INDIAN RAILWAY ESTABLISHMENT CODE

|| Index  ||  Chapter 13  ||  Chapter 14  ||  Chapter 15  ||  Chapter 16  ||  Chapter 17  ||  Chapter 18 ||
|| 
Chapter 19  ||  Chapter 20  ||  Concordance  ||  Appendix I  ||

CHAPTER 13
RAILWLAY FUNDAMENTAL RULES-PAY AND INCREMENT

      1326. (F.R. 31)—Omitted ( Authority:- Railway Board's letter No. F(E)II/89/FR-1/1 dated 12.12.91)

1327. (F.R. 31-A). --Notwithstanding the provisions contained in these rules, the pay of a railway servant who promotion or appointment to a post is found to be or to have been erroneous shall be regulated in accordance with any general or special orders issued by the competent authority in this behalf. 

1328. (F.R. 33). --When a railway servant officiates in a post the pay of which has been fixed at a rate personal to another railway servant, a competent authority may permit him to draw pay at any rate not exceeding the rate so fixed or if the rate so fixed be a time-scale, may grant him initial pay not exceeding the lowest stage of that time-scale, and future increments not exceeding those of the sanctioned scale. 

Audit Instruction 

“The lowest stage of that time-scale”.--If a Government servant, who is personally qualified to draw overseas pay, if appointed to officiate in a post on a time-scale, the pay of which is fixed personally for the substantive holder of the post and includes sterling overseas pay, the lowest stage in the time-scale, for the purposes of F.R. 33 (1328).  Is the minimum of the time-scale, plus the sterling overseas pay included in the pay fixed personally for the substantive holder of the post.  

1329. (F.R. 35). -A Competent authority may fix the pay of an officiating railway servant at an amount less than that admissible under these rules.

Audit Instruction 

(1) Holding charge of current duties--One class of case falling under this rule is that in which a Government servant merely holds charge of the current duties and does not perform the full duties of the post. 

(2) See entry (3) under Audit Instruction under F.R. 22 (1313). 

Government of India’s Decision 

Special order necessary to exercise power under F.R. 35 (1329).--In a case in which a local Government issued orders of a general nature under F.R. 35 (1329), restricting the officiating pay of government servants to an increase equal only to ascertain percentage of the minimum pay of the higher post, the government of India pointed out that reaching this rule with the rules substantively regulating the rate of officiating pay and in particular with F.R.31 (1326), it is clear that the power conferred by F.R.35 (1329) is not exerciseable save by special order passed in an individual case and on a consideration of the facts of the case.  A general order purporting to oust universally the operation of F.R. 31 (1326) would be ultra vires of F.R. 35 (1329), it would constitute the grossest possible fraud thereon. 

(G.I.F.D. letter No. F-9 (5) RI /33 dt. 28th March, 1933)  

1330. (F.R. 36).--A competent authority may issue general or special orders allowing officiating promotions to be made in the place of railway servants who are treated as on duty under Rule 103 (16) (b).  

Government of India’s order 

(1) Officers of A.I.R.O.--Acting promotions may be made in the place of Government servants under-going training in the Army in India Reserve of Officers and the Indian Territorial Forces, who under paragraph 38, Appendix XXX, Regulations for the Army in India, Army Instruction (India), No.E-37 of 1927 and royal Air Force Instruction (India), No. 87 of 1927, are treated during the period of training as on duty for the purpose of civil leave and pension and for increments of civil pay. 

(G.I., F.D. Memo No. F-60-RI/28 dated 30th April, 1928 and C.I., F.D., No-III-1/30 dated 16th August, 1930.) 

(2) In the case of railway officers undergoing training at the Railway Staff College, Baroda, Indian Railways School of advanced permanent Way Engineering, Poona, Indian Railway School of Signal Engineering and Telecommunications, Secunderabad Mechanical and Electrical Engineering, Jamalpur, the period so spent may be treated as duty and officiating arrangement may be made by the railway administrations vice the officers so deputed. This is, however, subject to restriction laid down in connection with acting promotions. 

(Rly. Board’s letter No. E (GR) 1167 TR 1-6, dated 11th April, 1967.)

(No. 369, dated 1st January, 1972.) 

1331. (F.R.37)--Personal Pay.--Except when the authority sanctioning it orders otherwise, personal pay shall be reduced by any amount by which the recipient’s pay may be increased, and shall cease as soon as his pay is increased by an amount equal to his personal pay.  

1332. (F.R. 39)--Pay of Temporary Posts.--When a temporary post is created which may have to be filled by a person not already in government service, the pay of the post shall be fixed with reference to the minimum that is necessary to secure the services of a person capable of discharging efficiently the duties of the post. 

1333. (F.R.40).-When a temporary post is created which will probably be filled by a person who is already a government servant, its pay should be fixed by the competent authority with due regard to- 

(a)  the character and responsibility of the works to be performed; and 

(b)  the existing pay of railway servants of a status sufficient to warrant their selection for the post. 

Government of India’s orders 

(1) Pay on special duty or “deputation”.--Although it has been incorrect since the Fundamental rules superseded the Civil Service Regulations to refer to officials holding temporary posts created for special purposes outside the regular line of their service as being “on deputation” or “on special duty”, recommendations are still commonly made in the absolute terms of the Civil service Regulations; and these terms are accordingly used for convenience in this order.  All such posts are now technically temporary posts added to the cadre of the holder’s services; and the rule governing the fixation of pay for the holders is Fundamental Rules 40 (1333). * * * The correct method is to fix a consolidated pay split up, if convenience so dictates, into rupee and sterling elements.  Possibly through the influence of Fundamental Rule 22 (1313) and 30 (1325), before they were amended in March, 1930, to eliminate the unintentional extravagance of enhanced pay for a mere change in the character of duties performed, the tendency has gradually grown up of sanctioning enhanced pay for all posts temporarily created outside the ordinary with scant regard to the provisions of fundamental rule 40 (1333).  It has accordingly been ordered that the following principles should strictly be observed in fixing pay of such posts- 

(i)   A Government servant placed on “special duty” or “on deputation” should have the pay of his temporary post fixed at what his pay would have been from time to time in the regular line had he not been so deputed. 

NOTE. --If the sanctioning authority is satisfied that Government servant so deputed would otherwise have been advanced very shortly afterwards to a post carrying higher pay than that which he was drawing at the time his “special duty” or “deputation “ begins and would continue to hold such a post for approximately the same period as his temporary post is expected to last, it may take this fact into account and fix a uniform pay throughout the period. 

(ii) The sole criterion for sanctioning enhanced pay in such cases is proof of a decided increase of work or responsibility in comparison with the duties of the post which the Government servant would otherwise occupy in the regular line.  Where the test of comparative responsibility is not practicable, Fundamental Rule 40 (1333) may be followed. 

(iii) Any extra remuneration sanctioned because of such increased work or responsibility should in no case exceed, without the special sanction of the Finance Department, one-fifth or substantive pay. 

Government servants deputed to posts substantially parallel in work and responsibility to the posts which they would otherwise have occupied, should receive no increase in pay, though the peculiar circumstances in which their duty is to be performed may justify reasonable compensatory allowances. An excellent example of this type will be found in the personnel deputed to Committees and Commissions. Government servants deputed as members of Committees and Commissions will ordinarily be performing no more responsible duties than they would have performed had they remained in the ordinary line of their service; and it is only in exceptional cases that any extra remuneration can be justified. The foregoing principles may, however, have to be relaxed in exceptional cases, where having regard to the importance of the duties, it is necessary to secure officers with special qualification on special items.     

(G.I., F.D., Memo No. F.13-XIX-Ex. 1/31 dt. 7th Jan., 1932.) 

(2) As the fixation of a consolidated rate of pay of temporary posts has on some occasions led not to economy but to extravagance, the orders contained in Item (1) above are amplified and restated as follows- 

Temporary posts may be divided into two categories--- 

(i) posts created to perform   the ordinary work for which permanent posts already     exist in a cadre, the only distinction being that the new posts are temporary and not permanent, and   

(ii) Isolated posts created for the performance of special tasks unconnected with the ordinary work which a Service is called upon to perform.  An example of the latter type of post would be a post on a commission of enquiry.  A distinction by strict verbal definition is difficult, but in practice there should be little difficulty in applying the distinction in individual cases.  The former class of post should be considered to be a temporary addition to the cadre of a service who every may be the individual appointed to the post. The latter class of temporary post should be considered as unclassified and isolated ex-cadre posts.  

(3) Temporary posts which by this criterion should be considered as the temporary additions to the cadre of a Service, should be created in the time-scale of service ordinarily without extra remuneration. Incumbents of these posts will, therefore, draw their ordinary time-scale pay.  If the posts involve decided increase in work and responsibility in comparison with the duties of the parent cadre generally, it may be necessary to sanction a special pay in addition. 

(4) For isolated ex-cadre posts, it may occasionally be desirable to fix consolidated rates of pay.  Where, however, the post is to be held by members of a service it will ordinarily be preferable also to create the post in the time-scale of the holder’s service. 

(G.I., F.D., Office Memorandum No. F.27 (34)-Ex.1/36 dt. The 15th December, 1936.) (Railway Board’s Case No. F (E) 52CDI/(1).) 

Government of India’s Decision 

The instructions laid down in Government of India’s order above should be generally followed when special temporary appointments are made; and departure there-from should be personally sanctioned by the General Manager. 

(Rly. Board’s letters 1111-E.G., dated 14th Sept., 1933 and 1196 E.G., dated 22nd Dec., 1933.) 

ADDITIONS TO PAY 

1334. (F.R.46)--Fees and Honoraria - (a) Fees.--A competent authority may permit a railway servant, if it be satisfied that this can be done without detriment to his official duties or responsibilities, to perform a specified service or series of services for a private person or body or for a public body including a body administering a local fund and to receive as remuneration therefore, if the service be material, a non-recurring or recurring fee.  

NOTE. --This clause does not apply to the acceptance of fees by railway medical officers for professional attendance which is regulated by the Rules in Chapter 6. 

(b ) Honoraria.-A Competent authority may grant or permit a railway servant to receive an honorarium as remuneration for work performed which is occasional or intermittent in character and either  so laborious or of such special merit as to justify a special reward.  Except when special reasons, which should be recorded in writing, exist for a departure from this provision, sanction to the grant or acceptance of an honorarium should not be given  unless the work has been undertaken with the prior consent of the competent authority and its amount has been settled in advance. 

(c) Conditions governing the grant of fees and honoraria.--In the case of both fees and honoraria, the sanctioning authority shall record in writing that due regard has  been paid to the general principle enunciated in Rule 237 (F.R.11), and shall record also the reasons which in his opinion justify the grant of the extra remuneration. 

Government of India’s orders 

(1) Temporary increase in works.--Several instances have come to the notice in which recommendations have been made by various Departments for the grant of honoraria to members of their office on account of a temporary increase in their work due to the holding of special Conferences under the suspieces of a Department or Subordinate authority or of inter-departmental Committees.  In the opinion of the finance Department, such temporary increases in work are normal incidents of Government service, and form part of the legitimate duties of Government servants according to the general principle enunciated in F.R.11 (Rule 237).  Those so employed have, therefore, no claim to extra remuneration. 

(G.I. F.D., Memo No. F. 5-VIII-RI/30, dated 3rd Sept., 1930.) 

(2) Intimation to the Union Public Service Commission by Departments of the Government of India, or other Heads of Departments sub-ordinate to them, that particular Government servants have been appointed to the viva voce boards in connection with the recruitment examinations conducted by the Union Public Service Commission, should be regarded automatically conveying the Government of India’s sanction to the acceptance by the said officers of honoraria at the fixed rates prescribed by the Union Public Service Commission, and to their drawing the traveling allowance admissible to them. 

The employment by the Public Service Commission as examiners or moderators or any officers serving under the Government of India or Heads of Departments subordinate to them will also automatically imply the Government of India’s sanction to those officers undertaking the work and accepting honoraria at the fixed rates prescribed by the Commission.  

(G.I., F.D., letter No. F.1-XII-Ex.11/25, dt. 16th July. ’35, to the Secretary, Public Service Commission; G.I., F.D.,letter No.D-6434-Ex. 11/36 dated the 3rd Dec., 1936, and Rly. Board’s Case No. E.44-HO-11/2.) 

Audit  Instruction 

Recording of the reasons for the grant of Honoraria.-The rule requires that the reasons for the grant should be recorded in writing as it is intended that the grant of an honorarium or fee should be carefully controlled by Government and scrutinized by Audit, and that Audit should be given an effective opportunity of comment if it be deemed necessary. Audit Officers may, therefore, require that the reasons for the grant of an honorarium or fee should be communicated to them in each case. 

(Ruling (26), Section IV of Compilation of Audit Rulings.) 

Railway Ministry’s decision 

1. (a) A Railway servant appointed as an arbitrator in a dispute in which the railway Administration is a party should be from a Department different from the one  to which the dispute pertains.  A Railway servant appointed to act as an arbitrator in a dispute in which his own Department is involved should not be granted any honorarium.  

NOTE--‘Department’ for the purpose of application of these orders is a Department of Railway.  The intention is that each service (department) on a Railway should be treated as a separate department for the purpose.  However appointment of an Engineer from the ‘Open Line’ of the Civil Engineering Department as an Arbitrator to deal with a case of Construction and vice versa would be treated as an appointment of an Arbitrator from a different Department.

(b) If he is appointed as an Arbitrator in a dispute involving a department other than his own, he may be paid an honorarium at the rate of Rs.80/- per day or Rs.40/- per half day subject to a maximum of Rs. 1200/- per case.  For this purpose a day means more than two hours continuous work on a day and half day means work for two hours or less.  He shall record a certificate in writing indicating whether he has done a day’s work or half day’s work on a particular day. 

(Authority: - Railway Board’s letter No. E (G) 89/HO1-34 dated 8.1992.)

(c) In either of the above two cases, when any costs on account of arbitration are awarded against a private party, the entire amount on recovery by the Railway concerned, shall be credited to Railway revenues and shall not be paid to the arbitrator. 

(d) A railway servant may, with the prior permission of the competent authority as required under Rule 1334 (F.R. 46(a)), accept appointment as an arbitrator in a dispute between private parties.  At the time of giving such permission, the competent authority shall decide whether consistent with his official duties, he may undertake the arbitration work and also whether he may accept any fee for it from the parties to the dispute.  The fee from the private party shall be subject to the provisions of S.R. 12 that one third of any fee shall be credited to railway revenues, provided the amount retained by the railway servant concerned will not, merely by the operation of this rule, be reduced to below Rs. 400/-, if non-recurring, or Rs. 250/- a year, if recurring. 

Railway Board’s letters No. E(G)60/HO-1/25 dated 16th January, 1961 & No.E(G)62/HO/1/26 dated 13th Nov.,1963.) 

2. (a) In cases where no sanction is required for broadcasts on All India Radio etc. which are purely of a literary, artistic or scientific character, no permission is necessary for Railway servants to receive the honorarium. 

(b) In cases where sanction to broadcast is necessary, such sanction, if given, should be taken to carry with it also the sanction to receive the honorarium.   

(Railway Board’s letter No. E(G)57/HO-1/2 dated 15th April, 1957.)

(Authority No. E(G)63-HO/1/10 dated 15th June, 1964.) 

1335. (F.R. 48) --Premium and Reward-- Any railway servant is eligible to receive and except as otherwise provided by a general or special order of the President, to retain without special permission:-- 

(a)  the premium awarded for any essay or plan in public competition;

(b)  any reward offered for the arrest of a criminal or, for information or special service in connection with the administration of justice;

(c) any reward payable in accordance with the provisions of any Act or Regulation or rules framed thereunder;

(d) any reward sanctioned for services in connection with the administration of the customs and excise law; and

(e) any fees payable to a railway servant for duties which he is required to perform in his official capacity under any special or local law or by order of Government. 

PRESIDENT’S DECISION 

            Approval of the Railway Board.-- The acceptance of fees by railway servants in cases covered by Fundamental Rule 48 (1335), does not require the approval of the Railway Board. 

(Rly. Board’s letter No. E.38-FE/126(2) dt. 18th November, 1938.) 

Government of India’s decision 

A fee payable to a railway servant under rule 1335 ( c ) can be retained by him without special permission.  In other words, Supplementing Rule 12 which requires that one-third of all fees received by railway servants from private sources should be credited to Government, does not apply to such remuneration.  It is not considered desirable that a railway servant, who in his official capacity is nominated as a Chairman or member of a Government, should be made eligible for any fee or other remuneration (except  traveling allowance ) which  is admissible to non-Government servants for attending a meeting of the institution concerned or for performing other work thereof.  This object can be secured by making suitable provisions in the Articles of Association or other Regulations of the body concerned or any Act relating to its institution without having recourse to an amendment of Rule. 

(Rly. Board’s  File No. F(E)-51/FR-1/1.) 

1336. (F.R. 48-A)- Patent for Inventions-- A railway servant shall not apply for or obtain, or cause or permit any other person to apply for or obtain, a patent for an invention made by such railway servant which is connected directly or indirectly with his official duties, save with the permission of the President and in accordance with such conditions as the President may impose.

Government of India’s  orders 

(1)  Patents for Inventions.-- Application for permission shall be made by the railway servants making an invention to the head of his department, or if he is himself the head of a department, to the Railway Board.  The head of the department shall deal with the application confidentially and with expedition so that the inventor may not be prejudiced by delay in making his application at the Patent Office and shall forward it with his recommendations to the Railway Board.  

(2)   In dealing with the applications for patents the Railway Board shall be guided by the following principles:- 

(i)   Permission shall be granted to the applicant without any restriction if the invention has no connection with the railway servant’s official duties and has not resulted from facilities provided as government expense. 

(ii)   If the invention is made in the course of the railway servant’s official duties or has resulted from facilities provided at government expense, then-- 

(a)  if the invention is of such general interest and utility that the public interest will be best served by allowing the public a free use of the invention, the application for taking out a patent shall be refused and the invention shall be published.  An exgratia payment shall ordinarily be made to the inventor as a reward in all such cases;  

(b) if the invention is not of the kind mentioned in clause (a), but is of sufficient public utility as is likely to make its commercial exploitation profitable, the inventor shall be directed to take out a patent and to assign his rights under the patent to the President .  In all such cases, the inventor shall be rewarded either by a suitable lump-  sum payment or by a liberal percentage of the profits made by Government in connection with the invention; 

(c)  in other cases, the inventor shall be allowed to take out a patent for his own benefit subject to his undertaking to permit Government the use of the invention either without payment or on such terms as they may consider reasonable.  Before permission is given to a railway servant under this clause to take out a patent, he shall undertake-

(i)   to insert a condition, in respect of the Railway Board’s right in the patent, in any     agreement which he may enter with any party for exploiting the said patent, and also to forward a copy of such agreement to the Board for their information; and 

(ii)  to refund to the Railway Board any royalty which he may receive from the exploitation of the patent in respect of the articles purchased for the use of the Crown, whether or not he was in service at the time of such purchase. 

Copies of orders relating to grant of permission to take out patents, wherein any condition is imposed regarding any special right reserved for the government, should be forwarded to the Controller of Patents and Designs so that a notice of such conditions may be entered in the Register of Patents for the information of the public. 

(3) When the invention has been assigned to the President under clause (ii) (b) of item (2) above, the President may- 

(a) exploit the patent himself, or 

(b) advertise the patent and grant licenses on payment to manufacturers, or 

(c) sell the rights under the patent to a firm or to a private person. 

(4) In order to secure for Government the full benefits of inventions, the Controller of Patents and Designs will ordinarily be consulted before any awards are made under Clauses (a), (b) of item 2 (ii) above or steps are taken for the exploitation of the patents under item 3 above. 

(5) When a railway servant makes a suggestion, in regard to railway working or makes an invention, for which he does not propose to apply for permission to take out a patent, and in either case the suggestion or the invention is likely to prove beneficial to the railway, the General Manager of a railway may grant to such a railway servant a bonus or reward not exceeding Rs. 500/-.  Proposals for the grant of bonus or reward in excess of this limit shall require the previous sanction of the president. 

            (Rly. Board’s letters Nos. 34/572/S/23,dt. 14th March, 1935 and E. 39-PT-1(2) dt. 8th July, 1939)    

COMBINATION OF APPOINTMENTS 

1337. (F.R.49). -- A competent authority may appoint a railway servant already holding a post in a substantive or officiating capacity, to officiate, as a temporary measure in one or more of other separate posts at one time.  In such cases his pay shall be regulated as follows— 

(a)  the highest pay to which he would be entitled if his appointment to one   of the posts stood alone, may be draw on account of his tenure of that post; 

(b) for each other post he draws such reasonable pay, in no case exceeding half the  presumptive pay (excluding overseas pay) of the post as the competent authority may fix; and

(c)  if compensatory or sumptuary allowances are attached to one or more of the posts, he draws such compensatory or sumptuary allowances as the competent authority may fix, provided that such allowances shall not exceed the total of the compensatory and sumptuary allowances attached to all the posts; 

PRESIDENT’S ORDER 

The term ‘height pay’ in clause (a) of this rule should be interpreted as pay admissible to a railway servant under the rules including rule 1329 (F.R.35). 

AUDIT INSTRUCTION 

Presumptive pay for the purposes of Fundamental Rule 49(b), should, according, to Fundamental Rule 9(24), be taken to what the Government servant who is placed in additional charge, will draw as initial pay in the time-scale of the additional post under Fundamental Rule 22, were he formally transferred to it.  In cases, however, in which the maximum of the lower post is les than the pay of the Government servant in his substantive post, the application of the Fundamental Rule 22 is not clear, and accordingly the President has decided under Fundamental Rule 8 that in such a case the maximum of the pay of the lower post should be taken as the presumptive pay for the purposes of Fundamental Rule 49(b). 

(Rly. Board’s Case No. F. 42/PA-1(4).) 

DEPUTATION OUT OF INDIA 

1338. (F.R.50)-- Sanctioning Authority.-- No deputation of a railway servant out of India shall be sanctioned without the previous approval of the Central Government. 

1339. (F.R.51)-- Pay during deputation out of India.--(1) when a railway servant is, with proper sanction, temporarily deputed for duty out of India either in connection with the post held by him in India or 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.  

NOTE:- (1) 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. 

(2) 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. 

(3) The foreign exchange equivalent of the pay, honorarium or compensatory allowance admissible under sub-rule (1) or sub-rule (2) shall be calculated at such rate of exchange as the President may by order prescribe. 

Government of India’s orders 

(1) Honorarium for duty during leave. - Officers on leave, who are unwilling to undertake special duty on deputation rates of pay may be allowed to continue to consume leave and receive an honorarium fixed at one-sixth of Indian pay.      

 (G.I., F.D., No.994-C.S.R., dated 9th May. 1924) 

(2) Option to convert deputation into leave. - Officers on deputation out of India when placed on deputation while on leave out of India on average pay may, convert deputation into leave on average pay plus an honorarium of one-sixth of Indian pay, on the condition that in both cases the cost of passages both from and to India is borne by the officer. 

Periods of deputation converted into leave should count for pension as leave and not as deputation. 

(Indian Office No. F.4012-25 dated 14th September, 1925, received with G.I. F.D. No. F.120-C.S.R.-25 dated 4th and 19th November,1925.) 

(3) Interpretation. - The terms of F.R. 50 (1338) must be interpreted as applying to cases where officers exercise the option of consuming leave and drawing an honorarium of one-sixth pay during a period of duty  out of  India , i.e.,  this option can only be exercised by a Government servant whose deputation out of India has been approved by the proper authority. 

(G.I.,F.D., No. F/101-CSR-26 dt. 30th July, 1926.) 

(4) Attending conferences. --In the case of officers who, while on leave in the United Kingdom, attend conferences or congresses there or on the continent the following uniform system should be adopted- 

(i) Officers who are nominated as official representatives of the Government of India will be placed on deputation for the period involved and will receive the usual traveling expenses and subsistence allowance. 

(ii)         Officers who are not so nominated will not be placed on deputation but if it is thought desirable that they should attend as visitors they may be offered traveling expenses and subsistence allowance as an inducement for them to do so.  Further though the officer may not be an official representative, the India office will be prepared to render him such service as recommending him as a visitor, to the Congress Authorities. 

              (India Office S. of S.’s Despatch No. 5 Overseas, dated 20th December, 1928 received with G.I., F.D., Endorsement No.F-4-II-RI/29 dated 9th February, 1929.)         

(5) Officers on short term contracts. - In connection with the deputation pay of officers on short term contracts when called upon to undertake duty outside India, it has been decided to include in the model terms of agreement in use by the office of the high Commissioner for India for short term appointments under the Government of India, a clause providing specifically that deputation out of India shall be governed by the ordinary service rules. 

(G.I., F.D., letter No. F. 4(28)-RI/31 dt. 14-7-1932.) 

Government of India’s Decisions 

(1)  “Pay” in F.R.. 51 (1339).-- The term “Pay” in the expression, “the pay which he would have drawn if he had remained on duty in India” occurring in this rule, should be interpreted literally with reference to the definition in  F.R. 9(21)  (Rule 1303) and the pay which an officer would have drawn if he were on duty in India should be determined for the purpose of this rule, with reference to what the competent authorities in India state the Officer’s  pay would have been if he were on duty in India.  It will, therefore, be necessary for the Account Officer to intimate to the High Commissioner in each case after consultation with Government, the pay which an officer would have drawn if on duty in India.           

In the case of Government servants who are not deputed out of India for special items of work but are placed on continuous service with commissions and committees whose functions require work both in and out of India, the expression “ the pay which he would have drawn if he had remained on duty in India” occurring in this rule as well as the expression “ the pay which the Government servant would have drawn if on duty in India” occurring in proviso (a) F.R. 9(2) (Rule 1303) should be interpreted as having reference to the pay which they would have drawn in India had they continued on duty with the commission or committee there. 

(G.I., F.D., No. F/47-RI/28 dt. 29th May, 1928 and No. F. 4-II/RI/30 dated 27th July, 1931.) 

(2) Overseas pay to be taken into account.-- As overseas pay is included in ‘pay` and as an officer would draw overseas pay under Fundamental Rule 5 (1) (1339), (if entitled to it) had he remained on duty in India, it should be taken into account for the purposes of calculation of the deputation pay under the revised Fundamental Rule 51. 

(Government of India, Finance Department, No. F.90(10)- RI/33 dated 10th October, 1933.)

Audit Instruction 

Period of Deputation. -- The period of the deputation runs from the date on which the Government servant makes over charge of his office in India to the date on which he resumes it or if the Government servant is on leave out of India at the time he is place on deputation, the period of the deputation is the time actually occupied by the duty. 

1340. (F.R.51-A). -- 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 Central Government.  

DISMISSAL, REMOVAL AND SUSPENSION 

1341. (F.R.. 52) Date from which affected .-- The pay and allowances of a railway servant who is removed or dismissed from service cease from the date of the order of removal or dismissal.      

1342. (F.R.53) Pay during suspension.--(1) A railway Servant under suspension or deemed to have been placed under suspension by an order of the competent authority shall be entitled to the following payments, namely- 

(a)  A subsistence allowance at an amount equal to the leave salary which the Railway servant would have drawn if he had been on leave on half average pay or on half pay and in addition dearness allowance, if admissible, on the basis of such leave salary. 

Provided that where the period of suspension exceeds 3 months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first 3 months as follows:   

 (i)     the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months , if, in the opinion of the said authority, the period of suspension has been prolonged for reasons, to be recorded in writing, not directly attributable to the railway servant;  

 (ii)    the amount of subsistence allowance may be reduced by a suitable  amount not exceeding 50 percent of the subsistence allowance  admissible during the period of the first three months, if, in the opinion of the said authority, the period of suspension has been prolonged due to reasons, to be recorded in writing, directly attributable to the railway servant;    

(iii)    the rate of dearness allowance will be based on the increased or, as the case may be, decreased amount of subsistence allowance admissible under sub-clauses(i) and (ii) above 

(b) Any other compensatory allowances admissible from time to time on the basis of pay of which the railway servant was in receipt on the date of suspension subject to the fulfilment of other conditions laid down for the drawl of such allowances. 

(2) No payment under sub-rule (1) shall be made unless the railway servant furnishes a certificate that he is not engaged in any other employment business, profession or vocation.   

Provided that in the case of a Railway servant dismissed, removed or compulsorily retired from service, who is deemed to have been placed or to continue to be under suspension from the date of such dismissal or removal or compulsory retirement, under sub-rule (3) or sub-rule (4) of rule 5 of Railway Servants (Discipline and Appeal) Rules 1968, and who fails to produce such a certificate for any period or periods during which he is deemed to be placed or to continue to be under suspension, he shall be entitled to the subsistence allowance and other allowances equal to the subsistence allowance and other allowances equal to the amount by which his earnings during such period or periods as the case may be, fall short of the amount of subsistence allowance and other allowances that would otherwise be admissible to him where the subsistence and other allowances admissible to him are equal to or less than the amount earned by him, nothing in this proviso shall apply to him.     

1343 (F.R.54).--(1) When a railway servant who has been dismissed, removed or compulsorily retired is re-instated as a result of appeal or review or would have been so reinstated but for his retirement on superannuation while under suspension preceding the dismissal, removal or compulsory retirement, the authority competent to order reinstatement shall consider and make a specific order- 

(a)   regarding the pay and allowances to be paid to the railway servant for the period of his absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be; and   

(b)   Whether or not the said period shall be treated as a period spent on duty. 

(2) Where the authority competent to order re-instatement is of opinion that the railway servant who had been dismissed, removed or compulsorily retired has been fully exonerated the railway servant shall, subject to the provisions of sub-rule (6), be paid the full pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be: 

Provided that where such authority is of opinion that the termination of the proceedings instituted against the railway servant had been delayed due to reasons directly attributable to the railway servant, it may, after giving him an opportunity to make his representation and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the railway servant shall, subject to the provisions of sub-rule (7), be paid for the period of such delay only such amount of such pay and allowances as it may determine. 

(3) In a case falling under sub-rule (2), the period of absence from duty including the period of suspension preceding dismissal, removal or compulsory retirement, as the case may be, shall be treated as a period spent on duty for all purposes. 

(4) In cases other than those covered by sub-rule (2) (including cases where the order of dismissal, removal or compulsory retirement from service is set aside by the appellate or reviewing authority solely on the ground of non-compliance with the requirements of clause (2)  of Article  311  of the Constitution and no further inquiry is proposed to be held) the railway servant shall, subject to the provisions of sub-rules (6) and (7), be paid such amount to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority  may determine, after giving notice to the railway servant of the quantum proposed and after considering the representation, if any, submitted by him in that connection within  such period which in no case shall exceed 60 days from the date on which the notice has been served as may be specified in the notice.  

(5) In a case falling under sub-rule (4), the period of absence from duty including the period of suspension preceding the dismissal, removal or compulsory retirement, as the case may be, shall not be treated as a period spent on duty, unless the competent authority specifically directs that it shall be so treated for any specific purpose; provided that if the railway servant so desires, such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be , shall be converted into leave of any kind due and admissible to the railway servant.    

NOTE:-- The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of— 

(a)    extraordinary leave in excess of three months in the case of temporary railway servant; and 

(b)   leave of any kind in excess of five years in the case of permanent railway servant.  

(6) The payment of allowances under Sub-rule(2) or sub-rule (4) shall be subject to all other conditions under which such allowances are admissible. 

(7) The amount determined under the proviso of sub-rule (2) or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under Rule 1342  (F.R. 53). 

(8) Any payment made under this rule to a railway servant on his re-instatement shall be subject to adjustment of the amount, if any earned by him through an employment during  the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of re-instatement.  Where the emoluments admissible under this rule are equal to or less than the amounts earned during the employment elsewhere, nothing shall be paid to the railway servant. 

Government of India’s decision

(1) No condition of lien to be satisfied for applying F.R. 54 (1343). – A Government servant was dismissed from service on 8th March, 1927 and on appeal, was reinstated with effect from 27th October, 1927.  The appellate authority declared, under F.R. 54 (1343) that the period of unemployment between the dates of dismissal and reinstatement should be treated as spent on duty and allowed to count for leave and increments.  As there was no post against which the lien of the Government servant could be shown for the period of dismissal, the question arose whether in the absence of lien on a permanent post the period of unemployment could count for leave or increments.  It was decided that F.R. 54 (1343), is absolute and unconditional and that it could not be absolute if the condition of “lien” had first to be satisfied. 

          (G.I., F.D., No. F/28-RI/28, dt. 5th April, 1928)           

            (2) A question having arisen whether in cases where the period of suspension is ordered to be treated as one spent on leave and when on conversion it is found that the greater part of the period is to be treated as extraordinary leave for which no leave salary is admissible, the recovery of the subsistence allowance already paid would be in order, it has been decided that there is no bar to the conversion of any portion of a period of suspension into extraordinary leave.  In the case of person who are not fully exonerated the conversion of the period of suspension into leave with or without allowances has the effect of removing the stigma of suspension and all the adverse consequences following therefrom. The moment the period of suspension is converted into leave, it has the effect of vacating the order of suspension and it will be deemed not to have been passed at all.  Therefore, if it is found that the total amount of suspension exceeds the amount of leave salary and allowances, the excess will have to be refunded and there is no escape from this conclusion. 

            (3) When the period of suspension after re-instatement is not treated as duty by the competent authority nor as leave at the request of the employee, it will not be deemed to cause an interruption/break in service.  It shall be counted as “service” for the purpose of special contribution to Provident Fund, leave on average/half average pay under the State Railway Leave Rules contained in Chapter V.            

            (Authority Rly. Board’s letter No. F(E)52SPN(1) dated 29th February,1960)  

1344(F.R. 54 A).--(1) where the dismissal, removal or compulsory retirement of a railway servant is set aside by a Court of law and such Government servant is reinstated without holding any further inquiry, the period of absence from duty shall be regularized and the Government servant shall be paid pay and allowances in accordance with the provisions of sub-rule (2) or (3) subject to the directions, if any, of the court. 

(2) (i)   Where the dismissal, removal or compulsory retirement of a railway servant is set aside by the court solely on the ground of non-compliance with the requirements of clause (1) or clause (2) of Article 311 of the Constitution, and where he is not exonerated on merits, the Government servant shall, subject to the provisions of sub-rule (7) of Rule  1343 (FR 54), be paid such amount (not being the whole) of the pay and allowances to which he would have been entitled had  he not been dismissed, removed  or compulsorily retired , or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine, after giving notice to the railway servant of the quantum proposed and after considering the representation, if any, submitted by him, in that connection within such period (which in no case shall exceed sixty days from the date on which the notice has been served) as may be specified in the notice.       

(Authority:- Railway Board's letter No. F(E)III/91/PN-1/44 dated13.04.92)   

(ii) The period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of judgment of the court shall be regularized in accordance with the provisions contained in sub-rule (5) of rule 1343. 

(3) If the dismissal, removal or compulsory retirement of a railway servant is set aside by court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding, such dismissal, removal or compulsory retirement, as the case may be, and the date of reinstatement shall be treated as duty for all purposes and he shall be paid the full pay and allowances for the period, to which he would have been entitled, had he not been dismissed, removed or compulsory retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be. 

(4) The payment of allowances under sub-rule (2) or sub-rule (3) shall be subject to all other conditions under which such allowances are admissible.

 (5) Any payment made under this rule to a railway servant on his reinstatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of dismissal, removal of compulsory retirement and the date of reinstatement.  Where the emoluments admissible under this rule are equal to or less than those earned during the employment elsewhere nothing shall be paid to the Government servant.    

1345. (1) When a railway servant who has been suspended is reinstated (or would have been so reinstated but for his retirement (including premature retirement) while under suspension,) the authority competent to order reinstatement shall consider and make a specific order— 

(a) regarding the pay and allowances to be paid to the railway servant for the period of suspension ending with reinstatement or[the date of his retirement (including premature retirement), ]as the case may be; and 

(b)  Whether or not the said period shall be treated as a period spent on duty. 

(2) Notwithstanding anything contained in Rule 1343 where a railway servant under suspension dies before the disciplinary or the court proceeding instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would have been entitled had he not been suspended, subject to adjustment in respect of subsistence allowance already paid. 

(3) Where the authority competent to order reinstatement is of the opinion that the suspension was wholly unjustified, the railway servant shall, subject to the provisions of sub-rule (8) be paid the full pay and allowances to which he would have been entitled, had he not been suspended:           

               Provided that where such authority is of the opinion that the termination of the proceedings instituted against the railway servant had been delayed due to reasons directly attributable to the Government servant, it may, after giving him an opportunity to make his representation within sixty days from the date on which the communication in this regard is served on him and after considering the representation, if any, submitted by him, direct, for reasons to be recorded in writing, that the railway servant shall be paid for the period of such delay only such amount (not being the whole) of such pay and allowances as it may determine. 

(4) In a case falling under sub-rule (3) the period of suspension shall be treated as a period spent on duty for all purposes. 

(5) In cases other than those falling under sub-rules (2) and (3) the railway servant shall, subject to the provisions of sub-rules (8) and (9) be paid such amount (not being the whole) of the pay and allowances to which he would have been entitled had he not been suspended, as the competent authority may determine, after giving notice to the railway savant of the quantum proposed and after considering the representation, if any, submitted by him in that connection within such period (which in no case shall exceed sixty days from the date on which the notice has been served) as may be specified in the notice. 

(6) Where suspension is revoked pending finalisation of the disciplinary or the court proceedings, any order passed under sub-rule (1) before the conclusion of the proceedings against the railway servant, shall be reviewed on its own motion after the conclusion of the proceedings by the authority mentioned in sub-rule (1) who shall make an order according to the provisions of sub-rule (3) or sub-rule (5),as the case may be. 

(7) In a case falling under sub-rule (5), the period of suspension shall not be treated as a period spent on duty unless the competent authority specifically directs that it shall be so treated for any specified purpose: 

Provided that if the railway servant so desires, such authority may order that the period of suspension shall be converted into leave of any kind due and admissible to the Government servant.                                                                          

NOTE: - The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of –

 (a) extraordinary leave in excess of three months in the case of temporary railway servant; and 

 (b) leave of any kind in excess of five years in the case of permanent  or quasi-permanent railway servant. 

(8) The payment of allowances under sub-rule (2), sub-rule (3) or sub-rule (5) shall be subject to all other conditions under which such allowances are admissible. 

(9) The amount determined under the proviso to sub-rule (3) or under sub-rule(5) shall not be less than the subsistence allowance and other allowances admissible under Rule 1342.  

Government of India’s Orders 

(1) F.R. 54 absolute.--A Government servant was dismissed from service on the 8th March, 1927, and, on appeal, was reinstated with effect from the 27th October, 1927.  The appellate authority declared, under F.R. 54, that the period of unemployment between the dates of dismissal and reinstatement should be treated as spent on duty and allowed to count for leave and increments.  As there was no post against which the lien of the Government servant could be shown for the period of dismissal, the question arose whether in the absence of lie on a permanent post the period of unemployment could count for leave or increments.  It was decided that F.R. 54 is absolute and unconditional and that it could not be absolute if the condition of “lien” had first to be satisfied.  

            (G.I., F.D. No. F/28-R.I/28 dated the 5th April, 1928.) 

(2) When suspension regularized as leave consequential recovery inescapable.--A question having arisen whether in case where the period of suspension is ordered to be treated as one spent on leave and when on conversion it is found that the greater part of the period is to be treated as extraordinary leave for which no leave salary is admissible, the recovery of the subsistence allowance already paid would be in order. The moment the period of suspension is converted into leave it has the effect of vacating the order of suspension and it will be deemed not to have been passed at all. Therefore, if it is found that the total amount of subsistence and compensatory allowances that an officer received during the period of suspension exceeds the amount of leave salary and allowances, the excess will have to be refunded and there is no escape from this conclusion.  

            (G.I., M.F.,U.O., No.3409-E.IV/53, dated the 25th April, 1953, U.O. No. 320-E.IV/54 dated the 22nd February, 1954 to the Communications Division and M.F., (C’s) U.O.No. 1681-C.II/54 dated the 2nd March, 1954.) 

(3) Treatment of period of absence and payment thereof.--The  Government of India have conveyed the following clarifications in regard to certain points which have been raised in connection with the application of F.R. 54, 54-A and 54-B. 

(1)  The decision of the competent authority under F.R. 54, 54-A and 54-B is in respect of two separate and independent matters, viz., (a) pay and allowances for the period of absence, and (b) whether or not the period of absence should be treated as duty.  It is not necessary that the decision on (a) above should depend upon the decision on (b) above.  The competent authority has the discretion to pay the proportionate pay and allowances and treat the period as duty for any specified purpose(s) or only to pay the proportionate pay and allowances.   It has no discretion to pay full pay and allowances when the period is treated as “non-duty”.  If no order is passed directing that the period of absence be treated as duty for any specified purpose the period of absence should be treated as ‘non-duty’. In such event, the past service (i.e.) service rendered before dismissal, removal, compulsory retirement or suspension will not be forfeited.     

(2)  As Fundamental Rule 54 is absolute the law of limitation need not be invoked at the time of paying the arrears of pay and allowances for the period from the date of dismissal/removal/compulsory retirement/suspension to the date of reinstatement in respect of all cases where the pay and allowances are regulated on reinstatement in accordance with the provisions contained in F.R. 54, F.R. 54-A and F.R. 54-B with the exception of those covered under sub-rule (4) of F.R.54 and sub-rule (2) (i) of F.R. 54-A.  

(G.I., O.M. No. 15(14)E.IV  (59), dated the 25th May,1962 and the 9th August, 1962  read with provisions of F.R. 54, 54-A and 54-B.) 

(4) Regulation of pay on reinstatement on grounds of equity or court judgment, etc.–1. The following questions in connection with the reinstatement of dismissed/removed/discharged Government servants or the Government servants whose service had been terminated, came up for consideration: 

(1)  Whether before the Government of India decide to reinstate an individual on grounds of equity, concurrence of the Ministry of finance should be obtained for payment of pay and allowances for the intervening period; or whether the administrative authorities, could themselves, after following the prescribed procedure, e.g. consultation with the Union Public Service Commission etc., reinstate the person and sanction payment of pay and allowances under F.R.54. 

(2)  Whether in cases of reinstatement on the ground of dismissal /removal/ discharge from or termination of service being held by a court of law or by an appellate/reviewing authority to have been made without following the procedure required under Article 311 of the Constitution, payment of full pay and allowances for the intervening period is automatic and compulsory. 

2.As regards question (1) above, it has been decided that the concurrence of the Ministry of Finance will not be necessary for reinstating a Government servant if the authority, which reinstates the Government servant, is competent to appoint him.  The question as to what pay and allowances should be allowed for the intervening period and whether or not the period should be treated as duty, will be deal with under F.R. 54.           

3. Regarding question (2) stated in para 1 above, it has been decided that F.R. 54 is inapplicable in cases where dismissal/removal/discharge from or termination of service is held by a court or law or by an appellate/reviewing authority to have been without following the procedure required under Article 311 of the Constitution.  In such cases-- 

 (i)  if it is decided to hold a further inquiry and thus deem the Government servant to have been placed under suspension from the date of dismissal/removal/discharge/termination under Rule 12 (3) or 12 (4) of Central Civil Services (Classification, Control and Appeal)  Rules, 1957 or a corresponding rule, the Government  servant will be paid the subsistence allowance from the date he is deemed to have placed under suspension; 

(ii)  if the Government servant is not “deemed” to have been under  suspension as envisaged under (i) above, the payment of full pay and allowances for the intervening period and treatment of that period as duty for all purposes will be automatic and compulsory, provided that- 

(a)  the arrears should be paid subject to law of limitation; 

(b) Where the reinstated Government servant has secured employment during any between the dismissal/removal/discharge/termination and reinstatement, the pay and allowances admissible to him after reinstatement for the intervening period shall be reduced by the emoluments earned by him during such employment if such pay and allowances exceed such emoluments. If the pay and allowances admissible to him are equal to or less than the emoluments earned by him nothing shall be paid to him: provided that the amount to be paid under (i) and (ii) above will be determined subject to the directions, if any, in the decree of the court regarding arrears of salary. 

4.  As the termination of service of a Government servant without following the procedure laid down in the Central Civil Service (Classification, Control and Appeal) Rules, the Central Civil Services (Temporary service) Rules, the C.S.R. or the terms of his appointment, etc., results in the payment of arrears by way of pay and allowances, the need for meticulously observing the “proper procedure” in such cases is once again impressed on all concerned. 

5. In all cases where the circumstances leading to a Government servant’s reinstatement reveal that the authority which terminated his services, either willfully, did not observe, or through gross negligence failed to observe the ‘proper procedure’ as explained above, before terminating his service, proceedings should be instituted against such authority under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, and the question of recovering from such authority the whole or part of the pecuniary loss arising from the reinstatement of the Government servant should be considered. 

(G.I., M.H.A., O.M. No. F.2/9/59-Ests. (A) dated the 27th May, 1961 and the 30 the May,1962. ) 

5.Suspension treated as “dies-non” not reckoned as service:-- It has been decided in consultation with the Comptroller and Auditor-General that the period of suspension of a Government servant, which is treated as “dies-non, should not be reckoned as ‘service’ for the purpose of any of these rules.     

(G.I., M.F., Endorsement No. F.7 (41)-Est. IV/53 dated the 18th July, 1953 and U.N. No. 1824/E.IV/54, dated the 23rd February, 1954 to the A.G., P&T.)

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