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CHAPTER
XIV FORWARDING
OF APPLICATIONS FROM SERVING RAILWAY EMPLOYEES FOR POSTS 1401.
Railway employees may be given 4 opportunities in a year to apply in
response to notices of Government Departments/Public Sector
Undertakings/autonomous bodies wholly or substantially financed and
controlled by Central or State Government except where holding of any such
applications is considered
justified in the public interest by the competent authority. Applications
in response to UPSC advertisement will not be counted against the four
opportunities mentioned above. 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. In taking the decision to withhold the
application the competent authority has to balance the interest of the
state against the necessity of causing hardship to the individual. This
discretion should be applied with utmost objectivity and not mechanically.
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 :— (i)
The Railway employee is engaged on important time-bound projects and the
work would be seriously dislocated if he is relieved. (ii)
A railway employee is under suspension or is facing departmental
proceedings/prosecution
in a Court. (iii)
A railway employee is applying for a post which is equivalent in status
and rank. [E(NG)/78/AP/l
dated 27-2-1979] 1402.
Authorities competent to forward applications.—Applications of staff and
officers below Junior Administrative Grade may be forwarded by the General
Manager or by the lower authority to whom he may further delegate these
powers. When, however, the
lower authority decides to withhold an application it should be done only
with the approval of the General Manager or the Head of Department
concerned. Applications of Officers of the Junior Administration Grade and above in response to vacancies notified by Railway PSUs/Autonomous Bodies for appointment on deputation basis may be forwarded to the PSUs/ABs with the approval of General Manager. Applications of officers of the Junior Administrative Grade and above for deputation to other than Railway PSUs/ ABs may be forwarded to the Railway Board for disposal. Orders for deputation of the officers in all cases shall be issued by the Railway Board. (Authority: Board’s letter No 2018/E(O)II/41/dated 7.3.2018 addressed to the CMD/MDs of all Railway PSUs & Autonomous Bodies and copies endorsed to all Indian Railways & PU's) 1403.
Application for employment in a private concern.—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 Government or State Government, public sector enterprise wholly
and partly owned by
the Central Government or a State Government or an
autonomous body wholly or substantially financed and controlled by the
Central Government or a State
Government will be treated as a private employment. [E(NG)
57 RC1/56 dated 21-1-1961 and E(NG) 1/84 AP/9 dated 11-4-1986]
1405. Continuity of service on technical resignation :— A permanent railway servant appointed in another Central Government Department/Office has to resign from his parent department unless he reverts to that department within a period of 2 years or 3 years in exceptional cases. Such resignations shall not be deemed to be resignation within the meaning of Rule 41(2) of Railway Services (Pension) Rules, 1993 for the purpose of pension. As a consequence, continuity of service benefits should be allowed to such employees in the matter of leave also i.e. the railway employee will be allowed to carry forward the leave earned by him, not only on the Railway but that earned during the temporary service or probation in the Civil Department also. 1406. The
applications of railway employees for posts under State Government and
their undertakings etc. may be forwarded subject to the provisions of para
1404 and instructions issued from time to time and within the limit laid
down for forwarding applications for outside posts. (Authority:-
Railway Ministry’s letter No. E(NG)I/2006/AP/2 dt. 30.3.2006) 1406-A. Forwarding of applications for posts advertised by Central/ Public Sector Undertakings/ Central Autonomous Bodies :— Applications of Railway servants in response to press advertisement for posts in Central Public Enterprises/Autonomous Bodies may be forwarded with a clear understanding with the Railway servants that in the event of their selection for the post applied for they will sever their connections with the Railways before joining the Public Sector Undertakings/ Autonomous Bodies. There is no question of retention of lien in such cases. A Railway servant selected on the basis of his application with proper permission for post in Central Public Enterprises/Central Autonomous Bodies will be required to give his/her technical resignation before his/her relief from Railway service. The Railway servant may thereafter be relieved to take up appointment in the Public Sector Undertaking/ Autonomous Body. The relieving order should indicate the period within which the official should join the Public Sector Undertaking/ Autonomous Body. Normally this period should not be more than 15 days. This period may be extended by the competent authority for reasons beyond the control of the official. Necessary notification/ orders accepting the resignation of the Railway servant from Railway service should be issued from the actual date of his/her joining the Public Sector Undertaking/Autonomous Body. The period between the date of relieving and the date of joining Public Sector Undertaking/ Autonomous Body can be regulated as leave of the kind due and admissible and if no leave is due, by grant of extra ordinary leave. In case he/she is not able to join the Public Sector Undertaking/Autonomous Body within the period allowed by the competent authority, he/she should report back to the parent office forthwith. 1407. Permission for applying for posts advertised by International Organisations/ Foreign Governments:— Railway servants may apply in response to open or public advertisement of vacancies by the International Organisation and Foreign Government's with the prior permission of the cadre controlling authority concerned. In rare cases, when the time available for submitting the application is short, a Railway servant may send his application to the concerned agency in advance with a copy to his cadre controlling authority and this may be confirmed or withdrawn subsequently depending on the decision of the authority. The cadre controlling authorities would consider each case only from the point of view of whether the Railways servant could be spared or not, no other general considerations should be applied in taking a decision in the case. A Railway servant may be permitted to apply in response to a public advertisement even if he has completed the permitted number of years he can spend in international/ foreign assignment in his career. However, in such a case, he would have to resign or take retirement from Government service on selection. A Railway servant applying for an international assignment in response to public advertisement will not be given the status of "official nominee" for the assignment. Correspondence relating to the grant or denial of permission will be between a Railway servant concerned and the cadre controlling authority/ Government and latter will not correspond with the international organisation/ foreign Government on the subject.
1408.
Forwarding of applications from railway
employees to U.P.S.C.—The Railway employees who wish to appear at the
competitive examination conducted by UPSC or wish to apply for posts,
recruitment to which is proposed to be made by selection through UPSC may
submit their complete applications in the prescribed form direct to UPSC.
They should, however, immediately inform the 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
Government employees in
question to be considered by the Commission. [E(NG)
II/79/AP/2 dated 31-1-1979]. 1409.
Issue of 'No Objection Certificate' for registration of name with
the Employment
Exchange.— (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
Under taking/Autonomous bodies for the higher poet, 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. [E(NG)
III/70/AP/1 dated
22-2-1971]. 1410.
Refund of cost of training and enforcement of bond-money in respect of
railway employees who secured employment elsewhere on the basis of their
duly forwarded applications— "(i) Non-gazetted
Railway employees who have
received training at
Railway expense
whether in the form of an ' induction training ' or
in a specific avocation
may be
exempted from refunding the
cost of training in the
event of their selection to other posts under the Central or State
Govt. or in Public Sector undertaking
/ Autonomous
Bodies wholly or substantially
owned/financed /controlled by
the Central Government or a State Govt.
However, a
fresh bond should be taken from such employees to ensure that they serve
the new employer for the balance of the original bond period. The Railway
Administration with whom the employee has executed the original bond, may
at the time of forwarding of his application (and if it is not possible,
before his release) for another post, may write to the department/organisation
under whom the employee intends to take up another appointment, intimating
them about the bond obligation of the individual and clarifying that in
the event of his selection for the new post, his release will be subject
to the condition that the new department/organisation obtains from him a
fresh bond binding him to serve them for the balance of the original bond
period and in case he fails to serve the new department/organisation, or
leaves it before completion of the original bond period, for a job, where
exemption from bond obligation is not available. The proportionate bond
money should be realised from the individual and refunded to the Railway
Administration, with whom he had originally executed a bond. The
Ministry/Department/Organisation where the person a newly employed, should
also duly intimate the original Ministry /Department /Organisation,
the fact of a fresh bond having been executed by the person concerned. (Authority
Board's letter No. E(NG) I-89/AP/5 dated 25-6-98)
(ii) Exemption from recovery of the training expenses in terms of this para
includes payments made to an individual in the shape of training allowance
or stipend. The instructions are not restrictive but cover all aspects of
training including Apprenticeship. It is also clarified that exemption
from recovery of expenses applies to all types of expenditure—direct or
indirect—including payments made as training allowance or stipend.
(iii) These instructions
also apply to
cases where a railway employee has been selected for
a post/service (other than Private employment) for which he had
applied before joining the Railway, with whom he had executed a bond. [E(NG)
II/77/AP/6 dated 9-2-1979 & E(NG)I/84/AP/9 dated 11-4-1986].
(iv)
Provision contained in the
above para are
applicable to all
the railway
employees including gazetted officers, probationers
and special class
railway Apprentices during apprenticeship
training, probationary period and also where they are occupying
working post. (c) DELETED (Vide letter no. E(NG)I-89/AP dated 12.12.2007)-acs no.198 [E(NG)
II/79/AP/9 dated
3-7-79]. 1411.
Transfer in the Public Interest 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. 1412.
Forwarding of application of railway servants when conduct is under
investigation :— (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 facie case 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. [E (D&A) 75-RG6-65 dated 19-10-1978 & 19-1-1976 and E (D&A) 75-RG6-39 dated 6-10-1968] -----------------------------*********---------------------- |