CHAPTER I
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CHAPTER I

SECTION "C"  

EMPLOYMENT OF TUBERCULOSIS, PLEURISY AND LEPROSY PATIENTS IN  

THE INDIAN RAILWAY SERVICES

101.  There is no bar to employment on Railway of persons who may have suffered from tuberculosis in the past but are certified by tuberculosis/chest specialist of Govt. Tuberculosis and Chest Institution or Medical College as healed case & fit for employment, provided such persons are also certified by the Railway Tuberculosis and Chest Specialist as non-infectious and healed or by Medical Board as the case may be.  

102.  A Railway employee whose services are terminated either because of non-availability of leave (including extra ordinary leave) to his credit or because he was declared unfit for all category, as there appears to be no reasonable prospect of the employee ever being fit to resume duty (i.e. under Rule  519-R-I (1985  edition) which  should,  however, be used with due care so as not to cause unnecessary hardship in tuberculosis cases) may on recovery and on his being certified by a tuberculosis and Chest Specialist of Govt. Tuberculosis/Chest Institute or Medical College as non-infectious and healed and fit for employment even in permanent capacity, in suitable post provided such person is certified by the Railway Tuberculosis/ Chest Specialist as noninfectious and healed or by Medical Board as the case may be. Re-employment of such persons after full treatment in categories like Nurses, cooks etc is no bar. However, they should be checked periodically for their condition.  

103.  The  following special  concessions  will be admissible :  

(a) When re-employed in permanent posts, they may be confirmed therein out of turn provided they were permanent before their services were terminated;  

(b) If only temporary, they may be confirmed giving due credit for previous service for this purpose only;

(c) The pay on re-employment should be so fixed that as far as possible there is no diminution in emoluments.

(d) Leave.—The balance of leave at credit, if any, should lapse and the railway servant must be brought on to the Liberalised Leave Rules;

  

(e) Provident Fund and Special Contribution to Provident Fund and Pension. The Railway servants should be treated as reappointed and governed by the Pension Rules as applicable to railway servants on or after 16th Nov. 1957, the break in service being regulated on the lines of the provisions of rule 2609 (C.S.R. 519) RII.(old) Condonation of breaks in service for the purpose of provident fund and special contribution will not arise in such cases.  

(f) Passes and Privilege ticket orders.—Condonation of breaks in service for this purpose will accrue only when such breaks are condoned for the purpose mentioned in item (e)  above.  

Note.—Re-employment of gazetted railway servants on above mentioned conditions requires Railway Board's orders.

  104.  The service rendered by the ex-tuberculosis patient before his discharge from service on account of tuberculosis will count for eligibility to appear in departmental tests/examinations as if there had been no break in the service.  

105.  The above concessions will apply to pleurisy/ leprosy patients also whose services are terminated on account of their illness from such diseases.  

CHAPTER I

SECTION 'D'

VERIFICATION OF CHARACTER AND ANTECEDENTS BEFORE APPOINTMENT AND EXCLUSION FROM GOVERNMENT SERVICE  

101. The appointing authority should satisfy itself  that the character and antecedents of the person proposed to be appointed are such as do not render him unsuitable for appointment to Government service in accordance with the instructions issued by the Railway Board to Railway administrations from time to time.   

 

 

 

 

SECTION 'F'

Confirmation

PART I - PROVISIONS IN FORCE UPTO 31-12-1988 

101. General Principle: 

(i)Two or more railway servants cannot be appointed substantively to the same post at the same time. 

(ii) A railway servant cannot be appointed substantively except as a temporary measure to two or more permanent posts at the same time.  

(iii) A railway servant cannot be appointed substantively to a post on which another railway servant holds a lien.

102. Date of effect : Confirmation may be given retrospective effect from any date provided that: — 

(a) a substantive vacancy existed on that or from an earlier date;  

 

(b) the railway servant was actually holding, otherwise than as purely local or temporary arrangement or would have held such a post but for his appointment to a higher or equivalent post;  

 

(c) in the case of selection posts, confirmations should follow the order of seniority assigned by the selection board in the panel for promotion excepting that those who are not considered fit for confirmation will be superseded;

 

 (d)other requirements of rules regulating appointments and confirmations are satisfied and the railway servant concerned would have been confirmed in the post had the existence of the permanent vacancy been known on the relevant date;  

 

(e) in the case of a railway servant, whether permanent or temporary, who is on leave preparatory to retirement or leave after invalidation or dies while in service, a permanent vacancy is available before the date of his actual retirement i.e., the date of expiry of such leave or death, as the case may be.  

 

Note : 1.The case of the senior person who has been superseded may be reviewed after six months or a year and if he is found fit, he should be confirmed without affecting his seniority. If he is not found fit for confirmation even at the time of review, he should be deemed to be unfit for holding the post and reverted to the lower grade post after following the prescribed procedure. This principle should also be followed in the case of staff who are promoted against non-selection posts on the basis of seniority-cum-suitability.

 

 2.     So far as Railway servant governed by ex-company or State Railway Leave Rules is concerned, the relevant date for the purpose of sub-para 'e' above should be deemed to be the date on which his lien is terminated whether on expiry of the privilege leave portion of the leave preparatory to retirement or otherwise.  

 

3.     The benefit of retrospective confirmation should not be allowed to temporary railway servants who resign from service except when resignation is with a view to taking up employment, with proper permission with another Government Department/Public Sector Undertaking/Autonomous Body.  

 

4.     For the purpose of service referred to in sub-para 'e' above, the period of refused leave under rule 2127 R-I  will not be included.  

 

5.     The benefit of confirmation should not be allowed in higher officiating post to an employee who was confirmed in lower post but was officiating in higher post at the time of resignation.

 

103. Confirmation during penalty: Subject to the conditions in para102 above, an employee undergoing a penalty of withholding of increments (with cumulative or non-cumulative effect) should be confirmed from the date the vacancy actually falls but the actual order of confirmation should be issued only after expiry of the currency of the penalty, confirmation being given retrospective effect. Similarly, the case of a person undergoing penalty of reduction to lower stage in time scale may also be considered for confirmation. However, in the case of punishment of reduction to lower time scale of pay, grade, post or service, the confirmation case may be decided on the basis of the seniority position after the penalty is over and the employee has been restored to the post or grade in which confirmation is to be made.

 

104. Provisional confirmations : A railway servant may be provisionally confirmed against a post on which another railway servant holds a lien, which is suspended on account of:  

 

(a) the latter's appointment in a substantive capacity : 

 (i)  to a tenure post, or  

(ii) to a permanent post outside the cadre on which he is borne, or  

(iii) provisionally, to a post on which another railway servant would hold a lien had his lien not been suspended, or  

 

(b)(i) his deputation out of India, or  

(ii)his transfer to foreign service, or  

(iii) the post falls vacant in circumstances not covered by clause (a) above, e.g. when a railway servant is transferred, whether in a substantive or officiating capacity, to a post in another cadre.

 

and in any of the above cases, there is reason to believe that he will remain absent from the post on which he holds a lien for a period of not less then three years. The provisional confirmation, shall, however, be cancelled as soon as the railway servant's suspended lien revives.  

 

This concession will, however, be restricted to only one man against one post at a time where the lien is suspended under clause (b), that is to say, after a railway servant acquires a provisional lien on a particular post under circumstances mentioned under (b), his lien cannot be further suspended so as to permit another railway servant to be confirmed provisionally against that very post.  

105. Erroneous Confirmations :

         I. Cases where confirmations were erroneously made and where orders have to be rescinded may fall into one of the following categories, e.g. :—

                    (1)      the order of confirmation was clearly contrary to the relevant statutory rules and there is no power or discretion to relax the rules.

                     (2)      the order of confirmation was made when there was no substantive vacancy and the confirming authority had no power to create the post in which the railway servant was confirmed.

                     ( 3)      the order of confirmation was made in error, e.g. naming wrong person, mistaken identity.

                      (4)     where confirmation is contrary to executive orders or administrative instructions, as for example, where there is a clerical mistake in determining the relative seniority of a person to be confirmed or an order of confirmation in a particular grade has been issued by an officer who is not competent to do so.

        II.         The General Manager or any other officer not below the rank of Level-1 Head of the Department so far as non-gazetted Railway Servants are concerned may decide the cases of rescinding confirmation effected in the circumstances enumerated in (1) to (4) above.

106. A railway servant should be confirmed in the grade in which he is originally recruited and not in a grade lower than that.

 

107. In respect of categories of non-gazetted staff which are filled partly by promotion and partly by direct recruitment, Railway servants sometime continues to officiate for several years without being confirmed on the ground that they were in excess of the promotion quota. In such a case, where a railway servant is put to officiate for five years or more, he should be confirmed against the quota reserved for direct recruitment, if he had been appointed on a regular basis after due selection or suitability test.

 

108. Cases of staff promoted on a regular basis should be reviewed after completion of one year's continuous officiating service, even if a permanent vacancy does not exist, with a view to determining their suitability for retention in the grade. The review should be completed early and a decision to retain the employee in the officiating post or revert him, taken and implemented within a period of 18 months of officiating service. Having followed this procedure, there should be no question of denying the benefits of confirmation to an employee on completion of two years officiating service in a clear permanent vacancy for the reason that he is unfit for confirmation.

 

109. Staff for whom knowledge in First Aid has been prescribed as essential must keep it alive throughout the entire period of their service. Those who fail to acquire the knowledge of First Aid within a specified period of time may be punished with stoppage of increments or withholding of promotions after giving them a 'Show cause Notice' and following the other disciplinary procedure. Pharmacists should be confirmed only after they have qualified in the First Aid examination.

 

110. Creation of Supernumerary Posts :— Subject to the observance of the principles set out below, supernumerary posts may be created by the Railway Administrations under their own powers to the same extent to which they are competent to create regular permanent posts. Cases, where deviations from the general criteria mentioned below are involved, may be referred to the Railway Board.

               (i) A supernumerary post is a shadow post i.e. no duties are attached to the post. The Railway servant whose lien is maintained against such a post performs duties in some other vacant temporary or permanent post.

                (ii) It can be created only if another vacant permanent or temporary post is available for the railway servant whose lien is to be protected by the creation of the supernumerary post. In other words, it should not be created in circumstances which at the time of the creation of the post or thereafter, would lead to an excess of the working strength.

                 (iii) It is personal to the railway servant for whom it is created and no other railway servant can be appointed against such a post. It stands abolished as soon as the railway servant for whom it was created vacates it on account of retirement or confirmation in another regular permanent post or for any other reason. In other words no officiating arrangements can be made against such a post. Since the supernumerary post is not a working post, the number of working posts in a cadre will continue to be regulated in a manner that, if a permanent incumbent of one of the regular posts returns to the cadre and all the posts are manned, one of the railway servants of the cadre will have to make room for him. He should not be shown against a supernumerary post.

                  (iv) Railway administration should maintain a record of supernumerary posts, the particulars of the individuals who hold lien against them and the progressive abolition of such posts and when the holders of the posts retire or are absorbed in regular permanent posts, for the purpose of verification of service for pension etc.  

PART II - PROVISIONS IN FORCE FROM 1.1.1989 

 

Confirmation delinked from the availability of permanent posts

 

111. General Principles : From 01.01.1989 :

               (i) Confirmation of a Railway servant is delinked from the availability of permanent posts in the grade. In other words, a railway servant who has successfully completed the probation may be considered for confirmation.

                (ii) Confirmation will be made only once in the service of a railway servant which will be in the entry grade.

112. Confirmation in the Grade to which initially recruited :—

               (i) A two years probation period should be introduced in all recruitment grades. Where initial training period is prescribed, such as in the case of Apprentice PWIs, Traffic Apprentices etc., the probation period will start after a successful completion of training.

               (ii) The appointee should satisfactorily complete the probation.

                (iii) The procedure existing prior to 01.01.1989 for considering a  railway servant as eligible for confirmation should continue to be followed.

                (iv) A specific order of confirmation will be issued when the case is cleared from all angles.

113. Confirmation on Promotion :—

 

                (i)  A probation period of 12 months should be prescribed in all grades of promotion.

                (ii) The Appointing Authority will, on completion of the said period of probation, himself assess the work and conduct of the railway servant and, in case the railway servant is found fit to hold the higher grade, he will pass an order declaring that the person concerned has successfully completed the probation. If the Appointing Authority considers that the work of the railway servant has not been satisfactory or the same is needed to be watched for some more time, he may revert him to the post or grade from which he was promoted, or extend the period of probation, as the case may be.

                 (iii) Since there will be no confirmation on promotion before an official is declared to have completed the probation satisfactorily, a rigorous screening of his performance should be made and there should be no hesitation to revert a person to the post or grade from which he was promoted, if his work during probation has not been satisfactory. The screening should be completed early and a decision to declare the employee as having completed the probation satisfactorily in the higher grade, or to revert him, should be taken and implemented within a period of 6 months of completion of period of probation." 

              114. Lien :—

                  (i) With effect from 01.01.1989 the concept of lien as the title of a railway servant to hold substantively a permanent post will undergo a change. Lien will represent only the right/title of a railway servant to hold a regular post, whether permanent or temporary, either immediately or on the termination of the periods of absence. The benefit of having a lien in the grade will thus be enjoyed by all the railway servants who are confirmed in the grade of entry or who have been promoted to a higher post declared as having completed the probation period prescribed under the rules.

                   (ii) The above right/title will, however, be subject to the condition that the junior most persons in the grade will be liable to be reverted to the lower grade if at any time the number of persons so entitled is more than the posts available in that grade. For example, if a person who is confirmed or whose probation in a higher post has been declared as having been completed reverts from deputation or foreign service and if there is no vacancy in that grade to accommodate him, the junior most person will be reverted. If, however, this railway servant himself is the junior most he will be reverted to the next lower grade from which he was earlier promoted.

115. Special Provisions :—

              (i)  The provisions of this Part will also apply to :—

                       (a)     the directly recruited Junior Accounts Assistants subject to the condition that they will be confirmed after successful completion of the probation period if they have passed Appendix-II-A Examination within that period and in case they fail to pass the examination within the prescribed period of probation, the benefit of confirmation will follow only from the date of passing the examination.

                        (b)   the Workshop staff i.e. Artisans in skilled grade, Khalasi, Helpers and Khalasis employed in Workshops.

               (ii) The provisions of this Part will not, however, apply to :—

                              (a) appointments made on ad-hoc basis i.e. it is only the appointments made on regular basis which will come within the purview of this Part.

                             (b) persons appointed against the posts in purely temporary organisations such as Committees and Commissions created for a specific objective for a limited period; and

                             (c) ex-cadre/tenure posts/Casual Labour and substitutes including Casual Labour and substitutes with temporary status.  

                     (Authority:- Railway Boards letter NO. E(NG)I-98/CN5/1 dated     12.10.98 and 2-08-01)

 

CHAPTER I

SECTION 'G'  

EXTENSION OF SERVICE TO OR RE-EMPLOYMENT OF RAILWAY SERVANTS 

(REFER TO PROVISION IN CHAPTER 4 IN INDIAN RAILWAYS ESTABLISHMENT CODE VOL. I 1985 EDITION  

Sub-section I. Extension of service/Re-employment beyond the age of superannuation

  101.  General—No railway servant will be retained in service beyond the date of his compulsory retirement except when it is clearly in the Public interest and where it is certified in each case that other employees in service are either not ripe enough to take up the appointment or that the retiring employee is of such outstanding merit that it is considered necessary to retain him in service further. In Non-technical categories where replacement is normally easy, retention in service beyond the age of superannuation should be resorted to only in exceptional cases. The incumbents of posts classified as "scientific and technical" for which qualifications in the natural/exact sciences, or applied sciences, or in technology are prescribed, and who have to use that knowledge in the discharge of their duties (as distinct from general or administrative posts, which are not necessarily to be filled by technical personnel) may normally be granted extension/re-employment beyond the age of superannuation provided they are fit for further retention in service. It is not desirable to permit extension of service to railway servants (both gazetted and non-gazetted) who are inefficient, lacking in integrity or otherwise unfit for further service.

  102. Period—Extension or re-employment beyond the date of superannuation may be ranted for a period of one year at a time.  

 Provided that the appropriate authority shall have the right to terminate the extension of service, before the expiry of such extension, by giving a notice, in writing, of not less than three months in the case of a permanent railway servant or one month in the case of a  temporary railway servant: or pay and allowances in lieu thereof.

  [Authority : Railway Board's letter No. E(P&A)I-83/EM-1/4 dated 25-2-1984].    

103. Categories:—  

(i) Where extension or re-employment is permitted, the normal rule should be to grant extension if the employment after the age of superannuation is to be in cadre post, and the post is such that it must necessarily be filled by men of a technical or scientific or professional group. Posts in the Civil, Mechanical, Electrical, Signal and Telecommunication and Stores Departments requiring technical qualifications may be regarded as belonging to this category. In other cases re-employment should be under the normal rule.  

(ii) No extension of service should be given under any circumstances in the category of office staff (other than technical office staff) in any grade including grades above the recruitment grades.

(iii) No extension of service will be given to the officers of the Personnel and the Commercial Department or Junior Police Officers employed in the Railway Protection Force. Retention in service is not to be given to non-technical persons as for instance assistant personnel officers etc. who are, for purpose of cadre check, included in the technical departments and/or shown against technical post. 

(iv) Extension of service will be admissible in respect of the posts in the Construction Organisation/Projects. The cases of railway staff transferred to the Construction Organisation/Departments will be dealt with on merits, after taking into account all attendant circumstances. This does not cover the Construction under the charge of Chief Engineers Open Line.  

Note : Railway administrations should ensure that as far as possible such personnel on extension of service are utilised only in posts which are essentially required to be filled in by technical or scientific personnel. Technical men holding non-technical and general posts will not be eligible to get the benefit if on extension in service beyond the age of superannuation their services are to be utilised for holding non-technical and general posts.  

STAFF OF EX-COMPANY AND EX-INDIAN STATE RAILWAYS.  

104. (i) Such of the staff who were in service on 1-12-62 may be granted extensions of service freely from year to year upto the age of 58 years on the consideration that the enhancement of the retirement age from 55 to 58 years has been decided upon by the Government mainly to retain experienced personnel on duty for a further period of three years.  

(ii) In the case of the staff who were on post superannuation leave on 1-12-62 such as was automatically applicable under the ex-Company or other leave rules (e.g. N.S. Rly. Leave rules) re-employment may be granted freely.  

(iii) The ex-Company and ex-Indian State Rly. staff who are governed by the leave rules and service conditions applicable to them prior to absorption on Indian Government Railways according to options previously exercised by them will continue to enjoy the post superannuation leave, in accordance with the respective rules applicable to them, after their services are dispensed with on completion of the extension sanctioned to them from time to time on the basis of instructions issued on the subject.  

105.  Authorities empowered to grant extension in service beyond the age of  superannuation.—All cases of railway servants where extension of service beyond the age of 58 years is considered necessary should invariably be referred to the Railway Board for their sanction in due time.  

106. Terms of extension of service.—During the period of extension of service, railway servants will be governed by the conditions of service applicable to them before the date of superannuation.   

Sub-Section II.—Re-employment  of superannuated gazetted and non-gazetted railway servants  

107.  General : Same as for extension of service.  

108.  Categories : Subject to above, in cases where extension of service cannot be given, re-employment is to be granted.  

109.  Period : Same as for extension of service.  

110.  Powers : Same as for extension of service.  

Terms of re-employment  

A. Re-employment of railway servants on Railways  

111.  During leave preparatory to retirement prior to the date of compulsory retirement.-When a railway servant who has proceeded on L.P.R. prior to the date of compulsory retirement is required for employment during such leave in any post on the Railways and he is agreeable to return to duty, he will be recalled to duty and the un-expired portion of his leave from the date of joining duty will be cancelled. The leave as cancelled will be treated as leave refused and subject to the -provisions of Rule 541-RI/ (1985-Editors) (F. R. 86) or the corresponding rule applicable to him, it may be granted after the date of his compulsory retirement. Such re-call will be treated as optional for the purpose of Rule 2109 (F.R. 70) RII.  

112.  During refused leave preparatory to retirement following the date of compulsory retirement :—  

(i) In case where a railway servant is re-employed in any post on the railways, while he is on leave preparatory to retirement under rule 54l-RI/( 1985 Editors) (FR 86) or the corresponding rule applicable to him, following the date of his compulsory retirement, he will be given an option to either :—  

(a) enjoy the un-expired portion of his refused leave concurrently with the reemployment from the date the latter commences; or

(b) carry forward the un-expired portion of the refused leave and to avail of it on the termination of the period of re-employment. The leave carried forward and the leave earned during re-employment (both L.A.P, and L.H.P.) not availed of during the period of re-employment itself, and allowed as terminal leave, will together not exceed 8 months and that the LAP/Privilege leave. Leave on full pay portion of such leave will not exceed the limits which can be allowed at a time under the rules applicable to such a railway servant prior to Retirement.  

(ii) In either of the above cases the Railway servant will be considered to have retired from service from the date of commencement of re-employment, and the refused leave taken whether concurrently with re-employment or after termination of re -employment will not count as service for retirement benefits (under both pension and P.F. Rules).  

113. The leave salary for the un-expired portion of the leave preparatory to retirement referred in paragraph 112 above, when taken, will be regulated as follows :—  

(a)  Leave taken concurrently with re-employment. The leave salary (which may be drawn in addition to the pay of the post in which he is re-employed) will be restricted to the leave salary admissible in respect of leave on half average pay.  

(b)  LEAVE TAKEN ON TERMINATION OF RE-EMPLOYMENT.—The leave salary (which may be drawn in addition to the pension, if any) would be the same as would have been admissible in the normal course if the leave had not been interrupted or postponed  by  re-employment  reduced  by  the amount of gross  pension  and/or pension equivalent of other forms of retirement benefits. He would also be eligible for Dearness and other compensatory allowances admissible in the normal course.  

114.  If the railway servant elects alternative (a) of sub-paragraph 112 (a) above, the period of re-employment will have to be divided in the following two parts :—  

(a) the period of re-employment (before retirement) which runs concurrently with the refused leave;  

(b)  the subsequent period of re-employment, (after retirement), if any.  

I. The period under item (a) above will be regulated by the following other terms :—  

(i) Initial pay.—The initial pay of the railway servant will be fixed in terms of paragraph 117 below :

(ii) Traveling, dearness and other compensatory allowances.—The railway servant may also be granted dearness and other compensatory allowances, if any, admissible on the basis of pay in the post in which he is re-employed. The leave salary for the period of refused leave, drawn in terms of sub-para 114-(a) above in addition to Pay, will not, however, be taken into account in calculating these allowances.  

The traveling allowances of the railway servant will be regulated on the basis of pay, admissible to him in the post which he held immediately before proceeding on leave even though his pay for the post in which he is re-employed together with his leave salary in respect of the leave running concurrently with the re-employment may be less than the pay of the post held by him prior to the commencement of the refused leave.  

(iii) Increment : As in paragraph 118 below.  

(iv) Leave : The railway servant will not earn any leave in respect of this period of re-employment.  

(v) Provident Fund : The Railway servant will not be allowed to continue to subscribe to the contributory or non-contributory Provident Fund to which he was subscribing before  proceeding on such refused leave preparatory to retirement. His assets in the State Railway Provident Fund, including Govt. Contribution and special contribution to the Provident Fund, wherever admissible, will be payable to him immediately thereafter without waiting for the expiry of the leave. He may, however, start subscribing to the Provident Fund afresh in accordance with the provisions of Para 120. 

(vi) Privilege passes and privilege ticket orders: The railway servant will be entitled to the number/class of privilege passes and privilege ticket orders which would have been admissible to him but for the re-employment.  

II. As regards the period of re-employment falling under item (b) above, as the railway  servant will retire from service on the expiry of the refused leave, the period of re-employment after the expiry of the refused leave will be regulated by the terms applicable to retired  railway servants given in paras 117 to 122 below. During this period, the railway servant will receive pension and/or other retirement benefits due to him in addition to the pay of the post in which he is re-employed, his initial pay in the post in which he is re-employed will, therefore, have to be refixed in terms of para 117 below (taking into account the amount of gross pension and/or pension equivalent of other forms of retirement benefits), from the date following that of expiry of the refused leave. The special terms given to the railway servant  vide Item 1 above will also cease to apply from that date.  

115.  If the railway servant elects alternative (b) of paragraph 112 (i) above, he will have to retire from service from the date of commencement of re-employment and, therefore, the whole period of his employment will be governed by the terms applicable to retired railway servants given in paragraphs 117 to 123 below.  

116.  RE-EMPLOYMENT AFTER RETIREMENTThe terms laid down in paragraphs 117 below will regulate the re-employment of retired railway servants [including these referred to in sub-paragraphs 114(b) and 112(i)(b) above on railways].  

117. Fixation of pay of re-employed pensioners 

For this purpose—  

'Pension': means the gross monthly pension and/or pension equivalent of death-cum -retirement gratuity and/or pension equivalent of gratuity or Government's contribution to Contributory Provident Fund and/or other retirement benefits, if any, payable under the Railway Pension Rules, or the relevant rules of the Government or body under which re-employed pensioner was serving prior to his retirement. Where pension has been commuted partly or fully, pension means the gross pension payable prior to commutation,

(i) Re-employed pensioners shall be allowed to draw pay only in the prescribed scales of pay for the post in which they are re-employed. No protection of the scales of pay of the posts held by them prior to retirement .shall be given.  

(ii) In all cases where the pension is fully ignored, the initial pay on re-employment shall be fixed at the minimum of the scale of pay of the re-employed post.

(iii) In cases where entire pension and pensioner benefits are not ignored for pay fixation, the initial pay on re-employment shall be fixed at the same stage as the last pay drawn be fore retirement If there is no such stage in the re-employed post, the pay shall be fixed at the stage below that pay. If the maximum   of the pay scale in which a pensioner is re-employed is less than the last pay drawn by him/her before retirement, his/her initial pay shall be fixed at the maximum of the scale of pay of the re-employed post. Similarly if the minimum of the scale of pay in which a pensioner is re-employed is more than the last pay drawn by him/her before retirement, his/her initial pay shall be fixed at the minimum of the scale of pay Of the re-employed post. However, in all these cases any non-ignorable part of the pension pension equivalent of retirement benefits shall be reduced from the pay so fixed.  

(iv) The re-employed pensioner in addition to pay as fixed under para (ii) above, shall be permitted to draw separately any pension sanctioned to him/her and to retain any other form of retirement benefits.  

 (v) In the case of persons retiring before attaining the age of 55 years and who are re-employed, pension (including pension equivalent of gratuity and other forms of retirement benefits) shall be ignored for initial pay fixation to the following extent:-  

(a) la the case of ex-servicemen who held posts below commissioned officer rank in the Defence Forces and in the case of civilians, who held posts below Group A posts at the time of their retirement, the entire pension and pension equivalent of retirement benefits shall be ignored.

(b) In the case of service officers belonging to the Defence Forces and civilian pensioners who held Group A posts at the time of their retirement, the first Rs. 500/- of the pension and pension equivalent of the retirement benefits shall be ignored.

 

(2) Drawal of increments.- Once the initial pay of a re-employed pensioner has been fixed in the manner indicated above, he/she may be allowed to draw normal increments in the time-scale of the post to which he/she is appointed as if the pay had been fixed at the minimum or the higher stage, as the case may be (i.e. before an adjustment on account of pensions and pension equivalent of other retirement benefits is made) provided that the pay and gross pension/pension equivalent of other retirement benefits taken together do not at any time exceed Rs. 3500/- per month.

(3) Re-employment of personnel retiring on invalid or compensation pension.- Persons who are re-employed after obtaining compensation or invalid pension will also be governed by these orders subject to the condition that if the re-employment is in qualifying service. they may either retain their pension, in which case their former service will not count for future pension or cease to draw any part of their pension and count their previous service. Pension intermediately drawn need not be refunded. In case the pensioners elect to count their pervious service for pension by foregoing their entire pension including death-cum-retirement gratuity, pay will be fixed by treating them as if they are not in receipt of any pension. The special provision contained in this order regarding grant of contributory provident fund benefits during the period of re-employment, or the unutilised protion of the refused leave in respect of previous service shall not be extended to them.

(4) Military Reservists.- Military reservists who continue to serve in the same civil post in which they were employed during reserve period, shall continue to draw the same rate of pay which they were drawing on the date of transfer to Military Pension Establishment in addition to pension provided the pension is not more than Rs. 50/- per month.

(5) Emergency Commissioned Officers and Short Service Commissioned Officers.- Emergency Commissioned Officers and short Service Commissioned Officers who joined precommissioned training or were commissioned after 10.1.1968 may, on their appointment in railway service to unreserved vacancies be granted advance increaments equal to the completed year of service rendered by them in Armed Forces on a basic pay (inclusive of deffered pay but excluding other emoluments) equal to or higher than the minimum of the scale attached the railway post in which they are employed. The pay so arrived at should not, however, exceed the basic pay (including the deffered pay but excluding other emoluments) last drawn by them in the Armed Forces.

(6) Promotion/Transfer.- On regular promotion/ transfer to another post, pay of the re-employed pensioners shall be fixed under the provision of relevant Rules in Indian Railway Establishment Code Vol. II with reference to the pay in the previous re-employment post (before adjustment). The adjustment from the pay so fixed, on account of pension and pension equivalent of retirement benefits, shall be continued to be made to the same extent as was being made earlier. This will, however, remain subject to the condition that the pay plus pension and pension equivalent to gratuity/other forms of retirement benefits shall not exceed Rs. 3500/- per month at any time.

(7) Provisional pay.- (i) Where delays are likely to occur in determining the pension and other pensionary benefits, the re-employed persons, pending final fixation of pay, might be paid their pay on provisional basis for a maximum period of six months after taking into account the maximum pension and gratuity that might be admissible to them on the bais of last pay drawn by them. The sanctioning authority shall be responsible for ensuring that the provisional pay authorised is not likely to exceed the correct pay that may become admissible. For the purposes of calculating the pension equivalent of the gratuity, the table prescribed from time to time shall be followed. An undertaking for refunding any amount that might be over-paid as a result of provisional fixation of pay shall be obtained from the re-employed pensioners.

(ii) (a) In cases where considered desirable, a re-employed person may be paid the full pay of the post on provisional basis which would be inclusive of his pension but would exclude an approximate amount of pension equivalent of gratuity/pension equivalent of employers portion of contributory provident fund, as the case may be provided he executes an agreement in the appropriate form. He shall also be required to furnish acquittance in the perscribed form, indicating receipt of his/her pay including pension. The acquittance shall be obtained from the re-employed person concerned alongwith the pay bill every month he/she is paid provisionally.

 

(b) When the pension and other retirement benefits are ultimately sanctioned to the re- employed person by the competent authority, the pay shall be fixed after taking into account, the pension and pension equivalent of other forms of retirements benefits in accordance with the provisions contained in these paragraphs and he/she shall have no fresh claim for pensionary benefits in respect of the past periods during which he/she drew the same alongwith the provisional pay. The actual amount of pension equivalent of gratuity/employers portion of CPF, will be adjusted against the gratuity/contributory provident fund to the extent it is different from the approximate amount deducted from the pay of the post provisionally paid.  

(iii) The orders contained in (ii) above shall apply to cases of civil retired Central Government employees re-employed in Railways only.  

(8) Allowances.—The drawal of various allowances and other benefits based on pay shall be regulated with reference to the pay that is fixed on re-employment  Pay for  these allowances and benefits will be the pay fixed before deducting the non-ignorable part of the pension and the pension equivalent of the other retirement benefits.  

(9) Contributory Provident Fund.—Re-employed officers might be permitted  to contribute to the contributory provident fund, provided that where the terms of re-employment is initially for a year or less but is later extended so as to exceed one year, the Government's contribution with interest shall be credited only after the completion of one year's re-employment service.  The Government contribution with interest shall be payable for the entire period for which the re-employed person is allowed to contribute to SRPF (Contributory) if such period exceeds one year.  

(10) Leave and leave salary.—In the case of persons re-employed after the retirement, the provisions contained in the Leave Rules embodied in Establishment Code Vol. I 1985 Edition shall apply.  

(11) Gratuity/Death-cum-retirement gratuity.—Re-employed officers shall not be eligible for any gratuity/death-cum-retirement gratuity for the period of re-employment except in those cases covered under Rules of the Railway Services (Pension) Rules, and corresponding Rules in the Indian Railway Establishment Codes.  

(12) Retrenched employees.—In the case of ex-servicemen as well as civilians who are retrenched from service and are not granted pension and/or service gratuity on their appointment to Railway service they may be granted advance increments equal to the Completed years of service rendered by them on a basic pay equal to or higher than the minimum of the scale attached to the railway post in which they are employed. The pay so arrived at, should not, however, exceed the basic pay drawn by them in the Armed Forces.  

(13) Fixation  of pay  of Ex-combatant  Clerk Stores men.—In partial modification of the provisions contained in orders 117(1) and 117(2) above, Ex-combatant clerks on their re-employment as Lower Division Clerks or Junior Clerks in the railway posts and Ex-stores men in the Armed Forces on their reemployment as Storesmen in railway posts shall have the option to get their pay fixed under orders 117(1) and 117(2) above in accordance with the procedure indicated in sub Para 2 below.  

Explanation :  

(1) The option once exercised is final. The re-employed pensioner should be asked to exercise the option within the period of three months from the date of his/her re-employment.  

(ii) Ex-combatant Clerks and Stores men referred to in this paragraph will include reservists released at their own request or on compassionate or medical grounds.  

(2) Service rendered as Combatant Clerks and Stores men in Armed Forces shall be  treated as equivalent to service as Lower Division Clerks/Junior Clerks and Storesmen respectively in  Railway posts, irrespective of the pay drawn in those posts in the Armed Forces. The initial pay in such cases shall be fixed in the time scale of the re-employed posts at a stage equivalent to the stage that would have been reached by putting in the railway posts the number of completed years of service rendered in the posts in the Armed Forces. The pay so fixed will not be restricted to the 'pre-retirement pay'. The fixation of pay in these cases shall be done by invoking the provisions of the relevant rules in Indian Railways Estt. Code Vol. II.

Explanation:

(i) For the purpose of calculation of completed years of service rendered in the Armed Forces the non-qualifying service in the Armed Forces will not be taken into account.

(ii) Pension as defined above shall be deducted from the pay fixed under this para after ignoring Rs. 15/- thereof and only the net pay is payable.

(iii) If the resultant amount does not correspond to a stage in the scale applicable to the re-employed post, pay may be fixed at the next lower stage and the difference allowed as personal pay to the absorbed in future increase of pay.

(iv) Where the pay in such cases if fixed below the minimum of the pay scale of the re-employed post, as a result of adjustment of amount of pension drawn by him from the Army in excess of Rs. 15/- per month, increases in pay may be allowed after each year of service at the rate of increment admissible as if the pay has been fixed at the minimum till the minimum of the scale is reached. Thereafter, subsequent increments may be granted in the scale of the re-employed post in the usual manner.

(3) In the case of appointment of persons during released leave/terminal leave, their pay may be fixed at the minimum of the scale of pay of the railway post of Lower Division Clerk/Junior Clerk/Storesmen and they will draw leave salary separately from the military authorities. Their pay in accordance with the formula mentioned at (2) above will be fixed from the date of their final discharge from the Army.

(4) Orders fixing the pay in such cases should be issued by invoking the provisions of the Rules in the Indian Railway Estt. Code Vol. II.

(14) Details to be called from the Audit Officers.- For the correct determination of pay, competent authorities shall obtain the following information in respect of all officers viz. gazetted, non-gazetted and Group D from the Audit/Pay and Accounts Officers who reported on the title to pension etc. 

(i) Post held substantively on the date of retirement and substantive pay in that post together with scale of pay.

(ii) Other post, if any, held in an officiating capacity on the date of retirement and officiating  pay drawn in the post together with scale of pay.

(iii) In the case of (ii) above, the dates of actual officiating.

(iv) (a) Special pay, personal pay and deputation allowance, if any, drawn on the date of retirement and the period for which it was drawn continuously.

(b) The provision of Special pay etc. counted as emoluments for pension should be indicated.

(c) In the case of special pay drawn in a substantive post, whether it is a part of the prescribed scale of the post and included in the relevant pay schedules.

(v) Gross pension, including amount commuted, particulars of pension payment order, to be quoted.

(vi) Death-cum-retirement or other gratuity and pension equivalent thereof.

(vii) Government contribution to the contributory Provident Fund with interest and the pension equivalent thereof, the contributory provident fund number previously allotted and the particulars of the authority issued by the previous Audit/Pay and Accounts Officer.

After getting the above information, the competent authority shall fix the pay of the re-employed persons under the provision of these paragraphs and communicate the same in the sanction letter to the Audit/Pay and Accounts Officers. In the case of Ministries/Department when the integrated accounts set up has been introduced, the information shall be passed on to the concerned Accounts Officer in addition to the above, the competent authority may give, the information to the Audit/Pay and Accounts Officer regarding particular of equivalent/higher posts held by the re-employed government servant which was taken into account for giving the higher starting salary under paragraph 117(2) above.  

   

118.  Delegation of powers :  

(i) The Administrative Ministries/Departments will be competent to fix the pay of a retired officer re-employed under them in accordance with the formula mentioned in Para 117 (1) above, provided that the post in which the officer is re-employed already carries a sanctioned scale of pay. Cases in which a scale of pay has not been sanctioned for the post will be referred to the Department of Personnel & Training.  

(ii) The Administrative Ministries/Departments and the Comptroller and Auditor General may delegate their powers to lower authorities at their discretion in respect of appointments which are within the power of such lower authorities to make.  

119.  Privilege passes and ticket orders :—The railway servant will be eligible for privilige passes and ticket orders as laid down in the Pass Rules.  

120.  Notice of termination :—The railway servant's re-employment will be liable to termination on one month's notice on either side.  

121.  B. Re-employment of Central Government servants, State Government servants and quasi-Government body servants on railways.  

Before any Central Government servant, State Government servant or quasi-Government body servant is re-employed on railways, he should be required to obtain the permission of the competent authority, where necessary according to the rules by which he is governed, to accept re-employment on the railways.

122. Re-employment of Central  Government servants :  

(i) If a Central Government servant is required for employment on railways during leave preparatory to retirement before the date of his compulsory retirement, he will be treated in the same way as the corresponding railway servant referred to in paragraph  111 above. He should, however, be re-called  to duty only  with  the concurrence of his  parent department. The railways will not be required to pay any service contributions to the parent department of the Government servant for the period of such recall. In such cases also, the re-employment, as such, will commence from the date following the date of compulsory retirement, and will be regulated by the terms laid down in sub-paragraph (ii) below.  

(ii) If a Central Government servant (including the one referred to in the previous Sub paragraph) is re-employed on railways during leave preparatory to retirement following the date of his compulsory retirement, he will be given the option referred to in paragraph 112(i) above by his parent department, and the extent, if any, to which the unexpired portion of his refused leave may be carried forward, the leave salary for the refused leave, and the date of his final retirement, will be regulated by the order issued by his parent department in accordance with its rules.  

In  such cases, the  terms  of re-employment will be regulated by the terms laid down in paragraphs 113 and 114 above except in the matter of privilege passes and privilege ticket orders which will be governed by paragraph 124 below.  

(iii) Central Government servants who are re-employed on railways after retirement will be governed by the terms applicable to the corresponding railway servants vide paragraphs 117 to 118 and 120 above.  

123. Re-employment of State Government and quasi Government body servants.—If a State Government or a quasi-Government servant is re-employed during leave preparatory to retirement before or following the date of compulsory retirement, the extent, if any, to which the unexpired portion of such leave may be carried forward, the leave salary for the refused leave and the date of his final retirement will be regulated by the orders issued by the State Government/Quasi-Government body concerned in accordance with its rules. As regards the terms of reemployment, such persons whether employed during leave preparatory to retirement prior to or following the date of their compulsory retirement or after retirement will be governed from the commencement of re-employment by the terms applicable to retired railway servants as laid down in paragraphs 117 to 118 and 120 above.  

124.  Passes and privilege ticket order.—Non-railway Government servants and employees of quasi Government bodies will be entitled to privilege passes and privilege ticket orders on the scale as admissible to temporary railway servants under the extent rules as amended from time to time. The class will, however, be determined on the basis of the pay in the post in which a person is employed plus gross pension and/or pensionery equivalent of other forms of retirement benefits.  

Sub-Section II—Re-employment of Railway servants elsewhere than on railways

125.  Before accepting any employment elsewhere, the railway servants should wherever necessary, obtain the prior permission of the competent authority therefore.  Such permission is required in the following cases :—  

(i) All Group 'A' gazetted railway servants governed by Pension Rules are required to take prior permission before accepting (a) commercial employment within two years of retirement or (b) employment under a Government outside India at any time.  

(ii) All Engineers of gazetted rank, and other gazetted officers engaged in executive or administrative duties in the Engineering departments, whether governed by pension or provident fund rules, are required to take prior permission before seeking employment as contractors for or in connection with the execution of public works or as employees of such contractors, within two years after the retirement.  

(iii) All railway servants, whether governed by pension or provident fund rules, are required to take prior permission for taking up any employment during leave preparatory to retirement.  

If such permission is not necessary/is granted, the railways will be concerned with the carry-forward of leave preparatory to retirement, leave salary therefore, the date of final retirement, and the number of passes and privilege ticket orders. The other terms of re-employment will be a matter of agreement between the railway servant and his new employers.  

126.  Re-employment under the Central Government :  

(a) During leave preparatory to retirement before the date of compulsory retirement :As in paragraph 122, above as if he was recalled for service on the railways. He will be recalled by the borrowing ministry with the concurrence of the concerned railway.  The borrowing ministry will not be required to pay any contribution to the railway administration for the period of such recall.   

(b)  During leave preparatory to retirement following the date of compulsory retirement the railway servant will be governed by the terms laid down in paragraphs 112 and 113 above.  

127.  Re-employment of railway servants under a State Government, quasi-Government body, commercial organisation or a Government outside India or a private employer.—If a railway servant is permitted to accept re-employment under a State Government, a quasi-Government body, a Government outside India or to take up some commercial employment during leave preparatory to retirement, whether before or following the date of his superannuation, his leave preparatory to retirement will run concurrently with the re-employment and the leave salary during such leave will be restricted to the leave salary admissible to him in respect of leave on half average pay. No service contribution will be recovered from the re- employed body. The Railway servant shall retire from railway service on the date on which he would have so retired but for being permitted to accept reemployment during leave preparatory to retirement.

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