to half of such non-railway service will be taken into
account for the purpose of making good, the shortfall in the minimum
required 20 years of railway service in order that they become eligible for Post
Retirement Complimentary Passes and in such cases, the number of Post-
Retirement Complimentary Passes shall be as admissible on completion of
minimum required twenty (20) years of Railway service only.[RBE 61/07 &
65/08]
9) Misuse of a post-retirement pass renders the retired Railway servant liable to
be deprived of the privilege of getting such passes.[(xiii) of Schedule IV]
10) All First 'A'/First Class complimentary Pass Holders are entitled to take one
attendant free with them in Second Class/Sleeper Class (clarified vide No.
E(W)97PS5-1/4 dated 29.5.1997)subject to the conditions stipulated for
privilege passes. [(xiv) of Schedule IV]
11) Senior Citizen I/ I 'A' pass holders can carry a companion in lieu of attendant
subject to following conditions:[(xiva) of Schedule IV]
A. The facility of a Companion will be allowed only to retired railway
servants who are above the age of 65 years.
B. The facility of companion will be permitted only when the pass holder /
eligible member of family will travel in sleeper class.
C. If any other eligible family member below the age of 65 years is included
in the pass than the facility of travel in sleeper class with a companion will
not be permitted.
D. The senior citizens are also allowed to take a companion along with them
in higher class on payment of full difference of fare.
E. The facility of companion in lieu of attendant is also permitted when the
pass holder and / or eligible member of family are traveling along with
mentally retarded /physically disabled son or daughter.
F. Retired railway employees of 70 years of age and above who are entitled
to 1st class /1st A posts retirement complimentary passes may take a
companion in the same class in all trains, by paying 1/3rd of difference of
fare between sleeper class and the class in which the retired railway
employee travels, on fulfillment of laid down conditions.[RBE 164/09]
12) Legally valid adopted child (adopted after retirement) can be included in the
post retirement comp. Passes.[(xv) of Schedule IV]
13) Legally divorced daughter and widowed daughter may be included in the
post retirement comp. Pass as dependent relative of Retired Railway servant,
provided they reside with retired railway employee and subject to fulfillment
of the income criteria laid down for this purpose.[RBE 63/03]
14) Identity card with photographs of retired railway employee and eligible
family members shall be issued by the railway administration and this should
be carried while travelling.[(xix) of Schedule IV]
15) One set of post retirement comp. Pass shall be disallowed for every month of
unauthorized retention of Railway Quarter. For this purpose, a part of a
month exceeding 10 days in any calendar month shall be taken as a full
month.[(xx) of Schedule IV]
16) Retired Railway servants can be issued passes for court attendance to give
evidence in Criminal / Civil suit etc. to which Govt. is a party with the
condition that travelling expenses, including cost of trains fare granted by the
Court, if any, shall be deposited to railway revenue within 15 days of
receipt.[RBE 142/98]
17) A retired Rly. Servant may be issued, one set of Complimentary Pass not
more than 100 days in advance of beginning of the next year, for journeys
commencing in the next year duly debiting such issue of Complimentary Pass
in the next year pass account the validity of the pass shall be four months
from the date of issue.[RBE 80/11]
18) Since all the posts carrying GP 1800/- in PB-1 have been classified as Group
‘C’ the employees retiring from these group ‘C’ posts would automatically be
entitled for Post -Retirement Complementary Passes/widows passes as per
group ‘C’ entitlement.[RB L.No. E(w)2010/PS -5-8/4 dt. 02.03.12]
Note: Widows/their dependents who are eligible for such Passes should be
issued Family Identity Card by the Railway Administration and the same
should be carried by them during their journey.
6. The class of Pass would be same as is admissible to the Railway employees on
retirement or what would be admissible notionally if the date of death is
reckoned as the date of retirement, other terms and conditions would be the
same as are applicable to Privilege Passes except that: [i & ii of Schedule V]
a. Dependent relatives are not entitled to be included in such Passes.
However, dependant widow mother of the deceased Railway
employee may be included in the Widow Pass as family member of the
widow.[RBE 142/2000]
b. Widow will not be entitled to this facility if she becomes otherwise
entitled to the Pass facility due to her son's employment in Railways or
on her own employment on the Railways or on her re-marriage.
However the widow may exercise an option either to avail of pass
facility as a dependant widow mother by getting her name included in
the privilege pass drawn by her son/daughter or she may draw
pass(es) as per her entitlement under the 'widow pass' scheme. Option
once exercised shall be final and irreversible. [RBE 312/99]
c. Widows who are appointed on compassionate grounds may be given
an option to be exercised at the time of appointment whether they
would like to avail of the pass facilities as a Railway servant or would
like to continue the entitlement under the Widow Pass scheme. Option
once exercised shall be final. At the time of retirement/ quitting
Railway service, a similar option may be given to such Widows either
to be governed by the Widow Pass Scheme or to be governed by the
Post retirement Complimentary Pass Scheme in her capacity as a
retired Railway servant and in accordance with her status. Such option
once exercised shall be final.[RBE 98/03]
7. "Senior Citizen 1st/1st 'A' Widow Pass holders can carry a Companion in lieu
of an Attendant subject to the following conditions - [3 of Schedule V]
i. The facility of a Companion will be provided only on the 1st Class /1st
'A' Widow Passes in which there is already a provision to carry an
Attendant as per the Railway Servants (Pass)Rules, 1986.
ii. The facility of a Companion will be allowed only to Widow Pass
holders who are above the age of 65 years.
iii. The facility of a Companion in lieu of attendant will be permitted only
when the pass holder and/or eligible members of family above the age
of 65 years travels along with the Companion in Sleeper / 2nd Class. In
other words, if any other eligible member of the family below the age
of 65 years is included in the pass, then the facility of travel in Sleeper
/2ndClass with a Companion will not be permitted. In such cases
following endorsement shall be made on the pass:-"Companion in lieu
of Attendant permitted when the Pass Holder travel in Sleeper
Class/2nd Class."[RBE 142/2000 & 14/01]
iv. The 1st class / 1st A widow pass holders of 70 years of age and above
will be permitted a companion in the same class in all trains, by paying
1/3r of difference of fare between sleeper class and the class in which
the widow of the railway employee travels, on fulfillment of laid down
conditions.[RBE 164/09]
8. This scheme will not apply to Casual Labour unless they are absorbed against
regular posts. Till the Casual Labour are so absorbed, they will continue to get
6 sets of PTOs in a year instead of 4 sets of PTOs admissible to others who opt
for the scheme of Widow Passes.[RBE 308/89]
9. The facility of passes available to the widow of a male Railway employee shall
also be available to the widower of a female railway employee (RB No. E(W)
97 PS 5 -8/3 dated31.3.1998) (Page No. 340 of RBO/98).
10. Widow pass shall be valid for travel in Rajdhani / Shatabdi Express trains, on
the same conditions as are applicable to Railway employees of equivalent
status. A special endorsement to this effect shall be made by the Pass Issuing
Authority, also indicating the class and number of berths allowed in the
pass.[RBE 4/2000]
11. Wife of missing Railway employee / pensioner will be eligible for grant of
widow pass from the date she become entitled for Family Pension.[RB L.No.
E(W) 98 PS 5-1/4 dated 21.05.98 (Page No. 11.15 of RS (P)R)]
Entitlement for residential card pass will be as under :- [RBE No. 145/11]
Category Entitlement
1 Group 'A' & Group 'B' (Gazetted) I Class 'A'
2 Non-Gazetted employees :-
(i) In Grade Pay Rs. 4200/- and above Ist Class
(ii) In Grade Pay Rs. 2800/- IInd Class 'A'
(iii) In Grade Pay below Rs. 2800/- IInd /Sleeper Class
In non-suburban sections, however, the normal class of entitlement as on privilege
account would be admissible and no attendant is allowed in Residential Card Pass.
[RBE No. 63/2000]
Loss / Misuse / Fraudulent use of passes and PTOs. [Rule 13 & Annexure "B"]
1. Passes and PTOs are not transferable and should be used only by the person
in whose favour they have been issued. Special care should be taken to ensure
that passes and PTO's are not lost while in the custody of the pass holder. In
case of loss of pass or PTO a report should be made immediately to the police
by the Pass/PTO holder sending a copy of the same to the Pass/PTO issuing
authority. [i of Annex. B]
2. Deterrent punishment should be awarded to railway servants detected
misusing passes and privilege ticket orders; this may take the form of
dismissal or removal from service or reduction to a lower post depending
upon the seriousness of the offence. [ii of Annex. B]
3. In case of a retired railway servant, misuse of post-retirement complimentary
pass renders the retired railway servant liable to be declared ineligible for
getting such passes.[iii of Annex. B]
4. A fine of Rs. 10/- for second class and Rs.25/- for First Class passes may be
imposed on the Railway employees for not filling the date of commencement
of the journey on the passes both privilege and duty granted to them. Passes
may also be returned within one month of the expiry of the pass or its
utilization whichever is earlier. In regard to those cases where a fine has been
imposed by the TTEs for non-filling the date of commencement of journey on
the passes, the following action may be taken. [iv of Ann.B]
a. First case Warning
b. Subsequent 'To be dealt with on merits'. This should be taken serious
view of and suitable deterrent action taken against the defaulting staff.
5. In case of the loss of passes the following penalties may be levied. [v of
Annex. B]
I. Railway Staff:
(i) Loss of duty card passes available for a period without stipulation of
the number of the journey
a. Gold Pass Rs.10950/-
Silver Pass Rs.3028/-
Bronze Pass *Rs.2557/-
b. I A & I Class Rs.35/-
c. II Class Rs.12.50/-
d. Trolley Pass Rs.12.50/-
*(RB letter No. 2011/G/127/4 Mint/Pt.II dt.12.01.12)
(ii) Loss of duty cheque passes with limited validity and specified
destination
a. I A & I Class Rs.10/-
b. II Class Rs.5/-
(iv) Residential card pass / school card pass, provision (Bazaar) card pass
a. I A & I Class Rs.35/-
b. II Class Rs.12.50/-
Except in cases of transfer and settlement passes issued to Railway servants, General
Managers may condone the irregularities in the cases enumerated below. These
powers should not be re-delegated to any lower authority.
11. Incorrect issue of a Pass by pass issuing authority for a period exceeding three
months in the case of a single journey or 4 months in the case of return
journey and its use by a Railway servant or his family after the period of
availability.
12. Correct issue of a Pass by the pass issuing authority for a period not
exceeding three months in the case of single journey and four months in the
case of return journey and its use by a Railway servant or his family after the
period of availability.
The Members of Parliament are entitled for rail travel facilities as under:-
PURPOSE
The scheme of compassionate appointments has been evolved with the idea of
providing relief in a situation where the family is subjected to financial distress due
to the sudden loss of income from the bread winner, consequent to his death in
harness or voluntary retirement due to medical invalidation.
1. The Supreme Court in its judgement dated 4-5-94 in the cases of Shri Umesh
Kumar Nagpal vs. State of Haryana & Ors. and Anil Malik vs. State of
Haryana & Ors. (JT 1994 (3) S.C. 525) regarding appointment on
compassionate grounds has held as follows:-
"As a rule, appointments in the public services should be made strictly on the
basis of open invitation of applications and merit …. However, to this general
rule…. There are some exceptions carved out in the interests of justice and …
One such exception is in favour of the dependents of an employee dying in
harness and leaving his family in penury and without any means of
livelihood …. The whole object of granting compassionate employment is
thus to enable the family to tide over the sudden crisis. The object is not to
give a member of such family a post, much less a post for post held by the
deceased. What is further, mere death of an employee in harness does not
entitle his family to such source of livelihood. The Government or the public
authority concerned has to examine the financial conditions of the family of
the deceased, and it is only if it is satisfied, that but for the provision of
employment, the family will not be able to meet the crisis, that a job is to be
offered to the eligible member of the family. The post in Class III and IV are
the lowest posts in non-manual and manual categories and hence they alone
can be offered on compassionate grounds. The object being, to relieve the
family, of the financial destitution and to help it get over the emergency. The
provision of employment in such lowest posts by making an exception to the
rule is justifiable and valid since it is not discriminatory. The favourable
treatment given to such dependent of the deceased employee in such posts
has a rational nexus with the object sought to be achieved, viz., relief against
destitution. No other posts are expected or required to be given by the public
authorities for the purpose. It must be remembered in this connection, that as
against the destitute family of the deceased there are millions of other families
which are equally, if not more destitute. The exception to the rule made in
favour of the family of the deceased employee is in consideration of the
services rendered by him and the legitimate exceptions, and the change in the
status and affairs, of the family engendered by the erstwhile employment
which are suddenly upturned.
(i) to the dependents of railway servants who have died or who have become
permanently crippled during the performance of duties.
(ii) To the dependents of the railway servants who die in harness due to railway
accidents while off duty.
(iii)
a. To the dependents of railway servants who die in service or are totally
incapacitated while in service irrespective of the period of service left to
reach the age of superannuation or of earning retirement benefits in full, or
b. are medically decategorised with less than 30 years of qualifying service for
pensionary benefits.
Where an employee has become medically unfit to continue in any post, he may be
allowed to retire voluntarily and request for appointment of ward on
compassionate grounds considered. (Authority Bd's Lr. No. E(NG)II/95/RC-1/ 94
dt. 18-1-2000 (RBE No. 8/2000) SCR SC No. 21/2000. )
TIME LIMIT:
arises therein, subject to his being found medically fit for the post for which
he is considered. In such cases, a specific record, with the approval of the
Competent Authority should be made to the effect that the candidate was
selected for a Group 'C' post but appointed to a Group 'D' post for want of a
vacancy in Group 'C' because the candidate needs employment immediately
and that he will be considered for a vacancy in Group 'C' as early as possible.
(iv) Once an appointment on compassionate grounds of the wards/widow etc.
has been made in a particular category/grade, no change of category/grade is
subsequently permissible on the same compassionate grounds, subject,
however, to the above provisions.(Auth: Board's lr.No.E(NG)II/92/RC-1/117
dated 24.11.1992)
(v) The male wards of non-RPF personnel, who fulfill physical and educational
standards for appointment in RPF, may be considered for compassionate
appointment in RPF.(Authority: Bd's Lr.No.88/Sec(E)/RC-3/43/Pol. Dated
4.12.1997 ( SCR SC No.6/98)
(vi) Persons appointed on Compassionate grounds as Junior Clerks or Senior
Clerks should acquire typewriting proficiency of 30 w.p.m in English or 25
w.p.m in Hindi within 2 years from the date of their appointment.(Authority:
Bd's Lr.No.E(NG)II/94/RC-1/35 dated 12.5.97 (RBE No.69/97 (SCR SC
No.109/97).
(vii) Widow /wife not fulfilling the requirement of prescribed educational
qualification (10th Pass or ITI) ,she will be placed in Pay Band-I ( Rs.5200-
20200) + GP Rs.1800 directly without insisting on fulfillment of educational
qualification norms, provided the appointing authority is satisfied that the
duties of the post against which she is being appointed can be performed with
the help of some on job training. * The DRMs/CWMs may locate posts for
widow/wife being considered for appointment on compassionate grounds. (
Authority: Board’s letter No. E(NG)II/98/RC-1/64 dated 14.9.12 ( RBE
No.102/2012) SCR SC No. 101/2012) * CPO/SC’s Lr.No. P(R)563/X dated
23.01.2013.
RELAXATIONS:
1. Age relaxation:
a. Upper age relaxation to any extent can be done by GM/CPO based on
the merits of each individual case.
b. Lower age relaxation upto one year with the approval of General
Manager; further relaxation requires the approval of Railway Board
i. Where the widow cannot take up employment and the sons / daughters are
minor, the case may be kept pending till the first son/ daughter attains the
age of 18 years. The benefit of compassionate ground appointment may also
be extended to adopted son / daughter provided, there is satisfactory proof
of adoption valid legally, the adoption is legally recognised under the
personal law governing the Railway servant, the legal adoption process has
been completed and has become valid before the date of death / medical
incapacitation of the ex-employee.
ii. Adopted sons/daughters can be considered for compassionate appointment
provided such adoption has been accepted for the issue of privilege
Pass/PTO as per the provisions under the Pass Rules.[Authority: Board's
letter No.E(NG)II/86/RC-1/1/Policy dated 11.12.1996 ( RBE No.125/96)
(SCR SC No.24/97)
iii. Appointment on compassionate grounds may be considered at Railway's
level in cases of dependents of Railway employees dying as bachelors
/spinsters, subject to the condition that the candidate proposed for
appointment is shown as 'dependent' of the ex-employee as per the pass rules
. [Authority: Board's letter No.E[NG]II88/RC-1/Policy dated 4-9-96 [RBE
No.] {SCR SC No.124/96}
[Authority Board's letter No. E[NG] II/97/RC-1/210 dated 26-7-98 [RBE NO.
164/98] SCR SC No. 7/99]
i. The General Managers have powers to consider and decide requests for
appointment on compassionate grounds of the wards/widow of a casual
labour who dies due to accident while on duty provided the casual labourer
concerned is eligible for Workmen's compensation Act, 1923. Such
appointments should be as casual labour (fresh face) or substitute.
ii. Similar consideration may also be shown to a ward/widow of a casual
labourer with temporary status at the discretion of the General Manager.
iii. This power should be exercised by the General Manager personally and
should not be delegated to any authority. This power should be exercised
judiciously keeping in view the particular need to contain the total casual
labour force.
iv. Compassionate appointment to the wards/widows can be considered after a
lapse of at least 2 years from the date from which the casual labourer
(temporary status) has been missing provided that an FIR has been lodged
and the missing person is not traceable, and the competent authority feels that
the case is genuine on condition that the appointment would be cancelled
when the employee is traced. This facility is, however, subject to the condition
that the missing employee has more than 2 years of service to retire from the
date he is reported missing and is not suspected to have committed
fraud/joined terrorist organisation/gone abroad. The powers to consider
such compassionate ground appointments are vested with the General
Manager. [Authority: Board's letter No. E[NG] II/97/RC-1/210 dated 26-7-98
[RBE NO. 164/98] SCR SC No. 7/99]
eligible for absorption in the Railways [at the time of death he was below 59
years of age as on or before 01-04-2005 and could read and write as stipulated
vide this Ministry’s letter No. 2004/TG-III/639/2/ Pt. dated 2-8-2005] subject
to the certain conditions. It was also clarified that in the case of commission
vendor/ bearer who was eligible for absorption in the Railways but was
declared totally medically unfit before his absorption subject to fulfillment of
other conditions mentioned therein. (Authority Bd's Lr. No.
E(NG)II/2006/RC-1/ Genl./1 dt. 07.06.2007 and 06.12.2010 (RBE No.84/07&
173/2010) SCR SC No. 89/2007 & 177/2010 )
i. Sleeper/II Class special pass may be granted to the candidates called for
interview/test for the first time for appointment on compassionate grounds
in death cases only, for journey from the place of their residence, to the
nearest station of the place, where interview/test is held, and back.(Authority:
Board's letter No. E(W)99 PS5-8/9 dt. 18.10.99 ( RBE No.275/99) (SCR SC
No.321/99)
On South Central Railway, it has been decided that it shall be the responsibility of
the Welfare Inspector to ensure adherence of the following schedule for processing
compassionate appointments:-
a. 15 days from the date of occurrence of the event for putting up papers to the
competent authority along with application and other relevant documents
for processing the compassionate appointments.
b. 30 days from the date of occurrence of the event for finalising the
compassionate ground appointments in Group 'D' posts; and
c. 45 days for finalising appointments in Group 'C' posts.
d. It shall be the responsibility of the Sr.DPOs/WPOs to ensure that the above
target is strictly adhered to.
e. The suitability test for candidates appointed on compassionate grounds for
Group 'C' should be conducted regularly on 2nd Wednesday of every
month under CC TV surveillance. In case, the 2nd Wednesday happens to
be a holiday, such test is to be conducted on the following working day
f. All the candidates shall be directed for medical examination in A-II and
below without indicating the name of the post, it shall be indicated in the
letter to the medical authorities that if the candidate is not found fit in A-II
should invariably indicate the medical classification in which the candidate
is fit. Based on the medical classification of the candidate a suitable post
identified in case of Group – D. In case of Group-C after the medical
examination the department / post may be intimated to the candidate. In
case it is found that the candidate is not fit for the post offered to him
initially necessary change may be made as per his medical classification
with the approval of competent authority (DRM/CWM/PCPO).
g. DRM/CWMs are delegated the powers to consider fresh cases and offer
appointment on CG in favour of married / divorced / widowed daughters
of employees died in harness / medically incapacitated and dependent
brothers / sisters of bachelor / spinster employees died in harness /
medically incapacitated (Authority SCR SC No. 78/2016)
h. It should be left to the discretion of the family concerned in case of death of
ex-employee to request for job to either spouse or any child (Son/daughter)
(unmarried / married/divorced/widowed) subject to the condition that the
concerned child will be the bread winner of the family concerned. (RBE
70/2014)
CHECK LIST OF DOCUMENTS TO BE SUBMITTED BY CANDIDATES
SEEKING COMPASSIONATE GROUND APPOINTMENTS
1. Copy of Service Certificate ( issued to Railway servant on demitting service)
2. Copy of death certificate issued by Registrar of Births & Deaths or local
Municipal authorities (in the case of death of railway servant).
3. Copy of certificate in proof of age (See Note 1, 2 & 3) of the candidate.
4. Copies of certificate in support of educational qualifications
(Academic/Technical)
5. Copy of Conduct certificate issued by Head Master/Principal of
School/College last studied
6. Copy of Community Certificate ( if candidate belongs to SC or ST or OBC) (
See Note 4)
7. Family composition certificate in original ( in the case of request for
appointment to the son, daughter or widow ( See Note 5)
8. Original certificate in support of relationship of candidate for appointment
with the railway servant ( if the candidate for appointment is not a family
member viz., son, daughter or widow)
9. Copy of Adoption Deed (if the candidate for appointment is an adopted
child).
10. Declaration from the applicant that the railway servant concerned was not
dismissed or removed or compulsorily retired from service as a measure of
penalty.
11. Declarations from the applicant and candidate that no other person has been
appointed to Railway service on compassionate grounds earlier on account of
death or demitting service by the railway servant concerned.
NOTE:
1) All copies of certificates are to be attested by a Gazetted Officer or
Supervisory Official of Railway Department.
2) In support of age, candidate has to produce Matriculation or its equivalent
certificate. In case of others; Municipal Birth Certificate, or Baptismal
Certificate or Sworn Affidavit by illiterates.
3) If the candidate is already working as casual labour, or substitute, the date of
birth furnished now should not be different from the date of birth already
entered in Official records.
4) Community Certificate should be obtained from Revenue Officers not below
the rank of M.R.O.
5) Family composition certificate showing [i] relationship of each family member
with the railway servant and [ii] Date of birth of each family member, should
be signed by Supervisory Official of the Office/Unit where the railway
servant has last worked. In respect of 5 year old cases and where it is not
possible to obtain Family composition certificate signed by Supervisory
official due to non-availability of records, certificate signed by two railway
servants in Supervisory grades is to be produced.
Pension scheme was introduced on Railways with effect from 1.4.1957 The said
Pension Scheme governs all Railway employees who entered service on & after
16.11.1957. [RBd's letter No. F(E) 50/RTI/6,dated 16.11.1957]
At the time of introduction of pension scheme on the Railways, pension option was
also allowed to all those non-pensionable railway servants who were in service on
1.4.1957 or had joined Railway service between 1.4.1957 to 16.11.1957 in preference to
the PF Scheme by which they were governed.
The last pension option order was issued on. 8.5.87 by the RBd to Contributory
Provident Fund (CPF) beneficiaries who were in service on 1.1.1986 & those who
continued to be in service on date of issue of the said order were, however,
automatically deemed to have come over to the Pension Scheme unless they
specifically opted to continue under the CPF Scheme. The last date of option was
30.9.1987. If any Railway employee who retired / died in between 1.1.1986 to
29.9.1987 they / family's of the deceased employee could also opt this Pension
Scheme after depositing all amount received by them at the time of retirement
/death.[RBd's letter no. PC IV/87/Imp/PN1 dated 8.5.1987]
A full bench of Supreme Court has declared in their historical judgement that
pension is to live from want in one’s fall of life, with decency, in dependence and
self-respect and at a standard equivalent at the pre-retirement level.
Pension is not only compensation for loyal service rendered in the past but it has a
broader significance in that it is a measure of socio-economic justice which inherits
economic security in the fall of life when physical and mental prowess is ebbing
corresponding to aging process and, therefore, one is required to fall back on
savings. One such saving in kind is when you give your best in the heyday of life to
your employer, in days of invalidity, economic security by way of periodical
payment is assured. The term ‘Pension’ has been judicially defined as stated
allowance or stipend made in consideration of past service or a surrender of rights or
emoluments to one retired from service.
Pension is not a bounty payable on the sweet will and pleasure of the Government.
Right to superannuation including its amount is a valuable right vesting in a
government servant.(DS Nakara Vs UOI 1983 1 SLJ)
GENERAL CONDITIONS
A railway servant shall not earn two pensions in the same service or post at the same
time or by the same continuous service.
Provisional pension not exceeding the maximum pension which would have been
admissible on the basis of qualifying service, shall be paid to the Railway Servants
against whom departmental or judicial proceedings are pending at the time of
retirement., No gratuity shall be paid to the Railway servant, unless the conclusion
of the departmental or judicial proceedings & issue of final orders thereof.
Commercial Employment of Group "A" Officers after retirement & before expiry of
one year, requires prior sanction of Govt. Employment after retirement under Govt.
outside India by a Group "A" officers shall be obtained only after the prior
permission of Ministry of Railway.
QS of railway servant shall commence from the date he takes charge of the post to
which he is first appointed either substantively or in an officiating capacity without
break in service. The benefit of adding year of qualifying service for computation of
pension as well as on others related benefits shall stand withdrawn w.e.f. 01.01.2006
as such calculation of all settlement benefit will be calculated on actual qualifying
service. [RBE 38 & 222/09]
Calculation of QS
Benefit of adding years of QS for the purpose of computation of pension shall stand
withdrawn with effect from 1.1.2006. [RBE 112/09]
Period of employment in any of the following capacities shall not be counted for
pensionary benefits
'Emoluments' for the purpose of calculating various retirement & death benefits
means the basic pay as defined in rule 1303(1) of est. code, which a railway servant
was receiving immediately before his retirement or on date of death,
Now in terms of RBE 112/08 the term "Emoluments" for the purpose of calculating
various pensionary benefits other than various kind of Gratuity shall have the same
meaning as mentioned in above Pension Rules.
Basic pay in the revised pay structure means the pay drawn in the prescribed pay
band plus the applicable grade pay but does not include any other type of pay like
Spl. Pay etc.
In case of all kinds of Gratuity, DA admissible on the date of retirement/ death shall
continue to be treated as emoluments along with the emoluments as defined in
above Paragraph.
Non-Practice Allowance (NPA) plus BP cannot exceed Rs.85000/- for the purpose of
calculating various pensionary benefits. [RBE122/08]
If during the last 10 months of his service, railway servant had been under
suspension, the aforesaid period of suspension shall be disregarded in the
calculation of average emoluments & equal period before the 10 months shall be
included.
NOTE: -
1. Charge allowance has been reckoned as a pay for the purpose of pension,
gratuity &leave encashment w.e.f.1.1.1986.[RBE 64/97]
2. W.E.F. 1.1.1996 Average emoluments are to be compared with minimum pay of
the post or scale of the employee, which he is holding at the time of retirement.
If minimum pay of the post or scale so arrived is more than Average
emoluments, than amount so arrived is taken for calculation of pension.
3. Additional allowance granted to Loco Pilot [Mail, Passenger], & Mail Guard
w.e.f. 1.1.2006 is not to be taken into account for the purpose of computation of
their retirement benefits. (Although, Dearness Allowance will be admissible
on thisAddl. Allowance) [RBE 43/09]
This Pension shall be granted to a Rly Servant who retired on attainting the age of
compulsory retirement. From 1.11.73 Rly Servant in group 'B"C"D' service & from
1.4.74 group'A'Rly servants, shall retire from service with effect from the afternoon
of the last day of the month in which his /her date of birth falls other than the first
day of the month. If date of birth is first day of the month than Rly Servant retires on
the last day of the preceding month when he /she attains the age of compulsory
retirement.
A. When a railway servant voluntarily retired from Rly service at his own
request after completion of the minimum 20 years of QS,
B. When a Rly servant retired/ discharged from Rly service in public interest on
completion of55years of age or 30 years of service.
After completion of 20 years QS, a railway servant can give a notice in writing
for 3 months for voluntary retirement; they can also give an application for
curtailment of notice period.
Appointing authority can accept or regret the request for voluntary retirement
in a reasonable &rational manner & refuse only if there are valid reasons for
doing so which should also be recorded & conveyed to the concerned
employee within the stipulated time. If the appointing authority does not
refuse to grant the permission for voluntary retirement before expiry of the
notice period than the voluntary retirement shall become effective from the
date of expiry of the notice period. Railway servant can withdraw his
voluntary retirement application during notice period.[RBd's letter no. E
(P&A) I-2007/RT-1, Dt 26.5.2008]
Granted to a Rly Servant who retires from service on medical ground either by unfit
for all medical categories or due to de-categorisation (i.e. declared unfit for the post/
medical category which was held by him prior to medical examination). For invalid
pension minimum 10 years or more qualifying service is required
If a Rly Servant is selected for discharge owing to abolition of his permanent post, he
shall, unless he is appointed to another post, will get compensation pension. Notice
of at least 3 months shall be necessary before his services are discharged due to the
abolition of his permanent post
A Rly Servant compulsory retired from service as a penalty may be granted by the
authority competent to impose such penalty, pension & gratuity or both at a rate not
less than 2/3rd & not more than full compensation pension or gratuity or both
admissible to him on the date of his compulsory retirement. For compulsory
retirement pension minimum 10 years or more QS is required.
A Rly Servant who is dismissed or removed from service shall forfeit his pension &
gratuity. Provided that the authority competent to dismiss or remove him from
service may, if the case is deserving of special consideration, sanction a
compassionate allowance (CA) not exceeding 2/3rd of pension or gratuity or both
which would have been admissible to him if he had retired on compensation
pension. A Compassionate Allowance so sanctioned shall not be less than Rs. 9000/-
w.e.f. 1.1.16.
Old cases in which the disciplinary authority had not passed any specific orders for
or against grant of CA, if any case appears to be deserving for consideration being
given, may be reviewed by the disciplinary authority concerned on receipt of
representations of dismissed /removed employees or the family members of the
deceased employees in following conditions:- [RBE 164/08]
D&A proceedings & service records are available so that fair decision duly
considering the gravity of the offence & other aspects involved therein & to confirm
that the question of sanction or otherwise of CA was not considered by the
competent authority at any stage. Service records are essential to adjudge the kind of
service rendered by the dismissed/removed employee the net qualifying service for
work out the quantum of CA, if sanctioned.
Not only should the grounds on which the railway servant as removed/dismissed,
but also the kind of service rendered be taken into account.
Award of compassionate allowance should not be considered if the Rly Servant had
been dishonest which was a ground for his removal/dismissal.
Though poverty is not an essential condition precedent to the award of CA, due
consideration can be made of the individual's spouse & children dependent upon
him.
In case the competent authority decides to sanction family pension to the spouse or
eligible family member of the deceased Railway servant, CA shall be sanctioned
notionally from the date of dismissal /removal to make the family eligible for family
pension & in such cases family pension shall be payable for the period commencing
from the date following the date of death of the removed/dismissed Railway
servant.
Note: Compassionate allowance being one of the classes of pensions and a minimum
qualifying service of ten years is necessary. [RBE 79/05]
The quantum of pension available to the old pensioners w.e.f. 01.01.2006 shall be
increased as follows:-
For example, in case where a pensioner is more than 80 yrs of age & his pension is Rs
10000/-pm, the pension will be shown as (1) Basic Pension = Rs 10000/-, & (2)
Additional Pension = Rs2000/-pm.
The amount of Additional Pension will be shown distinctly in the pension payment
order.
The additional quantum of Pension/, on attaining the age of 80 yrs & above, would
be admissible from the 1st day of the month in which his date of birth falls. Dearness
Relief will also be admissible on the additional quantum of pension.[RBE 146/08]
Rly Servant who has completed 5 years qualifying service & has become eligible for
service gratuity or pension on his retirement, be granted retirement gratuity equal to
% of his emoluments for each completed 6 monthly period of qualifying service
subject to a maximum of 16 V2 times of emoluments., Retirement/Death Gratuity
payable shall not exceed Rupees 10 Lakhs w.e.f. 01.01.2006.
Those Rly Servant who have not completed 9 years & 9 months qualifying service at
the time of retirement, the amount of service gratuity shall be calculated at the rate
of V2 month emoluments for every completed six monthly period of service.
Amount of DCRG as finally calculated shall be rounded off to the next higher rupee.
If payment of gratuity has been delayed due to administrative lapses for no fault of
the retiring employees in cases of retirement other than superannuating the payment
of interest may be regulated in the following manners:- [RBE 76/91, 72/12 & 65/13]
Applicable to railway servant who are entitled to any class of pension. Payment of
commutation of pension shall be on the written request of retiring rly servants, if a
pensioner does not fill up form for commutation of pension on that occasion,
payment of commutation of pension will not be paid.
Railway servant shall be entitled to commute for lump sum payment a fraction not
exceeding 40 % of pension. If fraction of pension to be commuted results in fraction
of rupee, such fraction of rupee shall be ignored for the purpose of commutation.
Only commuted portion of pension shall be reduced from pensioner's pension from
the next month of payment. Commuted portion of pension shall be restored after 15
years from the date of payment of commutation amount
from the date of final orders of exoneration, the commutation shall be deemed
to have become absolute on the date of receipt of application and the
commutation value shall be determined taking into account the commutation
factor applicable on the date on which the commutation become absolute. In
all such cases the retired Railway servant shall not be required to undergo
medical examination.
1. Next day from the date of death of a person who was declared medically fit
by the Rly. Medical Authority for appointment in railway.
2. Next day from the date of death of regular Railway servant
3. Next day from the date of death of a pensioner
For the purpose of grant of Family Pension, The family shall be categorized as
under:-
CATEGORY-I
CATEGORY-II
Unmarried daughter beyond 25 years of age shall also be eligible for FP w.e.f.
06.09.07 (RBE 116/07) at par with the widowed daughter /divorced
daughters who were eligible for FP beyond the age of 25 yrs. W.e.f. 25.08.04
(Further clarified vide RBE 99/13, that family pension to widowed/divorced
daughter is payable on the date of turn to receive of Family Pension, subject
to fulfill other conditions) subject to other conditions being fulfilled. Grant of
FP to unmarried/ widowed/ divorced daughters shall be payable in order of
their date of birth & younger of them will not be eligible for FP unless the next
above her has become ineligible for grant of FP. FP to unmarried/ widowed/
divorced daughters above the age of 25 years shall be paid only after the other
eligible children below the age of 25 years have ceased to be eligible to receive
family pension & that there is no disabled child to receive the family
pension.[RBE 152/06,116/07 & 99/13]
gain fully employed and also after the cessation of pension/family pension to
retired employees/widow dependents when all the members of the family
case to draw family pension and there is a gap of one or more year subject to
monthly income criteria as laid down by Rly. Bd's from time to time. Such
daughter shall not be required to come back to her parents home.[RBE 44/05
& 98/08]
4. Parents who were wholly dependent on the Railway servant when he/she
was alive provided the deceased employee either unmarried or had left
behind neither a widow nor a child and their monthly income from any
source is not exceeding Rs. 3500/- + existing DA per month, are entitled for
FP at the rate of 30 % of basic pay w.e.f. 1.1.1998. They have to submit a yearly
income certificate to pension sanctioning authority. If mother & father both
are alive then FP first will be to mother of deceased Rly. Servant. FP to parent
can be sanctioned only in case where deceased rly servant has not left any
widow /widower /eligible son & daughter.[RBE195/99 & 128/11]
In this connection it is clarified by DOPT that in case the deceased govt. servant is
not survived by a widow/widower or a child, the dependent parents become
directly eligible to receive F.P. In case where a deceased govt. servant is survived by
a widow/widower or a child, and the position changes subsequently because of
death or re-marriage of the spouse and /or death or ineligibility of child /children,
including a disabled child, the dependent parents become eligible for Family
Pension. In case of re-marriage of child less widow, parents of deceased employee
become entitled to the F.P. only after a childless widow dies or when her
independent income from all sources becomes equal to or higher than that
prescribed the dependent criterion under the Rules.[RBE 128/11]
Looking to the difficulties being faced in getting the revised PPO's for old parents
&disabled children/siblings after the death of the pensioner/family pensioner, it has
been decided that on the request of employee/pensioners/family pensioners at any
time before or after retirement/death of employee, concerning authority will
immediately issue a sanction order for such children/siblings/dependent parents,
on fulfilling the conditions. No. further authorization for grant of Family Pension
will be required. [RBA 26/13]
the widow is not survived by any child, her share of the FP shall not lapse but
shall be payable to the other widow in equal share, or if there is only one such
other widow, in full, to her.
8. In case, where the FP is payable to twins children, the same shall be payable
to such twin children in equal shares & in the event of any of such children
ceasing to be eligible for FP, his or her share of FP shall not lapse but shall
become payable to the other such child & when both such children become
ineligible for FP, the FP shall become payable to the next eligible single child
or twins, as the case may be. The FP shall be paid to such minor child through
the guardian on the basis of Guardianship Certificate or guardian appointed
by a Court.
9. Step mother is not covered by the definition of "FAMILY" for the purpose of
family pension. [RBE 71/04]
10. Post retiral spouses are also entitle for family pension (RBE 13/91) from the
date following the date of death of the pensioners. In such cases following
procedure may be followed :-
A. As and when pensioner marries or remarries, he shall intimate the event,
(alongwith copy of the marriage certificate) to the Head of office who
processed his pension papers.
B. Head of Office, after verification, forward the papers to Accounts Office for
corrigendum in PPO. When the pensioners does not have any child from his
previous marriage, the post retrial spouse shall be eligible for full family
pension & where the pensioner has any eligible child from another wife,
who is not alive, the pension will be authorized in terms of Para 801 (10) of
MRPR.
C. The corrigendum PPO shall be forwarded by the Accounts Office to the
concerned pension disbursing agencies with a copy to pensioners.
D. As far as children, including those born after retirement, are concerned, a
fresh PPO will be issued as and when the turns of each child for receipt of
family pension is reached.[RB letter No. 87 AC 11/33 dt 29.9.93 [Page No.
360 of RBO 93]
11. If a railway employee is missing & has not been traced, the payment of
settlement dues shall be paid to the nominees/heirs of the missing person
after expiry of a period of 7 years following the month of disappearance to the
member provided that the claimants produced proper & indisputable proof of
death or a decree of the court that the employee concerned should be
presumed to be dead as laid down in Section 108 of the Indian Evidence Act.
Subject to the fulfillment of the following conditions;-[RBd's letter
no.F(E)III/86/PN-I/17, dt. 19.9.86.,RBE 63/91,3/94,8/92,190/02, 68/13]
13. In case both wife & husband are Rly. Or Govt. servant & are governed by the
provisions of pension rule, one of them dies while in service or after
retirement, the family pension in respect of the deceased shall become
payable to the surviving husband or wife & in the event of the death of
husband or wife, the surviving child or children shall be granted the two
family pensions in respect of deceased parents, subject to the limits specified
below :-[RBE 132/05]
(i) If the surviving child or children is or are eligible to draw two family
pensions at the enhanced rate, the amount of both the pensions shall be
limited to15000/-per mensem:
(ii) If the surviving child or children is or are eligible to draw two family
pensions one on normal rate & second at the enhance rate, the amount of
both the pensions shall be limited to 15,000/-per mensem:
(iii) If the surviving child or children is or are eligible to draw two family
pensions at the normal rate, the amount of both the pensions shall be
limited to 9,000/-per mensem:
Sanction of family pension in above is subject to fulfillment of all other
conditions.
Rly servant who is not governed by WCAct 1923 dies after retirement / Removal /
Dismissal from the service and entitled for any kind of pension after having
rendered not less than 7 years continuous service, the rate of FP payable to family
shall be equal to 50 % of last pay drawn or twice the FP admissible, whichever is less.
The amount so admissible shall be payable for a period of seven years or for a period
up to the date on which the deceased rly. Servant would have attained the age of
sixty-seven years had he / she survived, whichever is less.[RBE 49/99]
Where a rly servant who is governed by the W.C. Act 1923, dies after retirement /
Removal / Dismissal from service and entitled for any kind of pension after having
rendered not less than seven years continuous service, the rate of family pension
payable to the family shall be equal to 50 % of the pay last drawn or one & half times
the FP admissible, whichever is less. That in no case the amount of FP determined
under above clause shall exceed the pension sanctioned on retirement from rly.
Service
The enhance family pension under Rule shall be payable to the family of a Railway
servant who dies while in service from the next of day of the date of death of the
Railway servant for a period of 10 years, without any upper age limit. There will be
no change in the period of enhanced family pension to the family in case of death of
a pensioner.
These orders will, however, not apply in a case where the period of seven years for
payment of enhanced family pension has already been completed as on 1.1.2006 &
the family was in receipt of normal family pension on that date. [RBE 149/08]
Eligible widow/divorced/unmarried daughter beyond 25 yrs. Of age will continue
to be eligible for family pension at enhanced rates. [RBE 150/11]
The quantum of family pension available to the old pensioners/ family pensioners
shall be increased as follows:-
Age of Family Pensioners Additional Quantum of F. Pension
From 80 yrs to less than 85yrs 20% of family pension
From 85 yrs to less than 90yrs 30% of family pension
From 90 yrs to less than 95yrs 40% of family pension
From 95 yrs to less than 100yrs 50% of family pension
100 yrs or more 100% of family pension
The amount of Family Pension will be shown distinctly in the pension payment
order.
The additional quantum of Family Pension on attaining the age of 80 yrs & above,
would be admissible from the 1st day of the month in which his date of birth falls.
Where exact date of birth of pensioner/ family pensioners are not available in office
record but an indication regarding the age of pensioner/ family pensioners is
available, the add. Pension/ family pension shall be paid from the 1st Jan. of year
following the year in which the pensioner/ family pensioners has completed the age
of 80 years, 85 years etc. In case exact date of birth or age is not available either in
PPO or in the office records an intimation to the pensioner/ family pensioners about
the non-availability of the information regarding DOB/AGE & request him to
submit four copies of any of the following documents, duly attested by a Gazetted
Officer/ MLA to the Pension Disbursing Authority;
1.Pan Card 2.Pass Port 3.CGHS Card 4.Matriculation Certificate or Driving License
(containing the information regarding Date Of Birth.) [RBE 190/08]
Voters 'ID Card, unique identification authority of India (UIDAI) can also be
accepted as proof of date of birth/age subject to the conditions that
pensioners/family pensioners certifies that he/she is not a matriculate & he /she
does not have any of the documents mentioned earlier [RBE146/09 & 124/11]
Post retirement Pass I/card; widow Pass I/card & Rly. Medical I/card may also be
accepted as evidence of date of birth/age for payment of additional pension/family
pension. [RBE 169/10]
Some hypothetical questions and course of actions suggested. The course of action is
in the form of opinion and suggested course of action.
1. What happens if Form – 6 details of family are not filled up by the employees?
Every employee at the time of joining service should fill up Form No. 6 and it is
the duty of head of office to obtain the details and also periodically update it.
However, unfortunately if the employee dies without furnishing any details of
the family in Form No. 6, then the head of the office should verify other records
like pass declaration, identity card, CGHS medical card, or nominations made for
DCRG, PF, CGEGIS, etc to ascertain the name of the widow. If any of the
declarations in the above documents contains the name of the widow, the head
office should write to the widow to make a claim. In case there is no office
document containing the name of the widow, then only the Welfare/Personnel
inspector should be sent to investigate and ascertain the details of the family.
Similarly, once the name of the wife appears in any of the documents signed by
the employee, head of office should take a decision regarding her eligibility for
payment of pension. She should not be asked to produce any other documents in
support of being wife/widow of the deceased Railway servant. The family
pension rules do not envisage any such documentary proof on the part of the
widow. Under Rule 92 of the Railway Services (Pension) Rules it is for the head
of office to ascertain the person to whom pension is payable and address the
eligible person to make a claim.
2. The name of a wife is given either in Form 6 or other documents like pass
declaration, CGEGIS certificate etc but some other lady makes a counter claim.
What should be done?
It should be ensured that neither the widow indicated by the deceased Railway
servant in the official documents nor the counter claimants are asked to produce
succession certificate from any court of law. Family pension is paid by the status
of the widow and not by a succession certificate. It is for the head of the office to
decide the person to whom family pension is payable. There is no rule which
provides that the original wife or widow mentioned in the official documents
should produce documents of her marriage. There is no rule providing for
payment of family pension on the basis of succession certificate or on the orders
of court of law.
3. The persons mentioned in the nomination are dead/not traceable or not willing
to fill up the claim, what should be done?
4. When two ladies file court cases for succession. What should the
administration do?
The Railway Services (Pension) Rules are made by the President of India under
Article 309 of the Constitution and all Railway officers/employees are bound to
follow the rules. The Railway Services (Pension) Rules have very clear provisions
as to how to make family pension, gratuity, PF and insurance amounts. Only
such rules have to be followed by everyone including the Accounts department.
None of the rules provides for making payments on production of succession
certificate except in certain extreme situations. Therefore, if the Accounts Officer
insists for production of succession certificate where it is not required, he should
be asked to give his opinion in writing and he should also indicate under what
rules or Board’s instructions the succession certificates are to be produced. In fact
the entire emphasis of rules and instructions is that payment should be made as
per the procedure laid down in the rules and succession certificates should not be
insisted upon. Similarly, the purpose of making a nomination is to ensure that the
amounts due to the deceased railway servant are disbursed to a legitimate and
rightful candidate whose name appears in a valid nomination made by the
Railway servant. The administration, whether it is Personnel department or
Accounts department, has no authority to overlook a valid nomination and make
payments in some other manner. Therefore, where there is a valid nomination,
the amount should be paid to the nominee and where there is no valid nomination
to members of family in equal shares as laid down under the rules. There is no
rule under which a succession certificate is required to be produced.
This is possible only through verification of records and when records do not
through any light, then a detailed and exhaustive report should be called for
from Welfare Inspector after contacting neighbors, colleagues and supervisors of
the deceased employee. If none of the family members could be located then the
amount lapses to the administration unless any other person brings a succession
certificate.
There are no clear cut guidelines on the subject. If the sanctioning authority is
satisfied about the documentary evidence produced he can sanction the family
pension. Otherwise he can ask some additional proof. The genuineness can also
be got verified by deputing a WI. It should however be ensured that the sanction
is not delayed on account of such verification.
In the PPO format there is a column for indicating the names of all members of
the family eligible to receive the family pension. Therefore, at the time of filling
the forms (by the retiring employee at the time of retirement or the widow after
the death of serving employee) names of all family members, both in Category I
and category II should be got filled up and then reflected in the PPO. However,
the family pension cannot be denied merely on the ground that the names of the
daughters are not reflected in the PPOs.
Only ten percent of DCRG or Rs. One thousand should be withheld towards
arrears of rent etc. If nothing is heard from the rent controlling authority within
one month it will be presumed that there are no dues towards rent, electricity
charges and the withheld DCRG should be released.
Other government dues should be assessed and finalized within one month.
Otherwise the administration is bound to pay interest on the DCRG.
9. On S&WI report.
10. What happens when a court issues succession certificate for the payment of
family pension?
The succession certificate should be ignored and should not be acted upon as
family pension cannot be paid on succession certificate. Such certificates are not
binding on the Head of Office. However, is there is an order from any court to
release the amount of family pension based on succession certificate, and if the
claimant is a person other than the one identified by the Head of Office under the
Rules, such an order should be challenged in appeal.
PETITIONER:
SMT. VIOLET ISSAC AND ORS.
Vs.
RESPONDENT:
UNION OF INDIA AND ORS.
DATE OF JUDGMENT08/02/1991
BENCH:
SINGH, K.N. (J)
BENCH:
SINGH, K.N. (J)
SAWANT, P.B.
CITATION:
1991 SCR (1) 282 1991 SCC (1) 725
JT 1991 (1) 337 1991 SCALE (1)159
ACT:
Civil Services-Pension Rules, 1964-Rule 801-Scope of-Family Pension-
Entitlement of-Persons designated under the Rules entitled -Not employee's
nominee-Whether could be bequeathed.
HEADNOTE:
On the death of a Railway employee, dispute arose among his wife, sons,
daughters and brother for the family pension, gratuity and other emoluments. The
brother of the deceased employee filed a civil suit in-the court of Sub-judge for a
permanent injunction restraining the appellants.---the wife, sons and daughter-
from claiming or receiving any monetary benefits from the Railway
Administration, contending that by a will dated 9.9.1984 of the deceased employee,
he was entitled to receive the benefits to the deceased employee's widow. The
Railway Authority did not pay any amount, as an injunction had been issued by the
Civil Court. The appellants there-upon made an application before the Central
Administrative Tribunal for a direction for the release of the amounts on the
grounds that the will was a forged one, and the beneficiary was not entitled to
receive pensionary benefits. The Tribunal held that since the dispute related to rival
claims based on title arising from relationship, it had no jurisdiction to decide the
same. It also directed transfer of the case to the Civil Court for trial.
In the appeal to this court on the question was: whether family pension payable
under the service rules could be bequeathed by means of a will.
1. Family Pension Rules, 1964 provided for the sanction of family pension to the
survivors of a Railway Employee. Rule 801 provides that family pension
shall be granted to the widow /widower and where there is no
widow/widower, to the minor children of a Railway servant, who may have
died while in service. Under the Rules, son of the deceased is entitled to
family pension until he attains the age of25 years, an unmarried daughter
is also entitled to family pension till she attains the age of 25 years or
gets married, whichever is earlier. The Rules do not provide for payment
of Family Pension to brother or any other family member or relation of
the deceased Railway employee. The Family Pension Scheme under the
Rules is designed to provide relief to the widow and children by way of
compensation for the untimely death of the deceased employee. The
rules do not provide for any nomination with regard to family pension,
instead the Rules designate the persons who are entitled to receive the
family Pension. Thus, no other person except those designated under the
Rules are entitled to receive family pension.
2. The Family Pension Scheme confers monetary benefit on the wife and
children of the deceased Railway employee, but the employee has no
title to it. The employee has no control over the family pension as he is not
required to make any contribution to it. The family pension Scheme is in the
nature of welfare scheme framed by the Railway administration to provide
relief to the widow and minor children of the deceased employee.
3. Since, the Rules do not provide for nomination of any person by the
deceased employee during his life time for the payment of family
pension, he has no title to the same. Therefore, it does not form part of his
estate enabling him to dispose of the same by testamentary dis-position. [The
appellant No. 1, widow of the deceased Railway employee is entitled
to receive the family pension, notwithstanding the will alleged to have
been executed by the deceased on 9.9.1984 in favour of his brother. As
regards appellant Nos. 2 to 6 are concerned, they are not
minors, therefore, under the Rules they are not entitled to any family
pension.
The Railway Administration is free to evict them in accordance with the Rules,
only after arrears of family pension are paid to the widow. Jodh Singh V.
Union of India & Anr., [1980] 4 S.C.C. 306, followed.
The employee Sh. Kishan Joshi of the appellant retired on 31st April, 1982 and he
was getting the pension and also retiral benefits. While getting the pension, he died
on 31.2.2000. The respondent Smt. Rukmani Devi claimed that she is wife of
deceased employee Kishan Joshi and is entitled to family pension after death of her
husband. Her claim was not allowed, therefore, she submitted appeal before the
Central Administrative Tribunal which was dismissed vide Annex.2 dated 19th
Nov., 2008. The respondent - Smt. Rukmani Devi then got the information that her
name already entered in service record of her husband maintained by the employer-
appellant then she submitted an application for review of the said order dated 19th
Nov., 2008, upon which, the tribunal issued notice to the appellant and, thereafter,
held vide order dated 29th Oct., 2009 that the respondent is wife of the deceased-
employee and, therefore, is entitled to family pension. Learned counsel for the
appellant vehemently submitted that neither the appellant had jurisdiction to decide
the status of the applicant-respondent nor the tribunal had jurisdiction to decide and
declare the status of the respondent to be wife of the deceased-employee Sh. Kishan
Joshi. In that view of the matter, the matter could have been decided by the civil
court and that could have been done only when the respondent could have obtained
the declaration that she is wife of the deceased Sh. Kishan Joshi. In view of the above
reasons, the tribunal exceeded its jurisdiction in allowing the review application vide
order dated 29th Oct., 2009.
We considered the submissions of learned counsel for the petitioner and perused the
reasons given by the learned tribunal in its order dated 29th Oct., 2009. We do not
find any force in the submission of learned counsel for the appellant that because the
name of the respondent has not been mentioned by the deceased employee as
nominee for the purpose of grant of family pension or any post retiral benefits,
therefore, only on this ground, the respondent could have been denied any benefit.
The tribunal has relied upon the judgment of the Hon'ble Supreme Court delivered
in the case of Smt. Violet Issaac & Ors. Vs. Union of India & Ors reported in 1991(1)
SCC 725 and it is beneficial to quote the same:
"The Family Pension Scheme under the Rules is designed to provide relief to the
widow and children by way of compensation for the untimely death of the deceased
employee. The Rules do not provide for any nomination with regard to family
pension, instead the Rules designate the persons who are entitled to receive the
family pension. Thus, no other person except those designated under the Rules are
entitled to receive family pension. The employee has no title nor control over the
family pension as he is not required to make any contribution to it. The Family
Pension Scheme is in the nature of a welfare scheme. Therefore, it does not form part
of his estate enabling him to dispose of the same by testamentary disposition. "
(emphasis supplied)
Since the entitlement of a person for family pension depends upon her/his status
and not depending upon the declaration made or submitted by the employee to the
employer mentioning him/her nominee, therefore, the right of the applicant is
required to be decided according to the facts of each case. So far as contention of
learned counsel for the petitioner that the petitioner as well as the tribunal had no
jurisdiction to decide and declare the status of the applicant is concerned, that may
be true in technical sense only to the extent that power does not vest in appellant or
also in the tribunal to issue any declaration about status of any person whether
he/she is married to deceased employee.
So far as the determination of the claim for the purpose of pension is concerned, on
the basis of material available on record, the employer-appellant could and should
have decided about the entitlement of the claim of the applicant. The contention of
the appellant is that since the respondent-applicant Smt. Rukamani Devi was not
shown as wife of the employee by the deceased in service record as well as for any
post retiral benefits during entire service period and even after retirement during the
period when he was receiving pension till he died is absolutely irrelevant for the
purpose of deciding this controversy in view of the judgment of the Hon'ble
Supreme Court delivered in the case of Violet Issaac (supra). The Hon'ble Supreme
Court held that the family pension does not form part of estate of deceased
employee enabling him to dispose of the same by testamentary disposition and the
learned District Judge on application filed by Smt. Rukamani Devi for grant of
succession certificate for the purpose of getting family pension in order dated 6th
Dec., 2001 (Annex.A/12) rightly held that family pension is not the property of the
deceased-employee and, therefore, no succession certificate can be issued for this
property. In fact, it appears that in the opinion of the appellant objection may be two
fold; one is about the identity of Smt. Rukamani Devi and second is that whether she
is wife of deceased employee or not. If these two facts could not have been decided
by the appellant-employer in this case then how the appellant could decide these
issues in all other matters? Whether the appellant employer gets jurisdiction to
decide above two issues if the employee submits the names of his dependent during
the period of service or at the time of his retirement or thereafter? If merely on the
basis of said statement of employee, the department/employer can pay the
pensionary benefits or retiral benefits to the person named by the deceased
employee then whether they gets jurisdiction to decide the identity and status of a
person and that too, merely on the basis of such admission of deceased employee? If
they do so, then also, the employer is not deciding the identity and status of a
person. The above argument of the appellant is also result of myopic approach only.
While advancing such argument, the appellant-employer failed to notice that even if
the employee discloses name of his wife or son or dependant to the employer and is
duly recorded in the service record of the employee throughout service and
continued so even after his retirement till the employee dies and then if the employer
pays and gives the benefit of family pension or any other benefit in accordance with
Rules to that person named in the service record of the employer and disclosed by
the employee itself is not a declaration of status of any person named by the
employee and even accepted by such dependant and the other party, the rightful
owner yet has right to seek declaration from the court of law for getting the benefit
which has already been given/paid to the dependant or nominee of the employee. In
either case when employer accepts the dependants of deceased employee to be
dependent as heir of the employee or rejects that claim they are not making any
declaration. The limited jurisdiction of the employer is to satisfy itself about the
claim of the claimant on the basis of material available on record or produced before
them to substantiate the claim and pass appropriate order. Therefore, it is the
satisfaction of the employer which is material for the purpose of giving the service
benefits to the dependant of the employee after death of employee according to the
rules. By doing so also, they are not declaring about identity or status of any person
Here, in this case, it is worthwhile to mention here that the employee died in the
year 2000 and before that he executed the Will wherein also there is a mention that
he has wife. There is no other claimant also. There is name of Smt. Rukamani Devi in
the service record as wife of the deceased employee. The appellant has placed on
record the copies of the statement of Pradeep Joshi, the son of the deceased
employee recorded in probate proceeding no.19A/2001 for grant of probate for Will
of deceased employee wherein son of the deceased employee admitted that Smt.
Rukamani Devi is his mother and the statement of Smt. Rukamani Devi recorded in
the succession certificate proceedings no.115A/2000 wherein the respondent Smt.
Rukamani Devi's statement and his son's statements were recorded as back as in the
year 2001. The other materials which have been placed on record by the applicant
alongwith the rejoinder filed before the tribunal were sufficient material on the basis
of which the tribunal was justified in holding that the applicant-respondent Smt.
Rukamani Devi is lawfully claimant for the family pension. In these facts and
circumstances of the case, if the issue for limited purpose for grant of family pension
has been decided so as to hold that the applicant is entitled to family pension, we are
not inclined to interfere in the writ jurisdiction so as to deny the benefit of the order
passed by the tribunal for a lady of about more than 80 years. Learned counsel for
the appellant apprehended that in large number of cases such types of claims may be
raised. If it is so, then also, it is of no help to the appellant in any manner because
each case is required to be examined according to the facts of each case and on the
basis of evidence and not on the basis of reason that some relief has been granted to
someone in the facts of that case. Learned counsel for the appellant also has
apprehension that there may be other claimants for the family pension. If it is so,
then the claims of those persons will be decided by civil court in accordance with
law as we have already observed that this decision is for limited purpose of grant of
family pension and not declaration as of status of the respondent that she is wife of
the deceased employee. In view of the above reasons, there is no merit in this writ
petition and the same is hereby dismissed. (DINESH MAHESHWARI), J.
(PRAKASH TATIA),J. cpgoyal/-
CASE OF MUTHAMMAL
Personnel Officer,
Southern Railways,
Tiruchirappalli. .. Appellant
-Vs-
1. Muthammal
2. Anjambu
3. Rajeswari
4. Danokotiammal .. Respondents
Second Appeal against the judgment and decree dated 29.6.2000 made in A.S.
No.143 of 1998 on the file of the Additional District Judge, Villupuram confirming
the judgment and decree dated 27.2.1998 in O.S.No.220 of 1993 on the file of the
Additiona strict Munsif, Villupuram.
!For Appellant : Mr.V.G.Sureshkumar
^For Respondents : Mr.S.Jagannathan
1 to 3 ...
:JUDGMENT
The appellant is the first defendant in the suit. The plaintiffs 2 to 4 and the second
defendant are the respondents herein.
2. The facts leading to the filing of this appeal are set out briefly as under:-
The deceased first plaintiff originally filed the suit for recovery of family pension as
a heir of her deceased son Chakkaravarthy who died while he was in service as
fireman in Southern Railway, Villupuram branch. The appellant/first defendant is
the Divisional Personnel Officer, Southern Railway, Tiruchirappalli who contested
the suit on the ground that the first plaintiff is not entitled to receive the family
pension as prayed for. Since the first plaintiff died pending suit, the plaintiffs 2 to 4
were impleaded as her legal representatives. The wife of the deceased employee,
who was impleaded as the second defendant in the suit, remained absent and was
set ex-parte. Learned District Munsif having analysed the evidence and upon
hearing both sides, decreed the suit as prayed for, but directed the parties to bear
their respective costs. The appellant herein/first defendant preferred the appeal
before the Additional District Judge, Villupuram in A.S.No.143 of 1998 wherein the
appeal was dismissed confirming the judgment and decree passed by the trial court.
Hence, this Second Appeal.
3. Heard Mr.V.G.Sureshkumar, learned counsel appearing for the appellant and
Mr.S.Jagannathan, learned counsel appearing for the respondents 1 to 3.
4. Learned counsel for the appellant/first defendant has submitted the following
contentions:-
(a) The courts below without considering the statutory effect of the Railway Services
(Pension) Rules 1993 held erroneously that the respondents are entitled to the family
pension on account of the death of the said Chakkaravarthy who died in harness
while working as fireman at Villupuram loco shed on 27.9.1986. As per Rule 75 of
the said Rules, the family pension is only payable to the wife of the deceased
employee and to the children and none else is entitled to claim the same. In view of
rule 75, sub-rules 7, 8 and 19(b) of the said Rule, the mother, namely, Jegadambal
who instituted the suit as well as the petition O.P.No.14 of 1990 referred to above is
not entitled to receive the family pension and therefore the plaintiffs 2 to 4 who were
added as legal representatives of the deceased first plaintiff are not entitled to the
suit claim.
(b) The order obtained by the first plaintiff in S.O.P.No.14 of 199 0 is with reference
to personal right and therefore the plaintiffs 2 to 4 as daughters cannot claim any
right on the basis of the said order for the simple reason that the first plaintiff died
pending suit on 16.12.1993. Hence, both the courts below failed to appreciate the
above contention raised by the first defendant in the suit. Further the second
defendant widow was employed by the first defendant on compassionate grounds
recognising her as the legally wedded wife of the deceased employee and therefore
the courts below erred in decreeing the suit as prayed for.
5. In the above circumstances, the following substantial questions of law were
formulated for consideration:-
(1) Whether P. Jagadambal the mother of the deceased railway employee and
consequently the respondents 1 to 3 as her legal heirs are entitled to family pension
in respect of the deceased railway employee when they are not entitled to claim
family pension in view of Rule 75, sub rule 7, 8 and 19(b) of the Railway Services
(Pension) Rules, 1993 ?
(2) Whether the courts below erred in holding that the finding given in S.O.P.No.14
of 1990 would operate as res judicata in the present proceedings, especially when the
effect of the statutory bar under the Pension Rules, though raised in the said
proceeding S.O.P.No.14 of 1990 had not been considered by the court below and a
finding given?
(3) Whether the order made in succession O.P.No.14 of 1990 on the file of the District
Munsif, Villupuram in favour of P.Jagadambal is a personal right which is not
heritable unless further orders are obtained?
6. In view of the admitted facts of the case, as narrated above, the main question for
consideration in this appeal is whether the respondents 1 to 3 as legal
representatives of the deceased mother of the railway employee are entitled to claim
family pension in view of Rule 75 sub-rules 7, 8 and 19(b) of Railway Services
(Pension) Rules, 1993 which read as follows:-
"75. Family Pension Scheme for railway servants, 1964:-- .. .. ..
(7)(i)(a) Where the family pension is payable to more widows than one, the family
pension shall be paid to the widows in equal shares. (b) On the death of a widow,
her share of the family pension, shall become payable to her eligible child:
Provided that if the widow is not survived by any child, her share of the family
pension shall not lapse but shall be payable to the other widows in equal share, or if
there is only one such other widow, in full, to her. (ii) Where the deceased railway
servant or pensioner is survived by a widow but has left behind eligible child or
children from another wife who is not alive, the eligible child or children shall be
entitled to the share of family pension which the mother would have received if she
had been alive at the time of the death of the railway servant or pensioner: Provided
that on the share or shares of family pension payable to such a child or children or to
a widow or widows ceasing to be payable, such share or shares shall not lapse but
shall be payable to the other widow or widows or the other child or children
otherwise eligible in equal shares, or if there is only one widow or child, in full, to
such widow or child. (iii) where the deceased railway servant or pensioner is
survived by a widow but has left behind child or children from a divorced wife or
wives, such child or children of they satisfy other conditions of eligibility for
payment of family pension shall be entitled to the share of family pension which the
mother would have received at the time of the death of the railway servant or
pensioner had she not been so divorced:
Provided that on the share or shares of family pension payable to such a child or
children or to a widow or widows ceasing to be payable, such share or shares shall
not lapse but shall be payable to the other widow or widows and or to other child or
children otherwise eligible, in equal shares, or if there is only one widow or child, in
full, to such widow or child.
(8)(i) Except as provided in clause (d) of sub-rule (6) and clause (i) of sub-rule (7), the
family pension shall not be payable to more than one member of the family at the
same time.
(ii) If a deceased railway servant or pensioner leaves behind a widow or widower,
the family pension shall become payable to the widow or widower, failing which to
the eligible child.
.. .. ..
(19)(b) For the purpose of this rule, & quot;family", in relation to railway
servant, means--
(i) wife in the case of a male railway servant or husband in the case of a female
railway servant;
(ii) a judicially separated wife or husband, such separation not being granted on the
ground of adultery and the person surviving was not held guilty of committing
adultery;
(iii) son who has not attained the age of twenty-five years and unmarried daughter
who has not attained the age of twenty five years, including such son and daughter
born after retirement or adopted legally before retirement but shall not include a son
or daughter adopted after retirement;& quot;
7. In view of the said provisions which have got statutory force, learned counsel for
the appellant has straight away drawn the attention of this Court to the decision of
the Supreme Court, VIOLET ISSAAC v. UNION OF INDIA (1991 (1) S.C.C. 725) in
support of his contention that only the widow and minor unmarried children of the
deceased employee are entitled to family pension under the Rules and that none else
is entitled to claim family pension either on the basis of a bequest or under any other
document obtained on that behalf. The ratio laid down in paragraph (4) in the said
decision may be set out hereunder to appreciate the evidence of this case.
" The Family Pension Scheme under the Rules is designed to provide relief to
the widow and children by way of compensation for the untimely death of the
deceased employee. The Rules do not provide for any nomination with regard to
family pension, instead the Rules designate the persons who are entitled to receive
the family pension. Thus, no other person except those designated under the Rules
are entitled to receive family pension. The Family Pension Scheme confers monetary
benefit on the wife and children of the deceased Railway employee, but the
employee has no title to it. The employee has no control over the family pension as
he is not required to make any contribution to it. The family pension scheme is in the
nature of a welfare scheme framed by the Railway administration to provide relief to
the widow and minor children of the deceased employee. Since the Rules do not
provide for nomination of any person by the deceased employee during his lifetime
for the payment of family pension, he has no title to the same. Therefore, it does not
form part of his estate enabling him to dispose of the same by testamentary
disposition."
8. On a careful reading of the rules referred supra in the light of the principle of law
enunciated in the said decision rendered by the Apex Court, it is abundantly clear
that in this case also, the plaintiff cannot claim any right to receive family pension on
the basis of the succession certificate issued by the District Munisf, Villupuram in
S.O.P.No.14 of 1990 as the family pension is payable only to the widow, namely, the
4th respondent herein/second defendant in the suit, who remained exparte in the
said proceedings for the issuance of the succession certificate. Moreover, the
deceased employee had no right or control over the family pension as he did not
make any contribution to it and therefore the same could not be considered as part
of his estate to be succeeded on the basis of the succession certificate issued by the
court. In any view of the matter, it cannot be said that the deceased first plaintiff is a
family member to receive family pension (vide) Rule 75(19)(b) of the Railway
Services (Pension) Rules 1993. It follows that the respondents 1 to 3 herein/plaintiffs
2 to 4 as legal representative of the deceased first plaintiff cannot also lay any claim
for the same.
9. Though the learned counsel for the respondents 1 to 3 has placed strong reliance
on the decision rendered by the supreme Court in SARBATI DEVI v. USHA DEVI
(AIR 1984 S.C. 346) in support of his contention that the nominee shown in the
service records of the deceased employee is not the only person authorised to receive
the terminal benefits and that therefore the first plaintiff as mother and legal heir of
the deceased employee is also entitled to claim family pension. On facts, it appears
that the question in respect of the nomination made in the life insurance policy came
up for consideration before the Supreme Court and in that context, it was held that
as per the provision under Section 39 of the Insurance Act (Act 4 of 1938), the
nominee does not get absolute right to the amount due under the policy.
10. But on the contrary, the facts of this case are entirely different and therefore the
Rules referred to above which have certainly got statutory force are mandatory in
nature and therefore the appellant being the employer cannot disburse family
pension apart from such mandatory provisions under the said Rules. Hence it
follows that the succession certificate obtained by the deceased first plaintiff cannot
at any stretch of imagination prevail over the statutory Rules of the Railway Services
referred to above.
11. Though the learned District Judge in the judgment rendered by him in the first
appeal held that the order passed by the court below in S.O.P.No.14 of 1990 operates
as res judicata, such finding does not appear to be based on any principle of law or
precedent of authority. In this context, learned counsel for the appellant has drawn
the attention of this court to the decision V.K.KAMALAM v. PANCHALI AMMA
(AIR 1988 KERALA 265) wherein it was held that the proceedings for grant of
succession certificates which are summary nature cannot operate as res judicata in
the subsequent litigation. Therefore, this Court is of the view that such finding
rendered by the first appellant court is also liable to be set aside.
12. For the reasons stated above, this Court is of the considered view that both the
courts below have not appreciated the question of law in the context of the facts and
circumstance of the case in the light of the evidence in a proper perspective so as to
arrive at the correct conclusion. Therefore I am of the opinion that the judgments and
decrees passed by the courts below are liable to be set aside.
19. Thus the Second Appeal is allowed setting aside the judgments and decrees
passed by the courts below and the suit shall stand dismissed, but without costs.
However, the parties herein are directed to bear their respective costs.
dpp
To
1. The Additional District Judge, Villupuram.
2. The Additional District Munsif, Villupuram.
3. The Section Officer, V.R.Section, High Court, Madras.
Important
The system is mandatory for all govt. servants who joined govt. service [&
Autonomous Bodies under the various Central Ministries (RBE 53/12 & 89/12)] on
or after 1.1.2004 on regular basis. It has two tier i.e. tier I & II. In tier I, government
servant shall compulsorily make a contribution at the rate of 10 % of Basic pay (BP) +
Dearness Allowance(DA)& a matching contribution will be made by the Govt. The
contributions & the investment returns would be deposited in a non- withdrawal
pension tier I account. At present at least 85% of pension wealth is invested in debt
instruments and upto 15% in equity and equity linked mutual fund.[RBA 31/10]
The existing provisions of pensionary benefits & State Railway Provident Fund
(SRPF) / Government Provident Fund (GPF) , would not be available to the new
recruits in the Central Govt. Service, joining govt. service on & after 1.1.2004.
No deduction shall be made towards SRPF/ GPF Contribution from the Railway
Servant joining service on or after 1.1.2004, as the scheme is not applicable to them.
At the time of appointment, Railway Servant has to furnish the particulars; Viz;
name, designation, scale of pay, date of birth, nominee for the fund etc., in the
prescribed form.
Prescribed form will be retained in the service book of the employee, Associate bill
passing Accounts Officer will allot a unique 16 digit Permanent Pension Account
Number (PPAN) as under: -
1st to 4th digit Calendar Year in which the account is opened (To be allotted
by Railway).
5th digit Ministry Code as allotted by CGA (Code no "5" has been allotted To
Railway by CGA).
6th to 8th digit Zone/Production unit code (As per FIMS programme to be
allotted By FA & CAOs themselves prefixing "0" to the existing 2 digit Rly (
For Example 3 digit numerical code for ECR will be 030).
9th to 11th digit Associate Accounting unit codes to be allotted by FA &
CAOs them-Selves starting from 001.
In order to implement the system, there will be a Central Record Keeping Agency
(CRA) & several Pension Fund Managers to offer 3 categories of schemes to Govt.
servant viz; option A, B & C based on ratio of investment in fixed income
instruments & equities.
Subscriber will have the option to actively decide as to how his NPS pension wealth
is to be invested in the following three options:
Subscriber can choose to invest his entire pension wealth in C or G asset classes
and up to a maximum of 50% in equity (Asset class E). He can also distribute his
pension wealth across E, C and G asset classes, subject to such conditions as may
be prescribed by PFRDA.
In case he decide to actively exercise his choice about investment options, he shall be
required to mandatorily indicate his choice of Pension Fund from among the six
Pension Funds appointed by PFRDA.
NPS offers an easy option for those participants who do not wish to specify the
allocation for their NPS investments. In case he is unwilling to exercise any choice,
his funds will be invested in accordance with the Auto Choice option.
In this option the investment will be made in life-cycle fund. Here, the percentage of
funds invested across three asset classes will be determined by a pre-defined
portfolio. At the lowest age of entry(18 years), the auto choice will entail investment
of 50% of pension wealth in "E" Class, 30% in "C" class and 20% in "G" Class. These
ratios of investment will remain fixed for all contributions until the participant
reaches the age of 36. From age 36 onwards, the weight in "E" and "C" asset class will
decrease annually and the weight in "G" class will increase annually till it reaches
10% in "E", 10% in "C" and 80% in "G" class at age 55.
The benefit of encashment of leave in terms of Railway Leave Rules will continue to
beapplicable to the govt. servant who join the govt. service on or after 1.1.2004.The
benefit ofencashment of leave payable to the govt. servant / to their families on
account of retirement /death will also be admissible. [RBA19/04]
The contributions payable by the govt servants & those paid by the govt. in tier- I
should be rounded off the nearest rupees.[RBA19/04]
The office that will draw salary for maximum period of month will make recoveries
of contribution towards NPS for the full month.[RBA19/04]
NPA shall count as "PAY" for all service benefits. Therefore, this will be taken into
account for working out the contributions towards the NPS.
A Govt. servant who was already in service prior to 01.01.2004 and appointed in a
different post under the Govt. of India after giving technical resignation, will be
governed by the Pension Rules.[RBA19/04]
Under NPS, there is no concept of qualifying service & the employee would carry (in
case of joining another govt. service after technical resignation ) the same PRAN &
the contribution towards NPS. [Rly. Bds (Director Finance/CCA) L.No.-
2009/ACII/21/9 dt. 10.12.09]
Exit for tier- I, can only take place when an individual leave govt. service. As the
NPS is based on define contributions, the length of Qualifying Service (QS) for the
purpose of retirement benefits has lost its relevance. Consequently, no credit to
casual labour service i.e. counting of service rendered under temporary status, for
the purpose of retirement benefits after their regularizing against Group "D" posts
on or after 1.1.2004[RBE 205/04]
Every subscriber shall subscribe monthly to the NPS when on duty or Foreign
Service but not during the period of suspension. On exoneration or otherwise, the
amount of subscription shall be the emoluments to which he was entitled on the first
day after his return to duty. If a subscriber elects to pay arrears of subscription in
respect of a period of suspension, the emoluments or portion of emoluments that
may be allowed for that period on reinstatements shall deemed to be emoluments
drawn on duty.[RBA 11/09]
If a subscriber is on half pay leave than subscription of the employee & govt. would
be restricted to that proportionate to leave salary.[RBA 11/09]
All new entrants who join service on or after 1.4.2009 have to fill the application for
allotment of Permanent Retirement Account Number (PRAN) & submit the same to
the drawing officer The drawing officer would then forward it to National Securities
Depository Limited (NSDL) for generation & allotment of PRAN & dispatch of
PRAN Kit which would be handed over to the subscriber. Further ,the PRAN
number may be indicated in Service Book & LPC in case of transfer. [RBE 30/09]
Any subscriber in NPS having an active Tier I account has the option to open an
investment and trading account referred to as "Tier II account".
Due to hardships being faced by the employees appointed on or after 1.1.2004 &
who are discharged on invalidation / disablement and by the families of such
employees who have died during service since 1.1.2004, the following benefits (in
modification of instructions contained in RBA No. 39/2006) to Central Civil
Government Servants covered by the New Pension Scheme, on provisional basis
till further order-[RBA 31/09,18/10 & 21/13]
The employee / his family will also be paid Dearness Pension / Dearness Relief
admissible from time to time in addition to the above benefits, on provisional basis.
The above provisional payments will be adjusted against the payments to be made
in accordance with the Rules framed on the recommendations of the HLTF and
recoveries, if any, will be made from the future payments to be made on the basis of
those rules.
Ex -Gratia Payment
Ex -Gratia Payment to the SRPF (C) Beneficiaries who fulfills laid down conditions
will be eligible ex - gratia payment at the rate of Rs 600/- plus DR per month w.e.f.
1.11.97.
1) Who retired between the periods from 1st April 1957 to 31st December 1985
subject to the condition that ex employee should have rendered at least 20 years
of continuous service prior to their superannuation.
2) Who have been sanctioned ex- gratia in terms of these instructions, are also
entitled to Dearness Ex-gratia & Dearness Relief as per the instructions issued
from time to time.
3) SRPF (Contri.) surviving retired railway servant of all groups who were
drawing ExGratia amount w.e.f. 1.11.2006 & expires then ExGratia amount
[email protected]/-+DEG+DR to eligible successor of all groups [RBE 170/06]
4) CPF beneficiaries who retired voluntarily or medical invalidation before 01.01.86
after completing 20 yrs of continuous service would also be eligible for the ex-
gratia payment.[RBE 69/13]
PROVIDENT FUND
Railway servant shall be entitled for total balance on the date of retirement/death
/resignation / removal / dismissal plus interest thereof at the prevailing rate Rly
employees can withdraw 90 % of his PF balance two years before the date of
retirement.
Where only minor children are there in the deceased family than payment will be /
is made to the legal guardian. In Hindu religions mother & in Mohammedans father
is a natural guardian.
Christians & others are governed by Indian Guardianship Act 1925. Payment on this
account will be made to the Legal Guardian on the production of guardianship
certificate.
This scheme is linked with the amount balance in the provident fund account of the
employee at the time of demise while in service. There is no extra subscription
required towards DLI.
Under this scheme an additional amount equal to the average PF balance in the
account during the three years immediately preceding the death of subscriber is
payable subject to the condition that amount should not exceed Rs 60, 000/-
The balance at the credit of such subscriber shall not at any time during the three
years preceding the month of death have fallen below the limits of: - (These orders
are effective from06.06.2009.) [RBE 221/09]
1) Rs 25,000/- in case of subscriber holding a post in the Pay Band-2 (Rs. 9300-
34800) or above and drawing a Grade Pay of Rs. 4800/- PM or more as per
Railway Services(Revised Pay) Rules 2008.
2) Rs 15, 000/- in case of subscriber holding a post in the Pay Band-2 (Rs. 9300-
34800) and drawing a Grade Pay of Rs. 4200/- PM or more but less than Rs.
4800/- PM as per Railway Services (Revised Pay) Rules 2008.
3) Rs 10, 000/- in case of subscriber holding a post in the Pay Band-2, Pay Band-1
or Pay Band-1S (Rs. 4440-7440) and drawing a Grade Pay of Rs. 1400/- PM or
more but less than Rs. 4200/- PM as per Railway Services (Revised Pay) Rules
2008.
4) Rs 6, 000/- in case of subscriber holding a post in the Pay Band-1S (Rs. 4440-
7440) and drawing a Grade Pay of Rs. 1300/- PM or more but less than Rs. 1400
PM as per Railway Services (Revised Pay) Rules 2008.
Date of effect: The scheme was notified on 1st Nov.1980 & come into force with
effect from the forenoon of 1stJan.1982.
Objective
The scheme is intended to provide for Central Government Employees at a low cost
& on a wholly contributory &self-financing basis, the twin benefits of an insurance
cover to help their families in the event of death in service & a lump-sum payment to
augment their resources on retirement.
Application
The scheme shall apply to all Central Govt. Servants including those in Railways.
Casual Labourer, part- time & adhoc employees will not be covered by the scheme.
The scheme will also not apply to persons recruited under the Central Govt. after
attaining the age of 50 years.
Membership
The scheme will be compulsory for all those employees who enter Central Govt.
service after 1st Nov.1980. Those employees who were in Central Govt service- on
the dated the scheme was notified, had an option to opt. out of the scheme by 31st
Jan. 1981. Those employees who did not opt for out of the scheme by that date were
deemed to have become members of the scheme from the date the scheme came into
force. Those employees who had opted out of scheme were, however, allowed
further opportunities on 27.10.1986.No further choice is available to the employees
who failed to avail themselves of the opportunity given on 27th Oct.1986. After the
scheme has come into force all employees who enter service on or after 2nd Jan of
any year shall be enrolled as members of the scheme on the next anniversary of the
scheme
The subscription for the scheme will be in units of Rs.10/-P.M. till 31st Dec.1989.
There after with effect from 1st Jan.1990 the subscription for the scheme will be in
unit of Rs15/-P.M. Group D employee will subscribe for one unit 15x1=15/-P.M.
Group C employee will subscribe for two units 15x2=30/-P.M. Group B employee
will subscribe for four units 15x4=60/-P.M. Group A employee will subscribe for
eight units 15x8=120/-p.m.
Once a person has been admitted to a higher Group, the rate of subscription will
continue at the same level even if that person revert to a post in the lower Group
later on for any reason.
Note
(i) In case of Group "B" officers officiating in Senior Scale on adhoc basis, the
officiating arrangement may be treated as regular for the sole purpose of
giving coverage under CGEHIS as admissible to Group "A" officers. [RBE
109/03
(ii) Erstwhile group „D' employees placed in PB-1, with grade pay 1800 and
classified as Group „C' vide RBE No. 05/2010 will be enhanced @ 30/- per
month w.e. from 01.01.2011 [RBE 145/10]
The employees entering service on or after 2nd Jan. of any year will be given benefit
or appropriate insurance cover from the date of joining Govt. Service to the date of
their becoming the members of the scheme on payment of a subscription of Rs 5/-,
10/-, 20/-& 40/- P.M. as the premium on every Rs15000/-, 30000/-, 60000/- &
120000/- respectively of the insurance cover. From the date of anniversary of the
scheme they will subscribe as the rate indicated above.[RBE 276/89]
SAVING FUND
The balance of the subscription shall be credited to a Saving Fund. The total
accumulation of Savings together with interest thereon will be payable to the
member on his retirement after attaining the age of superannuation or on cessation
of his employment or to his family on his death while in service. The payment of
amount of insurance will be in addition to the payment from the saving fund.
RECOVERY OF SUBSCRIPTION
The subscription shall be recovered every month including the month in which the
employee ceases to be in employment on account of retirement, death, resignation,
removal, etc.
The subscription as a premium for the insurance cover from the date of joining Govt.
Service to the date of membership of the scheme shall initially fall due from the date
of joining & subsequently from the commencement of normal working hours on the
first of every month. The subscription shall be recovered from the employees
irrespective of their being under suspension.
If an employee ceases the Govt. Service., payment of the Saving Fund will be made
after obtaining a simple application.
If an employee dies while in service nominees of the Govt. Servant concerned have
to submit an application for payment of insurance &the accumulation in the saving
fund to them. In the event of death of a member of the scheme while in service, if a
person, who is eligible to receive insurance amounts, is charged with offence of
murdering the member of the scheme or abetting in the commission of such an
offence, his/her claim to receive insurance amounts shall remain suspended till the
conclusion of the criminal proceedings instituted against such a person concerned. If
he/she is convicted for the murder or abetting in the murder, he/she shall be
debarred from receiving his/her share of insurance amounts, which shall be paid in
equal to the other eligible persons. However, on the conclusion of the criminal
proceedings, if the person concerned is acquitted of the charge of murdering or
abetting in the murder, his/her share of insurance amounts shall be paid to him/her
without any interest thereon
If a member of the scheme is missing & has not been traced, the insurance cover shall
be paid to the nominees/heirs of the missing person after expiry of a period of 7
years following the month of disappearance of the member provided the claimants
produced proper & indisputable proof of death or a decree of the court that the
employee concerned should be presumed to be dead as laid down in Section 108 of
the Indian Evidence Act. Subject the fulfillment of the following conditions;-
(i) If a member of the scheme is missing & has not been traced, the family must
lodge a report with the concerned police station & obtain a report that the
employee has not been traced after all efforts had been made by the police.
(ii) An indemnity bond shall be taken from the members/heirs of the employee
that all payments shall be adjusted against the payment due to the employee
in case he/she appears on the scheme & make any claim.
(iii) The accumulation in the saving fund may, however, be paid to the
nominees/heirs after lapse of a period of one year following the month of
disappearance. Insurance amount shall be paid to the nominees/heirs of the
missing employee subject to the fulfillment of condition mentioned above
even if the date of superannuation of the missing employee falls before the
expiry of the period of seven years following the month of disappearance
(iv) After a period of one year, following the month of disappearance of missing
employee the premium for insurance cover at the rate of Rs.4.50/-per month
for every Rs.15000/-. Of the insurance cover will be recovered for a further
period of six years or till the month in which insurance cover is paid,
whichever is later.
NOMINATIONS
family. For this purpose, family will have the same meaning as assigned to it
in the General Provident Fund (Central Services)Rules 1960.
(iii) If a female member of the scheme by notice in writing expresses her desire to
exclude her husband from her family, the husband shall henceforth be
deemed to be no longer a member of her family in matters to which the
scheme relates, unless she subsequently cancels such notice in writing.
(iv) Nominated member (S) of the family subsequently ceases to be the member
(S) of the family e.g. minor brother crossing the age of majority, marriage of
unmarried sister, and remarriage of widow before payment of insurance
amounts etc. nomination made in favour of such member (S) shall become
invalid.
(v) If nomination is not made by the employee for this scheme, the nomination if
made under GPF RULES may be accepted for this purpose.
(vi) Where there is no nomination even for GPF, amounts payable under the
scheme shall be paid in equal share to widow/widows, minor son(s) &
unmarried daughter(s). In case of minor son(s) & unmarried daughter(s), their
mother, who is not a Muslim lady, shall be deemed to be the natural
guardian. Guardianship certificate has to be produced by the minor sons
&daughters of a Muslim lady.
(vii) In the absence of eligible member(s) payment may be made on the basis of
Succession Certificate issued by competent court.
(viii) Interest is not payable on delayed payment of CGEGIS & leave Salary as they
are not in the nature of retirement benefits. CGEGIS payment cannot be
withheld & no govt. dues can be recovered from the accumulation except the
amount claimed by the financial institution as due from the employee on
account of loan taken for house building purpose[RBE15/2000 & 72/12]
Railway Servants (Hours of Employment ) Rules 1961 has been amended to the
Railway servants (Hours of Work and period of Rest) Rules 2005 by G.S.R.75, 28th
February 2005, - In exercise of the powers conferred by section 136 of the Railway
Act, 1989 ( 24 of 1989) the Central Government makes the following rules, namely :-
PART-I
(2) Definitions -
Provided that the Head of the Railway Administration may, in his discretion,
delegate the power vested in him under this sub-rule to the Chief Personnel
Officer.
Provided further that during the period of emergency such as flood, accident,
the power vested in the competent authority can be exercised by an officer not
below the rank of senior scale.
2) A copy of every declaration made by the prescribed authority under sub-rule
(1)shall, as soon as may be, sent to the Regional Labour Commissioner
concerned and, in case the declaration is made by an officer other than the
Head of the Railway Administration, to the Head of the Railway
Administration or the Chief Personnel Officer, as the case may be.
4)
a. Railway servants having essentially intermittent class of employment shall
be called upon to work as per rule 8(2) (ii) additional hours as indicated
below :-
6) The time determined under sub-rule (5) shall be added to the standard hours
of duty of the staff in all the various classifications subject to maximum limit
prescribed below :-
a. when employment is intensive 3 hours a week;
b. when employment is continuous 6 hours a week;
c. when employment is essentially intermittent :-
i. Gatemen 'C', Caretakers of Rest Houses and Reservoirs, Chowkidars, Saloon
Attendants and those posted at road-side Stations and provided with
residential quarters within500 meters from their place of duty 3 hours a
week;
ii. Railway servants other than those mentioned in sub-clause (i) 4 V2
hours a week.
7) The time required for preparatory or complementary work by the running
staff shall be deemed to be 4 hours a week.
Notes:
i. Where the time assessed for doing preparatory or complementary
work is under 15 minutes per day, the same shall not be treated as duty
and shall not be exhibited in the roster.
ii. In the case of employment of a 'continuous' nature, the time assessed
fordoing 'preparatory or complementary work, between 15 minutes
and less than 45 minutes per day should be treated as half an hour's
work and such time between 45 minutes and one hour per day should
be treated as one hour's work.
iii. In the case of intensive and essentially intermittent categories of
employment, such time assessed between 15 minutes to 30 minutes per
day shall be treated as half an hour's work.
iv. The time assessed for the work mentioned in Note (iii) shall be
reflected in the duty rosters of the concerned railway servants.
v. Total hours for preparatory or complementary work or both shall be so
fixed to ensure that the overall duty hours do not exceed the limits
prescribed for respective classification in Section 132.
8) Where Railway servants are required to perform split duty, such duty shall be
subject to the following conditions, namely :-
a. the spells of duty shall not exceed three and the number of breaks shall be
limited to two;
b. in the case of an employment of 'continuous' nature, the railway servant
whose place of residence is beyond 1.06 KMs from the place of duty, seven
hours of split duty shall be treated as equivalent to eight hours of normal
duty.
9) While preparing rosters, 'long on' or 'short off shall, accordingly, be avoided.
10) Where, in accordance with the provisions of sub-section (4) of Section 132 or
sub-section (3) of Section 133 and in the circumstances mentioned therein, a
Railway servant is called upon by an order of temporary exemption made
under Rule 9 below by the competent authority to render duty beyond the
hours of work fixed in accordance with the foregoing sub-rules or beyond the
hours prescribed in Sub-section (1), (2) and (3) of the Section 132, it shall be
the duty of the Railway servant concerned to render such extra hours of duty.
1) Where a Railway servant is required to render extra hours of duty beyond the
rostered hours fixed in accordance with rule 8 or beyond the limits specified
for different classes of Railway servant under section 132, he shall be paid
overtime for such extra hours of work, subject to the principle of averaging as
specified in sub-rule (2).
2) Averaging shall be done by averaging of the hours of work over the
averaging periods as specified in Section 132 which has been adopted to
provide a reasonable measure of elasticity as essential in railway working for
certain classes of Railway servants and it shall apply to -
i. running staff;
ii. operating staff;
iii. shift workers; and
iv. those other Railway servants whose work is connected with the work of
any of the categories of Railway servants mentioned in clauses (i), (ii) and
(iii).
3) Subject to the provisions contained in sub-section (4) of Section 132, payment
of overtime for excess hours of work shall be made as under :-
i. for the excess hours of work rendered by a Railway servant between the
limits of prescribed rostered hours of work and the hours prescribed in
Section 132, during the relevant averaging period, payment shall be made
at 1 V2 times the ordinary rate of pay; and
ii. for the excess hours of work rendered beyond the limits prescribed in
Section 132,payment shall be made at two times the ordinary rate of pay.
4) The hourly rate of overtime shall be worked out on the basis of rostered hours
over the relevant averaging period as under :-
i. Hourly rate of pay (for Period of averaging 1/30 of
staff governed by No. of rostered hours of monthly
x
Averaging Principle) work in the averaging paid ordinary rate of
pay
The particulars of all extra hours of work done by a Railway servant beyond the
prescribed rostered hours of duty shall be recorded in a register to be
maintained in Form 'A' appended to these rules by the authorised officer .
No Railway servant in respect of whom an exemption has been made under rule
9 shall be required to work for more than fourteen days without a period of rest
and shall be provided with compensatory rest within this period.
Every Railway Administration shall send each financial year a return in Form 'B'
appended to these rules, so as to reach the Regional Labour Commissioner not
later than the 15th day of May following the end of the financial year to which it
relates.
(18) The Railway Servants (Hours of Employment) Rules, 1961 and any orders
issued there under in so far as they are inconsistent with these rules, are
hereby repealled;
Provided that –
1) such repeal shall not affect the previous operation of the said rules or any
orders made or anything done or any action taken there under;
2) nothing in these rules shall be construed as depriving any person to whom
these rules apply, of any right of appeal which had accrued to him under the
rules or orders in force before the commencement of these rules.
3) An appeal pending at the commencement of these rules against an order
made before such commencement shall be considered and orders thereon
shall be made in accordance with these rules as if such orders were made and
the appeals were preferred under these rules.
4) as from the commencement of these rules any appeal or application for
review against any orders made before such commencement, shall be
preferred or made under these rules as if such orders were made under these
rules.
Amount
Reason Number of Reasons for Signature of
Compulsory of
for hours for granting temp. sub incharge
rest granted overtime
working which exemption under granting Remarks
Date From paid and
extra overtime section 132(4) exemption
TO date of
hours payable and 133 under rules
payments
10 11 12 13 14 15 16
Place
Date:
To,
The Regional Labour Commissioner (Central)
JOB ANALYSIS
(RB's letter No. E(LL) 73 HER / 33 Pt. A. II dated 28.06.1974)
While first three methods have the advantage of quickness, particularly when
the requirement is to obtain temporary result, the last method i.e. factual job
analysis is preferred by the tribunal as the most suitable
During the job analysis the period of Action as per duty list provided and inaction
is to be noted. The following guide line be observed during factual job analysis.:-
After completion of job analysis, the date in matter, job analysis sheet should
be discussed with Senior Supervisor concerned & comment, if any be
incorporated in the job analysis [ NR No. 3E/317/RLT-1969 (Adj) dated
20.07.74, 3E/116/Pt.II 7A (Adj) dated 23.03.82, 3E/317/RLT-1969 (Adj) dated
04.10.74 ]
The report on the basis of job analysis sheet should be prepared for
recommendation of a clarification. It should be got agreed with the executive
officer. If any clarification warrants change then the proposal should be sent
to concerned Account department for its concurrence. After concurrence, it
should be sent to DRM for his approval.
After the approval of DRM, the recommendation should be sent to "P" Branch
in HQ's office, who, in turn will send it to concerned HOD. If the HOD agrees
with the recommendation then it will be sent for concurrence of FA&CAO.
On behalf of GM, CPO can accept the recommendation, if it is downgraded
the classification i.e. "I" to "C" or "C" to "EI". But if the classification is
proposed to be upgraded, then approval of the General Manager is required.
Railway servants acquiring disability during service & declared medically unfit are
divisible into two groups.-
1. Those completely disabled for further service in any post in the Railway, i.e.
those who cannot be declared fit even in the "C" medical category., and
2. Those disabled/incapacitated for further service in the post they are holding
but declared fit in a lower medical category and eligible for retention in
service in posts corresponding to this lower medical category. [Para-
1302]The Railway servants both in above Group 1 & 2 ceases to perform the
duties of the post they are holding from the date they are declared medically
unfit for the present post. No officer has the authority to permit the Railway
servant concerned to perform the duties in the post beyond that date. If such a
Railway servant cannot be immediately adjusted against or absorbed in any
suitable alternative post, he may be kept on a special supernumerary post in
the grade in which the concerned employee was working on regular basis
before being declared medically unfit pending location of suitable alternative
employment for him with the same pay scale and service benefits; efforts to
locate suitable alternative employment starting immediately. The special
supernumerary post so created will stand abolished as soon as the alternative
employment is located.
Those Railway servants who are declared unfit even for the lowest medical category,
may be absorbed in a post / category identified as suitable for employment of
physically handicapped persons and fresh recruitment to that post/category from
open market from amongst physically handicapped withheld. In case the alternative
post is not carrying the requisite pay scale, a supernumerary post may be created in
appropriate scale of pay & the employee adjusted against the same keeping the
lower grade post vacant by withholding fresh recruitment their to. The
supernumerary post so created to accommodate a disabled/medically incapacitated
employee shall stand abolished as soon as a suitable post in the appropriate scale is
found for the Railway servant concerned or the post is vacated by him for other
reasons, whichever is earlier.
addressed through the immediate officer of the Railway servant concerned &
must contain full particulars of his service & must be forwarded to the officer
to whom addressed or to the authority competent to make the appointment.
The result of the application must be intimated to the Railway servant
6. A register containing the names of all Railway servants declared medically
unfit and to be absorbed in alternative posts will be maintained by
headquarters, Divisional and other extra Divisional offices. Theseregisters will
contain not only the names of the staff of the particular division etc., but also
the names will be notified to the unit officer concerned by other units/offices.
This will not, however, absolve officers under whom the Railway servant was
last working from continuing their efforts to find suitable employment for the
disabled medically decategorised employee. The particulars required to be
maintained in registers and notified to other officers in accordance with the
instructions above are as follows.:-
A. Serial number.
B. Date on which incapacitated.
C. Name & Father's name.
D. Post last held on regular basis with scale of pay and rate of pay.
E. Educational qualifications - If no educational qualifications, then general
remarks regarding knowledge of English, Regional Language etc.
F. Medical category in which placed.
G. Details of special supernumerary post till absorption in alternative
appointment. [Para-1303]
H. Date from which absorbed in alternative appointment.
I. Nature and category of alternative appointment.
J. Scale of pay of the alternative post and the pay fixed at.
K. Details of supernumerary posts, if any after absorption in alternative
appointment.
L. Remarks. [Para-1305]
In order of determine the same scale of pay for the purpose of absorbing a
disabled/medically decategorised running staff in the alternative employment, an
amount equal to such percentage of pay in lieu of running allowance as may be in
force may be added to the minimum and maximum of the scale of pay of the
running staff. If the scale of pay so arrived at is not identical with the scale of pay
already existing, the same may be replaced by the equivalent existing scale of pay.
FIXATION OF PAY:
The pay of the disabled/medically decategorised Railway servants will be fixed on
absorption in an alternative post at a stage corresponding to the pay previously
drawn in the post held by them on regular basis before acquiring
disability/medically decategorisation. For running staff, the fixation will be based on
the basic pay plus a percentage of their basic pay, representing the pay element of
running allowance as may be in force.
If the basic pay so arrived at does not correspond to any stage in the absorbing
grade, the pay may be fixed at the stage just below and the difference allowed as
personal pay to be absorbed in future increase in pay. Similarly, if the pay so arrived
at exceeds the maximum of the absorbing grade, the pay may be fixed at the
maximum and the difference may be allowed as personal pay to be absorbed in
future increments/increases in pay. Other allowances such as Dearness Allowance,
City Compensatory Allowance and House Rent Allowance should be allowed on
pay plus personal pay, if any, in the absorbing grade.
Note : The authorities should interpret the term 'public interest' strictly subject
to the condition that forwarding of application should be the rule rather than
the exception. While it is not feasible to lay down the specific exhaustive
guidelines for withholding of applications, some of them can be listed
illustratively as follows:-
When a railway employee desires to apply for a post in a private concern he should
first offer to resign or retire from railway service. For this purpose, any employment
other than the employment under the Central Govt. or State Govt., public sector
enterprise wholly and partly owned by the Central Government or a State Govt. or
an autonomous body wholly or substantially financed and controlled by the Central
Govt. or a State Govt. will be treated as a private employment. [RBE No. 62/86]
Head of their office/ department giving details of the examination/posts for which
they have applied requesting him to communicate his Permission to the Commission
directly. In case the Head of Office/Department considers necessary to withhold the
requisite permission, he should inform the Commission within 30 days of the closing
date for the receipt of the applications. In case no such communication is received
from the Head of Office / Department, it shall be presumed by the Commission that
there is no objection on the part of the employing department to the candidature of
the Govt. employees in question to be considered by the Commission.
Issue of 'No Objection Certificate' for registration of name with the Employment
Exchange.
Permanent railway employees and railway employees with more than 3 years’
service are allowed to register their names with the Employment Exchange for a
higher post under the Govt/Public Sector Undertakings/Autonomous bodies on
production of a 'No Objection Certificate' from their employers. . 'No Objection
Certificate' in such cases may be granted subject to the following conditions:—
i. the railway employee should register only for a post higher than the one he is
holding under the Govt. In cases of doubt as to whether the post for which a
permanent employee intends to register his name with the Employment
Exchange is higher than the one he is holding under the Govt. the decision of
the Head of Office/Department shall be final.
ii. On being selected for appointment by the Govt. Department/Public Sector
Undertaking/Autonomous bodies for the higher post, he may be treated as
on deputation/Foreign service for a period one year only. On the expiry of
this period, he should either revert to the parent department or resign his post
under the Railways.
iii. Once an employee has reverted to the parent department after spending a
year outside, he should not be allowed a 'No Objection Certificate' to register
his name once again for a period of at least 2 years.
The orders contained in the above paragraphs do not apply in the case of railway
servants sent on transfer as a result of their applications for appointment having
been forwarded through proper channel or when it is arranged in consultation with
the Head of the Department in which they were previously employed by virtue of
their special qualification and/or experience. The transfer in such a case will be
treated as in the public interest, Temporary railway servants, if transferred, may be
allowed to carry forward leave on average pay at their credit
i. Applications of Govt. servants for other posts should not be forwarded when
disciplinary proceedings against them are contemplated whether for major or
minor penalty. In other words, when the conduct of a Govt. servant is under
investigation and the investigation has reached a stage at which a prima facie
case can be made-out but formal charge sheet is yet to be issued, the
application of such a Govt. servant should not be forwarded. Thus where the
disciplinary proceedings are actually pending, the question of forwarding
application does not arise.
ii. Where the case against a Govt. servant is only at the investigation stage and
no prima facieses has been established against him, the controlling authority
may forward his application without any comments with regard to the case
against him except stipulating that the controlling authority reserves the .right
not to release the official, if necessary. If by the time the offer comes, the
preliminary investigations are over, the controlling authority should decide
whether to relive him or detain him in public interest.
Condition of Transfer -
No Railway servant may be transferred to Foreign Service against his will & a
transfer to Foreign Service outside India shall be done only with the sanction of the
President and a transfer to Foreign Service in India can be done with the sanction of
a competent authority.
A railway servant transferred to Foreign Service shall remain in the cadre or cadres
in which he was included in a substantive or officiating capacity immediately before
his transfer, and may be given such substantive or officiating promotion in those
cadres as the authority competent to order promotions may decide. In giving
promotion, such authority shall also take into account the nature of the work
performed in Foreign Service. A railway servant will draw pay from the foreign
employer from the date on which he relinquished charge of his post in Government
service. Subject to any restrictions which the President may by general order impose
the amount of his pay, the amount of joining time admissible to him and his pay
during such joining time will be fixed by the authority sanctioning the transfer in
consultation with the foreign employer.
While a railway servant is in Foreign Service, contribution towards the cost of his
pension must be paid on account to general revenues on his behalf. If the Foreign
Service is in India, contributions must be paid on account of the cost of leave - salary
also. Contributions due as above shall be paid by the railway servant himself unless
the foreign employer consents to pay them. They shall not be payable during leave
taken while in Foreign Service.
Rates of Contributions
The rate of contributions payable on account of pension and leave - salary shall be as
prescribed in Appendix I.
A copy of the orders sanctioning a railway servant's transfer to Foreign Service must
always be communicated to the Accounts Officer. The railway servant himself
should, without delay, communicate a copy to the Accounts Officer and take his
instructions as to the officer to whom he is to account for the contribution; report to
the latter officer the time and date of all transfers of charge to which he is a party
when proceeding on, while in, and on return from, foreign service and furnish from
time to time particulars regarding his pay in foreign service, leave taken by him his
postal address and any other information which that Accounts officer may require.
As regard contribution towards leave salary, the Union concerned should bear the
liability for the same in respect of individuals concerned for the leave earned during
the period of service with the Union and pay him the leave salary whenever the
individual takes leave. Leave earned during the period of such deputation will lapse
on reversion to the parent office.
A. remit the contributions due in any specified case or class of cases, and
B. interest on overdue contributions shall be levied in accordance with rule
The leave salary and pension contributions should be paid separately as they are
creditable to different heads of accounts and no dues recoverable from Government,
on any account, should be set apart against these contributions.
Travelling Allowance. -
A railway servant in Foreign Service may not elect to withhold contributions and to
forfeit the right to count as duty in railway service the time spent in foreign employ.
A railway servant transferred to Foreign Service may not, without the sanction of the
President, accept a pension or gratuity from his foreign employer in respect of such
service.
A railway servant in Foreign Service in India may not be granted leave otherwise
than in accordance with the rules applicable to the service of which he is a member,
and may not take leave or receive leave-salary from Government unless he actually
quits duty and goes on leave.
A railway servant in Foreign Service out of India may be granted leave by his
employer on such conditions as the employer may determine. The leave-salary in
respect of leave granted by the employer will be paid by the employer and the leave
will not by debited against the railway servant's leave account.
In special circumstances, the authority sanctioning a transfer to Foreign Service out
of India may make an arrangement with the foreign employer, under which leave
may be granted to the railway servant in accordance with the rules applicable to him
as a railway servant, if the foreign employer pays to Central Government leave
contribution at the rate prescribed
A railway servant reverts from Foreign Service to Government service on the date on
which he takes charge of his post in Government service, provided that, if he takes
leave on the conclusion of Foreign Service before joining his post, his reversion shall
take effect from such date as the competent authority may decide.
When a railway servant reverts from Foreign Service to Government service, his pay
will cease to be paid by the foreign employer, and his contributions will be
discontinued, with effect from the date of reversion.
Persons transferred to railway service from a Local Fund which is not administered
by Government, will be treated as joining a first post under Government and their
previous service will not count as duty performed. A competent authority may,
however, allow previous service in such cases to count as duty performed on such
terms as it thinks fit.
The terms deputation/Foreign Service will cover only those appointments that are
made by transfer on a temporary basis provided the transfer is outside the normal
field of deployment and is in the public interest. The ex-cadre posts under the same
or some other Departments of Central Government or under the State
Governments/Union Territories Administration/Local Bodies or Under
Central/State PSUs/Autonomous Bodies etc. In case of appointments on
deputation/foreign service from Central Government to Central Government and in
those cases where the scale of pay and dearness allowance in the parent cadre post
and ex-cadre post are similar, a person in a higher scale of pay shall not be
appointed on deputation to a post in a lower scale of pay.
Exercise of option
reference to the revised entitlement of pay in the parent cadre. However, if the
initial option was for the pay scale of the deputation post and no change in
option already exercised is envisaged the pay already drawn in deputation
post will be protected if the pay refixed in less.
Note: - Revision in the rates of DA, HRA or other allowances either in the
parent or borrowing organization shall not be on occasion for revision of the
earlier option. If the pay of an employee in his cadre post under-goes
downward revision, the pay in the ex-cadre post is also liable to be re-fixed in
the basis of revised pay and in accordance with the revised option or existing
option if the employee does not revise his option.
Pay Fixation: -
This is subject to the condition that on both the occasions the employees
should have opted to draw pay in the scales of pay attached to the ex-cadre
post.
Note
i. An officer who may be holding a higher post on ad-hoc basis in the cadre at
the time of proceeding on deputation/foreign service would be considered to
have vacated the post held on ad-hoc basis and proceeded on
deputation/foreign service from his regular post. During his
deputation/foreign service, he shall earn notional increments, in his regular
post only. On his reversion if he is re-appointed to the higher post on regular
or ad-hoc basis his pay will get fixed w.r.t. the pay admissible in the lower
post as on date of promotion. In such cases, if his pay gets fixed at a stage
lower than that of his junior(s) who continued to serve in the cadre, no
stepping up will be admissible as per extant rules in so far as Central Govt.
employees are concerned. However, if the pay so fixed is less than the pay
drawn earlier while holding the post on ad-hoc basis the pay earlier drawn
will be protected.
ii. Pay of officer appointed on deputation/foreign service on adhoc basis
pending selection of a regular incumbent may also be regulated in accordance
with these provisions, subject to the condition that if the said officer does not
fulfil the eligibility conditions laid down in the Recruitment Rules of the ex-
cadre post, his pay in the scale of the ex-cadre post, if so opted, shall be
subject to the restrictions under FR 35.
i. Pay Plus Deputation (duty) Allowance does not exceed the maximum of
scale of pay of ex-cadre post,
ii. In the cases where pay scales are dissimilar then pay plus deputation (duty)
allowance plus DA/ADA/IR etc. does not exceed the pay at the maximum
of ex-cadre post plus DA & IR etc. thereon.
iii. Pay plus deputation (duty) allowance as above shall at no time exceed the
maximum of the pay band PB-4 (Rs. 67000/-) plus the grade of the post held
on deputation subject to the grade pay not exceeding Rs. 10,000/- (RBE No.
211/09)
Note :
A. The term 'same station' for this purpose will be determined with reference
to the station where the person was on duty before proceeding on
deputation/Foreign Service.
B. When there is no change in the headquarters with reference to the last post
held, the transfer should be treated as within the same station and when
there is change in headquarters it would be treated as not in the same
station. So far as places falling within the same urban agglomeration of the
old headquarters are concerned, they would be treated as transfer within
the same station.
5. Special rates of deputation (duty) allowance may be admissible under
separate orders in any particular area on account of the condition of living
there being particularly ardous or unattractive. Where special rate is more
favourable than above, employees deputed to the area will be given the
benefit of the special rate.
6. Whenever extension of the period of deputation for the fifth year or the
second year in excess of the period prescribed in the Recruitment Rules is
granted, it would be on the specific understanding that the officer would not
be entitled to draw deputation (duty) allowance. The officers who opted to
draw pay in the scale of the ex-cadre post shall however continue to draw pay
in that scale during the extended tenure also.
7. If an employee with the permission of the competent authority proceeds on
deputation/foreign service from one ex-cadre post to another ex-cadre post in
the same or another organization without reverting to his parent cadre, and if
the second ex-cadre post is at the same station as the first ex-cadre post, then
the rate of deputation (duty) allowance would remain unchanged.
8. In cases where a person on deputation/foreign service is transferred by the
borrowing authority from one station to another without any change in the
post held by him, the rate of deputation (duty) allowance will remain the
same as was decided at the time of initial posting and will not undergo any
change.
special circumstances any special pay attached to the post held by the
employee in his/her Parent Department, by suitably restricting the
deputation (duty) allowance. This will require the specific and prior approval
of Department of Personnel & Training.
3. In case special pay is attached to the scale of pay of the ex-cadre post and the
employee has opted to draw pay also in that scale, in addition to his pay in
that scale he will also be entitled to draw such special pay. However, such
special pay will not be admissible if he has opted to draw grade pay plus
deputation allowance.
4. Personal Pay, if any, drawn by an employee in his parent department will
continue to be admissible on deputation/Foreign Service if he opts to draw
grade pay plus deputation allowance. No deputation allowance on this
personal pay will however, he admissible.
Increments:-
The employee will draw increment in the parent grade or in the grade attached to
the deputation post as the case may be, depending on whether he has opted for his
own grade pay plus deputation (duty) allowance or the time scale of the deputation
post. If he has opted for time scale of the deputation post, notional increment shall
also continue to accrue to him in the post held on regular basis in parent
cadre/organization for the purpose of regulation of pay on reversion back to parent
post at the end of tenure.
ii. Medical Facilities- This will be regulated in accordance with the rules of
borrowing Organisation.
iii. Leave- An officer on deputation/foreign service shall be regulated by the
leave Rules of the parent Organisation. At the time of reversion from the
deputation post to the parent cadre, the borrowing organization may allow
him/her leave not exceeding two months. The employee should apply for
further leave to his cadre controlling authority.
ii. The extension should be strictly in public interest and with the specific
prior approval of the concerned Minister of the borrowing
Ministry/Department and in respect of other organization, with the
approval of the Minister of Ministry/Department with which they are
administratively attached.
iii. Where such extension is granted it would be on the specific understanding
that the officer would not be entitled to draw deputation (duty) allowance.
iv. The extension would be subject to the prior approval of the lending
organization.
v. If the borrowing organisation wishes to retain an officer beyond the
prescribed tenure, it shall initiate action as above for seeking concurrence
of lending organization, individual concerned etc. 6 months before the
date of expiry of tenure. In no case it should retain an officer beyond the
sanctioned term unless concurrence of lending organization has been
received. For extension of foreign service of Central govt. Officers to
Public Sector Undertakings beyond 3 year, approval of ACC (Committee
of the cabinet) would be necessary in terms of instructions of Department
of Public Enterprises on the subject.
vi. In cases where extension is beyond the fifth year or second year in excess
of the period prescribed in the Recruitment Rules, the same would be
allowed only after obtaining the approval of the Department of Personnel
and Training.
vii. When extension of period of deputation/foreign service for the first and
the second year in excess of period prescribed in the Recruitment Rules is
considered by the borrowing organization under powers delegated to
them, the period for extension maybe so decided upon so as to ensure that
officer concerned is allowed to continue on deputation till the completion
of academic year in cases where are the officer has school/college going
children. (viii)For computing the total period of deputation/foreign
service the period of deputation/foreign service in another ex-cadre
post(s) held preceding the current appointment without break in the same
or some other organization shall also be taken into account.
viii. If during the period of deputation/foreign service the basic pay of an
employee exceeds the maximum of the scale of pay of the post or the fixed
pay of the post, on account of Performa promotion in his cadre under the
Next Below Rule or otherwise, the deputation/foreign service of the
employee should be restricted to a maximum period of six months from
the date on which his pay exceeds such maximum and he should be
reverted to his parent department within the said period.
ix. If during the period of deputation, on account of Performa promotion in
the parent cadre under the Next Below Rule , the employee becomes
entitled to a scale of pay higher than the scale of pay attached to the ex-
cadre post, he may be allowed to complete the normal tenure of
deputation subject to
x. above but no further extension of the period of deputation should be
allowed in such cases.
Sanctioning Authority –
1. When a railway servant is, with proper sanction, temporarily deputed for
duty out of India either in connection with any special duty on which he may
temporarily be placed, he may be allowed by the president to draw during
the period of deputation the same pay which he would have drawn had he
remained on duty in India.
Provided that a railway servant, who is placed on deputation while already
on leave out of India on average pay, may be required by the President to
continue to be on leave, in which case he shall be given during that period, in
addition to his leave salary, an honorarium of one-sixth of the pay which he
would have drawn had he remained on duty in India; the cost of passages
from and to India shall be borne by him.
2. The portion of the pay which a railway servant may be permitted to draw in
foreign currency while on deputation abroad will be determined in
accordance with the orders issued by the President in this regard from time to
time.
3. A railway servant on deputation may also be granted a compensatory
allowance in a foreign country of such amount as the President may think fit.
4. The foreign exchange equivalent of the pay, honorarium or compensatory
allowance admissible under above shall be calculated at such rate of exchange
as the President may by order prescribe.
When a railway servant is with proper sanction deputed for duty out of India to
hold a regularly constituted permanent or quasi-permanent post, other than a post
borne on the cadre of the service to which he belongs, his pay shall be regulated by
the orders of the
Industrial Relation
PERMANENT NEGOTIATING MACHINERY [PNM]
A Machinery set up with a view to maintain contact with organized labour and
resolve dispute and differences arising between organized labour and the
administration is called "Permanent Negotiating Machinery". It was found by Shri
V.V. Giri in the year 1951.
PNM is found to keep contact between Railway, employees and Railway Officers.
Consultation is done on the employee's problems in PNM and acceptable solutions
of the problem is find out.
WORKING :
PNM meetings are arranged in three tiers. Viz. : (Para 2615 IREM-II)
2. Railway Board's Level : In case the matters are not settled at Railway level,
they will be taken up by the federation of Indian Railway men with the
Railway Board.
3. The Tribunal Level : In cases where agreement is not reached between the
federation and the Railway Board and the matter are of sufficient importance,
reference be made to the Adhoc Railway Tribunal comprised of
representatives of Railway administration and federation presided over by a
neutral Chairman.
Representation
SN
Level Chairman Convener Meetings of Union Details
o
Member
2. Head Qrts. GM CPO Once in 3 20 * +2(extra 1. Separate meetings
office months slot for with both
women)* recognized Unions.
2. Prior approval of GM
is necessary for item
to be discussed. GM
can discuss any item
without notice.
3. Individual cases
cannot be discussed.
4. In the absence of GM,
CPO will be the
Chairman.
3 Rly. Bd. Member Adv./ IR Two with 25 +2(Extra 1. Separate meetings
Staff each slot for with the two
recognized women) federations AIRF &
Federation, NFIR
separately, 2. All matters which
in a calendar could not be settled at
year Railway level
concerning Pay Scales
and Allowances
would
Note:-
i. AIRF can place 30 new items & NFIR 18 new items in every PNM (Based on
the proportion of number of constituent recognized unions).
ii. Federation can place items from the Zonal Railway where their union is
recognized or the policy issues having all Indian Rlys implications.
iii. For the unions which are recognized at Zonal Railway level, but not affiliated
to AIRF or NFIR i.e. for PRSS of N.E. Rly., DREU of Southern Railway&
NRMS of South Western Railway Board's representative shall attend one of
GM/PNM meetings at Zonal Railway level in a year to facilitate deliberation
of the issues where Board's participation is considered necessary.
[*Rly Bd's letter No.:- E(LR)71/LR I-28 dt.15.03.71, 07.04.11 and E(LR)I/2010/PNM I-
I dt. 07.12.2011(Page no. 286 & 323 of RBO 2011)]
The detailed procedure of arranging these meetings would be agreed upon with the
Union, and the Branch should be gives sufficient time before the meeting for
preparation. The PNM meeting should not be postponed without sufficient cause
and if an occasion for postponing a meeting arises, the Union officials should be kept
advised of it. At the Divisional or Workshop and Railway levels, items which are
within the powers of the concerned officers can only be taken. Questions concerning
Pay Scales, Allowances, service condition etc. will only be discussed between the
Federation and the Railway Board and not at lower levels. When a matter has not
been settled at Divisional or Workshop level, it may be raised at the Railway level
for further negotiation. Similarly a matter not settled at the Railway level may be
brought up by the federation to the Railway Board for discussion.
The Union items brought up for discussion at the various levels should be disposed
of as expeditiously as possible. Brief minutes of discussion, indicating the decision
arrived at, should be sent to the Union concerned for their confirmation.
If after discussion between the Railway Board and the Federation, agreement is not
reached on any matter of importance; such matters may be referred to an Adhoc
Railway Tribunal.
AGENDA:
The agenda for PNM should not be inordinately long. It should include only
important items and individual items may be included only in special cases. The size
of the agenda shall be limited to 30 items including the items which may have been
left over from the previous meetings. The items of agenda should reach at least 2
weeks in advance of the PNM in the case of Workshop and 3 weeks in advance in
case of Division and 1 month in advance in case of Railway level. Individual cases
can also be referred to in PNM only if Union can make out in each case the point of
policy involved and that all the channels of representation have been exhausted. The
cases which are included in agenda not involving policy issues may be discussed
informally, separately.
FACILITIES:
The Union office bearers are given certain facilities for attending meetings viz.
passes, special casual leave, Telephone facility in office, Rest House for staying
during the course of PNM, Office, Union's consent before transferring Union
officials. The Union officials who has to attend PNM meeting must be spared one
day in advance on Spl CL for preparations.
a. Whether they have any objection to the dispute being referred to the Adhoc
Railway Tribunal, or
PNM, is thus working successfully since its formation and resulted in sustaining
good industrial relation with the Unions and curtailed the chances of strikes,
walkouts etc. and helped in improving the working and smooth running of
Railways.
INFORMAL - MEETING :
The object of this meeting is to minimize pressure of PNM because PNM has limit of
fresh items. Informal meeting should be held once in a month with the Branch
officers including AEN's. If required by Unions the agenda will be discussed &
minutes will be issued (signed by officer & Union).
NON-PAYMENT:
Non-payment meetings are held with the Asstt. Personnel Officers and Asstt.
Divisional Accts. Officers and ADRM will be chairman. The non-payment items are
finalized with the following procedure: -
Union official attending the non-payment meetings are extended certain facilities
like Spl.C.L, Passes, Rest House for attending the meetings.
i. Evaluate the functioning of the Railway and exchange data and ideas on ways
and improving efficiency and viability of the enterprises.
ii. Apprise` the investment programs, particularly in regard to housing and
welfare services.
iii. To facilitate effective and meaningful participation of Railway employees in
the management process.
iv. To give them a sense of involvement and pride in the organizational works.
v. To discuss and identify the measure for improving quality of service to the
Railway passengers and safety operations.
This group works in 3 tiers and holds one meeting in 3 months. i.e. 4 meetings in a
year. The three tier working of PREM is as under: -
S
Level Chairman Convener Official Staff Side
No
1 Railway CRB Joint CRB, (i) 4 Representatives of AIRF & NFIR
Board Addl. Member, (ii) 2 Representatives of AIOF
Secy Addl. (iii) 2 Representatives of IRPOF
(Estt) Member, (iv) 2Representatives of AISC/ST Assoc *
Secy. Rly.Bd. (v) 2 Representatives of AIOBC Assoc. *
2 Zonal GM Dy.GM GM & HODs -do-
Railway (G)/
/ Hq. PCPO
Quarters
S
Level Chairman Convener Official Staff Side
No
3 DRM DRM Sr.DPO/ DRM & -do-
DPO Divisional
Officers
[*Rly. Bd’s letter No. 2013/E(LR)III/PREM/Misc./1, dt.19.08.2003]
1. The scheme will cover all regular civil employees of the Central Govt. except :
a. the Class I services,
b. the Class II services, other than the Central Secretariat services and the other
comparable services in the headquarters organization of the Govt.
c. persons in industrial establishments employed mainly in managerial or
administrative capacity and those who being employed in advisory capacity
draw salary in scales going beyond Rs. 575 per monsem;
d. employees of the Union Territories; and
e. Police Personnel.
2. There will be a joint council at the national level and usually at two lower
levels-departments, regional/ office.
3. The National Council will deal with matters affecting Central Government
employees generally, such as minimum remuneration, dearness allowance
and pay of certain common categories, for instance office clerks, peons and
the lower grades of workshop staff; and matters relating to categories of staff
common to two or more departments and not grouped together in a single
departmental council.
4.
i. A departmental council will deal only with matters affecting staff employed
in the department or departments concerned.
ii. There will normally be one Departmental Council for each department. For
two or more small departments under a ministry, there may however be a
single council, especially if the nature of the duties in the departments is
similar.
iii. For the Central Secretariat services, which though providing staff for all the
Ministries are in important matters controlled by the Ministry of Home
Affairs, there will be a separate council in that Ministry. Others common
categories of office staffs of participating offices may also be included in the
same departmental council.
5. There will also be regional and/or office councils where the structure of a
department permits the setting up of such councils. These councils will deal
only with regional or local questions.
6.
i. The National Council will consist of an official side and staff side. The
official side will be appointed by the govt. and may consist upto 25
members, who will include the Cabinet Secretary, Secretaries, Ministry of
Home affairs, Labour, Communications and Defence, Secretaries, Ministry
of Finance, Departments of Expenditure and Revenue, and one of the
secretaries Ministry of Railways. The staff side may consist of upto 60
members who will be nominated by the recognized associations, in the
manner prescribed in this behalf. The Cabinet Secretary will be chairman of
the council and the staff side will elect its own leader, each side will appoint
its own secretary or secretaries.
ii. The Departmental Council will also be constituted on the same basis. The
official head of the Ministry of department will be included in the official
side, or and will be chairman of the council. The membership of the staff
side may vary from 5 to 10 and the staff side, which will be nominated by
the recognized associations, from 20 to 30 depending upon the total strength
of the staff and the number of grades and services in the department.
iii. The Regional and / or office council too will be constituted in the same
manner. The strength of a regional or office council will be determined by
the size of the staff in the region or office, and the head of the region or
office will be its chairman.
iv. No person who is not an employee or an honorably retired employee of the
Central Government shall be a member of a Joint Council.Note :
Government may permit an Ex-Employee to be a member of a Joint Council
after examining the merits of each individual case.
7. The associations will nominate their representatives for a term of 3 years; but
there will be no bar to re-nomination. Vacancies caused by death, retirement,
resignation, transfer etc. will be filled for the unexpired term.
8.
1) Condition of service and work.
2) Welfare of the employees
3) Improvement of efficiency and standard of work.
9. A council may appoint committees to study and report on any matters falling
within its scope.
10. Subject to the final authority of the cabinet, agreements reached between the
two sides of a council will become operative.
11. Arbitration
If there is no agreement between the two sides, the matter may be transmitted
to a committee of the council for further examination and report. But, if a final
disagreement is recorded and the matter is one for which compulsory
arbitration is provided, it shall be referred to arbitration, if so desired by
either side. In other cases, the Govt. will take action according to its own
judgment.
12. Agenda :
A matter disposed off by a council in any manner will not be placed in the
agenda during the following 12 months, unless for any special reason, the
chairman of the council directs otherwise.
13. Compulsory arbitration shall be limited to : -
i. Pay and Allowances,
ii. Weekly Hours of work, and
iii. Leave.
14. Cases of individuals shall not be subject to compulsory arbitration.
15. A dispute shall not be referred to arbitration unless it has been considered by
the National Council or the appropriate Departmental Council, as the case
may be, and final disagreement between the two sides has been recorded. If
there is a dispute relating to an arbitrable matter in the lower council, it will
be placed before the Departmental council concerned.
16. On a final disagreement being recorded as mentioned in clause 18, the Govt.
shall appoint a Board of Arbitration as soon as possible. The structure of
nominee will be as under : -
One from 5 nominee submitted by official side. One from 5 nominee
submitted by staff side. Chairman— independent will be selected by Minister
of Labour.
17. Subject to the overriding authority of parliament, recommendations of the
Board of Arbitration will be binding on both the sides. If for reasons to be
recorded in writing, the Central Govt. is of the opinion that all or any of the
recommendations of Board of Arbitration should on grounds affecting
national economy or social justice be modified, the Central Govt. shall, as
soon as may be, lay before each House of Parliament the report of the Board
containing such recommendations together with the modifications proposed
and the reasons therefore, and there upon the Parliament may make such
modifications in the recommendations as it may deem fit. Modification may
extend to the rejection of a recommendation.
18. Orders made by the govt. in pursuance of recommendations of the Board of
Arbitration shall, unless otherwise specified in those recommendations or
modified by mutual agreement, remain in operation for a period of 3 years.
1. Short Title :
This constitution may be called the constitution of the National Council under
the scheme for Joint Consultative Machinery and Compulsory Arbitration for
Central Government employees.
2. Application :
Subject to the provisions of the scheme for joint consultative machinery and
compulsory Arbitration this constitution shall cover, as far as may be, all
Ministries and Departments of the Central Government.
3. Objects :
The object of the council is to promote harmonious relations and to secure the
greatest measure of cooperation between the government in its capacity as
employer, and the general body of its employees in matters of common
concern and with the object, further of increasing the efficiency of public
services combined with the welfare of those employed.
The Chairman may, from time to time, nominate such number of temporary
members belonging to any ministry/Department of the Govt, of India as
together with the Chairman and the permanent members specified above,
will not exceed 25.
d. Secretaries:
The official and staff side may each appoint its Secretary of Secretaries from
amongst its representatives.
e. Leader:
The staff side shall select by simple majority, one of its members as its Leader,
who shall hold that office for a period of one year but shall be eligible for re-
election, a vacancy caused by death, retirement, resignation, transfer etc, will
be filled for the unexpired term.
f. Permanent Secretariat :
i. There shall be a permanent secretariat of the Council under the control of the
chairman
ii. No person who is not an employee or an honorably retired employee of the
Central Govt. shall be a member of the Council.
Note: - Government may permit an ex-employee to be a member of a Joint
Council after examining the merits of each individual case.
5. Term of Membership :-
6. Standing Committees : -
7. Declaration :
The council may delegate to the standing committee such powers as it may
consider necessary for the expeditious disposal of business.
8. Appointment of committees :
The council and its standing committees may appoint a committee from
amongst their members to study and report on any mattes failing within their
scope.
The following rules shall govern the conduct of business of the National Council
under the scheme for joint consultative machinery and compulsory arbitration for
Central Government employees:
1. Short Title :
These rules may be called the rules for the conduct of business of the National
Council.
2. Meetings :
i. The ordinary meetings of the council shall be held as often as necessary, and not
less than once in four months. A notice of an ordinary meeting shall be sent to
all members not less than 15 days before the date of meetings
ii. A special meeting of the Council may be called by the Chairman on his own or
on a request from either the official side or from the leader of the staff side. A
notice of such meeting shall be sent to all members not less than 10 days before
the date of meeting.
3. Quorum :
The quorum shall be one third each of the strengths of the official and staff sides.
4. Agenda :
i. A member describing inclusion of a subject in the agenda of a meeting will
communicate the subject together with an explanatory memorandum where
necessary, to the secretary, official or staff side, as the case may be, at least eight
weeks in advance of the meeting. The Secretary concerned shall make sure that
the subjects suggested fall within the purview of the Council and, thereafter,
place the draft agenda before the Chairman not less than 7 weeks before the due
date of the meeting, for his approval to their inclusion in the agenda. If any item
suggested by a member is not included in the agenda, the member concerned
shall be informed of the fact and the reasons therefore.
ii. The agenda for an ordinary meeting shall be circulated to all the members not
less than 30 days before the meeting.
iii. The agenda for a special meeting shall be circulated simultaneously with the
notice of the meeting.
iv. Business not on the agenda may only be taken up with the permission of the
chairman.
v. A matter disposed of by the Council in any manner will not be placed on the
agenda during the following 12 months, unless for any special reason the
chairman of the council directs otherwise.
5. Minutes :
The minutes of a meeting will be drafted under the directions of the Chairman at
the meeting and approved by the council. They will thereafter be circulated to the
members of the council.
6. Decisions :
i. The official side will conclude matters at the meeting of the council and will not
reserve them for latter decision by the govt., subject to the final authority of the
cabinet; agreements reached between the two sides of the council will become
operative.
ii. If there is no agreement between the two sides, the matter may be reported to a
committee of the council for further examination and report. But, if final
disagreement is recorded and the matter is one for which compulsory arbitration
is provided, it shall be referred to arbitration if so desired by the other side. The
Chairman of the council shall make a report to the labour Ministry for reference
to the Board of Arbitration within a week of the final disagreement being
recorded. In other cases, the Govt. will take action according to its own
judgement.
7. Publication of Statements :
Only statements issued under the authority of the Council shall be published;
such statements shall be as useful and informative as possible.
8. Standing Committees :
i. The standing committees shall frame their own rules of procedure subject to the
approval of the council. The Standing committed shall not, however take final
decisions on any subjects that came before them, and shall transmit their
conclusions to the council for decision except where powers have been specially
delegated to them by the Council under Article 9 of the Constitution of the
National council.
ii. The Standing Committees and their members shall not give publicity to thei
recommendations and any statements for publicity shall only issued from the
National Council in this manner prescribed in Rule 7.
Demonstration
[Rule 7 of Appendix of IREC -I (the Rly. services Conduct Rules)]
No railway servant shall engage himself or participate in any demonstration which
is prejudicial to the interests of the sovereignty and integrity of India, the security of
the State, friendly relations with foreign states, public order, decency or morality, or
which involves contempt of court, defamation or incitement to an offence.
1. Where peaceful and orderly meetings or demonstrations are held during the
lunch interval without obstructing in any manner the free passage to and from
the office, there would be no objection to the holding of such meetings or
demonstrations nor would the participating staff render themselves liable to
disciplinary action thereby. The same position will apply in respect of peaceful
and orderly meeting and demonstration during half an hour interval prior to the
start of working hours and the half an hour interval succeeding the close of
working hours.
2. Demonstration, meetings and processions, which are orderly and peaceful and
are held outside office premises and outside working hours, should not be
interfered with.
3. The wearing of badges while at work should not be interfered with unless the
badges have inscriptions or slogans which may offend against the interests of the
sovereignty and integrity of India. The colour of the badge or arm band should
not be considered in any case.
4. Demonstration or the raising of slogans or other such disorderly conduct should
not be permitted within office premises and disciplinary proceedings should be
started against those found indulging in such action within office premises.
5. It will be in order to take disciplinary action in respect of demonstration
anywhere, even far away from office premises and at any time even on a holiday,
resorted to by a railway servant, even in the capacity of a Trade Union worker, if
that activity could be proved to be one falling within the prohibitive activities
listed in this rule.
6. The principle of 'No work No Pay' should not be circumvented in any way
including by grant of leave to a railway servant for the period of absence caused
due to participation in a strike.
7. If an application for casual leave is presented by a railway servant specifically for
the purpose of participation in a demonstration, it is open to the competent
authority to refuse casual leave for this purpose. If in spite of refusal, and
employee absents himself from duty, he can be treated to have been
unauthorized absent, with all the attendant consequences of unauthorized
absence.
LEGAL MATTERS
Objects of CAT:
All employees of All India Services, members of Civil services of the Union, Persons
holding Civil posts under Union, Persons holding civil posts connected with defense
or in the defense services.
Members of all Armed Forces, Navy and Air Force, officer or employee of Supreme
Court and High Courts, Secretarial Staff of Parliament, Persons governed by
Industrial dispute act in respect of matters governed by the said Act.
Constitution of CAT:
The headquarter of CAT is at New Delhi and called as principal Bench and other
benches are at all over country where there is a seat of High Court. The head of
Principal bench is a chairman (who must be a judge sitting or otherwise) assisted by
4 member's out of which 2 are judicial and the two are administrative. In other
benches, the head is Vice-chairman and out of members at least one shall be judicial.
Chairman and Vice-chairman retire at the age of 65 years where as other members
retire at the age of 62 years.
On 2nd October 1985, Principle bench of CAT was established at Delhi and the
circuit benches were established initially at 4 other places thereafter number of
circuit benches were increased and at present 17 circuit benches are working within
the territory of India. The following are the details or benches along with their
jurisdiction.:-
SN Bench Jurisdiction of the Bench
1. Principal Bench (New Delhi) Union Territory of Delhi
2. Ahmedabad Bench State of Gujarat
3. Allahabad Bench State of Uttar Pradesh, excluding 12 districts mentioned
under S.No. 4 which are under the jurisdiction of Locknow
Bench.
4. Lucknow Bench Lucknow, Hardoi, Kheri, Rai Bareilly, Sitapur, Unnao, Faizabad,
Bahraich, Barabanki, Gonda, Pratapgarh and Sultanpur.
5. Bangalore Bench State of Karnataka
6. Calcutta Bench State of Sikkim and West Bengal and Union Territory of Andaman
& Nicobar Islands.
7. Chandigar Bench State of Jammu & Kashmir, Haryana, Himachal Pradesh and
Punjab and the Union Territory of Chandigarh.
8. Cuttack Bench State of Orrisa.
9. Ernakulam Bench State of Kerla and Union Territory of Lakshadweep.
10. Guwahati Bench State of Assam, Manipur, Meghalaya, Nagaland, Tripura,
Arunchal Pradesh and Mizoram.
11. Hyderabed Bench State of Andhra Pradesh.
12. Jabalpur Bench State of Madhya Pradesh.
13. Jodhpur Bench State of Rajasthan, excluding 11 districts mentioned in S.No.14
which are under the jurisdiction of Jaipur Bench.
14. Jaipur Bench Ajmer, Alwar, Bharatpur, Bundi, Jaipur, Jhalawar, Jhunjhunu,
Kota, Sawai Madhopur, Sikar & Tonk.
15. Madras Bench State of Tamil Nadu and the Union Territory of Pondicherry.
16. Bombay Bench State of Maharashtra, Goa and the Union Territory of Dadra &
Nagar Haveli.
17. Patna Bench State of Bihar.
Under section 22 of CAT Act, it has got all the powers exercisable by all courts
(except by Supreme Court under article 136). It shall also have powers in respect of
contempt of itself. It shall not be bound by Indian Penal Code procedure but have
the same powers as Civil Courts for summoning witnesses, discovery of documents,
evidence on affidavit, reviewing of its own decisions.
English, but parties may file documents in Hindi if they so desire. Bench may, in its
discretion permit the use of Hindi in proceedings However, the final order shall be
in English.
Under section 17 of Tribunals Act 1985, A tribunal shall have and exercise same
jurisdiction, powers and authority in respect of contempt of itself which a High
Court has under the contempt of courts Act 1971.
Application to Tribunals:
Under section 19 of CAT Act, a person aggrieved by any order pertaining to any
matter within the jurisdiction of a tribunal may make an application to the tribunal
for the redressal of his grievance, under section 20 of CAT Act, one has to exhaust
departmental remedy available to him under service rules for redressal of his
grievance. A tribunal shall not ordinarily admit an application unless it is satisfied
that the applicant had availed of all the remedies available to him under the relevant
service rules as to redressal of grievances.
If the application found to be defective, the Registrar may allow the party to rectify
the same. If the concerned applicant fails to rectify the defect within the time allowed
by registrar, the registrar may decline to register the application.
An appeal against the order of the registrar under sub - rule (4) shall be made within
15 days of the making of such order to the presiding officer concerned in chamber
whose decision there on shall be final.
Application Fee :-
Every application field with registrar shall be accompanied by a fee of Rs. 50/- & the
fee may be remitted either in form of a crossed Demand Draft of National bank or by
Indian Postal order.
Hearing of applications :-
Tribunal shall notify to the parties the date & place of hearing of the application.
Every order passed on application shall be communicated to the applicant & the
respondent either in person or by registered Post free of cost.
(a) If the advance copy does not clearly show that all means of securing attention or
redress from lower authorities have been duly tried and exhausted, the
representation should be ignored or rejected summarily on that ground, the
reasons being communicated briefly to the Govt. servants. If the Govt. servant
persists in thus prematurely addressing the higher authorities, suitable
disciplinary action should be taken against him.
(b) If the advance copy shows clearly that all appropriate lower authorities have
been duly addressed and exhausted it should be examined to ascertain whether
on the facts stated some grounds for interferences or for further consideration
appear, prima facie to exist. Where no such grounds appear, the representation
may be ignored or summarily rejected the reasons being communicated briefly
to the Govt. servant.
(c) Even where some grounds for interference or further consideration appear to
exist, the appropriate lower authority should be asked, within a reasonable time,
to forward the original representation with report and comments on the points
urged. There is ordinarily no justification for the passing of any orders on the
representation without thus ascertaining the comments of the appropriate lower
authority.
Some Government servants are in the habit of sending copies of their representations
also to outside authorities i.e. authorities who are not directly concerned with the
consideration thereof (e.g. other Hon. Minister, Secretary, Members of Parliament
etc.) This is a almost objectionable practice, contrary to official propriety and
subversive of good discipline and all government servants are expected
scrupulously to eschew it. Limitation:
Under section 21 of CAT Act, one can file an application before CAT as under
1. Within one year from the date of last order passed from which the applicant is
aggrieved.
2. Within one year after waiting for 06 months for disposal of an appeal /
representation given to department. The limitation of one year will start on
expiry of 06 months of filing a representation, which has not been disposed
off.
Interim Orders:
Under section 24 of CAT Act 85, CAT has been delegated with powers of granting
Interim relief to the applicants subject to the following conditions. :-
(a) Copies of such application and of all documents in support of the plea for such
interim order are furnished to the party against which such application is made
or proposed, and
(b) Opportunity is given to such party to be heard in the matter. Tribunal may
dispense with the above requirements and pass an interim order as an
exceptional measure if it is satisfied, for reasons to be recorded in writing.
Review petition:
Tribunal has the same powers of review of its decisions as are vested in Civil Court
under the code of civil procedure. Review petition can be filed within 30 days of the
communication of order. Review petitions lie only when there is a glaring omission,
patent mistake or grave error in the judgment and will be disposed off by the same
bench which passed the order either by circulation or after hearing the parties.
The person not satisfied with decision of CAT may go for appeal in divisional bench
of respective high court against the order of CAT from which he is aggrieved. Along
with Appeal, he has to file a stay petition also for staying the operation of order of
CAT. This appeal is to be filed within reasonable time. Normally it is 90 days from
the date of communication of order. (Earlier the appeal against the order of CAT was
filed in Hon Supreme Court of India. But now as per the orders passed by Hon
Supreme Court in S. Chandra Kumar's case, the appeal is filed in High Court).
It is a petition being filed in the supreme court of India against the order of Hon
High Court by the person not satisfied with the decision of High Court within 90
days from the date of communication of order of High Court. It is filed along with
application for stay of order of High Court. In Railway, the Powers regarding filing
of SLP rests with Railway Board. As such divisional officer of Division forward the
proposal of S.L.P. to their Head Quarter's Office and if Head Quarter Office is
satisfied with the proposal, than they approach Railway Board for filing SLP.
Apart from the cases filed before the CAT by the Central Govt. Employee in
connection with the service matters, the Railway administration has to defend the
other cases also filed by the employees.
The cases under the various welfare labour acts are being filed in different courts for
e.g. under the Railway act the matter are being filed before the Railway Magistrate.
Matters under the payment of wages are being filed before the payment of wages
authority and the matters under the workmen compensation act are being filed
before workman compensation commissioner for compensations in case of death or
of any injury caused to the employee during the course of employment.
The cases under the Industrial disputes Act are to be filed before Assistant Labour
Commissioner and competent labour tribunal.
Various Courts:
The following are the various courts, the pending cases therein are to be defended by
the Rly. Administration.
Procedure:
On receipt of notice from any court, the following procedure is to be adopted for
contesting the case effectively.
L.E.O. is appointed under the regional labour commissioner (R.L.C.) central and
working under the direction of Assistant labour commissioner (A.L.C.) central. The
duties and the main functions of L.E.O. is to inspect various locations where the
labour are employed, to ensure on behalf of labour commissioner that labour are
recruited and discharged in accordance with the provisions made in the various
labour laws and the extract of labour laws (P.W.A., M.W.A., H.O.E.R. and I.D. Act)
are displayed at the site of work as required under the provisions of act. The
irregularities, if any noticed during his inspection are intimated to the official
concerned.
The distribution of Rs. 800/- amongst different activities will be as under:- [ Rly. Bd’s
lr.no. E(W)2014/FU-1/1, dt.30.07.2014]
Per-
S.
Head/Activity Capita
No.
Fixed
1. Education: Scholarships for Higher Technical / Professional 116
Education for wards of staff in GP of above Rs.2400/-
2 Education: Scholarships for Higher Technical / Professional 110
Education for Girl Children of staff in GP upto Rs.2400/-
3 Education: Scholarships for Higher Technical / Professional 100
Education for Male Children of staff in GP upto Rs.2400/-
4 Women Empowerment Activities including seminars, 28
camps, training programmes and gender sensitization
camps, etc.
5 Recreation other than sports 32
6 Recreational facilities at Institutes and clubs 36
7 Promotion of Cultural Activates 16
8 Relief of Distress, Sickness etc for staff in GP upto Rs. 120
4,600/-
9 Indigenous System of Medicine including Homeopathy 36
10 Immediate Relief in times of crisis arising out of floods, 24
famines, landslide, fire or any other calamity.
11 Developing of occupational skills of Physically / Mentally 50
challenged railway employees and their wards including
purchase of wheel chairs, other aides, special software etc
and organizing workshops, seminars, compass etc.
12 Miscellaneous 80
13 Sports Activities 30
14 Scouts & Guides Activities 22
Total 800
The modalities for the scheme of "Scholarship for higher education of children of
staff in grade pay Rs. 1800/- and below introduced under these orders are as under
:-
i. Children of the serving employees in grade pay Rs. 1800/- and below shall be
eligible for the scholarship under the scheme.
ii. The term higher education shall mean all degree and diploma programmes of
not less than 0ne year from recognized institutes / universities.
iii. The amount of each scholarship shall be Rs. 1,200/- p.m., for Girl and Rs. 1000/-
p.m. for male children.
iv. On availing benefit under this scheme, any other similar benefit under SBF will
not be permissible.
v. The payment of scholarship amount shall be made on quarterly basis.
vi. The payment of the scholarship amount shall be made through an account payee
cheque in the name of child.
(1) With regard to item-(i)(d)(2), viz. allocation for 'Relief of distress, sickness, etc. for
staff in grade pay Rs. 1,800/- and below', this will include instances of long
sickness, extraordinary leave/leave without pay and the need to meet the cost of
good prosthetics.
(2) With regard to item-(i)(a) viz. scholarships, besides existing provisions regard re-
appropriation, the CSBF committees shall have powers to re-appropriate funds
between items (i)(a)(2) and (i)(a)(3) depending upon demand. The preference,
however, will be given to girl children. Other modalities regarding scholarships
as shown above ibid shall equally apply in such cases.
The fund shall also be augmented to the extent of 50% of expenditure incurred by
the respective Railways on grant of scholarships to the children of railway
employees for technical education of their children during the preceding year.
Based on the overall per capita contribution for Sports activities, scouting activities &
immediate relief at the time of crises arise out due to natural calamity will be made
by in the consultation with RSPB, RSB, & SBF CALAMITY RELIEF FUND
respectively under the control of Ministry of Railway. Therefore, allotment be made
centrally by MR [Rly.Bd] augmentation to the SBF by the RLYs [RBE 38/08]
An "SBF Calamity Relief Fund" shall be constituted at Rly Bd's level. Fund shall be
administered by a committee comprising of Adv. [IR], EDF [E], EDCE [G] assisted by
JDE [W] as secretary. The committee shall be empowered to sanctioned relief up to
Rs. 10/- lakh to a Zonal Railway.
Relief in excess to Rs. 10/- lakh & up to Rs. 20/- lakh will be sanctioned by Board
[MS] on recommendations of the committee & MR is competent authority for
sanctioning relief of Rs. 20 lakh or more.[RBE 150/07]
Subject to the general supervision of the General Manager all expenditure from the
SBF shall be authorized by the committee or by a sub committee duly appointed
under the provision of rules. The cost of stationary, printing charges of forms,
postage charges & other contingent expenses relating to the fund should be met from
the railway revenues, expenditure in entertainment during meetings of the SBF
Committee should be met from the fund it self.
A committee at the headquarters of the Railway presided over by the CPO, shall
manage the fund. Besides Chairman, the committee should consist of the following:-
1 Chairman Chief Personnel Officer
There shall be an SBFC at HQtrs division/ Divisional level/ Workshop level and
shall be consisting of W/shop the following:-
HQrs. Div. Division W/Shop
1 Chairman [Ex Officio] Dy.CPO/SPO Sr.DPO/DPO WM/AWM/SPO
2 Nominated member One Officer by CPO by DRM ByCWM/Dy CME
3 Secretary S&WI S&WI S&WI
Besides above there will be recognized unions. 4 members of the recognized union,
to be equally divided amongst the
Workshop has a Workshop Staff Benefit Fund committee, constitution of this being
the same as that prescribed for division. If there is no Senior Scale Personnel Officer
in a workshop, his place shall be taken by the Works Manager, or if there is no
Works Manager, by Asstt. Works Manager.
A member of the committee or sub- committee shall held office for one year; he can
be removed by the GM or can resign but shall be eligible for re -nomination or re-
election.[Rule 809]
MEETING
The General Manager shall submit annually a report to the Railway Board on the
working of the fund during the previous financial year.
Scholarships are awarded by the Railways to the children, dependent brothers and
sisters of railway servants. The employees of non-railway Departments who are on
deputation to Railway may not be considered eligible for grant of Scholarship for
education of their children.
The term "technical education" will mean education in pure sciences' (leading up to a
degree in Science) or in applied sciences (leading up to a degree or diploma in
Medicine and the various branches of Engineering). It will exclude subjects
commonly included in Arts courses in colleges and other educational institutions.
The diploma courses referred to here are not necessarily those that are equivalent to
a degree. Diploma of all kinds given in various branches of technical education will
fall within the scope of the scheme. The cost of these scholarships will be borne by
the staff benefit fund. Before a technical scholarship is granted, it should be ensured
that the student who is sanctioned the scholarship is not in receipt of any other
financial assistance from the Institution where he may be studying or from any other
source. For this purpose the wards of Railway employees will be required to
produce a certificate from their respective school / Institution that they are not in
receipt of any scholarship from that School/Institution or any other source along
with their application for claiming scholarship from the Railway Staff Benefit Fund.
The following priorities have been laid down for the guidance of the SBF Committee
for the allotment of scholarships. Those applicants who are studying in Degree
Courses of Medicine including Homoeopathy and Ayurved system of medicine,
Pharmacy and various branches of Engineering, Computer Science, Architecture and
Environment Planning, Bachelor of Veterinary Science and Animal Husbandry and
B.Sc. (Agriculture), B. Pharmacy will be given highest priority, Second priority is for
diploma courses in Medicine including Homoeopathy, Ayurvedic systems of
medicine, Pharmacy and Engineering, Computer Sciences, Architecture and
Environment Planning. Third priority is to be given to applicants studying for
Degree courses in pure sciences, if the quota of scholarship to a Railway is not fully
availed as above category.
The percentages of scholarship may be reserved for being granted to the children of
SC & ST employee are 15%,&7.5% respectively. [quantum of scholarship for
technical education for SC/ST has been increased from 12 V2 & 5 % to 15% & 7 V2%
respectively in the context of celebrating Baba Saheb Dr. B.R. Ambedkar Centenary
year- R.B. No. E(W)90 FV-17 DT. 09.11.90 (NR PS 10273)]
A scholarship granted in the favour of a child of the serving railway servant should
continue until the child completes the course of study for which the scholarship was
granted & it should not be affected by the death, invalidation or retirement as
superannuation of the Rly Servant. When, however, a Railway Servant resigns from
service, he would loose the scholarship sanctioned to his child.
A scholarship to the child / ward of a non gazzetted Rly Servant will not be
withdrawn merely because the Rly Servant is subsequently promoted to officiate in a
gazzetted post up to the confirmation in the gazzetted post.
The scholarship to the child / ward of Rly Servant is also admissible who is
undergoing post graduate courses of medical or engg. In the event of an employee
granted a scholarship under these rules being transferred to another Rly
Administration, the scholarship for the Tech.Education of his child /ward shouldbe
continued to be met by the Staff Benefit Fund of the transferring Rly, till the course
of study is completed, if it is not forfeited otherwise. [RBE 57/07]
Monthly ceiling on the grant of scholarship from SBF for prosecuting degree courses
in Engg., Medicine etc. has been enhance from Rs. 100/- per month to Rs. 200/- per
month.[RBE 140/07]
General Manager of Zonal Railway is the patron of all Rly. Institutes situated
in the jurdiction of zone.
DRM is vice patron of all Rly. Institute situated in the jurdiction of division.
CWM/ Dy, CME is vice patron of Rly. Institute situated in the jurdiction of
workshop.
A Rly Institute should be looked upon as a club provided by the Rly, rent free,
for the benefit of its employees. As a general principle, therefore, the Rly
should provide everything that a landlord ordinarily would& the Institute
should pay for all that a tenant would usually be liable.
The cost of the building including the cost of electric installations (which include
electronic fans) with necessary furniture, roads, fences & the cost of maintenance &
alterations etc., wherever possible a garden will also be provided,
a. The cost of rolling, watering, grass-cutting & other maintenance charges of play
grounds, other than engineering repairs:
b. The cost of electric current consumed & hire of meters:
The class IV staff employed in Rly institute may be given residential accommodation
free of rent provided that such accommodation is either part & parcel of the institute
building & its recognized out-houses, or is not required for any other Rly purpose or
cannot be rented to out siders & would otherwise be vacant.
The institute may be organized as senior & junior institutes & should have a wide
range of staff as possible.
The membership will be optional & rate of monthly contribution of the membership
should be decided by the elective/ nominated body of the staff as per requirement of
the institute. Management body constructed amongst Rly servants of the particular
area viz. w/shop, stn etc. accordingly to the members of the institute.
The General Managers is empowered to frame rules to suit local requirements of the
Rly Administration & other circumstances of the place with following restriction:-
1. The holding of meeting on railway land by recognized unions - no political
subject should be discussed in the meeting,
2. Prohibiting the grant of permission to unrecognized unions for holding their
meetings on Rly land/premise
The use of Holiday Homes set up by a particular Railway may be allowed to the staff
of the other Indian Railways, provided it is possible to do so after meeting the
demands from the staff of the home Railway Staffs that are allotted accommodation.
Staff who are allotted accommodation in Holiday Homes should not be refused
leave except in very emergent cases. Where the accommodation for Group 'D' is not
available, they can occupy the higher type of accommodation at the rate prescribed
for Group 'D'. The charges for officers & staff are as under w.e.f 1.1.2001 : -
[Authority;-SC No.1 to MC 2/90]
Charges per suite per day w.e.f. 01.09.12 [RBE 104/12]
SERVING RETIRED
1. Gazzetted officer above J.A.G. Rs 60/- Rs 175/-
2. Officer up to & inclusive of JAG Rs 60/- Rs 80/-
3. Group 'C' Rs 30/- Rs 60/-
4. Group 'D' Rs 12/- Rs 30/-
Retired railway servants shall be given confirmed booking of Holiday Homes during
periods other than summer vacation, Dusehra, Pooja & Christmas Holiday, seven
days prior to date of occupation & the confirmed booking shall not be cancelled
during the last seven days preceding the date of occupation, in preference to serving
Rly. Employee. [RBE140/02]
The employees who resign technically from railway service for the purpose of
permanent absorption in Public Sector Units/ Autonomous Bodies & are entitled to
post retirement complimentary passes can also avail the facility of Holiday
Homes.[RBE 96/08]
List of holiday homes of Indian Rly. along with contact source have been circulated
under RBE 69/12.
i. To enable Class III and Class IV staff that does not normally have the means
to go for a change of climate at their own expense while they are
convalescing, Convalescent Homes are set up on Railways. If Holiday Homes
already exist at places, which are suitable for the purpose of being used as
convalescent Homes from the climate point of view, a portion of the Holiday
Homes may be utilized as Convalescent Homes. If, however, the Holiday
Homes are being adequately patronized, a portion thereof should not be
utilized as a Convalescent Homes, without expanding or supplementing it.
The intention is that each Railway should have a Convalescent Home so that
the convalescing railway servants are treated separately from the
holidaymakers, but at the same time the latter are not deprived of the facility
because of a portion of the Holiday Homes being utilized as a convalescent
Home. Where separate Convalescent Homes are proposed to be provided, the
general rules already framed for Holiday Homes will apply except that
Railway Board's prior approval will be necessary for the setting up of a
separate Convalescent Home.
ii. Medical facilities should be provided at these Convalescent Homes. At a
station where there is a railway doctor, he should be deputed to attend to the
Convalescent Homes; the nearest railway doctor should attend the home
twice a week.
iii. Charges for convalescent homes should be recovered at the same rates
prescribed for Holiday homes from the occupants of Convalescent Homes.
There is, however, no objection if the occupant is allowed free and necessary
charges are recovered from the Staff Benefit fund.
iv. Where separate Convalescent Homes are set up, a Proforma account of the
expenditure should be kept as in the case of Holiday Homes for judging the
financial implications of the scheme.
Scouts Appointment against Cultural Quota. —Divisional Rail Managers may recruit
not more than 2 persons per year at Division level in Group D (Class IV) category, &
GM's may recruit not more than 2 persons per year at HQ's level in Group 'C'
category subject to the candidates fulfilling such qualification as may be prescribed
by the Railway Administration. The minimum qualifications should however
preferably be a Presidents Scout besides other educational/technical qualifications
and experience, if any. While filling up the vacancies in Scouts/Guides cells,
preference should always be given to persons who have sufficient experience and
training in this field.
i. Handcraft Centers should be set up for the benefit of the families of the
Railway men for imparting training to woman members of Railway men
families in handicrafts such as weaving, knitting spinning tailoring of
garments, etc. during their spare time with the object of helping them in
learning some trade to augment the family income.
ii. Expenditure on this scheme should be met from the staff benefit fund.
iii. Accommodation for Handicraft Centers should be provided in spare RLY
building free of rent.
iv. A charge for electricity and water consumed by the Handicraft Centres
located in Railway buildings should be borne by the Railway Revenues.
Where the Handcraft Centres are housed in aRailway Institute, these charges
should be borne by the Institutes.
(i)
(a) the technical training to unskilled and semiskilled workmen during their off
duty hours form proving their future prospects; and
(b) Vocational training to children of Railway employees.
(ii) Classes should be held separately for Railway employees and their children
on alternate days of the week.
(iii) Outsider should not be admitted in the Training Centers. Dependants of
Railway employees will be eligible for admission and for this purpose;
The provisions of section 46 of the factories Act. 1948 impose statutory obligation on
the Railway Administrations to set up canteens in Railway establishments, which are
governed by the factories Act and employ more than 250 persons.
The following guiding principles have been laid down for the setting up of the
canteens—
(i) Canteens should be opened at points where considerable bodies of labuor are
concentrated such as workshops, sheds, yards, large stations, etc. Tiffin rooms
may be provided where the strength of the staff is not less than 25 but is less
than 100 and a regular canteen provided where the strength of the Staff is 100
or more. This scale is only for general guidance. Canteens should be self-
supporting and sale prices should be adjusted from time to time with
reference to the cost of procurement, running, expenses and taking the year as
whole, should be worked on a "no loss, no profit" basis;
(ii) They should not involve loss in working hours i.e., light refreshments; while
in the case of more elaborate meals; these must be consumed outside working
hours;
(iii) Commodities sold should be wholesome and cheap,
Management of Canteens
The staff served by canteens should be actively associated of the management. For
this purpose, a committee of Management of Staff should be formed in accordance
with the rules framed by the State Government concerned in this regard to help in
the day to day working of the canteen, however, the committee will have advisory
function. The administrations can constitute a staff Committee for the management
of the canteens, but the legal responsibility for the proper management rests not with
the committee but solely with the Railway Administration.
Canteen provided otherwise than under the Factories Act, 1948. The railway
Administration may provide the necessary accommodation, gas, equipment,
sanitary and electric installations, furniture and cooking utensils / electricity and
water.
Railway administration should check that equipment which was made over by them
& any shortage found will have to be made good. They can also check an
improvement in the working of canteen about Quality & cost of foodstuff.
Adult Literacy Centre:- To achieve cent percent target of literacy programme & to
promote literacy amongst illiterate adults ALC can also be run by the SBFC.
Recreation & amusement:- In addition to the annual grant for Holiday camp,
requisite annual grant for recreation & amusement is granted to promote the
activities of Railway Institute, clubs, cultural centre & sports activities etc.
Cultural Centre:- The cultural centre can also be run by SBF for promoting cultural
activities viz Drama Music & dance etc. amongst Rly. Employees & their family
members.
Relief of distress:-
This facilities is available for those railway employee who have completed their one
year service either temp. or permanent even the casual labour who have been given
Temp status will also be entitled but casual labour who have not been given Temp.
Status, will not be entitled for this facility.
Funeral Assistance:- This facility will be available for family of railway employee
who die while in service.
Help to widows.:- In case of sudden death of any Rly. Employee, widows are
provided assistance from SBF for education of their children (03 children at a time)
each child until & unless she applies for the same & the child completes his /her
studies but those widows who have been appointed on compassionate grounds will
not be eligible for such relief.
Sickness Benefit:- In case the family member of the Rly employee is suffering from
TB/Cancer/Polio/Leprosy/Heart disease, the sickness benefit is being provided
from SBF on certification of The Railway Medical Attendant. This facility is only
given to such staff those who have completed their three years minimum continuous
services. Necessary facilities of Indoor games, Recreation facility viz Radio, TV,
News papers, Magazines etc. are provided in the Rly. Hospitals by CSBFC.
Reimbursement of partial cost of artificial denture:- the group 'C' & 'D' staff who
purchase the set of artificial denture will be provided financial assistance.
Employees Library:- Divisional & Workshop Headquarters may open library for
employees so that they can utilize their spare time for learning. The expenditure on
this account will be borne by SBF.
Social Welfare Center:- There is a provision to run Social Welfare Centre on Railway
& the expenditure on this account will be borne by SBF, In the Rly. Colonies, where
100 or more families reside, these centre can be run to promote following activities.
1. Indoor games 2.Out door game 3. Adult literacy & literacy classes
4. Stitching & weaving classes 5.Classes for Drama & dance 6. Music classes
7. National Holiday & festival celebration.
BAL MANDIR:- Railway Bal mandir can also be run for the benefit of children of
the Railway employee with the coordination with Social welfare centre & Mahila
Samiti. In these Bal mandirs, the children aged 02 to 05 years are given useful
knowledge by showing pictures & charts of various type.
FINANCIAL RULES
Revised demands for Grants was in force w.e.f. 1.4.79 Railways are Govt.
undertaking and a budgetary structure with an entirely commercial basis is difficult
to built over a department system. The demand for grants presented in two parts.
Part-I- All Railways. Part-II-Individual Railway Units. Each part has 3 sub divisions
1. Railway Board
2. Misc. Expenditure-(RDSO, DCW, DLW, RRB, Staff College of Vadodara &
Statutory Audit)
P for Capital,
Q for DRF.
R for OLWR
S for DF
SF for Safety fund.
In works expenditure. The (Plan heads form the sub-heads of demand) will
represent minor heads of Accounts. For example.
In view of above, it is clear that the sub-heads & detailed head. (1131) denotes the
function of work and that too we further detail. Primary units i.e. 01, 02, 03, 04, 05,
are denotes as object of work i.e. salary, wages, contractual, store supply & direct
purchase etc. etc.
Summery at Minor Heads of Classification showing Plan Head Codes for Works
Expenditure.
11 New Lines(construction) 41 Machinery and Plant
12 Purchase of new lines 42 Workshops including production Units
13 Restoration of dismantled lines 51 Staff Quarters
14 Gauge conversion 52 Amenities for staff
15 Doubling 53(i) Passenger amenities
16 Traffic facilities- Yard remodeling and (ii) Other Railway Users amenities.
others.
21 Rolling stock 61 Investment in Government Commercial
undertaking-Road services
31 Track renewals 62 Investment in Government Commercial
undertakings-Public undertakings.
32 Bridge work 64 Other specified works
33 Signaling and Telecommunication works 71 Stores suspense
34 Taking over of line wires from P & T 72 Manufacturing suspense.
Department
35 Electrification projects 73 Manufacturing suspense
36 Other Electrical works 81 Metropolitan Transport Projects
i. Capital- (A) Capital credited with the cost of capital of an assets (Other then
land) which is abandoned Debited or disposed of without being replaced.
a.Cost of sale of land
b. Difference of cost of Assets replaced through DRF and original cost
chargeable to capital.
c. Cost of labour originally incurred in laying the assets. Or parts when such
items are subsequently transferred for use on a new work.
d. Original cost debited to capital of an asset replaced at the cost of OLWR.
ii. DRF: (Depreciation Reserve Fund)- This fund is credited with the disposal of
material, originally cost debited to capital or the material released from a work
replaced at the cost of DRF.DRF is debited to the work related to replacement,
renovation of assets , Whose original cost charged to capital.
iii. DF. (Development Fund). DF. (Development Fund credited with amount
transferred from RPF (Revenue Reserve Fund), debited with the cost of assets on
abandoned and original cost earlier debited to DF.
iv. OLWR. (Open Line Works Revenue)- Credited with the cost of amount realized
from the assets not charged to OLWR. Debited with
a. works not related to passenger amenities.
b. Un remunerative works for improvement of operational efficiency costing not
more than 3lakhs.
c. The replacement work which are not chargeable to Cap, DRF & Revenue.
Each & every normal or lay man in his personal life make a plan before any type to
expenditure proposed to be incurred. Before spending always thinks the proposed
expenditure are necessary or can be avoided and if cannot be avoided, the proposed
expenditure are beneficial or otherwise.
The Railway is a Govt. Owned commercial organization and Railway has to spent a
huge amount to maintain/upkeep the assets acquired and also spent to provide the
facilities to passenger/staff. As such to run efficient working of Railway it is to be
worked out that there must b e a minimum profit against the expenditure, so done
or proposed to be done.
The Railway administration must have a proper financial justification with that of
remunerations before any expenditure on the basis of following principles.
A. In any case the expenditure may not be increased from the required amount
and each &every Railway authorities must be vigilant as he is spending his
personal amount.
B. Sanctioning authority while sanctioning the proposal for expenditure, it may
be kept in mind that the proposal directly or indirectly not benefited to any
person.
C. Sanctioning authority while sanction the proposal for expenditure must be
drawn or does not passed such an orders which directly or indirectly
benefited to a particular person or caste.
D. Govt. Revenue shall not be used for a particular person/caste subject to:
The civil work related to Engineering works included in a book is called pink book
and Machine & Plant acquired are included in M&P Programme.
Inclusion in Works Programme & Pink book the proposals are prepared through in
estimate. The estimates are of 07 types.
(i) Open tender: Open Tenders are invited through published in local/state level
newspapers, in which each & every contractor can filled in the tenders. All
tenders shall be accompanied with the earnest money @ 2% of estimated cost in
the shape of FDR, DD & Cash deposit etc. etc. If tender's estimated cost is more
than 10 lakhs, the tenders must accompany the credentials asunder:-
a. A similar nature of work costing 35% of estimated cost in last 3 financial year
shall be executed.
b. A total work over shall be 150% of estimated cost in last three financial year.
(ii) Limited Tender: Limited ender are invited from the approved list of
contractors' who registered in different categories. Viz A,B, C and So on.
(iii) Single Tender: Single Tenders are invited from a single firm (manufacturer or
monopolized items). For Single Tender prior approval of G.M. is required
before invitation of tender.
The open tender shall be sent to CPRO for publication in Newspaper & upload on
Railway Website. (Rail net).
After opening the tenders the tender committee being 3 members which are:
The tender committee sanctioned the rates quoted by the tender, with that of
credentials & financial status etc. etc. after discussion & scrutiny of credentials
submitted by the tenderer and submit their report to accepting authority.
Fuel expd. Section deals & prepare monthly fuel account after receiving the monthly
receipt & issue statement from various Diesel shed / fuel point of Division Fuel
section raised/accepted the debits received / issued fuel to different Locos of
different Division/Rly. And also prepare a monthly fuel a/c submitted along with
account prepared by the Books sec.
Inspection &Efficiency:-
Statutory Audit
The Comptroller & Auditor General of India is the final Audit authority in India.
Comptroller & Auditor General of India is responsible for the audit of accounts of
Indian Railways.
The form in which the accounts of the Indian Railway are to be kept and any
changes in the accounts classification affecting the recording of expenditure in the
finance & Revenue accounts of the Govt. of India are also Subject to the approval of
CAG.
For the audit of Railway Accounts the CAG is assisted by the Additional Deputy
Comptroller & Auditor General (Railway) and under the additional Deputy
Comptroller & auditor General are the Directors of Audit of Indian Railways who
are responsible to see on their Railway.
(i) The system of accounts used by the internal check authority is correct.
(ii) The method of check applied at every stage of the accounts is sufficient.
(iii) The accounts are maintained properly, and that arrangements exist in
Accounts Offices to ensure attention to the financial interests of the Railways
on the part of all concerned. These objections are achieved by a percentage
check to be applied to the vouchers and other connected records of the
Accounts Office and also by inspection of the initial records and documents
on the spot. During Post audit of paid vouchers, if any irregularities are
observed or any deviation in policy is observed, the Director Audit raised a
Rough Audit note against the officer concerned and a copy of the same is sent
to the Accounts Officer for necessary action If Rough Audi t note is not
decided within stipulated time, the same is converted in to the Audit note Pt-
II ( in case of regulations valued upto Rs. 5 lakh)
If the irregularities are observed amounting to more than Rs.5 lakhs and upto Rs.10
lakhs a Pt-I Audit note is framed against the executive department to which the
Irregularities have been detected with the copy of the same is forwarded to the
associated accounts.
On receipt of Rough Audit Note, Audit Note Pt-II & Audit Note-Pt-II, in accounts
office, the irregularities intimated by the Director Audit is informed to respective
executive authorities to settle the same through a Tripartite meeting with Director
Audit.
If the Deputy Addl. Comptroller & Auditor General is not satisfied with the draft
reply received from the General Manager the matter is taken to the notice of the
Comptroller & Auditor General of India, who submitted to the Public Account
Committee (PAC) & in the House of Parliament.
Similarly Director Audit may inspect the various/different offices of Railway &
check the documents with related to the extant orders. During course of inspection,
if any deviation or irregularities is observed the same is advised to the concerning
branch officer through Audit inspection report & simultaneously accounts officer is
also advise to take necessary action on the issues raised.
Similarly there is a statuary Audit Deptt. in Rly. Deptt. work under CAG & have an
independent identify. The staff of audit Deptt. also conduct the inspections of
executive Deptt. and also post audit the vouchers passed by the Accounts Deptt.
MANUFACTURING PROCESS:
Means any process for -
1. making, altering, repairing, ornamenting, finishing, packing, ceiling, washing,
cleaning, breaking up or adopting any article or substance with a view to its use,
role, transport, delivery or disposal, or
2. Pumping oil, water, sewage or any other substance, or
3. Generating, transforming or transmitting power.
OCCUPIER: Occupier of a factory means the person who has ultimate control over
the affairs of factory. Every occupier shall ensure, so far as is reasonably practicable,
the health, safety and welfare of all workers while they are at work in the factory.
In the case of a factory owned or controlled by the central Govt. or any state Govt. or
any local authority, the person or persons appointed to manage the affairs of the
factory by the central Govt., the state Govt. or the local authority, as the case may be,
shall be deemed to be the occupier.
1. Enter any place which is used, or which he has reason to believe is used as a
factory.
2. Make examination of the premises, plant, machinery, article or substance.
3. Inquire into any accident or dangerous occurrence and take on the spot or
otherwise statements of any person which he may consider necessary.
4. Require the production of any prescribed register/documents relating to
factory.
5. Seize, or take copies of any register, record or other document.
6. Direct the occupier that any premises or anything lying therein, shall be left
undisturbed.
7. Take measurement and photographs and make such recordings as he
considers necessary for the purpose of any examination.
8. In case of any article or substance found in any premises, which appears to
him as having caused or is likely to cause danger to the health or safety of the
worker, direct it to be dismantled and take possession of such article and
detain it for so long as is necessary.
9. Exercise such other powers as may be prescribed.
HEALTH:
1. Every factory shall be kept clean and accumulation of dirt and refuse shall be
removed daily by sweeping and the floors of every workroom shall be cleaned at
least once in every week by washing, using disinfectant or by some other
effective method.
2. All inside walls and partitions, all ceilings of rooms, sides and tops of passages
and staircases shall be repainted or revarnished at least once in every period of
five years and in other cases, be kept whitewashed, or color - washed at least
once in every period of fourteen months.
3. All doors and windows shall be kept painted at least once in every period of five
years.
Effective arrangements shall be made in every factory for the treatment of wastes
and effluents due to the manufacturing process carried on therein, so as to render
them innocuous and their disposal.
(i) Effective and suitable provision shall be made in every factory for adequate
ventilations by the circulation of fresh air and
In respect of all factories in which the humidity of the air is artificially increased, the
water used for the purpose shall be taken from a public supply or other source of
drinking water.
In every part of a factory where worker are working or passing, there shall be
provided and maintained sufficient and suitable lighting, natural or artificial, or
both.
In every factory sufficient latrine and urinals accommodation, separately for male
and female, shall be provided conveniently situated and accessible to workers. All
such accommodation shall be adequately lighted, ventilated and be maintained in a
clean and sanitary condition at all time.
SAFETY
In every factory every moving part of a prime mover, every fly wheel connected to a
prime mover and every dangerous part of any machinery shall be securely fenced by
safeguards.
In every factory suitable devices for cutting off power in emergencies from running
machinery shall be provided and maintained in every workroom.
All parts, including working gear of every lifting machine and every chain, rope
shall be of good construction, properly maintained and thoroughly examined by a
competent person at least once in every period of twelve months and a register
containing such information should be kept.
Effective measures shall be taken in every factory to ensure that the safe working
peripheral speed of every revolving vessel, cage, basket, pulley, disc or similar
appliance driven by power is not exceeded.
In every factory all floors, steps, stairs, passages and gangways shall be sound
construction, properly maintained and shall be kept free from obstructions and
substance likely to cause persons slip.
In every factory every fixed vessel, sump, tank, pit or opening in the ground which
may be a source of danger, shall be either securely covered or fenced.
Goggles shall be provided for the protection of persons employed in respect of any
such manufacturing process carried on risk to the eyes by reason of exposure to
excessive light as fragments thrown off.
Where in any factory any manufacturing process produces dust, gas, fume or vapour
of such character and to such extent as to be likely to explode on ignition, all
practicable measure shall be taken to present any such explosion.
In every factory all practicable measures shall be taken to prevent outbreak of fire
and its spread, both internally and externally.
Effective measures shall be taken to ensure that in every factory all the workers are
familiar with means of escape in case of fire and have been adequately trained in the
routine to be flouted in such cases.
In every factory where 1000 or more workers are ordinarily employed, safety officer
must be nominated by the occupier, if so required by the state Govt.
WELFARE
In every factory adequate and suitable facilities for washing, separately for male and
female workers, shall be provided and maintained for the use of the worker therein.
In every factory suitable places should be provided for keeping clothing not worn
during working hrs. and for the drying of wet clothing.
In every factory suitable arrangements for sitting shall be provided for all workers
obliged to work in a standing position, in order that they may take advantage of any
opportunities for rest which may occur in the course of their work.
There shall in every factory be provided and maintained first aid boxes. The number
of such boxes shall not be less than one for every one hundred and fifty workers and
where more than five hundred workers are employed there shall be provided an
ambulance room containing the prescribed equipment and medical and nursing
staff.
Factory wherein more than two hundred and fifty workers are ordinarily employed,
a canteen shall be provided and maintained by the occupiers for the use of workers.
In every factory wherein more than 150 workers are employed, adequate and
suitable shelters or rest rooms and a suitable lunch room with provision for drinking
water where worker can eat meals brought by them, shall be provided for the use of
the workers and where a lunch room exists, no worker shall eat any food in the work
room.
In every factory wherein more than 50 women (w.i.f. 26.04.1976) workers are
ordinarily employed there shall be provided suitable room or rooms for the use of
children under the age of six yrs. Of such women. The creches shall be made under
the charge of women trained in the care of children.
48 hrs. in a week, 09 hrs. in a day, period of work shall not exceed 05 hrs. at a time,
an interval of half an hour shall be given. The spread over including rest period shall
not be spread for more than 10% hrs. in a day. Overtime be paid at the rate of twice
of his/her ordinary rate of wages.
If a worker work continuously for 06 days he shall be entitled for one day rest and if
rest cannot be given than 11th day must be granted rest. Rest can be granted either
three day in advance or three days later. Normally rest should fall on Sunday.
Every worker who has worked for a period of 240 days or more in factory during a
calendar year shall be allowed during the subsequent calendar year leave at the rate
of one day for every twenty days of work performed by him during the previous
calendar year.
Note - Provision of this section shall not apply to workers in any factory of any
railway administered by the Govt., which are governed by leave rules approved by
the Central Govt. (sec. 78/2).
Save as is otherwise expressly provided in this act, if in, or in respect of any factory
there is any contravention of any of the provision of this act, the occupier and
manager of the factory shall each be guilty of an offense and punishable with
imprisonment for a term upto two years or with fine upto one lakh rupees or both,
and if the contravention is continued after conviction, with a further fine upto one
thousands rupees for each day on which the contravention is so continued.
Industrial Dispute Act came into force on the First day of April, 1947. This act is
based on the Principle of social security and justice and to make provisions for the
investigation and settlement of industrial disputes, and for certain other purposes. It
extends to the whole of India.
No workman employed in any industry who has been in continuous service for not
less than one year under an employer shall be retrenched by that employer until :-
(a) The workman has been given one month's notice in writing indicating the
reasons for retrenchment and the period of notice has expired or the workman
has been paid in lieu of such notice, wages for the period of the notice;
(b) The workman has been paid, at the time of retrenchment, compensation which
shall be equivalent to fifteen days average pay for every completed year of
continuous service or any part thereof in excess of six months and
(c) Notice in the prescribed manner is served on the appropriate government or such
authority as may be specified by the appropriate government by notification in
the Official Gazette.
6. Strike: Strike means cessation of work by a body of persons employed in any
industry acting combination, or a concerted refusal, or a refusal under a common
understanding of any number of persons who are or have been so employed to
continue to work or to accept employment.
7. Wages: Wages means all remuneration capable of being expressed in terms of
money, which would, if the terms of employment were fulfilled, be payable to a
workman and it includes allowances, value of housing accommodation or of
supply of light, water, medical attendance, any travelling concession etc.but
'wages' does not include any bonus; any contribution paid or payable by the
employer to any Pension or Provident Fund and any gratuity payable on the
termination of service.
8. Workman: Workman means any person (including an apprentice) employed in
any industry to do any manual, unskilled, skilled, technical, operational, clerical
or supervisory work for hire or reward.
But does not include any such person:-
(i) who is subjected to the Air Force Act, Army Act, Navy Act,
(ii) who is employed in the Police Service
(iii) Who is employed mainly in a managerial or administrative capacity;
(iv) Who being employed in a supervisory capacity, draws wages exceeding
1600/- P.M.
9. Industry: Industry means any business, trade, undertaking, manufacture or
calling of employers and includes any calling service, employment, handicraft or
industrial occupation or avocation or workman whether such workman are
employed by such employer directly or by or through any agency including a
contractor for the purpose of production, supply or distribution of goods or
services with a view to satisfy human wants or wishes which are merely spiritual
or religious in nature whether or not. :
(a) Any capital has been invested for the purpose of carrying on such activity, or
(b) Such activity is carried on with a motive to make any gain or profit and
includes.
(i) Any activity of the dock labour board.
(ii) Any activity relating to the promotion of sales or business or both carried on
by an establishment.
But does not include. :
(i) Any Agriculture operation.
(ii) Hospitals or Dispensaries.
(iii) Educational, Scientific Research or Training institutions.
(iv) Institutions owned or managed by organizations wholly or substantially
engaged inany Charitable, Social or Philanthropic service, or
(v) Khedi or Village industries, or
(vi) Any activity of the Government relating to his Sovereign functions of the
Government.
(vii) Any Domestic service, or
(viii) Any activity being a profession practiced by an individual or body of
individuals, if the number of persons employed by the individuals or body
of individuals in relation to such profession is less than ten., or
(ix) Any activity being carried on by a co-operative society or a club or any other
like body or individuals, if the number or persons employed by the co-
operative society, club or other such body or individuals in relation to such
activity is less than 10.
1. Works Committee: The works committees are setup where 100 or more
workmen are employed on any day in the preceding twelve months. In such
cases the appropriate Govt. may by general or special order require the employer
to constitute in the prescribed manner a works committee. In the committee
equal number of representative of workmen and management are included. This
committee promotes good industrial relation between workman and employer.
2. Conciliation Officer : The appropriate Govt. may by notification in the official
gazette, appoint such number of persons as it thinks fit, to be conciliation officer,
charged with the duty of mediating in and promoting the settlement of industrial
dispute. He may be appointed for specified areas or for specified industries in a
specified area or for one or more specified industries and either permanently or
for a limited period.
3. Boards of Conciliation: The appropriate Govt. as the occasion arises constitute a
Board of conciliation for promoting the settlement of an Industrial dispute. The
board shall consist of one chairman and two or four members as the appropriate
Govt. thinks fit. The chairman shall be independent and other members shall be
persons appointed in equal number to represent the parties to the disputes.
4. Court of enquiry: The court of enquiry is constituted by the appropriate Govt. to
enquire into any matter appearing to be connected with or relevant to an
industrial dispute. A court may consist of one independent person or of such
number of independent persons as the appropriate Govt. may thinks fit and
where a court consists of two or more members, one of them shall be appointed
as the chairman.
5. Labour courts: One or more labour courts may be constituted by the appropriate
Govt. for adjudication of industrial disputes relating to the following matters and
performing such other functions as may be assigned to them under this act.:
(a) Propriety or legality of an order passed by an employer under the standing
order.
(b) Application and interpretation of standing orders.
(c) Discharge or dismissal of workman including reinstatement of, or grant of
relief to, workman wrongfully dismissed.
(d) Withdrawal of any customary concession or privilege.
(e) Illegality or otherwise of a strike or lockout, and
1. Subject to any rules that may be made in this behalf, an arbitrator, a Board, Court,
Labour Court, Tribunal or National Tribunal shall follow such procedure as the
arbitrator or other authority concerned may think fit.
2. A conciliation officer or a member of a Board, or court or the presiding officer of
a Labour Court, Tribunal or National Tribunal may, for the purpose of inquiry
into any existing or apprehended Industrial dispute, enter the premises occupied
by any establishment to which the dispute relates.
3. Every Board, Court, Tribunal shall have the same powers as are vested in a Civil
Court under the code of Civil procedure 1908 when trying a suit. Every inquiry
or investigation by a Board, Court or Tribunal shall be deemed to be a Judicial
proceeding within the meaning of Section 193 & 228 of IPC (45 of 1860).
4. Conciliation officers shall have the same powers as are vested in a Civil Court
under the code of Civil Procedure 1908 in respect of enforcing the attendance of
any person and examine him or of compelling the production of documents.
5. All conciliation officers, members of the Board or Court, Tribunal or National
Tribunal shall be deemed to be public servants within the meaning of Section 21
of the Indian Penal code.
such things or the purpose of inducing the parties to come to a fair and amicable
settlement of dispute.
3. If a settlement of dispute or of any matters in dispute is arrived at in the course of
conciliation proceedings, conciliation officers shall send a report to appropriate
Government or an officer nominated by Government together with a
Memorandum of the settlement signed by the parties to the dispute.
4. If no such settlement is arrived at, the conciliation officer shall as soon as
practicable after the close of the investigation send to the appropriate
Government a full report setting forth the steps taken by him for ascertaining the
facts and circumstances relating to the dispute and reasons on account of which,
in his opinion, a settlement could not be arrived at.
5. A report under this section shall be submitted within fourteen days of the
commencement of the conciliation proceedings or within such shorter period as
may be fixed by the appropriate Government.
Duties of Board
Where a dispute has been referred to a Board, it shall be the duty of the Board to
endeavor to bring about a settlement of the same and do all such things as it thinks
fit to come to a fair and amicable settlement of the dispute.
If a settlement of the dispute is arrived at, the Board shall send a report thereof to the
appropriate Government (within two month or shorter period as may be fixed by the
Government).
If no such settlement is arrived at, Board will send full report including steps takes
by the Board, to the appropriate Government.
Duties of Courts :
A court shall inquire into the matters referred to it and report therein to the
appropriate Government ordinarily within a period of six months from the
commencement of its enquiry.
Where an industrial dispute has been referred to a labor courts / Tribunals, it shall
hold its proceedings and shall within the specified period, submit its award to the
appropriate Government.
An award shall become enforceable on the expiry of thirty days from the date of its
publication. Appropriate Government (Central Government) may, by notification in
the official gazette, declare that the award shall not become enforceable.
Strike in public utility services:
Any person who knowledge expends or applies any money in direct furtherance or
support of any illegal strikes and lock outs shall be punishable with imprisonment
for a term which may extend to six months or with fine which may extend to one
thousand rupees, or with both.
Any person who commits a breach of any term of any settlement or award, which is
binding on him under this act, shall be punishable with imprisonment for a term
which may extend to six months, or with fine, or both and where the breach is a
continuing one, with a further fine which may extend to two hundred rupees for
every day during which the breach continues after the conviction for the first and the
court trying the offence, if it fines the offender, may direct that the whole or any part
of the fine realised from him shall be paid, by way of compensation, to any person
who, in its opinion, has been injured by such breach.
OBJECT - This Act aims at securing prompt and regular payment of wages without
any arbitrary deductions to certain class of persons employed in industrial
establishment including Railway, either directly or through sub-contract. It applies
to
Employees whose wages are up to Rs. 6500/- per month. [RBE No. 216/05]
The employer shall fix wage period which shall not exceed one month in any case.
The mode of payment would be as under:-
1. Fines can be imposed only in respect of Acts and omissions and list of such
acts and omissions should be displayed.
2. No fine shall be imposed without giving an opportunity of "show-cause"
against the fine.
3. Fine cannot be imposed / recovered after the expiry of 90 days from the date
of offense and also cannot be recovered in installments.
4. The total amount of fine which may be imposed in any one wage period on
any employed person shall not exceed an amount equal to 3% of the wage
payable to him in respect of the wage period.
5. Fines cannot be imposed on any employed person who is under the age of 15
years.
6. All fines recovered should be used for the benefit of staff, credited to SBF.
NOTE: Deduction shall not exceed 75% of wages where payment towards co-
operative society are to be made and shall not exceed 50% of wages in other cases.
An inspector appointed under Factory Act 1948 shall be an inspector for the purpose
of this Act. An Inspector may.
(e) Seize or take copies of such registers or documents as he may consider relevant in
respect of any offense under this Act.
(f) Exercise such other powers as may be prescribed.
This is an Act to provide for the payment by certain classes of Employers to their
workmen of Compensation for injury by accident. It extends to the whole of India
and it shall come into force on the first day of July 1924.
Definitions :-
Amount of compensation -
4.If the injury of the employee results in his death, the employer shall, in addition to
the compensation under sub-section (1), deposit with the Commissioner a sum of
Five thousand for payment of the same to the eldest surviving dependent of the
employee towards the expenditure of the funeral of such employee or where the
employee did not have a dependent or was not living with his dependent at the time
of his death to the person who actually incurred such expenditure.
1. Compensation under that act (section 4) shall be paid as soon as it falls due.
2. In cases where the employer does not accept the liability for compensation to
the extent claimed, he shall be bound to make provisional payment based on
the extent of liability which he accepts, and , such payment shall be deposited
with the Commissioner or made to the employee, as the case may be, without
prejudice to the right of the employee to make any further claim.
3. Where any employer is in default in paying the compensation due under this
Act within one month from the date it fell due, the Commissioner shall -
(a) direct that the employer shall, in addition to the amount of the arrears, pay
simple interest thereon at the rate of twelve percent per annum or at such
higher rate not exceeding the maximum of the landing rates of any
scheduled bank as may be specified by the Central Government, by
notification in the Official Gazette, on the amount due; and
(b) if, in his option, there is no justification for the delay, direct that the
employer shall, in addition to the amount of the arrears, and interest
thereon pay a further sum not exceeding fifty percent of such amount by
way of penalty: (It may be recover the officer / staff held responsible for
such delay) [RB's letter No. E(CL)2000/WC/1 dt. 01.06.2000]
* Provided that an order for the payment of penalty shall not be passed
under clause (b) without giving as reasonable opportunity to the employer
to show cause why it should not be passed.
(5) Method of calculating wages. - In this Act and for the purposes thereof the
expression "monthly wages" means the amount of wages deemed to be payable
for a month's service (whether the wages are payable by the month or by
whatever other period or at piece rates), and calculated as follows, namely -
(a) where the employee has, during a continuous period of not less than twelve
months immediately preceding the accident, been in the service of the
employer who is liable to pay compensation, the monthly wages of the
workman shall be one-twelfth of the total wages which have fallen due for
payment to him by the employer in the last twelve months of that period;
(b) where the whole of the continuous period of service immediately preceding
the accident during which the workman was in the service of the employer
who is liable to pay the compensation was less than one month, the monthly
wages of the employee shall be the average monthly amount which, during the
twelve months immediately preceding the accident, was being earned by a
employee employed on the same work by the same employer, or, if there was
no employee so employed, by a employee employed on similar work in the
same locality;
(c ) in other cases including cases in which it is not possible for want of necessary
information to calculate the monthly wages under clause (b), the monthly
wages shall be thirty times the total wages earned in respect of the last
continuous period of service immediately preceding the accident from the
employer who is liable to pay compensation, divided by the number of days
comprising such period.
* Explanation. - A period of service shall, for the purpose of this section
be deemed to be continuous which has not been interrupted by a period of
absence from work exceeding fourteen days.
(8) Distribution of compensation - No payment of compensation in respect of a
employee whose injury has resulted in death, and no payment of a lump sum as
compensation to a woman or a person under a legal disability, shall be made
otherwise than by deposit with the Commissioner, and no such payment made
directly by an employer shall be deemed to be a payment of compensation.
(9) Compensation not to be assigned, attached or charged - Save as provided by this
Act no lump sum or half - monthly payment payable under this Act shall in any
way be capable of being assigned or charged or be liable to attachment or pass to
any person other than the employee by operation of law nor shall any claim be set
off against the same.
(10B) Reports of fatal accidents and serious bodily injuries - Where, by any law for
the time being in force, notice is required to be given to any authority, by or
on behalf of an employer, of any accident occurring on his premises which
results in death or serious bodily injury, the person required to give the
notice shall, within seven days of the death of serious injury, send a report to
the Commissioner giving the circumstances attending the death or serious
bodily injury. (18A) Penalties - (1) Whoever –
(1) If any question arises in any proceedings under this Act as to the liability of any
person to pay compensation (including any question as to whether a person
injured is or is not a employee) or as to the amount or duration of compensation
(including any question as to the nature or extent of disablement), the question
shall, in default of agreement, be settled by a Commissioner.
(2) No Civil Court shall have jurisdiction to settled, decide or deal with any
question which is by or under this Act required to be settled, decided or dealt
with by a Commissioner, or to enforce any liability incurred under this Act.
(1) Where any matter under this Act is to be done by or before a Commissioner, the
same shall, subject to the provisions of this Act and to any rules made
hereunder, be done by or before the Commissioner for the area in which -
(a) the accident took place which resulted in the injury; or
(b) the employee or in case of his death, the dependent calming the compensation
ordinarily resides; or
(c) the employer has his registered office .
Power and procedure of Commissioners - The Commissioner shall have all the
powers of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), for the
purpose of taking evidence on oath (which such Commissioner is hereby
Appeals -
An appeal shall lie to the High Court against the orders of a Commissioner.
Schedule -
under the employee's compensation Act. 1923 there are four schedules as appended
below :-
Schedule II - under this schedule a list of persons has been given who are included
in the definition of "employee".
Schedule III - under this schedule list of occupational diseases have been shown.
Schedule IV -this schedule indicate age factors for working out lump sum
equivalent of compensation amount in case of disablement and death .
Note:- Notional extension of duty depend upon the cases as clarified in RB letter no.
B(LL)99/AT/WC/4 dt. 12.03.99
(c) Death occurring during (a) enemy action in international war or border
skirmishes and (b) action against militants, terrorists, extremists etc. Rs.
15 lakh
(d) Death occurring while on duty in the specified high altitude, inaccessible
Border posts etc. on account of natural disasters, extreme whether
conditions. Rs. 15 lakh These order are applicable in the case of Railway
servants who die in harness on or after 1.1.2006.
(e) There will be no ceiling for grant of ex-gratia lump-sum compensation.
ABBREVIATIONS
ART ACCIDENT RELIEF TRAIN
AS AUTHORISED SCALE (IIIrd PC)
APAR ANNUAL PERFORMANCE APPRAISEL REPORT
ACR ANNUAL CONFIDENTIAL REPORT
ACME ALL CONCERNED MATTER OF ESTABLISHMENT
AIRF ALL INDIA RAILWAYMEN'S FEDERATION
AVC ANNUAL VERABLE COMPONENT
BOR BREACH OF REST ALLOWANCE
BOS BOOK OF SANCTION
CORE CENTRAL ORGANIZATION FOR RAILWAY ELECTRIFICATION
CONCOR CONTAINER CORPORATION OF INDIA LIMITED
CRIS CENTRE FOR RAILWAY INFORMATION SYSTEMs
CLW CHITRANJAN LOCOMOTIVE WORKSHOP
COIS COACHING OPERATION INFORMATION SYSTEM
CGEGIS CENTRAL GOVERNMENT EMPLOYEES GROUP INSURANCE SCHEME
COFMOW CENTRAL ORGANIZATION FOR MODERNIZATION OF WORKSHOPS
CAT CENTRAL ADMINISTRATIVE TRIBUNAL
CVC CENTRAL VIGILANCE COMMMISSION
CTG COMPOSITE TRANSFER GRANT
CIC CENTRAL INFORMATION COMMISSION
CRS COMMISSIONER OF RAILWAY SAFTEY / CHIEF RESERVASION SUPERVISOR
C& IS COMPUTERIZATION AND INFORMATION SYSTEM
CAMTECH CENTRE FOR ADVANCE MAINTANANCE TECHNOLOGY
CUG CLOSE USERS GROUP
DLW DIESEL LOCOMOTIVE WORKS SHOP
DB DIVISIONAL BENCH
DO DEMI OFFICIAL
DLI DEPOSIT LINKED INSURANCE
DMRC DELHI METRO RAIL CORPORATION
DMW DIESEL LOCO MODERNIZATION WORKSHOP
DFCCIL DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED
EDP ELECTRONICS DATA PROSSESING
FROA FEDERATION OF RAILWAY OFFICERS ASSOCIATIONS
FAX FECIMILE AUTOEXCHANGE XEROX / FIXATIONAL AUTO ZEROX
FOB FOOT OVER BRIDGE
FSC FOREIGN SERVICE CONTRIBUTION
FOIS FREIGHT OPERATIONS INFORMATION SYSTEM
GDCE GENERAL DEPARTMENTAL COMPETITIVE EXAMINATION
GRRS GENERAL RULES REVIEW COMMITTEE
HRD HUMAN RESOURCE DEVELOPMENT
HLCDM HIGH LEVEL COMMITTEE ON DISASTER MANAGEMENT
HMS HIND MAZDOOR SABHA
HOER HOURS OF EMPLOYMENT REGULATION
ILO INTERNATIONAL LABOUR ORGANIZATION
INTUC INDIAN NATIONAL TRADE UNION CONGRESS
IRDA INSURANCE REGULATORY AND DEVLOPMENT AUTHORITY
IRISET INDIAN RAILWAY INSTITUTE OF SIGNAL ENGEENIERS AND
TELECOMMUNICATION
IRICEN INDIAN RAILWAY INSTITUTE OF CIVIL ENGEENIERS
IRIMEEN INDIAN RAILWAY INSTITUTE OF MECHANICAL AND ELECTRICAL
ENGEENIERS
IRIEEN INDIAN RAILWAY INSTITUTE OF ELECTRICAL ENGEENIERS
IRITM INDIAN RAILWAY INSTITUTE OF TRANSPORT MANAGEMENT
IRCTC INDIAN RAILWAY CATERING AND TOURISM CORPORATION
IREC INDIAN RAILWAY ESTABLISHMENT CODE
IREM INDIAN RAILWAY ESTABLISHMENT MANNUAL
IRCON INDIAN RAILWAY CONSTRUCTION COMPANY LIMITED