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CHAPTER
XV TERMS
AND CONDITIONS APPLICABLE TO RAILWAY SERVANTS AND SUBSTITUTES IN Non-Gazetted
Staff 1501. (i) Temporary Railway Servants Definition—A
"temporary railway servant" means a railway servant without a
lien on a permanent post on a Railway or any other administration or
office under the Railway Board. The term does not include "casual
labour", including 'casual labour with temporary status', a
"contract" or "part-time" employee or an
"apprentice". 1502.
Termination of service and periods of notice.— (1)
When a person without a lien on a permanent
post under Government is appointed to hold a temporary post or to
officiate in a permanent post, he is entitled to no notice of the
termination of his service, if such
termination is due to the expiry of the sanction of the post which he
holds or the expiry of the officiating vacancy, or to his compulsory
retirement due to mental or physical incapacity or to his removal or dismissal as a disciplinary measure after
compliance with the provisions of Clause (2) of Article 311 of the
Constitution of India. If the termination of his service is due to some other cause, he shall
be entitled to one month's notice provided he was engaged on a contract
for a definite
period and the contract does not provide for any other period of
notice; and to a notice of 14 days if he was not engaged on a contract.
Temporary railway servants with over three years continuous service shall,
however, be entitle to a month's
notice. The periods of notice
specified above shall apply on either side., and steps should be taken
to bring this condition to the notice of the Railway servants
concerned. (2)
Apprentices - Except as otherwise provided in his service
agreement, the service
of the apprentice shall be liable to termination on one weeks
notice. (3)
Certain other Railway Servants - The service of certain other
Railway servant specified below shall be liable to termination of notice
on either side for the periods shown against each. Such notice is not,
however, required in cases of dismissal or removal as a disciplinary
measure after compliance with the provisions of Clause (2) of Article 311
of the Constitution and compulsory retirement due to mental or physical
incapacity—
(4)
The service of any of the
Railway servants mentioned in Clause (1), (2) and (3) who is
entitled to a notice of stipulated period may be terminated forthwith and
on such termination, the Railway servants shall be entitled to claim a sum
equivalent to the amount of his pay plus allowance for the
stipulated period of notice at the same rates at which he was drawing them
immediately before the termination of his service or, as the case may be,
for the period by which such notice falls short of the stipulated
period of notice. Note—The
appointing authorities are empowered to reduce or waive, at their
discretion, the stipulated period of notice to be given by Railway servant
but the reason justifying their action should be recorded. This power
cannot be redelegated. (5)
The notice of termination of service or order of forthwith
termination of service, as the case may be, under this rule should be
given by the authority not lower than the appointing authority. (6)
Notwithstanding anything contained in Clauses (1), (2) and (4)
above, if the Railway servant or apprentice is one to whom the provision
of the Industrial Disputes Act, 1947 apply, he/she shall be entitled to
notice or wage in lieu thereof in accordance with the provisions of that
Act. Note.—No
notice of termination will be necessary in a case where temporary railway
servant is deemed to have resigned his appointment and ceased to be in
employment if such person remained absent on extraordinary leave beyond a
limit of five years for whom no show cause notice is required, as in the
case of permanent railway servant. 1503.
Pay and allowances.—The scales of pay and allowances shall be the
same as are applicable to Permanent railway servants of the corresponding
status. 1504.
Compensatory and local allowances,—Unless specifically stated otherwise in
the relevant Code rules or orders, a temporary railway servant shall be
entitled to the same scales of compensatory and a local allowances as may
be admissible to a permanent railway servant placed in similar
circumstances. 1505.
Educational Assistance.—This concession shall be admissible to a
Railway servant including those on deputation to Railways whose pay is
debit able to Railway Revenues, but shall not apply to :— (a) Civil servants; (b)
Persons in casual or daily rates or ad-hoc or part-time employment; (c)
persons paid from contingencies; and (d)
persons employed on contract except where the contract provided
otherwise. These
orders shall also apply to Railway servants on deputation to State
Governments or on foreign service, provided necessary provisions in regard
to the drawal of educational assistance under those orders from such State
Government or foreign employers is expressly made in the terms of
deputation or foreign service. 1506.
Medical attendance.—There shall be no distinction in regard to
the applicability of this concession to railway servants whether they are
in permanent railway service or not. 1507.
Leave Rules.—The relevant provisions
are contained in Chapter V—'Leave Rules'—of
Indian Railway Establishment Code Vol. I—1985 Edition. 1508.
Allotment of residences
and recovery
of rent.—Subject to
the availability of accommodation , a temporary railway servant is eligible
for allotment of the same to pay rent therefore in the same way as a
permanent railway servant would. 1509.
Passes.—A temporary railway
servant is entitled to the same scale of passes as are admissible to a
permanent railway servant of the corresponding status. 1510.
Advances.—Subject to
the conditions
laid down in Chapter X of Indian Railway Administration &
Finance a temporary railway
servant may be granted advances for the purposes mentioned in that
Chapter. 1511.
Provident Fund and gratuity.—These may be regulated as per rules
contained in Chapter 9 and Chapter 10 of Indian Railway Estt. Code Vol. I
(1985 Edition) pertaining
to 'State Railway Provident Fund and Gratuity' respectively. (ii)
SUBSTITUTES 1512.
Definition.—"Substitutes"
are persons engaged in
Indian Railway Establishments on regular scales of pay and allowances
applicable to posts against which they are employed. These posts fall
vacant on account of a railway servant being on leave or due to non-availability
of permanent or temporary railway servants and which cannot be kept
vacant. 1513.
Circumstances under which substitutes can be recruited :— (i)
Ordinarily there should be no occasion to engage "substitutes"
having regard to the fact that practically in all categories of railway
servants leave reserve has been provided for. However, when owing to an
abnormally high rate of absentees the leave reserve may become inadequate
or ineffective as in the case of heavy sickness, or where the leave
reserve is available but it is not possible to provide the same, say at a
wayside station, and it may become absolutely necessary to engage
substitutes even in vacancies of short duration. (ii)
As far as possible Substitutes should be drawn from a panel of suitable
candidates selected from Group 'C and 'D' posts and should be engaged
subject to the observations made in (i) above, only in the following circumstances
:— (a)
Against regular vacancies of unskilled and other categories of
Group 'D' staff requiring replacement
for which arrangements
cannot be
made within the
existing leave reserve. (b)
Against a chain vacancy in the lower category of Group 'D' staff
arising out of the incumbent in a higher Group 'D' category being on
leave, where it is not possible to fill the post from within the existing
leave reserve. (c)
Against posts in categories for which no leave reserve has been
provided. (d)
Against vacancies in other circumstances notified by
the Railway
Board from time to time. 1514.
Emoluments payable to the Substitutes.—Substitutes should be paid regular
scales of pay and allowances admissible to such posts, irrespective of the
nature or duration of the vacancy. 1515.
Rights and privileges admissible to the Substitutes.—Substitutes
should be afforded all the rights and privileges as may be admissible to
temporary railway servants, from time to time on
completion of
four months continuous service. Substitute
school teachers may, however, be afforded temporary status after they have
put in continuous service
of three months and their
services should be treated as continuous for all purposes except seniority
on their eventual absorption against regular posts after selection. Note.—The
conferment of temporary status on the Substitutes on completion of four
months continuous service will not entitle them to automatic
absorption/appointment to railway service
unless they are in turn for such appointment on the basis of their
position in select lists and/or they are selected in the approved manner
for appointment to regular railway posts. Substitutes
who are appearing in Railway Recruitment Board Examination will be
entitled to relaxation of age by the period of service as substitute
subject to the age of 35 years not being exceeded, provided he has put in
3 years (at one stretch or broken) service as substitute/casual labour.
Bd's
No. E(NG)II/79/CL/17 dt. 28-4-79). 1516.
Breaks in service.- The following cases of absence will not be considered
as breaks in service for the purpose of determining four months'
continuous employment referred to above :— (a)
The periods of absence of a Substitute who is under medical
treatment in connection with
injuries sustained on duty covered by the provisions under the Workmen's
Compensation Act. (b)
Authorised absence not exceeding 20 days during the preceding six
months. Note.—Unauthorised
absence or stoppage of work will be treated as a break in continuity of
employment. (c)
Days of rest given under the Hours of Employment Regulations or
under the Statutory Enactments and the days
on which
the Establishment employing the substitutes re-mains closed will
not be counted against the limit of 15 days authorised absence referred
to above. The
term "authorized
absence" for this purpose covers permission granted by the
Supervisory official in charge to be away from
the work for the period specified. (d)
Periods involved in journey etc., for joining the post on transfer
from one station to another station or within the same station it self, in
the exigencies of service but not exceeding in any case normal period of
joining time permissible under the rules. (e) A register should be maintained for recording the names of all "Substitutes" wherever employed according to the unit of recruitment e.g. Division, Workshops, P.W.Is. lengths etc. strictly in the order of their taking up Substitute employment at the time of their initial engagement. -------------------********------------------- |
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