Indian Railway Establishment Code Vol-1, Ch-4 PDF

Summary

This document outlines the rules and regulations for extending service and re-employment of individuals who previously worked in government service, specifically with Indian Railways. It details various criteria, conditions, and procedures related to this. Information covers cases involving dismissal or conviction, highlighting authorities involved and processes for re-employment.

Full Transcript

11/21/24, 8:59 AM Indian Railways INDIAN RAILWAY ESTABLISHMENT CODE (Vol - I) || Index || Chapter 1 || Chapter 2 || Chapter 3 || Chapter 4 || Chapter 5 || Chapter 6 ||...

11/21/24, 8:59 AM Indian Railways INDIAN RAILWAY ESTABLISHMENT CODE (Vol - I) || Index || Chapter 1 || Chapter 2 || Chapter 3 || Chapter 4 || Chapter 5 || Chapter 6 || || Chapter 7 || Chapter 8 || Chapter 9 || Chapter 10 || Chapter 11 || Chapter 12 || || Appendix & Annexure || Chapter 4 Extension of Service and Re-employment of persons previously in Government Service 401. General.—(1) No extension of service/re-employment shall be granted as a rule or a Railway servant beyond the age of 58 years save in exceptional circumstances with the approval of Ministry of Railways. (2)During the period of extension of service, Railway servants will be governed by the conditions of service applicable to them before the date of superannuatoin. (3)The terms and conditions for re-employment shall be prescribed by the Railway Ministry from time to time. 402. No person who has been dismissed from Government service or convicted for a criminal offence shall be re- employed, without the sanction of the President, or if the employment or re-employment is to a Group C or Group D post, without the sanction of the General Manager. Note.—If a Railway servant who is dismissed, removed or compulsorily retired from service is to be re-employed by an authority vested with such powers either under this rule or delegations made thereunder this should not be done without the specific approval of the authorities indicated below:- (a) In cases where no appeal was preferred or no review The authority next higher than the was done. auth- ority who had dismissed, removed or compulsorily retired him from services. (b) In cases where an appeal was preferred of review was The authority higher than the done and the action of dismissal, removal or appellate/ compulsory retirement from service was upheld on appeal/ review by an authority other than the Railway reviewing authority as the case may Board be. 403. If a person seeking employment in Railway service is already in Government service or was formerly in such service, it shall be his duty to disclose this fact to the appointing authority and in the latter case give the reason for the termination of his service with Government. 404. (1) When a person who was formerly in civil, railway or military employment obtains re-employment, whether temporarily or permanently in railway service, it shall be incumbent on him to declare to the appointing authority the amount of any gratuity, provident fund or pension received by him in respect of his previous employment. (2) The attention of every railway servant who is re-employed shall be specially called to the provisions of this rule by the authority re-employing him, but the failure of such authority will not be admitted as a ground for condoning any breach of this rule. The Accounts Officer, whenever he becomes aware of such an appointment, shall also take steps to see that the provisions of this rule are complied with. (3)The appointing authority should ensure that the application for re-employment is received through the existing Head of Department or Heads of Corporate Bodies owned or controlled by Government where necessary and that applications would not be entertained if a clearance certificate from the said employer is not produced by the applicant within the specified period of time—say 4-6 months. Note.—The detailed terms and conditions of re-employment regarding fixation of pay allowances, leave, increments, etc. are given in the Indian Railway Establishment Manual. 405. Criteria for grant of extension/re-employment to railway servants.—Extension of service/re-employment to railway servants after superannuation should be considered only in exceptional circumstances and in public interest https://indianrailways.gov.in/railwayboard/uploads/codesmanual/est-code-I/estbl-vol1-chap4-p01-p05.htm#401 1/2 11/21/24, 8:59 AM Indian Railways keeping in view the following guide-lines:-- (1) No proposal for extension of service/re-employment beyond the age of superannuation should ordinarily be considered. The over-riding consideration is that it must be clearly in the public interest and in addition it must satisfy one of the following two conditions:-- (i) that the in service officers are not ripe enough to take over the job; or (ii) that the retiring officer is of such outstanding merit that it is considered necessary to retain him in service further. (2) No extension of service/re-employment should be considered on the ground that a suitable successor is not available unless it is established that action to select a successor had been taken well in advance, but the selection could not be finalised in time for justifiable reasons. (3) A proposal for the grant of extension of service/re-employment based merely on the consideration that the officer’s predecessors had been given extension/re-employment should obviously not be accepted. (4) Appointment of retired officers in the Board of Management of Company, Public Sector Undertakings or enterprise under the Ministry of Railways should not as a rule be proposed. In exceptional circumstances which would justify the appointment of a retired officer, a detailed justification should be given for the consideration of the Appointment Committee of the Cabinet. (5) To provide for any eventuality for curtailing the period of extension/re-employment, the order granting an extension of service/re-employment should include a clause providing for termination of service after three/one month’s notice at any time within the period of extension/re-employment. (6) No railway servant who is on extension of service after the prescribed date of retirement should be promoted to another post during the period of extension of service. *** https://indianrailways.gov.in/railwayboard/uploads/codesmanual/est-code-I/estbl-vol1-chap4-p01-p05.htm#401 2/2

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