INDIAN RAILWAY ESTABLISHMENT CODE (Vol - I)

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Chapter 2
General Conditions of Service

               224. Service Agreements.—Special Class Apprentices on Railways shall be required to execute a service agreement with the President at the time of his appointment as a Probationer in IRSME.  Railway servants appointed for a limited period may also be required to execute an agreement. All agreements shall be stamped, the cost being borne by the railway servant concerned.  
             Note.—In the case of all railway servants the offers of appointment should stipulate inter alia that in all matters not specifically provided herein, or in the recruitment rules, they will be governed by the provisions of the Indian Railway Codes and other extant orders as amended/issued from time to time.
 

 225. Date of Birth.—(1) Every person, on entering railway service, shall declare his date of birth which shall not differ from any declaration expressed or implied for any public purpose before entering railway service.  In the case of literate staff, the date of birth shall be entered in the record of service in the railway servant’s own handwriting.  In the case of the illiterate staff, the declared date of birth shall be recorded by a senior railway servant and witnessed by another railway  servant.   

(2)A person who is not able to declare his age should not be appointed to railway service.

(3) (a) When a person entering service is unable to give his date of birth but gives his age, he should be assumed to have completed the stated age on the date of attestation, e.g. if a person enters service on 1st January, 1980 and if on that date his age was stated to be 18, his date of birth should be taken as 1st January, 1962.   

(b) When the year or year and month of birth are known but not the exact date, the 1st July or 16th of that month, respectively, shall be treated as the date of birth.

(4) The date of birth as recorded in accordance with these rules shall be held to be binding and no alteration of such date shall ordinarily be permitted subsequently.  It shall however, be open to the President in the case of a Group A & B railway servant, and a General Manager in the case of a Group C & D railway servant to cause the date of birth to be altered.

(i)         Where in his opinion it had been falsely stated by the railway servant to obtain an advantage otherwise in admissible,  provided that such alteration shall not result in the railway servant being retained in service longer than if the alteration had not been made, or

(ii)        where, in the case of illiterate staff, the General Manager is satisfied that a clerical error has occurred, or

(iii)       where a satisfactory explanation  (which should not be entertained after completion of the probation period, or three years service,  whichever is earlier) of the circumstances in which the wrong date came to be entered is furnished by the railway servant concerned, together with the statement of any previous attempts made to have the record amended. 

Railway Ministry’s decision.—(a) When a candidate declares his date of birth he should produce documentary evidence such as a Matriculation certificate or a Municipal birth certificate, if he is not able to produce such an evidence he should be asked to produced any other authenticated documentary evidence to the satisfaction of the appointing authority,.  Such authenticated documentary evidence could be the School Leaving Certificate, a Baptismal Certificate  in original or some other reliable document.  Horoscope should not be accepted as an evidence in support of the declaration of age. 

(b) If he could not produce any authority in accordance with (a) above he should be asked to produce an affidavit in support of the declaration of age. 

(c ) In the case of Group D employees care should be taken to see that the date of birth as declared on entering regular Group D service is not different from any declaration expressed or implied, given earlier at the time of employment as casual  labourer or as a substitute.  

Note.—The source/basis on which the date of birth has been recorded in the Service Records of the employee at the time of entering service may be recorded below the date of birth recorded. 

(Authority:- Railway Board’s letter No.E(G)99 FR 1/1 dt. 7-12-99)  

 226.Transfers.—Ordinarily, a railway servant shall be employed throughout  his service on the railway or railway establishment to which he is posted on first appointment and shall have no claim as of right for transfer to another railway or another establishment.  In the exigencies of service, however, it shall be open to the President to transfer the railway servant to any other department or railway or railway establishment including a project in or out of India.  In regard to Group C and Group D railway servants, the power of  the President under this rule in respect of transfer, within  India may be exercised by the General Manager or by a lower authority to whom the power may be re-delegated.   

Railway Ministry’s decision.—Requests from railway servants in Groups C & D for transfer from one railway to another on grounds of special cases of hardships may be considered favourably by the railway administration.  Such staff transferred at their request from one railway to another shall be placed below all existing confirmed and officiating staff in the relevant grade in the promotion group in the new establishment, irrespective of date of confirmation or length of officiating service of the transferred employees. 

(Railway Ministry’s letter No. E. 55SR/6/6/3 dated 19th May, 1955). 

 227. A competent authority may transfer a Railway servant from one post to another provided that, except:-  

(1)     On account of inefficiency or misbehavior, or 

(2)     On his written request, 

A Railway servant shall not be transferred to, or except in a case or dual charge, appointed to officiate in a post carrying less pay than the pay of the post on which he holds a lien.  

(Authority:- Railway Board’s letter No. E(NG)I-98/CN5/2 dt.5-2-99) 

 228. Retention of lien on transfer.—The lien of a permanent staff transferred to another railway  will be retained by the transferring railway till he is finally absorbed on the other railway. 

 229. Transfer on request.—Transfers ordered in the interest of employees shall be within the same seniority group, or different group or a mutual exchange.  If such transfers are within the same seniority group under the same railway the seniority is not affected but if the transfers are inter divisional or outside the seniority group, the railway Ministry’s decision below rule 226 for inter railway transfers shall apply. 

 230. Transfer on mutual exchange.—In case of mutual exchange, the senior or the two employees will be given the place of seniority  vacated by the other person. The junior will be allowed to retain  his former seniority and shall be fitted into the seniority below the persons having the same seniority.  

 231. Transfer from one department to another.—Person employed in one department shall not be eligible for employment in another except with the previous consent of the head of the department in which they are employed.  Without such prior consent the head of an office or department shall not employ a person either temporarily or permanently, if he knows or has reasons to believe that such persons belongs to another establishment under Government.  A railway servant who takes up a new employment without the consent of the head of department commits a breach of discipline and is liable to be punished.  Divisional Railway Managers, may, however, transfer Group D employees (peons, gangmen, Khalasi, unskilled and semiskilled, etc.) from one department to another or from one Division to another. 

 232. Transfer on public grounds.—(a) When  a railway servant is transferred otherwise than for the public convenience, a copy of the order of transfer shall be sent to the Accounts Officer with the endorsement stating the reasons of the transfer.  In the absence of such an endorsement the Accounts Officer shall assume that the rail servant has been transferred for the public convenience.   

(b) In the case of railway servants in Groups C & D a certificate from the head of the office may be accepted in lieu of the copy of the order prescribed in clause (a).            

 233. Charge of Office—Unless for special reasons (which must be of a public nature) the authority under whose orders the transfer takes place permits or requires it to be made in any particular case elsewhere, or otherwise, the charge of an office must be made over at its headquarters, both the relieving and relieved railway servants being present.  

Note.—In respect of railway servants posted abroad, railway Ministry’s sanction is necessary to allow them to make over or resume charge of office else where than at headquarters. 

(Railway Ministry’s letter No. F(E)61 FR-81 dated 21st Sept. 1961.) 

 234. Headquarters of a Railway servant.—(a) As a general rule, and subject to any special orders to the contrary in particular cases, the headquarters of a railway servant on the staff of the Railway Ministry are the headquarters, for the time being, of the Government of India. 

(b) The headquarters of any other railway servant are either the station which has been declared to be his headquarters by the authority competent to prescribe his headquarters for the purpose of traveling allowance, or in the absence of such declaration, the station where the records of his office are kept. 

Note.—An officer under suspensions regarded as subject to all other conditions or service applicable generally to railway servants and cannot leave the station without prior permission.  As such, the headquarters of a Railway servant should normally be assumed to be his last place of duty .  However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put the Railway Administration  to any extra expenditure like grant of traveling allowance or other complications. 

 235. Leaving jurisdiction.- (a) No railway servant is entitled to pay or allowances for any time he may spend beyond the limits of his charge without proper authority. 

            A Financial Adviser and Chief Accounts Officer may pass pay and allowances to the General Manager of a Railway under the latter’s own  orders for any period during which he may be absent from his jurisdiction on duty. 

 236. Casual Leave.-  Casual leave is not recognized and is not subject to any rule.  Technically, therefore, a railway servant on casual leave for half a day or full day is not treated as  absent from duty, and his pay is not intermitted. Casual leave, however, must not be given so as to cause evasion of the rules regarding –  

(i)   date of reckoning pay and allowances,

(ii)  Change of office,

(iii) commencement and end of leave, and

(iv)  return to duty 

or so as to extend the term of leave beyond the time admissible by rule. 

            Note.-  Full pay is admissible to a railway servant on casual leave.  If in any case less than full pay is allowed, it would amount to an imposition of a penalty not provided for in the Discipline and Appeal Rules. 

Other General Conditions of Service 

 237. Whole time of railway servant at the disposal of Government.—Unless in any case it be otherwise distinctly provided, the whole time of  a railway servant is at the disposal of the Government which pays him, and he may be employed in any manner required by proper authority, without claim for additional remuneration, whether the services required of him are such as would ordinarily be remunerated from the Consolidated Fund of Government of India, from a local fund or from the funds of a body incorporated or not, which is wholly or substantially owned or controlled by the Government. 

 238.  Omitted.         (Authority : Rly. Board’s Letter No.E(NG)I-98/CN5/2,dt. 5-2-99). 

 239. Lien-Unless in any case it is otherwise provided in these rules, a Railway servant on acquiring a lien on a post will cease to hold the lien previously acquired on any other post. 

 240. Retention of Lien-  A Railway servant who has acquired lien on a post retains the lien on that post— 

(a)        while performing the duties of that post;

(b)        while on foreign service, or holding a temporary post, or officiating in another  post;

(c)        during joining time on transfer to another post, unless he is transferred alongwith his title to a post  on lower pay , in which case his lien transferred to the new post from the date on which he is relieved of his duties in the earlier post; and

(d)        while on leave; and

(e)        while under suspension; 

Provided that no lien of a railway servant shall be retained; 

(i)        where a Railway servant has proceeded on immediate absorption basis to a post or service outside his service/cadre/post in the Government from the date of absorption; and

(ii)        On foreign service/deputation beyond the maximum limit admissible under the orders of the Government issued from time to time. 

 241.  Omitted.       (Authority: Rly. Board’s Letter No.E(NG)I-98/CN5/2, dot. 5-2-99.) 

 242.  Termination of Lien-(a)  Excpet as provided in Rule 240 and clause (b) of this rule a  Railway servant’s  lien on a post may in no circumstances be terminated, if the result will be to leave him without a lien upon  a regular post. 

(b) A Railway servant’s lien on a post shall stand terminated on his acquiring a lien on another post (whether under the Central Government or State Government) outside the cadre on which  he is borne. 

 243.Transfer of Lien-Subject to the provisions of Rule 227 a competent authority may transfer to another post in the same cadre, the lien of a Railway Servant  who is not performing the duties of the post to which the lien relates. 

 244. Forwarding of applications to another post in railway service or outside the Railways.—Permission to a railway servant to submit an application for a post, to appear for an examination for a post, or to transfer his services to another post in railway service or in another office or Department under the Government of India or under a State Government shall not ordinarily be refused unless the head of the office or department in which he is employed considers that the grant of permission would not be consistent with the interests of the public service. 

Railway Ministry’s decision.—(1) The applications from serving employees for employment elsewhere submitted otherwise than in response to advertisements or circulars inviting applications, should not be forwarded. 

( E(NG)65-RC-1/186 dated 29-1-1966.) 

(2) The lien of a permanent Railway servant appointed under another Central/State Government or office may be retained on the Railway for a period of two years (three years in exceptional cases). If he is not permanently absorbed within this period in the new post, he should immediately on expiry of the said period, either resign from the Railway service or revert to his parent office.  Applications should be forwarded only if an undertaking to abide by these conditions is given by the staff concerned. 

  (Authority:- Railway Board’s letter No.  E (NG)-I-96/AP/2 dated 18-12-2000.) 

(3) Railway servants may apply in response to open or public advertisement of vacancies by the International Organisations and foreign Government s with the prior permission or the cadre controlling authority concerned.  In rare cases, when the time available for submitting the application is short, Railway servant may sent his application to the concerned agency in advance with a copy to his cadre controlling authority and this may be confirmed or withdrawn subsequently depending on the decision of the authority.  The cadre controlling authorities would consider each case only from the point of view whether the railway servant could be spared or not; no other general considerations should be applied in taking a decision in the case. A Railway servant may be permitted to apply in response to a public advertisement even if he has completed the permitted number of years he can spend in international/foreign assignment in his career.  However, in such a case, he would have to resign or take retirement from Government service on selection.  A Railway servant applying for an international assignment in response to public advertisement will not be given the status of ‘official nominee’ for the assignment.  Correspondence relating to the grant or denial of permission will be between the railway servant concerned and the cadre controlling authority/Government and latter will not correspond with the International Organisation/Foreign Govt. on the subject. 

(Authority: Board’s Letter No. E(NG)I-96/AP/2 dated 16-8-99 based on Department of Personal and Training’s Letter No. F.18/10/91/FA (UN) dated 20-6-91.)   

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