Indian Railway Codes and Manuals-Establishment code- Vol-I-Chapter-4 (IV)
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 was done. |
The authority next higher than the auth- ority who had dismissed, removed or compulsorily retired him from services. |
(b) In cases where an appeal was
preferred of review was done and the action of dismissal,
removal or compulsory retirement from service was upheld on appeal/ review by
an authority other than the Railway Board |
The authority higher than the appellate/ reviewing authority as the case may 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 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.
Multiple choice questions:
1. Under what condition can a
railway servant be granted an extension of service beyond the age of 58 years?
A) As a regular practice
B) Only with the approval of the Ministry of Railways in exceptional
circumstances
C) Automatically for all officers
D) If requested by the railway servant
Answer: B) Only with the approval of the Ministry of Railways in
exceptional circumstances
2. What conditions apply to railway
servants during their period of extended service?
A) They are governed by new terms
and conditions
B) They continue under the conditions of service applicable before their
superannuation
C) They are automatically promoted
D) Their pay is reduced
Answer: B) They continue under the conditions of service applicable
before their superannuation
3. Who has the authority to
re-employ a person dismissed from government service to a Group C or Group D
post?
A) The President of India
B) The General Manager
C) The Ministry of Railways
D) The Appointing Authority
Answer: B) The General Manager
4. What must a person seeking
re-employment in railway service disclose to the appointing authority?
A) His previous job title
B) His reasons for seeking re-employment
C) Whether he is currently or was formerly in government service, and the
reason for termination
D) His preferred work location
Answer: C) Whether he is currently or was formerly in government
service, and the reason for termination
5. When a person formerly in civil,
railway, or military employment is re-employed, what must they declare to the
appointing authority?
A) Their educational qualifications
B) The amount of any gratuity, provident fund, or pension received from
previous employment
C) Their previous work experience
D) Their desired salary
Answer: B) The amount of any gratuity, provident fund, or pension
received from previous employment
6. What is the maximum time within
which an applicant for re-employment must produce a clearance certificate from
their previous employer?
A) 1 month
B) 2-3 months
C) 4-6 months
D) 1 year
Answer: C) 4-6 months
7. Which of the following is NOT a
criterion for granting an extension of service or re-employment to a railway
servant?
A) Public interest
B) In-service officers are not ripe enough to take over the job
C) The retiring officer has outstanding merit
D) The officer’s predecessor was granted an extension
Answer: D) The officer’s predecessor was granted an extension
8. In which situation should an
extension of service NOT be considered, even if a suitable successor is not
available?
A) If action to select a successor was
not taken well in advance
B) If the retiring officer has outstanding merit
C) If public interest is served
D) If the Ministry of Railways has approved
Answer: A) If action to select a successor was not taken well in
advance
9. What should be included in the
order granting an extension of service to provide for the curtailment of the
extension period?
A) A clause providing for immediate
termination
B) A clause providing for termination after three/one month’s notice at any
time
C) A clause providing for an automatic extension
D) A clause providing for no termination during the extension
Answer: B) A clause providing for termination after three/one
month’s notice at any time
10. During the period of extension
of service, what is the rule regarding promotion to another post?
A) Promotion is automatic
B) Promotion is based on performance
C) No promotion is allowed during the extension
D) Promotion requires the approval of the Ministry of Railways
Answer: C) No promotion is allowed during the extension
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