Skip to content

Chapter 15

November 20, 2011

CHAPTER XV

TERMS AND CONDITIONS APPLICABLE TO RAILWAY SERVANTS AND SUBSTITUTES IN TEMPORARY SERVICE 

Non-Gazetted Staff

1501. (i) Temporary Railway Servants 

Definition�A “temporary railway servant” means a railway servant without a lien on a permanent post on a Railway or any other administration or office under the Railway Board. The term does not include “casual labour”, including ‘casual labour with temporary status’, a “contract” or “part-time” employee or an “apprentice”.

1502. Termination  of service and periods of notice.

(1) When a person without a lien on a permanent post under Government is appointed to hold a temporary post or to officiate in a permanent post, he is entitled to no notice of the termination of his service, if such termination is due to the expiry of the sanction of the post which he holds or the expiry of the officiating vacancy, or to his compulsory retirement due to mental or physical incapacity or  to his removal or dismissal as a disciplinary measure after compliance with the provisions of Clause (2) of Article 311 of the Constitution of India. If the termination of his service is due to some other cause, he shall be entitled to one month’s notice provided he was engaged on a contract for a   definite   period and the contract does not provide for any other period of notice; and to a notice of 14 days if he was not engaged on a contract. Temporary railway servants with over three years continuous   service   shall, however, be entitle to a  month’s notice. The periods of notice specified above shall apply on either side., and steps should be taken   to bring this condition to the notice of the Railway servants concerned.

(2)  Apprentices – Except as otherwise provided in his service agreement, the service of the apprentice shall be liable to termination on one weeks notice.

(3)  Certain other Railway Servants – The service of certain other Railway servant specified below shall be liable to termination of notice on either side for the periods shown against each. Such notice is not, however, required in cases of dismissal or removal as a disciplinary measure after compliance with the provisions of Clause (2) of Article 311 of the Constitution and compulsory retirement due to mental or physical incapacity�

(a)  Probationary Officers and Group ‘A’   and Group B Railway servants on probation 3 Months Notice
(b) Group C and Group D Railway servants on probation 1 Months Notice
(c) Gazetted Railway servants on   probation in the Medical Department 1 Month Notice

(4)  The service of any of the   Railway servants mentioned in Clause (1), (2) and (3) who is entitled to a notice of stipulated period may be terminated forthwith and on such termination, the Railway servants shall be entitled to claim a sum   equivalent to the amount of his pay plus allowance for the stipulated period of notice at the same rates at which he was drawing them immediately before the termination of his service or, as the case may be, for the period by which such notice falls short of   the   stipulated period of notice.

Note�The appointing authorities are empowered to reduce or waive, at their discretion, the stipulated period of notice to be given by Railway servant but the reason justifying their action should be recorded. This power cannot be redelegated.

(5)  The notice of termination of service or order of forthwith termination of service, as the case may be, under this rule should be given by the authority not lower than the appointing authority.

(6)  Notwithstanding anything contained in Clauses (1), (2) and (4) above, if the Railway servant or apprentice is one to whom the provision of the Industrial Disputes Act, 1947 apply, he/she shall be entitled to notice or wage in lieu thereof in accordance with the provisions of that Act.

Note.�No notice of termination will be necessary in a case where temporary railway servant is deemed to have resigned his appointment and ceased to be in employment if such person remained absent on extraordinary leave beyond a limit of five years for whom no show cause notice is required, as in the case of permanent railway servant.

1503.  Pay and allowances.�The scales of pay and allowances shall be the same as are applicable to Permanent railway servants of the corresponding status.

1504.  Compensatory and   local   allowances,�Unless specifically stated otherwise in the relevant Code rules or orders, a temporary railway servant shall be entitled to the same scales of compensatory and a local allowances as may be admissible to a permanent railway servant placed in similar circumstances.

1505.  Educational Assistance.This concession shall be admissible to a Railway servant including those on deputation to Railways whose pay is debit able to Railway Revenues, but shall not apply to :�

(a)   Civil servants;

(b)  Persons in casual or daily rates or ad-hoc or part-time employment;

(c)   persons paid from contingencies; and

(d)   persons employed on contract except where the contract provided otherwise.

These orders shall also apply to Railway servants on deputation to State Governments or on foreign service, provided necessary provisions in regard to the drawal of educational assistance under those orders from such State Government or foreign employers is expressly made in the terms of deputation or foreign service.

1506.  Medical attendance.�There shall be no distinction in regard to the applicability of this concession to railway servants whether they are in permanent railway service or not.

1507.  Leave Rules.The relevant provisions   are contained in Chapter V�’Leave Rules’�of   Indian Railway Establishment Code Vol. I�1985 Edition.

1508.  Allotment of residences   and   recovery   of  rent.Subject to the availability of accommodation , a temporary railway servant is eligible for allotment of the same to pay rent therefore in the same way as a permanent railway servant would.

1509.  Passes.A temporary   railway servant is entitled to the same scale of passes as are admissible to a permanent railway servant of the corresponding status.

1510.  Advances.Subject  to  the   conditions  laid down in Chapter X of Indian Railway Administration & Finance a temporary  railway   servant may be granted advances for the purposes mentioned in that Chapter.

1511.  Provident Fund and gratuity.These may be regulated as per rules contained in Chapter 9 and Chapter 10 of Indian Railway Estt. Code Vol. I (1985 Edition)   pertaining to ‘State Railway Provident Fund and Gratuity’ respectively.

(ii)  SUBSTITUTES

1512.  Definition.“Substitutes”  are  persons engaged in Indian Railway Establishments on regular scales of pay and allowances applicable to posts against which they are employed. These posts fall vacant on account of a railway servant being on leave or due to non-availability of permanent or temporary railway servants and which cannot be kept vacant.

1513. Circumstances under which substitutes can be recruited :

(i) Ordinarily there should be no occasion to engage “substitutes” having regard to the fact that practically in all categories of railway servants leave reserve has been provided for. However, when owing to an abnormally high rate of absentees the leave reserve may become inadequate or ineffective as in the case of heavy sickness, or where the leave reserve is available but it is not possible to provide the same, say at a wayside station, and it may become absolutely necessary to engage substitutes even in vacancies of short duration.

(ii) As far as possible Substitutes should be drawn from a panel of suitable candidates selected from Group ‘C and ‘D’ posts and should be engaged subject to the observations made in (i) above, only in the following circumstances  :�

(a)   Against regular vacancies of unskilled and other categories of Group ‘D’ staff requiring  replacement for  which arrangements cannot  be  made  within the existing leave reserve.

(b)   Against a chain vacancy in the lower category of Group ‘D’ staff arising out of the incumbent in a higher Group ‘D’ category being on leave, where it is not possible to fill the post from within the existing leave reserve.

(c)  Against posts in categories for which no leave reserve has been provided.

(d) Against vacancies in other circumstances notified by the Railway Board from time to time.

1514.  Emoluments payable to   the   Substitutes.Substitutes should be paid regular scales of pay and allowances admissible to such posts, irrespective   of  the nature or duration of the vacancy.

1515.  Rights and privileges admissible to the Substitutes.Substitutes should be afforded all the rights and privileges as may be admissible to temporary railway servants, from time to time on   completion   of four months continuous service. Substitute school teachers may, however, be afforded temporary status after they have put in continuous service of three months and their services should be treated as continuous for all purposes except seniority on their eventual absorption against regular posts after selection.

Note.�The conferment of temporary status on the Substitutes on completion of four months continuous service will not entitle them to automatic absorption/appointment to railway  service unless they are in turn for such appointment on the basis of their position in select lists and/or they are selected in the approved manner for appointment to regular railway posts.

Substitutes who are appearing in Railway Recruitment Board Examination will be entitled to relaxation of age by the period of service as substitute subject to the age of 35 years not being exceeded, provided he has put in 3 years (at one stretch or broken) service as substitute/casual labour.

  Bd’s No. E(NG)II/79/CL/17 dt. 28-4-79).

1516. Breaks in service.- The following cases of absence will not be considered as breaks in service for the purpose of determining four months’ continuous employment referred to above :�

(a)   The periods of absence of a Substitute who is under medical treatment in connection with injuries sustained on duty covered by the provisions under the Workmen’s Compensation Act.

(b)  Authorised absence not exceeding 20 days during the preceding six months.

Note.�Unauthorised absence or stoppage of work will be treated as a break in continuity of employment.

(c)   Days of rest given under the Hours of Employment Regulations or under the Statutory Enactments and the days   on   which   the Establishment employing the substitutes re-mains closed will not be counted against the limit of 15 days authorised absence referred to above. The term   “authorized absence” for this purpose covers permission granted by the Supervisory official in charge to be away from  the work for the period specified.

(d)  Periods involved in journey etc., for joining the post on transfer from one station to another station or within the same station it self, in the exigencies of service but not exceeding in any case normal period of joining time permissible under the rules.

(e)   A register should be maintained for recording the names of all “Substitutes” wherever employed according to the unit of recruitment e.g.   Division, Workshops,   P.W.Is. lengths etc. strictly in   the order   of their taking up Substitute employment at the time of their initial engagement.

——————-********——————-

 

 

No comments yet

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: