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RAILWAY BOARD CIRCULARS ON LEAVE

October 20, 2013

Railway Board Circulars on Leave 

Study leave for pensionary benefits

Letter No:  F(E)III/2009/PN-1/10 dated 10.03.2011

RBE No:  33/2011

Subject:  Counting of period spent on Extraordinary Leave as qualifying service-Clarification regarding

Attention of the zonal Railways etc is invited to clause (ii) of Rule 36 of Railway Services (Pension) Rules, 1993 which provides for counting the period of extraordinary leave granted to a Railway servant for prosecuting higher scientific or technical studies towards qualifying service for pensionery benefits.

2. In terms of Rule 14 of the Study Leave Rules under Annexure V of IREC Vol. I, 1985 Edition, the study leave availed by those Railway servants who resign or retire from service or otherwise quit service without returning to duty after a period of study leave or within a period of three years after such return to duty or who fail to complete the course of study and are thus unable to furnish the certificate as required in sub-rule (5) of Rule 4 of the Study Leave Rules ibid, shall be converted into regular leave standing at his credit on the date on which the study leave commenced, any regular leave taken in continuation of study leave being suitably adjusted for the purpose and the balance of the period of study leave, if any, which cannot be so converted, treated as extraordinary leave.

3. One of the zonal Railways raised a doubt regarding counting such extraordinary leave as qualifying service for pensionery benefits. The matter has been examined in consultation with the Department of Personnel & Training and it is clarified that study leave granted to a Railway servant, who fails to comply with the conditions on which study leave was granted to him, is converted into regular leave standing in his credit and the balance of study leave, if any, which cannot be so converted, due to deficiency in the leave account of the Railway servant, is converted into extraordinary leave. Extraordinary leave thus sanctioned is due to the reason that the Railway servant has no other leave admissible to him and not for the purpose of pursuing studies as such. Hence clause (ii) of Rule 36 of Railway Services (Pension) Rules, 1993 is into applicable in such cases. In other words, such of the period of extraordinary leave shall not be counted as qualifying service for pensionery benefits.

Sixth Pay Commission “ Encashment of LAP while availing Railway Pass

Letter No:  F(E)III/2008/LE-1/1 Dated   29/10/2008

RBE No:  161/2008

Subject:  Sixth Central Pay Commission – Recommendation relating to encashment of LAP

The Government have accepted the  recommendation of the Sixth Central Pay Commission to allow the railway servants to avail themselves of encashment of Leave on Average Pay up to 10 days at the time of availing of Passes for a maximum of 60 days in the entire career subject to the condition that successive encashment cannot be made before a minimum period of two years has elapsed and the leave so encashed at the time of availing Railway Passes should not be deducted from the maximum amount of HLeave on Average Pay encashable at the time of retirement.  Consequently, the employees would be eligible to encash up to 300 days of LAP at the time of their retirement, even though they may have encashed LAP of 60 days during their career while availing Railway Passes.  These orders shall be effective from 1st September, 2008.

2.         Accordingly, in exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President is pleased to direct that Rule 540-A may be added under the existing Rules 540 of Railway Services (Liberalised Leave) Rules, 1949, of the Indian Railway Establishment Code Vol.I, 1985 Edition (Second Re-print Edition 2003) as per Advance Correction Slip No.107 enclosed.

***

Indian Railway Establishment Code Vol.I, 1985 Edition (Second Re-print Edition 2003)  CHAPTER 5

LEAVE RULES

Advance Correction Slip No.107 

Add Rule 540-A under the existing Rule 540

 540-A   Encashment of Leave on Average Pay along with Railway Pass while in service:

A Railway Servant shall be permitted to encash leave on average pay upto  10 at the time of availing of Railway Passes while in service, subject to the condition that:

[1]        leave on average pay of at least an equivalent duration is also availed of simultaneously;

[2]        a balance of at least 30 days of leave on average pay should  be available to his credit after taking into account the period of encashment as well as leave availed of.

[3]        the total leave so encashed during the entire career shall not exceed 60 days in the aggregate subject to the condition that successive encashment cannot be made before a minimum period of two years has elapsed;

[4]        the cash equivalent shall be calculated as follows namely:-

 Cash equivalent = Pay in the respective pay band plus grade pay admissible on the date of availing of Railway Pass plus dearness allowance admissible on that date X

 

Number of days of leave on   average pay subject to the Maximum 10 days at one time

No House Rent Allowance or Transport Allowance shall be payable;

[5]        The period of leave encashed shall not be deducted from the quantum of leave encashable under Rule 550.”

[Authority: Ministry of Railway’s letter No. F(E)III/2008/LE-1/1 dated 29-10-2008]

Regulation of the Date of Next Increment in case of Extra-Ordinary leave (without medical certificate)

Letter No:  PC-VI/2008/I/RSRP/1 Pt.3 dt. 05.08.2010

RBE No:  110/2010

Subject:  Regulation of the Date of Next Increment in case of Extra-Ordinary leave (without medical certificate) after implementation of the Railway Services [Revised Pay] Rules, 2008 – clarification regarding

1.              Consequent upon the implementation of Railway Services [Revised Pay]   Rules 2008, the increments in the revised pay structure are to be regulated in terms of Rule 10 of the Railway Services [Revised Pay] Rules 2008.This rule states that “there will be a uniform date of annual increment viz. 1st of July every year. Employees completing 6 months and above in the revised pay structure as on 1st July will be eligible to be granted the increment.”

2.       The issue of regulation of date of next increment in case of EOL (without medical certificate) after implementation of Railway Services [Revised Pay]  Rules 2008, has been examined and it is  clarified that except as provided under the conditions laid down in Railway Board’s letter No. F[E]III/86/PN1/21 dated 09.01.87, qualifying service of less than six months on account of EOL (without medical certificate) between 1st July of the previous year till 30th June of the year under consideration shall have the effect of postponing the increment to 1st July of the next year. The same stipulation will also be applicable to those cases where the increment became due on 1.7.2006. In terms of Board’s letter No. F[E]III/86/PN1/21 dated 09.01.87, EOL granted for the following purposes automatically counts as qualifying service for pension and for increments without any further sanctions:-

(i) EOL granted due to inability of a Railway servant to join or rejoin duty on account of civil commotion or natural calamity provided that the employee has no other type of leave to his credit.

(ii) EOL granted to a Railway servant for prosecuting higher technical and scientific studies.

3.        This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

Regularisation of unauthorized absence

Letter No:  E[G]2009/LE 2/1 dated 17.04.2009

RBE No:  66/2009

Subject:  Regularisation of unauthorized absence – compliance of instructions on the subject while sending proposals for Board’s consideration

1.            It has been observed that proposals for regularization of unauthorized absence are being forwarded by the Railways for Board’s consideration in a routine manner, often without the complete details required for processing the proposal.  The issue has been viewed seriously by the Board.

 2.         In this connection, attention is invited to instructions contained in Board’s letter No. E[G]91/LE 2-26 dated 01.07.1992, wherein while detailing the discrepancies often noticed in proposals on the issue received  from the Railways, the Railways were directed to streamline the procedure and ensure that complete information in respect of the proposals should be furnished to the Board to obviate the need for making back references.  The details are required to be sent along with the proposal in the prescribed proforma as circulated vide Board’s letter dated 01.07.1992 ibid.

3.         It is reiterated that while sending proposals for regularisation of unauthorized absence the details in the proforma should be carefully filled in and furnished alongwith the proposals.

Copy of Board’s letter No. E[G]91/LE 2-26 dated 19.06.1992 [RBE No. 99/1992]

 Sub: Regularisation of the period of  absence

It is observed that the proposals for regularization of the unauthorized absence having incomplete information  are referred to the Ministry of Railways in routine.  The features of such references are as under:

[i]         The information furnished is as scanty as possible.

[ii]         The proposal is invariably belated i.e. long after the detection of unauthorized absence or even resumption of duty by the employee.

[iii]         Prolonged absence is mostly exonerated on some ground or the other.  The reasons for exoneration are not clearly advised to the Board.  The proceedings of inquiry and the inquiry reports are invariably withheld.

[iv]        The reasons, why absenting staff on pretext of sickness are not referred to authorized Railway Medical Attendant, are not indicated.

[v]         The entire lapse at every stage is summarily disposed of by intimating that the staff concerned could not be taken up under D&A rules because they have already retired.  In such cases, the staff who are actually dealing with the establishment of the employee concerned and also the concerned APO & SPO should be held responsible because dereliction of duty on their part cannot also be ruled out.

In order to streamline the procedure, all the Zonal Railways / Production Units etc. are advised to send the complete information in respect of each proposal clarifying the position fully, specially, with regard to the points mentioned above along with Annexure  as per the enclosed proforma. Attention, in this connection is also invited to Executive Director, Establishment [G]’s D.O. letter No. E[G]86/LE2/12 dated 26.12.1986, No. E[G]88/LE2/3 dated 25.1.1989 and No. E[G]90/LE 2/30 dated 28.2.1991.

Compliance of these instructions may be ensured invariably while forwarding proposals for regularization of the period of absence to Board in future.

***

ANNEXURE I

Statement showing particulars of the employee who remained absent from duty unauthorisedly.

S.No. Name[s] of employees The total period of absence which is to be regularised Nature of absence Justification for granting the leave to the employee beyond permissible limit to be or not to be counted for pensionary benefit or to be treated  as dies non Details of the action taken under DAR against the employee who remained absent unauthorisedly Comments of the FA&CAO Responsibility fixed Remarks if any
[a] [b]
Against the dealing staff for not taking timely action If the dealing staff have retired from service, furnish the name of the dealing staff their posting on the relevant seats / section and facts about their retire-ment.

1

2

3

4

5

6

7

8

9

Regularisation of period of unauthorised absence

Letter No:  E(G)2007/LE-2/4 dated 03/06/2011

RBE No:  79/2011

Subject:  Regularisation of period of unauthorised absence

1. Consolidated instructions on the subject of regularization of unauthorised absence issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), vide their O.M. No. 13026/3/2010-Estt. (Leave) dated 22-6-2010, are enclosed. These instructions shall apply mutatis mutandis on the Railways.
2. The Railway rules corresponding to the CCS rules quoted in the Department of Personnel & Training’s instructions are indicated below:-
S. No. CCS Rules Railway Rules
i) Rule 27 of CCS (Pension) Rules, 1972. Rule 42 of the Railway Services (Pension)
Rules, 1993.
ii) FR 17(1). Rule 1302 of the Indian Railway Establishment Code Vol. II, 1987 Edition
iii) Rule No. 25 and 32 (2) (a) of CCS (Leave) Rules, 1972 Rules No. 518 and 530(2) (a) respectively of the Indian Railway Establishment Code Vol. I, 1985 Edition.

No.13026/3/2010-Estt. (Leave)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)
New Delhi, the 22nd June, 2010
OFFICE MEMORANDUM
Sub:- Consolidated instructions on Regularization of Unauthorized Absence.
The undersigned is directed to say that this Department has been receiving various references from Ministries/Departments regarding regularization of unauthorized absence for long periods. The references are made basically because the Ministries/Departments do not follow the prescribed procedure for dealing
with such unauthorized absence. Guidelines/instructions exist for handling such situations.
2. As per Rule 25 of the CCS (Leave) Rules 1972.
(1) Unless the authority competent to grant leave extends the leave, a Government servant who remains absent after the end of leave is entitled to no leave salary for the period of such absence and that period shall be debited against his leave account as though it were half pay leave, to the extent such leave is due, the period in excess of such leave due being treated as extraordinary leave.
(2) Willful absence from duty after the expiry of leave renders a Government servant liable to disciplinary action. Government to India decisions also exists that a Government Servant who remains absent without any authority should be proceeded against immediately and this should not be put off till the absence exceeds the limit prescribed in Rule 32(2) (a) of the CCS (Leave) Rules, 1972.
3. It is once against stressed that a Govt. servant who remains absent without any authority should be proceeded against immediately. All Ministries/Departments are requested to ensure that in all cases of unauthorized absence by a Government Servant, he should be informed of the consequences of such absence and be directed to rejoin duty immediately/within a specified date, say within three days, failing
which he would be liable for disciplinary action under CCS(CCA) Rules 1965. If the Government Servant does not join duty by the stipulated date the Disciplinary Authority should initiate disciplinary action against him and the disciplinary case should be conducted and concluded as quickly as possible.
4. It is only due to apathy of the Disciplinary Authorities that the situation arises where long pending unauthorized absence leads to delay in other service matters of Government Servants, including promotions. To avoid such situations all Ministries/Departments should advise Disciplinary Authorities to ensure that prompt action is taken against Government Servants who absent themselves with out
permission and that Charge-Sheets are issued without delay.
5. The consequences and procedure to be followed in respect of an officer who is absent from duty without any authority has been brought out under FR 17(1) and 17-A. As per FR 17-A(iii) without prejudice to the provisions of Rule 27 of the Central Civil Services (Pension) Rules, 1972, remaining absent without any authority or deserting the post, shall be deemed to causes an interruption or break in the service of the employee, unless Otherwise decided by the competent authority for the purpose of leave travel concession, quasi-permanency and eligibility for appearing in department examinations, for which a minimum period of continuous service is required.
6. Comptroller and Auditor General have issued orders that the period of absence not covered by grant of leave shall have to be treated as “dies non” for all purposes, viz., increment, leave and pension. Such absence without leave where it stands singly and not in continuation of any authorized leave of absence will constitute an interruption of service for the purpose of pension and unless the pension sanctioning authority exercises its powers under Article 421, Civil Service Regulations [now Rule 27 of the CCS (pension) Rules] to treat the period as leave without allowance, the entire past service will stand forfeited.
7. It may be noted that regularization of unauthorized absence for pension purpose is to be considered under the CCS (Pension) Rules. Only in cases where the disciplinary authority is satisfied that the grounds adduced for unauthorized absence are justified, the leave of the kind applied for and due and admissible may be granted to him under the CCS (Leave) Rules.

Reckoning of period spent on Study Leave for earning LAP and LHAP.

Letter No:  F(E)III/2009/LE-1/1 Dated   04/01/2011

RBE No:  01/2011

Subject:  Reckoning of period spent on Study Leave for earning leave.

1.In term of Sub-rule (2) under Sub-heading-Counting of study leave for promotion, pension, seniority, leave and increments of Rule 556 of the Railway Services (Liberalised Leave) Rules, 1949, of the Indian Railway Establishment Code Vol. I, 1985 Edition, the period spent on study leave shall not count for earning leave other than half pay leave under the Liberalised Leave Rules. The matter has been under consideration in consultation with the Department of Personnel & Training and it has been decided that the period spent on study leave shall be counted for earning both Leave on Average Pay (LAP) and also Leave on Half Average Pay (LHAP) . These order shall be effective from the date of issue of this letter.

2. Accordingly, in exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President is pleased to direct that Sub-rule (2) under Sub-heading-Counting of study leave for promotion, pension, seniority, leave and increments of Rule 556 of the Railway Services (Liberalised Leave) Rules,1949, of the Indian Railway Establishment Code Vol. I, 1985 Edition may be amended as per Advance Correction Slip No. 115 enclosed.

INDIAN RAILWAY ESTABLISHMENT CODE, VOLUME-I, FIFTH EDITION-1985

(Third Reprint Edition-2008)

 ADVANCE CORRECTION SLIP NO. 115.

1. Sub-rule (2) under Sub-heading-Counting of study leave for promotion, pension, Seniority, leave and increments-of Rule 556 may be substituted with the following:-

“(2) The period spent on study leave shall be counted for earning both Leave on Average Pay and Leave on Half Average Pay.”

(Authority Railway Board’s letter No. F(E)III/2009/LE-1/1 dated 04.01.2011.)

On Duty /Special Casual Leave to Railway employees for participation in sports activities

Letter No:  2010/E[Sports]/4[2]/4 dated 23rd June 2010

RBE No:  90/2010

Subject:  On Duty /Special Casual Leave to Railway employees for participation in sports activities

For participation in all the All India Railways, National and International Championships and their Coaching Camps; all games recognized by Railway Sports Promotion Board for recruitment purpose, may be treated at par for granting Special Casual Leave / On Duty to Railway employees, as per extant norms; till further orders.

Grant of Child Care Leave to female railway servants

Letter No:  E[P&A]I-2009/CPC/LE-4 dated 23.04.2009

Subject:  Grant of Child Care Leave to female railway servants

Ref : Railway Board’s letter No. E[P & A]I-2009/CPC/LE-4 dated 12.12.08

1.            A doubt has been raised by some of the Zonal Railways as to whether LHAP is to be considered as Earned Leave like LAP for the purpose of grant of Child Care Leave.

2.         It is clarified that LHAP is not to be considered as Earned Leave for the purpose of grant of Child Care Leave.  As such, a female railway servant may be granted CCL even in the case she has LHAP at her credit.

Facility of 20 days LHAP in lieu of 10 days leave on average pay restored to Teachers

Letter No:  E[P&A]I-2008/CPC/LE-10 dated 06.03.2009

RBE No:  46/2009

Subject:  Implementation of the recommendations of the Sixth Central Pay Commission regarding half pay leave facilities to Teachers, Principals, Headmasters, Librarians, Laboratory Assistants and Watermen working in Railway schools

Ref :  Railway Board’s letter No. E[P&A]I-81/CPC/LE-8 dated 11.12.81 and E[P&A]I-92/CPC/LE-3 dated 04.12.92

1.       Consequent upon the decision taken by the Government on the recommendations of the Sixth Central Pay Commission, the President is pleased to decide that, in supersession of Ministry of Railways’ letter No. E[P&A]I-81/CPC/LE-8   dated 11.12.81, the facility of 20 days half pay leave in lieu of 10 days leave on average pay during a year will be restored to Teachers, Principals, Headmasters, Librarians, Laboratory Assistants and Watermen working in Railway schools, at par with other Railway employees under the provisions of Rule 526 of the Liberalised leave rules, 1949.

2.         These orders shall take effect w.e.f. 1st September, 2008.

3.         Formal amendments to Rule 525 and 526 of IREC Vl.I will be issued separately.

Encashment of Leave to Railway Servants on their appointment in Central Services

Letter No:  F(E)III/2008/LE-1/2 dated 27/10/2011

RBE No:  153/2011

Subject:  Encashment of Leave to be granted to Railway Servants on their appointment in Central Public Enterprises

1. In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President is pleased to direct that the Rule 550(F) of Indian Railway Establishment Code Vol.I (1985 Edition) (Third Re-print Edition 2008) be amended as in the Advance Correction Slip No. 119 attached.

INDIAN RAILWAY ESTABLISHMENT CODE, VOLUME-I,

FIFTH EDITION-1985 ((Third Reprint Edition-2008)

ADVANCE CORRECTION SLIP No. 119

1. 550-F may be substituted with the following:

“(F) In case of permanent absorption in Public Sector Undertaking/Autonomous body wholly or substantially owned or controlled by the Central/State Government:

A railway servant who has been permitted to be absorbed in a service or post in or under a Corporation or Company wholly or substantially owned or controlled by the Central Government or State Government or in or under a body controlled or financed by one or more than one such Government shall be granted, suo moto, by the authority competent to grant leave cash equivalent of leave salary in respect of both leave on average pay leave on half average pay, if any, at the credit of the Railway servant on the date of absorption subject to a maximum of 300 days and the cash equivalent of leave salary payable shall be calculated in the same manner as provided for in sub-rule (A)(1)(b) of Rule 550”.

Encashment of leave to family members of retired Railway servants

Letter No:  F[E]III/2008/LE-1/2 dated 19.04.2010

RBE No:  56/2010

Subject:  Recommendations of the Sixth Central Pay Commission relating to encashment of leave –regarding

1.         Consequent upon implementation of the recommendations of the 6th Central Pay Commission, instructions were issued by the Department o Personnel & Training [DOP&T], vide their O.M. No. 14028/3/2008-Estt.[L] dated 25.9.2008, circulated on the zonal Railways etc. vide this office letter of even number dated 8.10.2008, permitting Railway servants encashment of both LAP and LHAP subject to overall limit of 300 days at the time of retirement.  These instructions were effective from 1.9.2008.  Subsequently DOP&T vide their O.M. No.14028/3/2008-Estt.[L], dated 16.11.2009, circulated on the zonal Railways etc. vide  this office letter of even number dated 24.11.2009, modified the effective date of their O.M. dated 25.9.2008 to 1.1.2006, subject to the condition, inter-alia, that the benefit will be admissible in respect of past cases on receipt of applications to that effect from the pensioners concerned.

2.         The aspect of grant of benefit of the above facility to the spouse/members of the family of such retirees, who retired during the period from 1.1.2006 till 31.8.2008 but expired before issue of letter dated 24.11.2009, has been examined in consultation with the DOP&T.  It has been decided that the benefit of encashment of LHAP admissible in terms of the above instructions to such railway servants,  who retired during the period from 1.1.2006 till 31.8.2008, but who expired before availing themselves of the benefit envisaged in this office letter of even number dated 8.10.2008, may be extended to the spouse/members of the family of such retirees on receipt of a written request from the spouse /eligible members of the family, on fulfillment of the prescribed conditions, subject to the overall limit of 300 days of both LAP and LHAP.

Encashment of Leave on Half Average Pay [LHAP] on permanent absorption in PSUs/Autonomous Bodies

Letter No:  F[E]III/2008/LE-1/2 dated 15.07.2009

RBE No:  130/2009

Subject:  Encashment of Leave on Half Average Pay [LHAP] on permanent absorption in Public Sector Undertakings [PSU]/Autonomous Bodies – Regarding

1.     In terms of the instructions contained in this office letter of even number dated 08.10.2008, both Leave on Average Pay and LHAP are to be considered for encashment at the time of retirement, subject to the overall limit of 300 days.

 2.         The matter regarding applicability or otherwise of the instructions dated 8.10.2008 referred to above in cases of permanent absorption of railway employees in PSUs /Autonomous Bodies, has been examined in consultation with the Department of Personnel & Training, the nodal Department of the Government in the matter, and it is clarified that the instructions dated 8.10.2008 ibid are not applicable in the case of permanent absorption of railway employees in PSUs /Autonomous Bodies.  In other words, the existing provision of forfeiture of LHAP standing at the credit of such railway servants on absorption in PSUs/Autonomous bodies shall continue to be in force.

Encashment of Leave on Average Pay (LAP) while availing Privilege Pass/PTO Calculation of 2 year period

Letter No:  F(E)III/2008/LE-1/1 dated 02.02.2011

RBE No:  15/2011

Subject:  Recommendations of the 6th Central Pay Commission-Encashment of Leave on Average Pay (LAP) while availing Privilege Pass/PTO

1. Attention of the Zonal Railways etc is invited to clause (3) of Rule 540-A of R-I/1985 Edition which, interalia, stipulates that successive encashment of LAP cannot be made before a minimum period of two years has elapsed.

2. The matter regarding defining the two years period for the above purpose was under consideration of the Board and it has been decided that the period of two years for the purpose of successive encashment of LAP shall be with respect to a two year block, the first one commencing from 1.9.2008 and ending on 31.08.2010 with respect to the outward journey performed. The next block would commence from 1.9.2010 and end on 31.08.2012 and successive blocks would follow similar pattern

Encashment of LAP while availing Railway Passes/PTOs permitted without any linkage to leave availed

Letter No:  F(E)III/2008/LE-1/1 dated 11.6.2009

RBE No:  104/2009

Subject:  Encashment of Leave on Average Pay (LAP) while availing Railway Passes/PTOs

1.            The Department of Personnel & Training (DOP&T), in consultation with the Ministry of Finance after examining references received from various Ministries/Departments citing practical problems faced by them as the facility of LTC is also admissible while availing casual leave, have issued instructions permitting Government servants encashment of earned leave upto 10 days at the time of availing LTC without any linkage to the number of days and the nature of leave availed while proceeding on LTC.

.2.         The matter has been considered by the Board and in partial modification of the earlier instructions contained in letters of even number dated 29.10.2008 and 03.12.2008, it has been decided to permit Railway servants encashment of LAP upto 10days without any linkage to the number of days and nature of leave availed at the time of availing Passes/PTOs.

3. These orders shall be effective from the date of issue of this letter.

4.         Formal amendment to the Railway Services (Liberalised Leave) Rules,1949 of the Indian Railway Establishment Code Vol.I,1985 Edition (Second Re-print Edition 2003) will be issued separately.

Encashment of LAP on availing Pass is permitted for Running staff & Station Master when leave is refused

Letter No:  F(E)III/2008/LE-1/1 dated 07/05/2012

RBE No: 61/2012

Subject:  Encashment of Leave on Average Pay (LAP) while availing Railway Passes/PTOs

1. Long Pending demand of the Railway Federations for exemption of all the running staff including Drivers, Assistant Drivers, Motormen, Shunters, Guards etc. and Station Masters /Assistant Station Masters for encashment of Leave on Average Pay(LAP) while availing Railway Passes/PTOs, was under examination by the Board. After taking into the nature of their duties, it has been decided to permit encashment of leave to the aforesaid Railway servants in cases where leave is refused but Pass/PTO is availed.

2. These orders shall be effective from the date of issue of this letter.

Compensation in lieu of holidays to Non-gazetted RPF personnel for attendance on gazetted holidays

Letter No:  (P&A)I-2008/ALL/RPF/2 dated 2.01.2009

RBE No:  01/2009

Subject:  Grant of Compensation in lieu of holidays to Non-gazetted RPF/RPSF personnel for attendance on gazetted holidays – implementation of VI CPC’s recommendation

As the Railways are aware there is a provision for grant of cash compensation to Non-gazetted RPF/RPSF  personnel in lieu of their attendance on gazetted holidays equivalent to the amount upto one month’s salary in a year. Pursuant to recommendation of VI CPC, pay scales have been revised w.e.f. 01.01.2006. Since payment of compensation equivalent to one month’s salary has already been made to them for the years 2005-06, 2006-07 and 2007-08 as per pre-revised scales, payment of difference w.e.f. 1.1.2006 as per revised pay scales to RPF/RPSF personnel may be made. All other terms and conditions for payment of such cash compensation shall remain unchanged.

This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

Closing of Central Government offices in connection with General elections

Letter No:  E[G]2008 LE1/5 dated 02.02.2009

RBE No:  21/2009

Subject:  Closing of Central Government offices in connection with election to Lok Sabha, State Assembly, Panchayat, Municipality, Corporation or other Local Bodies – regarding

1.        In modification of the instructions contained in this Department’s OM No. 12/4/86-JCA dated 9th March, 1986, the undersigned is directed to say that the following guidelines  are prescribed for future for closing of Central Government Offices  including industrial establishments in connection with the elections indicated above.

[i]         The relevant organizations shall remain closed in the notified areas where general elections to Lok Sabha or State Legislative Assembly are scheduled to be conducted.

[ii]         In connection with  bye-election to Lok Sabha /State Assembly, only such of the employees who are bona-fide voters in the relevant constituency should be granted special casual leave on the day of polling.  Special Casual leave may also be granted to an employee who is ordinarily a resident of a constituency  and registered as a voter but employed in any Central Government Organisation / Industrial Establishment located outside the constituency having a general / bye-election.

[iii]        In connection with local body elections, viz., Panchayat / Corporation / Municipality, the Government employees who are bonafide voters and desire to exercise their franchise should be offered reasonable facility, subject to normal exigencies of services, either coming late to office or being allowed to leave office early or a short absence on that day.

2.         The employees detailed on election duty may also be  permitted to remain away from their normal duties on polling day[s] as also on the days required for performing journeys which might be undertaken in order to perform such election duty.

The above instructions may be brought to the notice of all concerned.

Clarifications on Child Care Leave to female railway employees

Letter No:  E(P&A)I-2008/CPC/LE-8 dated 08.02.2011

RBE No:  21/2011

Subject:  Child Care Leave to female railway employees-Clarification regarding

Ref :  This office letter of even number dated 04.10.2010

Subsequent to issue of the instructions contained in Board’s above referred letter regarding Child Care Leave (CCL), the following clarifications are issued in pursuance to the clarifications issued by the Department of Personnel & Training vide their OM No. 13018/1/2010-Estt. (Leave) dated 30.12.2010:-

 S.No. Point Clarification 
1 Whether Leave on Average Pay availed for any purpose can be converted into Child Care Leave? How should applications where the purpose of availing leave has been indicated as ‘Urgent Work’ but the applicant claims to have utilized the leave for taking care of the needs of the child, be treated? Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc.Hence Leave on Average Pay availed specifically for this purpose only should be converted.

 

2 Whether  all Leave on Average Pay availed irrespective of number of days i.e. less than 15 days, and number of spells can be converted? In cases where the CCL spills over to the next year (for example 30 days CCL from 27th December), whether the Leave should be treated as one spell or two spells? No. As the instructions contained in this office letter dated 04.10.2010 ibid have been given retrospective effect, all the conditions specified therein wouldhave to be fulfilled for conversion of the Leave on Average Pay into Child Care Leave. In cases where the leave spills over to the next year, it may be treated as one spell against the year in which the leave commences.
3 Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child Care Leave for the remaining period of the current year? No. As per the instructions contained in this office letter dated 04.10.2010 ibid, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed for more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier. Past cases may not be reopened.
4 Whether Encashment of Leave admissible in terms of Rule 540-A, Indian Railway Establishment Code, Volume I, 1985 Edition can be availed during Child Care Leave?  The benefit of encashment of Leave on Average Pay admissible in terms of Rule 540-A, Indian Railway Establishment Code, Volume I, 1985 Edition cannot be availed during Child Care Leave as the same is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

Clarification regarding Encashment of Leave on Average Pay (LAP) while availing Privilege Pass/PTO

Letter No:  F(E)III/2008/LE1/1 dated 22.06.2011

RBE No:  95/2011

Subject:  Encashment of Leave on Average Pay (LAP) while availing Privilege Pass/PTO –Clarification regarding

References have been received in this office from some quarters seeking clarification as to whether Railway employees can avail encashment of leave in terms of Rule 540-A/R-I, 1985 Edition while proceeding on leave other than on LAP and Casual Leave.

2. The matter has been examined in consultation with the Department of Personnel & Training, the nodal department of the Government in the matter, and it is clarified that in order to claim encashment of LAP while availing Privilege Pass/PTO, in terms of the provisions contained in Rule 540-A/R-I, 1985 Edition and as modified/clarified from time to time, Railway employees are required to avail leave, including casual leave. Holidays, including Restricted Holidays, do not come within the ambit of the definition of leave for the aforesaid purpose.

Clarification on Child Care Leave (CCL) in respect of Railway Servants

Letter No:  E[P&A]I-2009/CPC/LE-10 dated 30.09.2010

Subject:  Introduction of Child Care Leave in respect of Railway Servants – Clarification regarding

Certain points raised by one of the Zonal railway in regard to grant of Child Care Leave [CCL] to female railway employees have been considered in consultation with DOP&T.  Point-wise clarification is given as below:

 S.No.

Point

Clarification

1 Limit of Maximum/Minimum leave upto which, Child Care Leave can be sanctioned in one spell. 1&2 :   Maximum limit of CCL is 730 days and minimum limit is 15 days.  CCL cannot be availed more than three times in a year.
2 Whether there should be any minimum gap in between one spell to another spell.
3 Whether any vacancy arising out of child care leave for a period of one year and more can be filled through promotion. Same procedure may be followed as is followed in case of vacancy arising out of LAP
4 Is child care leave admissible in aspect of adopted minor children. Since the instructions regarding grant of CCL do not differentiate between adoptee mother and biological mother, CCL may be sanctioned to adoptee mother also subject to fulfillment of the conditions stipulated for grant of this leave.
5 How/When does LAP/LHAP get credited to the leave account of the employees proceeding on CCL? Is it to be credited on 1st Jan and 1st July respectively as per extant practice? LAP & LHAP may be credited as per the extant practice.
6 As per extant rules leave of any kind can be availed to a maximum of 5 years at a stretch, whether CCL also is to be included in the ambit of 5 years. CCL is to be included in the ambit of 5 years.
7 Is the female Rly.  Servant proceeding on CCL eligible for HRA if so for  what period? In terms of the provisions contained in Rule 1707[i], [ii] & [iii] of IREC Vol.II, HRA would be admissible to female Railway servants proceeding on CCL.
8 Whether Lady officers proceeding on CCL retain their bungalow peons and upto what period? Since CCL is to be treated like LAP, rules applicable for retaining the facility of Bungalow Peon during LAP may also be followed in the case of an employee proceeding on CCL
9 Whether the female employees proceeding on CCL will receive the annual increment in normal course even in case the leave period exceeds more than a year as single spell. The provisions contained in Rule 1320[b][i] and [ii] IREC Volume II, may be applied in case of CCL also.  If the Railway servant is on CCL on the day of increment, the increment will come into effect only on the date she reports for duty.

This disposes of Central Railway’s letter No. AC/Admn. Gaz/VI PC/Corres dated 26.5.2009.

Child Care Leave (CCL) Can be availed even if the employee has LAP at credit

Letter No:  E[P&A]I-2008/CPC/LE-8 dtd 04.10.2010

RBE No:  144/2010

Subject:  Child Care Leave in respect of female railway employees as a result of Sixth Central Pay Commission recommendations – Clarification regarding

1.            Please refer to  Board’s letters of even number dated 23.10.2008 and 12.12.2008  and 23.4.2010 regarding grant of Child Care Leave [CCL].

2.         In pursuance of the decision taken by the Government, the Ministry of Railways have decided to delete the condition that CCL can be availed only if the employee concerned has no LAP  at her credit, subject to the following conditions:-

(i)   CCL may not be granted in more than 3 spells in a calendar year.

(ii)   CCL may not be granted for less than 15 days.

(iii)   CCL should not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.
3.     It is reiterated that the CCL is to be treated like LAP and sanctioned as such.

4.     These orders take effect from 1.9.2008. LAP, if any, availed by women employees before availing CCL subsequent to the issue of Board’s letter  of even number  dated 12.12.2008 may be adjusted against CCL, if so requested by the employee regardless of condition  2[i] and 2[ii] above.

5.         This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

 Child Care Leave (CCL) to Railway servant having disabled children

Letter No:  E[P&A]I-2008/CPC/LE-8 dated 23.04.2010

RBE No:  58/2010

Subject:  Implementation of Government’s decision on the recommendations of the Sixth Central Pay Commission – Child Care Leave –Waiving of age restriction of 18 years for Government servant having mentally challenged/disabled children

1.            Please refer to Board’s letter of even number dated 23.10.2008 and 12.12.2008 regarding grant of Child Care Leave [CCL].

2.         Consequent upon the decision taken by the Government, the Ministry of Railways have decided to permit CCL to female railway employees having disabled children up to the age of 22 years for a maximum period of two years [i.e.730 days] subject to the other terms and conditions stipulated in Board’s above referred letters.  However, it is reiterated that CCL cannot be demanded as a matter of right and under no circumstances can any employee proceed on CCL without prior approval of the Leave sanctioning Authority.

3.         Disabled Child having a minimum disability of 40% is elaborated in the Ministry of Social Justice  and Empowerment’s Notification No.16-18/97-NI.I dated 01.06.2001 [copy enclosed].  Documents relating to the handicap as specified in the above said Notification dated 1.6.2001, as well as a certificate from the Railway servant regarding dependency of the child on the railway servant would have to be submitted by the female railway employee.   The CCL would be permitted to female railway employees only if the child is dependent on them.

4.         This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

Copy of Extract of the Notification No.16-18/97-NI.I dtd. 01.06.2001 issued by the Ministry of Social Justice  & Empowerment

 Sub: Guidelines for evaluation of various disabilities and procedure for certification.

No.16-18/97-NI.I :  In order to review the guidelines for evaluation of various disabilities and procedure for certification as given in the Ministry of Welfare’s O.M. No.4-2/83-HW.III, dated the 6th August, 1986 and to recommend appropriate modifications/alterations keeping in view the Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995, Government of India in Ministry of Social Justice and Empowerment, vide Order No. 16-18/97-NI.I dated 28.8.98, set up four committees under the Chairmanship of Director General of Health Services –one each in the area of mental retardation, Locomotor /Orthopaedic disability, Visual disability and Speech & Hearing disability.  Subsequently, another  Committee was also constituted on 21.7.1999 for evaluation, assessment of multiple disabilities and categorization and extent of disability and procedure for certification.

2.         After having considered  the reports of these committees the undersigned is directed to convey the approval of the President to notify the guidelines for evaluation of following disabilities and procedure for certification:

 Visual impairment

Locomotor / Orthopaedic disability

Speech & hearing disability

Mental retardation.

Copy of the Report is enclosed herewith as Annexure*.

3.         The minimum degree of disability should be 40% in order to be eligible for any concessions/ benefits.

4.         According to the Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Rules, 1996 notified by the Central Government in exercise of the powers conferred by sub-section [1] and [2] of section 73 of the Persons with Disabilities [Equal Opportunities, Protection of Rights and Full Participation] Act, 1995 [1 of 1996],  authorities to give disability Certificate  will be a Medical Board duly constituted by the Central and the State Government.  The State Government may constitute a Medical Board consisting of at least three members out of which at least one shall be a specialist in the particular field for assessing  locomotor /Visual including low vision/hearing and speech disability, mental retardation and leprosy cured, as the case may be.

5.         Specified test as indicated in Annexure*  should be conducted by the medical board and recorded before a certificate is given.

6.         The certificate would be valid for a period of five years for those whose disability is temporary and are below the age of 18 years.  For those who acquire permanent disability, the validity can be shown as ‘Permanent’.

7.         The State Govt./UT Admn. may constitute the medical boards indicated in para 4 above immediately, if not done so far.

8.         The Director General of Health Services, Ministry of Health and Family Welfare will be the final authority, should there arise any controversy/doubt regarding the interpretation of the definitions /classifications/evaluations/ tests etc.

 Availing leave at credit in case of Voluntary retirement

Railway Board Letter No:  E(P&A)I-2003/RT-4 dated 30.7.2003

RBE No:  126/03

Subject:  Scheme of Voluntary Retirement for Railway employees.

Ref :  Board’s letter No.E(P&A)I-77/RT-46 dated 9.11.1977 and 22.8.1985.

Attention is invited to the provisions contained in para 3(xii) of Board’s letter No.E(P&A)I-77/RT-46 dated 9.11.1977 and Para 2 of Board’s letter No.E(P&A)I-77/RT-46 dated 22.8.1985 according to which a Railway servant giving notice of voluntary retirement may also apply, before the expiry of the notice, for the leave standing to his credit which may be granted to him to run concurrently with the notice period except in the case of Extra-ordinary leave as such leave whether on medical ground or on private affairs cannot be termed as leave standing to the credit of a Railway servant.

2. The instructions contained in para 3(xii) of the Board’s letter No.E(P&A)I-77/RT-46 dated 9.11.1977 and 22.8.85 after review stands modified as under:-

A Railway servant giving notice of voluntary retirement may also apply, before the expiry of the notice, for the leave standing to his credit which may be granted to him to run  concurrently with the period of notice.  Extra ordinary leave is not termed, as leave standing to his credit and therefore, it cannot run concurrently with the period of notice given by him for seeking voluntary retirement.  In case, a Railway servant  applies for voluntary retirement while already on extra ordinary leave other than on medical ground, the notice period need not be insisted upon and his request may be accepted with immediate effect provided he is clear from  vigilance angle.  However, if a Railway servant while already on extra ordinary leave on medical ground, applies for voluntary retirement, the notice period, if any, given may be accepted and he may be allowed to retire after the expiry of the notice period subject to vigilance clearance.

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