Railway Service Termination Policies
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Questions and Answers

What is the maximum total leave allowed for a temporary employee who is medically unfit due to circumstances arising from their employment?

  • 6 months (correct)
  • 3 months
  • 12 months
  • 9 months

What happens if a temporary employee becomes medically unfit for reasons not related to their employment?

  • They should be granted 6 months of leave without any effort for alternative employment.
  • They automatically receive a permanent post.
  • They are immediately discharged from service.
  • They receive a maximum of 3 months extraordinary leave and must seek alternative employment. (correct)

Who is eligible for the rule regarding medically unfit employment as detailed in the content?

  • All staff, both temporary and permanent, are covered by the rule.
  • Only those who have been in service for over 5 years are eligible.
  • Only temporary staff are eligible for the rule.
  • The rule is applicable only to permanent staff. (correct)

What document must a medically de-categorised Railway employee provide to commute their leave of absence on medical grounds?

<p>Medical certificate indicating unfitness for the post (C)</p> Signup and view all the answers

What is the consequence if no alternative employment is found for a temporary employee after the leave period?

<p>They are discharged from service. (A)</p> Signup and view all the answers

What is the minimum notice period for terminating the service of a temporary railway servant who has not been engaged on a contract?

<p>Fourteen days (A)</p> Signup and view all the answers

Which of the following scenarios does NOT require notice for a temporary railway servant's service termination?

<p>Voluntary resignation by the employee (D)</p> Signup and view all the answers

For how long must a temporary railway servant have been in continuous service to qualify for a month's notice period upon termination?

<p>Three years (C)</p> Signup and view all the answers

What is the notice period for terminating the service of an apprentice according to the service agreement?

<p>One week (A)</p> Signup and view all the answers

Which of the following is TRUE regarding the termination of service for permanent railway servants?

<p>They must receive a show cause notice prior to termination. (D)</p> Signup and view all the answers

What should be taken into account when terminating the service of certain other specified railway servants?

<p>Specific notice periods defined for them (B)</p> Signup and view all the answers

A temporary railway servant whose service is terminated after three years is entitled to what notice period?

<p>One month (A)</p> Signup and view all the answers

Under which condition is a temporary railway servant entitled to a notice of one month?

<p>If they were engaged on a contract for a definite period. (C)</p> Signup and view all the answers

What is the stipulated notice period for probationary officers and Group A & Group B railway servants?

<p>3 months (B)</p> Signup and view all the answers

Which group of railway servants on probation is mandated to give only a 1 month notice?

<p>Gazetted railway servants in the Medical department (A)</p> Signup and view all the answers

Under what condition can a railway servant’s service be terminated immediately without notice?

<p>Due to a disciplinary measure (A)</p> Signup and view all the answers

What compensation is a railway servant entitled to upon immediate termination?

<p>Full salary and allowances until the end of the notice period (D)</p> Signup and view all the answers

Who has the authority to reduce or waive the stipulated notice period for a railway servant?

<p>The appointing authority (C)</p> Signup and view all the answers

Which level of authority is required to give notice of termination of service?

<p>The appointing authority (C)</p> Signup and view all the answers

For Group A probationers undergoing training, who can exercise the authority to reduce the notice period?

<p>Head of the Centralized Training Institutes (A)</p> Signup and view all the answers

What happens if a railway servant's notice period is shortened by the authority?

<p>The reason for shortening must be recorded (A)</p> Signup and view all the answers

Which of the following does NOT require a notice period for termination?

<p>Disciplinary measures (D)</p> Signup and view all the answers

What is the notice period for Group C and Group D railway servants on probation?

<p>1 month (B)</p> Signup and view all the answers

Who can accept the resignation of a Group C & D Railway servant?

<p>The authority competent to fill the post held by the servant (C)</p> Signup and view all the answers

What is required for a railway servant to be discharged on reduction of establishment?

<p>Order from the authority competent to abolish the permanent post (D)</p> Signup and view all the answers

What happens to a Railway servant declared medically unfit due to vision impairment?

<p>They should be shifted to another post with the same pay scale (A)</p> Signup and view all the answers

What must occur if a medically unfit Railway servant cannot be immediately adjusted to another post?

<p>He should be kept on a special supernumerary post (A)</p> Signup and view all the answers

What does the term 'former emoluments' refer to in the case of running staff?

<p>40% of pay in revised scales of pay (A)</p> Signup and view all the answers

Whose authority is required for selecting pensionable railway servants to be discharged upon reduction of establishment?

<p>The higher authority that appointed them (B)</p> Signup and view all the answers

What is the guiding principle in selecting employees for discharge on reduction of establishment?

<p>Least charge on compensation pension (B)</p> Signup and view all the answers

If a Railway servant is deemed medically unfit, what must begin immediately?

<p>Location of suitable alternative employment (D)</p> Signup and view all the answers

Which body governs the provisions related to the termination of service on account of inefficiency due to physical disabilities?

<p>Persons with Disabilities Act, 1995 (A)</p> Signup and view all the answers

What authority is competent to reduce the establishment and discharge railway servants?

<p>Authority competent to abolish the permanent post (B)</p> Signup and view all the answers

What is the entitlement of a Railway servant or Apprentice under the Industrial Disputes Act 1947 regarding notice?

<p>Wage in lieu of notice (C)</p> Signup and view all the answers

What happens to a temporary railway servant who is absent on extraordinary leave for over 5 years?

<p>They automatically resign their appointment (C)</p> Signup and view all the answers

Who is authorized to accept the resignation of a Group A railway servant under investigation?

<p>Competent authority (B)</p> Signup and view all the answers

What is stated about the resignation of Group A probationers undergoing training?

<p>Their resignations may be accepted by Heads of Centralized Training Institutes. (A)</p> Signup and view all the answers

Under what circumstance should a resignation of a railway servant in an important post be delayed?

<p>When alternative arrangements for the post have not been made (C)</p> Signup and view all the answers

What is required for the acceptance of resignations of Group A railway servants serving on railways?

<p>Sanction of the President (C)</p> Signup and view all the answers

What is a condition in which a resignation should not be suggested to a railway servant?

<p>If they have committed an offence that leads to dismissal (D)</p> Signup and view all the answers

How should the resignation of Group B railway servants be reported?

<p>To the Railway Ministry (D)</p> Signup and view all the answers

What is not required for a temporary railway servant who has absent without leave for a long period?

<p>Show cause notice (D)</p> Signup and view all the answers

What must happen to a resignation before it can be accepted when the railway servant holds an important position?

<p>Alternative arrangements must be made (C)</p> Signup and view all the answers

What is the maximum duration of leave a temporary employee can receive if they become medically unfit due to circumstances arising from their employment?

<p>6 months (C)</p> Signup and view all the answers

Which of the following conditions applies to a temporary employee who is medically unfit for reasons not related to their employment?

<p>They may be granted up to 6 months of leave. (B)</p> Signup and view all the answers

In which scenario would a temporary employee be discharged from service?

<p>If alternative employment cannot be found within 6 months of their leave. (D)</p> Signup and view all the answers

What is the primary requirement for a medically de-categorized railway employee to commute their leave on medical grounds?

<p>They must be certified unfit for their current position. (A)</p> Signup and view all the answers

How should the administration handle the search for alternative employment for a temporary employee medically unfit for reasons unrelated to their employment?

<p>Efforts should be made, but it is not obligatory. (A)</p> Signup and view all the answers

What happens to a railway servant's resignation if it is under investigation without competent sanction?

<p>It cannot be accepted. (C)</p> Signup and view all the answers

What should occur if a railway servant in an important position resigns?

<p>Acceptance should be delayed until alternative arrangements are made. (C)</p> Signup and view all the answers

In which scenario is a railway servant explicitly entitled to notice or wages in lieu under the Industrial Disputes Act?

<p>If the provisions of the Act apply to them. (B)</p> Signup and view all the answers

What applies to the resignation of Group A railway servants who are probationers?

<p>They may resign to join I.A.S. with acceptance by Heads of Training Institutes. (A)</p> Signup and view all the answers

When is no notice of termination required for a temporary railway servant?

<p>If they remain absent without leave beyond five years. (B)</p> Signup and view all the answers

Which authority must sanction the resignation of a railway servant under investigation?

<p>The competent authority to dismiss. (A)</p> Signup and view all the answers

What is required for resignations of Group A railway servants to be accepted?

<p>Approval by the President. (D)</p> Signup and view all the answers

What should happen when a temporary railway servant's leaves exceed five years?

<p>They are automatically resigned. (A)</p> Signup and view all the answers

Which of the following actions is NOT suggested to a railway servant committing an offence warranting dismissal?

<p>To resign voluntarily. (B)</p> Signup and view all the answers

How is the resignation of a railway servant in an important post treated regarding its acceptance?

<p>It should wait until a successor is appointed. (A)</p> Signup and view all the answers

What is the authority required to accept the resignation of a Group C & D Railway servant?

<p>The authority competent to fill the post held at the time of resignation (A)</p> Signup and view all the answers

What is the requirement for discharging a railway servant on reduction of establishment?

<p>Discharge must be ordered by the authority competent to abolish the post (B)</p> Signup and view all the answers

What action should be taken if a Railway servant is declared medically unfit due to vision impairment?

<p>The Railway servant should be shifted to another post with the same pay scale (B)</p> Signup and view all the answers

In case of a railway servant declared medically unfit, what occurs if no suitable post is immediately available?

<p>They may be placed on a special supernumerary post (C)</p> Signup and view all the answers

What principle guides the selection of pensionable railway servants for discharge on reduction of establishment?

<p>Discharge should involve the least charge for compensation pension (C)</p> Signup and view all the answers

What must begin immediately for a Railway servant deemed medically unfit?

<p>Search for suitable alternative employment (C)</p> Signup and view all the answers

Which authority can discharge railway servants on reduction of establishment?

<p>The authority competent to appoint the discharged employee (C)</p> Signup and view all the answers

What should occur to the employment status of a Railway servant when declared medically unfit if an alternative post cannot be found?

<p>They may be placed on special supernumerary status (D)</p> Signup and view all the answers

What is included in the term 'former emoluments' for running staff?

<p>40% of pay in the revised scales of pay (C)</p> Signup and view all the answers

Who issues general orders regarding the selection of pensionable railway servants for discharge on reduction?

<p>The President of India (B)</p> Signup and view all the answers

What notice period is a temporary railway servant entitled to if their service is terminated after being engaged on a contract for a definite period?

<p>One month's notice (B)</p> Signup and view all the answers

Under which condition can a temporary railway servant's service be terminated without notice?

<p>Compulsory retirement due to incapacity (B)</p> Signup and view all the answers

For which of the following types of railway servants is a show cause notice mandatory before termination of service?

<p>Permanent railway servants (D)</p> Signup and view all the answers

What notice period applies to a temporary railway servant who has more than three years of continuous service?

<p>One month's notice (A)</p> Signup and view all the answers

What is the minimum notice period for terminating the service of an apprentice if no specific terms are stated in the service agreement?

<p>One week (B)</p> Signup and view all the answers

Which statement is true regarding the termination of services for certain other railway servants?

<p>Their notice periods are predetermined and fixed. (D)</p> Signup and view all the answers

In cases where a temporary railway servant's position is filled by another person, what notice is required for termination?

<p>Fourteen days' notice (D)</p> Signup and view all the answers

What statement must be true regarding the notice period that should be brought to the notice of railway servants?

<p>It is mandatory for all railway staff. (C)</p> Signup and view all the answers

What is the notice period for Gazetted railway servants on probation in the Medical department?

<p>1 month’s notice (D)</p> Signup and view all the answers

Which of the following groups of railway servants on probation requires a 3 month’s notice period?

<p>Probationary officers (D)</p> Signup and view all the answers

What entitlement does a railway servant have if their service is terminated without the stipulated notice period?

<p>Compensation based on their last drawn salary for the notice period (D)</p> Signup and view all the answers

Who has the authority to reduce or waive the stipulated notice period?

<p>Appointing authorities only (D)</p> Signup and view all the answers

In the case of Group A probationers undergoing training, who can exercise the authority to reduce the notice period?

<p>Heads of Centralized Training Institutes (B)</p> Signup and view all the answers

What type of authority is required to give a notice of termination of service?

<p>An authority not lower than the appointing authority (A)</p> Signup and view all the answers

If a railway servant's notice period is shortened by the authority, what must occur?

<p>The authority must record the justification (A)</p> Signup and view all the answers

Which of the following railway servant groups is not required to provide a notice period for termination?

<p>Railway servants dismissed for misconduct (C)</p> Signup and view all the answers

Flashcards

Temporary Railway Servant Notice Period

Temporary railway servants without a permanent post have no notice if termination is due to post expiry, officiating end, incapacity, or dismissal. Otherwise, they get one month's notice if employed with a fixed-term contract; otherwise, 14 days. Those with over three years get a month.

Permanent Railway Servant Termination

Permanent railway servants require a 'show cause' notice before termination.

Apprentice Termination Notice

Apprentices' service can be terminated with one week's notice, unless their agreement specifies otherwise.

Other Railway Servant Termination

The notice period for other specified railway servants depends on the details specified for them.

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Notice Period: Contract vs. No Contract

Temporary employees with a definite-term contract get a month's notice; otherwise it's 14 days.

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Show Cause Notice

A formal notification to justify, or explain, before termination of employment of a permanent employee.

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Compulsory Retirement

Termination of employment due to physical or mental incapacity.

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Disciplinary Action Termination

Termination of employment due to violation of rules.

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Notice Period for Probationary Officers (Group A & B)

Probationary officers in Group A and Group B railway services are entitled to a 3-month notice period.

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Notice Period for Gazetted Probationary Medical Staff

Gazetted railway servants on probation in the Medical department receive a 1-month notice.

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Notice Period for Group C & D Probationers

Group C and Group D probationary railway servants are given a 1-month notice period.

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Termination without Notice (Compensation)

Railway servants entitled to a notice period can be terminated without notice, and they'll receive payment for the notice period.

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Appointing Authority's Discretion

Appointing authorities can reduce or waive the required notice period, but they must document the reasoning.

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Delegation of Power

The power to reduce or waive notice periods cannot be passed down to other authorities, except in cases of centralized probationary training.

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Centralized Training Institutes' Power

Heads of Centralized Training Institutes have the authority to adjust probationary notice for Group A trainees.

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Authority to issue termination notices

Termination notices, or orders for immediate termination, must be issued by an authority at least as high as the appointing authority.

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Disciplinary Dismissal

Dismissal as a disciplinary measure doesn't require notice if the provisions of Article 311(2) of the Constitution are followed.

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Compulsory Retirement for Incapacity

No notice is needed for compulsory retirement due to physical or mental incapacity.

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Notice or Wage (Railway Servants)

Railway servants covered by the Industrial Disputes Act of 1947 are entitled to notice or wages in lieu of notice, as per the Act's provisions.

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Temporary Railway Servant Resignation

A temporary railway servant who is absent on extraordinary leave for over 5 years is deemed to have resigned and ceased employment, with no notice required.

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Resignation of Railway Servants (Investigation)

Railway servants whose conduct is being investigated cannot have their resignations accepted without approval from the appropriate authority.

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Resignation of Railway Servants with Dismissal Offenses

Railway servants found guilty of offenses punishable by dismissal or removal shouldn't be offered resignation as a solution to issues.

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Group A & B Railway Servants Resignations

General Managers can accept resignations of Group A & B railway servants who are not in administrative positions.

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Resignations of Group A Probationers

Resignations of Group A probationers training for positions like IAS, IFS may be accepted by the heads of training institutes.

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Group A Railway Servants Resignation Sanction

Resignations of other Group A railway servants require presidential sanction.

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Railway Ministry's Role (Decisions)

When a railway servant resigns from an important position, the railway ministry will evaluate the effects on alternative arrangements before accepting the resignation.

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Important Post Resignation Acceptance

Resignations from important positions on Indian Railways should not be accepted until alternative arrangements are made for the position.

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Industrial Disputes Act of 1947

This act dictates the rules around notice and wages for railway employees.

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Railway Servant Resignation

A Group C or D Railway servant can resign, and their resignation will be accepted by the authority that can fill their position.

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Discharge Due to Reduction

A Railway servant can only be discharged due to a reduction in the size of the workforce if the authority that abolished their permanent post, or the authority that appointed them, approves it.

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Least Charge on Reduction

When deciding which pensionable Railway servants to discharge due to a reduction, choose the ones that minimize compensation costs.

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Inefficiency Due to Physical Fitness

A Railway servant who fails a vision test or becomes physically unfit for their current role shouldn't be removed or demoted, but rather shifted to a different position with equal pay and benefits.

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Special Supernumerary Post

If a Railway servant declared unfit can't immediately get a new role, they can be placed on a temporary, non-permanent post in their previous grade while searching for a suitable replacement with the same pay and benefits.

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Former Emoluments for Running Staff

When a Railway servant's 'former emoluments' are calculated, include 40% of their pay in the revised pay scales, specifically for running staff.

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Discharge on Reduction - President's Orders

The President can issue general orders that override the usual process for discharging railway servants on reduction of establishment.

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Discharged Railway Servant Selection

When choosing which pensionable Railway servants to discharge due to reduction, select those minimizing compensation costs.

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Inefficiency Due to Disability during Service

Railway servants who acquire a disability during service should not be discharged or demoted but placed in a suitable role with equivalent pay and benefits.

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Inability to Perform Duties Due to Unfitness

A Railway servant deemed medically unfit stops performing their old duties from the date of the declaration.

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Medical Unfitness Due to Employment

If a temporary employee becomes medically unfit due to circumstances arising from their work, they receive 6 months of leave (including extraordinary leave). During this time, the Railway Ministry tries to find alternative employment for them.

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Medical Unfitness Not Due to Employment

If a temporary employee becomes medically unfit for reasons unrelated to their work, the Railway Ministry isn't obligated to find alternative employment. They'll try, but they're only required to provide up to 3 months of extraordinary leave in addition to regular leave (totaling 6 months). If no alternative employment is found, the employee is discharged.

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Medical Unfitness for Permanent Staff

The 6-month leave rule for alternative employment applies only to temporary employees. If a permanent employee becomes medically unfit, they are eligible for alternative employment.

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Commuting LHAP for Medical Unfitness

A Railway employee medically unfit for their current position can commute their LHAP (Leave on Half Average Pay) if they provide a medical certificate.

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Alternative Employment for Temporary Staff

Finding alternative employment for temporary staff is considered an ex-gratia measure, meaning it's a voluntary act of kindness rather than a legally required obligation.

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Termination Notice for Temporary Railway Servants

Temporary railway servants without a permanent post have no notice if termination is due to post expiry, officiating end, incapacity, or dismissal. Otherwise, they get one month's notice if employed with a fixed-term contract; otherwise, 14 days. Those with over three years get a month.

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Notice Period for Group A Probationers

Probationary officers in Group A railway services are entitled to a 3-month notice period before their employment can be terminated.

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Notice Period for Gazetted Medical Probationers

Gazetted railway servants on probation in the Medical department receive a 1-month notice period before their employment can be terminated.

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Termination Notice Authority

Termination notices, or orders for immediate termination, must be issued by an authority at least as high as the appointing authority.

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Resignation of Group C & D Railway Servants

Group C & D Railway servants can resign, and their resignation will be accepted by the authority that can fill their position.

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Discharge Due to Reduction of Establishment

A Railway servant can only be discharged due to a reduction in the size of the workforce if the authority that abolished their permanent post, or the authority that appointed them, approves it.

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Notice Period for Railway Servants under Industrial Disputes Act

Railway employees covered by the Industrial Disputes Act of 1947 are entitled to notice or pay in lieu of notice, in accordance with the Act's provisions.

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Resignation of Railway Servants under Investigation

A railway employee's resignation cannot be accepted if their conduct is under investigation, unless approved by the authority with power to dismiss them.

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Who Accepts Group A and B Railway Servant Resignations?

The General Manager can accept resignations of Group A & B railway servants, unless they hold administrative positions.

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Who Approves Resignations of Other Group A Servants?

Resignations of Group A railway servants, excluding probationers, require the President's sanction.

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Railway Ministry's Role in Resignation Acceptance

When a railway employee in a crucial position resigns, the Railway Ministry determines whether to accept the resignation only after making alternative arrangements for the position.

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Temporary Railway Servant Resignation Due to Absence

A temporary railway employee who's absent on extraordinary leave for over 5 years is deemed to have resigned and ceased employment.

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Appointing Authority's Discretion in Notice Period

The appointing authority can reduce or waive the required notice period, but must document the reasoning.

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Medical Unfitness for Temporary Employees

If a temporary employee becomes medically unfit due to work-related circumstances, they get 6 months of leave (including extraordinary leave). During this time, the Railway Ministry tries to find alternative employment for them.

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Study Notes

Termination of Service

  • Temporary Railway Servants: No notice required if termination is due to post expiration, officiating vacancy end, compulsory retirement (mental/physical incapacity), or dismissal (Article 311). One-month notice if contract for a definite period, 14 days if no contract. Servants with over three years continuous service get one month's notice.

  • Notice Procedures: Show-cause notice is required for permanent servants. Apprentices have one-week notice.

  • Other Railway Servants: Specific categories, like probationary officers/Group A & B, gazetted railway servants, and Group C/D, have different notice periods (3 months, 1 month, 1 month respectively). Such notice is not required in cases of dismissal/removal for disciplinary reasons or compulsory retirement due to mental/physical incapacity.

  • Notice Period Compensation: If the stipulated notice period is reduced by the appointing authority, the employee is entitled to pay plus allowances for the shortened period. This power can't be delegated, except for group A probationers in centralized training institutes, where this is handled by Heads of Institutes. A terminating authority must be at least the appointing authority.

  • Industrial Disputes Act of 1947: Applies to some railway servants, with notice or wage in lieu thereof.

Resignation

  • Investigation: Resignation of a railway servant whose conduct is under investigation won't be accepted without the approving authority's permission. No suggestion to resign if the railway servant is facing dismissal.

  • Group A & B: General Managers can accept resignations (except for administrative roles). Centralized Training Institutes Heads can handle Group A probationer resignations. President's approval needed for other Group A resignations. All Group A/B resignations need to be reported to Ministry of Railway.

  • Important Role Resignation: If a resignation affects an important post, the resignation shouldn't be immediately accepted; sufficient time for alternative arrangements is needed.

  • Group C & D: The resignation can be accepted by the authority that can fill the position.

Discharge on Reduction of Establishment

  • Authority: Discharge for establishment reduction only by the authority that established/ appointed the position. Highest authority (appointing authority or abolishing authority) must approve.

Service Termination Due to Inefficiency

  • Physical Fitness issues: If a railway servant fails a vision test or becomes physically unfit due to service-related disabilities, they are shifted to another position with the same pay scale and benefits, rather than discharged.

  • Medical findings: Temporarily removed from their position if medically declared unfit. They can be put in a supernumerary position while finding a suitable alternative position with same pay scale and benefits.

  • Circumstances: Medical unfitness must be directly related to circumstances arising from and during the employment; medical unfitness from unrelated circumstances doesn't qualify the employee for the benefits specified in the rule.

###Temporary Employee

  • Leave Policy: Temporary employees who become medically unfit in their post due to job related circumstances get leave that can be counted towards their employment.

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Description

This quiz covers the various termination policies for railway servants, including notice requirements for different categories of employees. It discusses the implications of contract expiration, disciplinary actions, and the compensation related to shortened notice periods. Test your understanding of these guidelines and procedures!

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