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CHAPTER 13 1326. (F.R. 31)—Omitted ( Authority:- Railway Board's letter No. F(E)II/89/FR-1/1 dated 12.12.91)
1327.
(F.R. 31-A). --Notwithstanding the provisions contained in these rules, the
pay of a railway servant who promotion or appointment to a post is found to be
or to have been erroneous shall be regulated in accordance with any general or
special orders issued by the competent authority in this behalf.
1328. (F.R. 33). --When a railway
servant officiates in a post the pay of which has been fixed at a rate personal
to another railway servant, a competent authority may permit him to draw pay at
any rate not exceeding the rate so fixed or if the rate so fixed be a
time-scale, may grant him initial pay not exceeding the lowest stage of that
time-scale, and future increments not exceeding those of the sanctioned scale. Audit Instruction
“The
lowest stage of that time-scale”.--If a Government servant, who is personally
qualified to draw overseas pay, if appointed to officiate in a post on a
time-scale, the pay of which is fixed personally for the substantive holder of
the post and includes sterling overseas pay, the lowest stage in the
time-scale, for the purposes of F.R. 33 (1328).
Is the minimum of the time-scale, plus the sterling overseas pay
included in the pay fixed personally for the substantive holder of the post. 1329. (F.R. 35). -A Competent authority may fix the pay of an officiating railway servant at an amount less than that admissible under these rules. Audit Instruction
(1)
Holding charge of current duties--One class of case falling under this rule is
that in which a Government servant merely holds charge of the current duties
and does not perform the full duties of the post.
(2)
See entry (3) under Audit Instruction under F.R. 22 (1313).
Government
of
Special
order necessary to exercise power under F.R. 35 (1329).--In a case in which
a local Government issued orders of a general nature under F.R. 35 (1329),
restricting the officiating pay of government servants to an increase equal
only to ascertain percentage of the minimum pay of the higher post, the
government of India pointed out that reaching this rule with the rules
substantively regulating the rate of officiating pay and in particular with
F.R.31 (1326), it is clear that the power conferred by F.R.35 (1329) is not
exerciseable save by special order passed in an individual case and on a
consideration of the facts of the case.
A general order purporting to oust universally the operation of F.R. 31
(1326) would be ultra vires of F.R. 35 (1329), it would constitute the grossest
possible fraud thereon. (G.I.F.D. letter No. F-9 (5) RI
/33 dt.
1330.
(F.R. 36).--A competent authority may issue general or special orders
allowing officiating promotions to be made in the place of railway servants who
are treated as on duty under Rule 103 (16) (b). Government of
(1)
Officers of A.I.R.O.--Acting promotions may be made in the place of Government
servants under-going training in the Army in India Reserve of Officers and the
Indian Territorial Forces, who under paragraph 38, Appendix XXX, Regulations
for the Army in India, Army Instruction (India), No.E-37 of 1927 and royal Air
Force Instruction (India), No. 87 of 1927, are treated during the period of
training as on duty for the purpose of civil leave and pension and for increments
of civil pay.
(G.I.,
F.D. Memo No. F-60-RI/28 dated
(2)
In the case of railway officers undergoing training at the
(Rly.
Board’s letter No. E (GR) 1167 TR 1-6, dated (No. 369, dated 1st
January, 1972.)
1331. (F.R.37)--Personal Pay.--Except
when the authority sanctioning it orders otherwise, personal pay shall be
reduced by any amount by which the recipient’s pay may be increased, and shall
cease as soon as his pay is increased by an amount equal to his personal pay.
1332.
(F.R. 39)--Pay of Temporary Posts.--When a temporary post is created which
may have to be filled by a person not already in government service, the pay of
the post shall be fixed with reference to the minimum that is necessary to
secure the services of a person capable of discharging efficiently the duties
of the post.
1333. (F.R.40).-When a temporary post
is created which will probably be filled by a person who is already a
government servant, its pay should be fixed by the competent authority with due
regard to- (a) the character and responsibility of the works
to be performed; and (b) the existing pay of railway servants of a
status sufficient to warrant their selection for the post. Government of
(1)
Pay on special duty or “deputation”.--Although it has been incorrect
since the Fundamental rules superseded the Civil Service Regulations to refer
to officials holding temporary posts created for special purposes outside the
regular line of their service as being “on deputation” or “on special duty”,
recommendations are still commonly made in the absolute terms of the Civil
service Regulations; and these terms are accordingly used for convenience in
this order. All such posts are now
technically temporary posts added to the cadre of the holder’s services; and the
rule governing the fixation of pay for the holders is Fundamental Rules 40
(1333). * * * The correct method is to fix a consolidated pay split up, if
convenience so dictates, into rupee and sterling elements. Possibly through the influence of Fundamental
Rule 22 (1313) and 30 (1325), before they were amended in March, 1930, to
eliminate the unintentional extravagance of enhanced pay for a mere change in
the character of duties performed, the tendency has gradually grown up of
sanctioning enhanced pay for all posts temporarily created outside the ordinary
with scant regard to the provisions of fundamental rule 40 (1333). It has accordingly been ordered that the
following principles should strictly be observed in fixing pay of such posts- (i) A Government servant placed on “special
duty” or “on deputation” should have the pay of his temporary post fixed at
what his pay would have been from time to time in the regular line had he not
been so deputed.
NOTE.
--If the sanctioning authority is satisfied that Government servant so deputed
would otherwise have been advanced very shortly afterwards to a post carrying
higher pay than that which he was drawing at the time his “special duty” or “deputation
“ begins and would continue to hold such a post for approximately the same
period as his temporary post is expected to last, it may take this fact into
account and fix a uniform pay throughout the period. (ii) The sole criterion for
sanctioning enhanced pay in such cases is proof of a decided increase of work
or responsibility in comparison with the duties of the post which the
Government servant would otherwise occupy in the regular line. Where the test of comparative responsibility
is not practicable, Fundamental Rule 40 (1333) may be followed. (iii) Any extra remuneration
sanctioned because of such increased work or responsibility should in no case
exceed, without the special sanction of the Finance Department, one-fifth or
substantive pay. Government servants deputed to posts substantially parallel in work and responsibility to the posts which they would otherwise have occupied, should receive no increase in pay, though the peculiar circumstances in which their duty is to be performed may justify reasonable compensatory allowances. An excellent example of this type will be found in the personnel deputed to Committees and Commissions. Government servants deputed as members of Committees and Commissions will ordinarily be performing no more responsible duties than they would have performed had they remained in the ordinary line of their service; and it is only in exceptional cases that any extra remuneration can be justified. The foregoing principles may, however, have to be relaxed in exceptional cases, where having regard to the importance of the duties, it is necessary to secure officers with special qualification on special items.
(G.I.,
F.D., Memo No. F.13-XIX-Ex. 1/31 dt.
(2)
As the fixation of a consolidated rate of pay of temporary posts has on some
occasions led not to economy but to extravagance, the orders contained in Item
(1) above are amplified and restated as follows-
Temporary
posts may be divided into two categories--- (i) posts
created to perform the ordinary work
for which permanent posts already
exist in a cadre, the only distinction being that the new posts are
temporary and not permanent, and (ii) Isolated
posts created for the performance of special tasks unconnected with the
ordinary work which a Service is called upon to perform. An example of the latter type of post would
be a post on a commission of enquiry. A
distinction by strict verbal definition is difficult, but in practice there
should be little difficulty in applying the distinction in individual
cases. The former class of post should
be considered to be a temporary addition to the cadre of a service who every
may be the individual appointed to the post. The latter class of temporary post
should be considered as unclassified and isolated ex-cadre posts.
(3)
Temporary posts which by this criterion should be considered as the temporary
additions to the cadre of a Service, should be created in the time-scale of
service ordinarily without extra remuneration. Incumbents of these posts will,
therefore, draw their ordinary time-scale pay.
If the posts involve decided increase in work and responsibility in
comparison with the duties of the parent cadre generally, it may be necessary
to sanction a special pay in addition.
(4)
For isolated ex-cadre posts, it may occasionally be desirable to fix
consolidated rates of pay. Where,
however, the post is to be held by members of a service it will ordinarily be
preferable also to create the post in the time-scale of the holder’s service.
(G.I.,
F.D., Office Memorandum No. F.27 (34)-Ex.1/36 dt. Government of
The
instructions laid down in Government of India’s order above should be generally
followed when special temporary appointments are made; and departure there-from
should be personally sanctioned by the General Manager.
(Rly.
Board’s letters 1111-E.G., dated ADDITIONS TO PAY
1334. (F.R.46)--Fees and Honoraria - (a) Fees.--A
competent authority may permit a railway servant, if it be satisfied that this
can be done without detriment to his official duties or responsibilities, to
perform a specified service or series of services for a private person or body
or for a public body including a body administering a local fund and to receive
as remuneration therefore, if the service be material, a non-recurring or
recurring fee.
NOTE.
--This clause does not apply to the acceptance of fees by railway medical
officers for professional attendance which is regulated by the Rules in Chapter
6.
(b
) Honoraria.-A Competent authority may grant or permit a railway servant
to receive an honorarium as remuneration for work performed which is occasional
or intermittent in character and either
so laborious or of such special merit as to justify a special
reward. Except when special reasons,
which should be recorded in writing, exist for a departure from this provision,
sanction to the grant or acceptance of an honorarium should not be given unless the work has been undertaken with the
prior consent of the competent authority and its amount has been settled in
advance.
(c)
Conditions governing the grant of fees and honoraria.--In the case of
both fees and honoraria, the sanctioning authority shall record in writing that
due regard has been paid to the general
principle enunciated in Rule 237 (F.R.11), and shall record also the reasons
which in his opinion justify the grant of the extra remuneration. Government of
(1)
Temporary increase in works.--Several instances have come to the notice
in which recommendations have been made by various Departments for the grant of
honoraria to members of their office on account of a temporary increase in
their work due to the holding of special Conferences under the suspieces of a
Department or Subordinate authority or of inter-departmental Committees. In the opinion of the finance Department,
such temporary increases in work are normal incidents of Government service,
and form part of the legitimate duties of Government servants according to the
general principle enunciated in F.R.11 (Rule 237). Those so employed have, therefore, no claim
to extra remuneration.
(G.I.
F.D., Memo No. F. 5-VIII-RI/30, dated
(2)
Intimation to the Union Public Service Commission by Departments of the
Government of India, or other Heads of Departments sub-ordinate to them, that
particular Government servants have been appointed to the viva voce boards
in connection with the recruitment examinations conducted by the Union Public
Service Commission, should be regarded automatically conveying the Government
of India’s sanction to the acceptance by the said officers of honoraria at the
fixed rates prescribed by the Union Public Service Commission, and to their
drawing the traveling allowance admissible to them.
The
employment by the Public Service Commission as examiners or moderators or any
officers serving under the Government of India or Heads of Departments
subordinate to them will also automatically imply the Government of India’s
sanction to those officers undertaking the work and accepting honoraria at the
fixed rates prescribed by the Commission.
(G.I.,
F.D., letter No. F.1-XII-Ex.11/25, dt. 16th July. ’35, to the
Secretary, Public Service Commission; G.I., F.D.,letter No.D-6434-Ex. 11/36
dated Audit Instruction
Recording
of the reasons for the grant of Honoraria.-The rule requires that the reasons
for the grant should be recorded in writing as it is intended that the grant of
an honorarium or fee should be carefully controlled by Government and
scrutinized by Audit, and that Audit should be given an effective opportunity
of comment if it be deemed necessary. Audit Officers may, therefore, require
that the reasons for the grant of an honorarium or fee should be communicated
to them in each case.
(Ruling
(26), Section IV of Compilation of Audit Rulings.) Railway Ministry’s decision
1.
(a) A Railway servant appointed as an arbitrator in a dispute in which the
railway Administration is a party should be from a Department different from
the one to which the dispute pertains. A Railway servant appointed to act as an
arbitrator in a dispute in which his own Department is involved should not be
granted any honorarium. NOTE--‘Department’ for the purpose of application of these orders is a Department of Railway. The intention is that each service (department) on a Railway should be treated as a separate department for the purpose. However appointment of an Engineer from the ‘Open Line’ of the Civil Engineering Department as an Arbitrator to deal with a case of Construction and vice versa would be treated as an appointment of an Arbitrator from a different Department.
(b)
If he is appointed as an Arbitrator in a dispute involving a department other
than his own, he may be paid an honorarium at the rate of Rs.80/- per day or
Rs.40/- per half day subject to a maximum of Rs. 1200/- per case. For this purpose a day means more than two
hours continuous work on a day and half day means work for two hours or
less. He shall record a certificate in
writing indicating whether he has done a day’s work or half day’s work on a
particular day. (Authority: - Railway Board’s letter No. E (G) 89/HO1-34 dated 8.1992.)
(c)
In either of the above two cases, when any costs on account of arbitration are
awarded against a private party, the entire amount on recovery by the Railway
concerned, shall be credited to Railway revenues and shall not be paid to the
arbitrator.
(d)
A railway servant may, with the prior permission of the competent authority as
required under Rule 1334 (F.R. 46(a)), accept appointment as an arbitrator in a
dispute between private parties. At the
time of giving such permission, the competent authority shall decide whether
consistent with his official duties, he may undertake the arbitration work and
also whether he may accept any fee for it from the parties to the dispute. The fee from the private party shall be
subject to the provisions of S.R. 12 that one third of any fee shall be
credited to railway revenues, provided the amount retained by the railway
servant concerned will not, merely by the operation of this rule, be reduced to
below Rs. 400/-, if non-recurring, or Rs. 250/- a year, if recurring.
Railway
Board’s letters No. E(G)60/HO-1/25 dated
2.
(a) In cases where no sanction is required for broadcasts on All India Radio
etc. which are purely of a literary, artistic or scientific character, no
permission is necessary for Railway servants to receive the honorarium.
(b)
In cases where sanction to broadcast is necessary, such sanction, if given,
should be taken to carry with it also the sanction to receive the
honorarium.
(Railway
Board’s letter No. E(G)57/HO-1/2 dated
(Authority
No. E(G)63-HO/1/10 dated
1335.
(F.R. 48) --Premium and Reward--
Any railway servant
is eligible to receive and except as otherwise provided by a general or special
order of the President, to retain without special permission:-- (a) the premium awarded for any essay or plan in public competition; (b) any reward offered for the arrest of a criminal or, for information or special service in connection with the administration of justice; (c) any reward payable in accordance with the provisions of any Act or Regulation or rules framed thereunder; (d) any reward sanctioned for services in connection with the administration of the customs and excise law; and
(e) any fees payable to a
railway servant for duties which he is required to perform in his official
capacity under any special or local law or by order of Government. PRESIDENT’S DECISION
Approval of the Railway Board.-- The
acceptance of fees by railway servants in cases covered by Fundamental Rule 48
(1335), does not require the approval of the Railway Board. (Rly. Board’s
letter No. E.38-FE/126(2) dt. Government of A fee payable to a railway servant under rule 1335 (
c ) can be retained by him without special permission. In other words, Supplementing Rule 12 which
requires that one-third of all fees received by railway servants from private
sources should be credited to Government, does not apply to such
remuneration. It is not considered
desirable that a railway servant, who in his official capacity is nominated as
a Chairman or member of a Government, should be made eligible for any fee or
other remuneration (except traveling
allowance ) which is admissible to
non-Government servants for attending a meeting of the institution concerned or
for performing other work thereof. This
object can be secured by making suitable provisions in the Articles of
Association or other Regulations of the body concerned or any Act relating to
its institution without having recourse to an amendment of Rule. (Rly. Board’s
File No. F(E)-51/FR-1/1.)
1336. (F.R. 48-A)- Patent for Inventions-- A railway servant shall not apply for or obtain,
or cause or permit any other person to apply for or obtain, a patent for an
invention made by such railway servant which is connected directly or
indirectly with his official duties, save with the permission of the President
and in accordance with such conditions as the President may impose. Government of
(1) Patents for Inventions.-- Application for permission shall be made by the railway servants
making an invention to the head of his department, or if he is himself the head
of a department, to the Railway Board.
The head of the department shall deal with the application
confidentially and with expedition so that the inventor may not be prejudiced
by delay in making his application at the Patent Office and shall forward it
with his recommendations to the Railway Board. (2) In dealing with the applications for patents the
Railway Board shall be guided by the following principles:- (i) Permission shall be granted to the
applicant without any restriction if the invention has no
connection with the railway servant’s official duties and has not resulted from
facilities provided as government expense. (ii) If the invention is made in the
course of the railway servant’s official duties or has resulted from facilities
provided at government expense, then-- (a) if the invention is of such
general interest and utility that the public interest will be best served by allowing the public a free use of the
invention, the application for taking out a patent shall be refused and the
invention shall be published. An
exgratia payment shall ordinarily be made to the inventor as a reward in all
such cases; (b) if the invention is not of the
kind mentioned in clause (a), but is of sufficient public utility as is likely to make its commercial
exploitation profitable, the inventor shall be directed to take out a patent
and to assign his rights under the patent to the President . In all such cases, the inventor shall be
rewarded either by a suitable lump- sum
payment or by a liberal percentage of the profits made by Government in
connection with the invention; (c) in other cases, the inventor shall be allowed to take out a patent for his own benefit subject to his undertaking to permit Government the use of the invention either without payment or on such terms as they may consider reasonable. Before permission is given to a railway servant under this clause to take out a patent, he shall undertake- (i) to
insert a condition, in respect of the Railway Board’s right in the patent, in
any agreement which he may enter with
any party for exploiting the said patent, and also to forward a copy of such
agreement to the Board for their information; and (ii) to
refund to the Railway Board any royalty which he may receive from the
exploitation of the patent in respect of the articles purchased for the use of
the Crown, whether or not he was in service at the time of such purchase. Copies of orders relating to grant of permission to
take out patents, wherein any condition is imposed regarding any special right
reserved for the government, should be forwarded to the Controller of Patents and
Designs so that a notice of such conditions may be entered in the Register of
Patents for the information of the public. (3) When the invention has been assigned to the
President under clause (ii) (b) of item (2) above, the President may- (a) exploit the patent himself, or (b) advertise the patent and grant licenses on
payment to manufacturers, or (c) sell the rights under the patent to a firm or to
a private person. (4) In order to secure for Government the full
benefits of inventions, the Controller of Patents and Designs will ordinarily
be consulted before any awards are made under Clauses (a), (b) of item 2 (ii)
above or steps are taken for the exploitation of the patents under item 3
above. (5) When a railway servant makes a suggestion, in
regard to railway working or makes an invention, for which he does not propose
to apply for permission to take out a patent, and in either case the suggestion
or the invention is likely to prove beneficial to the railway, the General
Manager of a railway may grant to such a railway servant a bonus or reward not
exceeding Rs. 500/-. Proposals for the
grant of bonus or reward in excess of this limit shall require the previous
sanction of the president. (Rly.
Board’s letters Nos. 34/572/S/23,dt. COMBINATION OF APPOINTMENTS
1337. (F.R.49).
-- A competent authority may appoint a railway servant already holding a post
in a substantive or officiating capacity, to officiate, as a temporary measure
in one or more of other separate posts at one time. In such cases his pay shall be regulated as
follows—
(a) the highest pay to which he would be entitled
if his appointment to one of the posts
stood alone, may be draw on account of his tenure of that post; (b) for each other post he draws such
reasonable pay, in no case exceeding half the
presumptive pay (excluding overseas pay) of the post as the competent
authority may fix; and (c)
if compensatory or sumptuary allowances are attached to one or more of
the posts, he draws such compensatory or sumptuary allowances as the competent
authority may fix, provided that such allowances shall not exceed the total of
the compensatory and sumptuary allowances attached to all the posts; PRESIDENT’S ORDER The term ‘height pay’ in clause (a) of this rule
should be interpreted as pay admissible to a railway servant under the rules
including rule 1329 (F.R.35). AUDIT INSTRUCTION Presumptive pay for the purposes of Fundamental Rule
49(b), should, according, to Fundamental Rule 9(24), be taken to what the
Government servant who is placed in additional charge, will draw as initial pay
in the time-scale of the additional post under Fundamental Rule 22, were he
formally transferred to it. In cases,
however, in which the maximum of the lower post is les than the pay of the
Government servant in his substantive post, the application of the Fundamental
Rule 22 is not clear, and accordingly the President has decided under
Fundamental Rule 8 that in such a case the maximum of the pay of the lower post
should be taken as the presumptive pay for the purposes of Fundamental Rule
49(b). (Rly. Board’s Case No. F. 42/PA-1(4).) DEPUTATION OUT OF
1338. (F.R.50)--
Sanctioning Authority.-- No deputation of a
railway servant out of
1339. (F.R.51)-- Pay during deputation out of
India.--(1) when a railway servant is, with
proper sanction, temporarily deputed for duty out of India either in connection
with the post held by him in India or in connection with any special duty on
which he may temporarily be placed, he may be allowed by the President to draw
during the period of deputation the same pay which he would have drawn had he
remained on duty in India; Provided that a railway servant, who is placed on
deputation while already on leave, out of India on average pay, may be required
by the President to continue to be on leave, in which case he shall be given
during that period, in addition to his leave salary, an honorarium of one-sixth
of the pay which he would have drawn had he remained on duty in India; the cost
of passages from and to India shall be borne by him.
NOTE:- (1) The portion of the pay which a railway
servant may be permitted to draw in foreign currency while on deputation abroad
will be determined in accordance with the orders issued by the President in
this regard from time to time. (2) A railway servant on deputation may also be
granted a compensatory allowance in a foreign country of such amount as the
President may think fit. (3) The foreign exchange equivalent of the pay,
honorarium or compensatory allowance admissible under sub-rule (1) or sub-rule
(2) shall be calculated at such rate of exchange as the President may by order
prescribe. Government of (1) Honorarium for duty during leave. - Officers on
leave, who are unwilling to undertake special duty on deputation rates of pay
may be allowed to continue to consume leave and receive an honorarium fixed at
one-sixth of Indian pay.
(G.I., F.D.,
No.994-C.S.R., dated 9th May. 1924) (2) Option to convert deputation into leave. -
Officers on deputation out of Periods of deputation converted into leave should
count for pension as leave and not as deputation. (Indian Office No. F.4012-25 dated
(3) Interpretation. - The terms of F.R. 50 (1338)
must be interpreted as applying to cases where officers exercise the option of
consuming leave and drawing an honorarium of one-sixth pay during a period of
duty out of (G.I.,F.D., No. F/101-CSR-26 dt.
(4) Attending
conferences. --In the case of officers who,
while on leave in the (i) Officers
who are nominated as official representatives of the
Government of India will be placed on deputation for the period involved
and will receive the usual traveling expenses and subsistence allowance. (ii) Officers
who are not so nominated will not be placed on deputation but if it is thought
desirable that they should attend as visitors they may be offered traveling
expenses and subsistence allowance as an inducement for them to do so. Further though the officer may not be an
official representative, the
(India Office S. of S.’s Despatch No. 5 Overseas, dated 20th
December, 1928 received with G.I., F.D., Endorsement No.F-4-II-RI/29 dated 9th
February, 1929.) (5) Officers on short
term contracts. - In connection with the deputation pay of officers on short
term contracts when called upon to undertake duty outside India, it has been
decided to include in the model terms of agreement in use by the office of the
high Commissioner for India for short term appointments under the Government of
India, a clause providing specifically that deputation out of India shall be
governed by the ordinary service rules. (G.I., F.D., letter No. F. 4(28)-RI/31 dt.
Government of
(1) “Pay” in F.R.. 51 (1339).-- The term “Pay” in the expression, “the pay which he
would have drawn if he had remained on duty in India” occurring in this rule,
should be interpreted literally with reference to the definition in F.R. 9(21) (Rule 1303) and the pay which an officer would
have drawn if he were on duty in India should be determined for the purpose of
this rule, with reference to what the competent authorities in India state the
Officer’s pay would have been if he were
on duty in India. It will, therefore, be
necessary for the Account Officer to intimate to the High Commissioner in each
case after consultation with Government, the pay which an officer would have
drawn if on duty in In the case of Government servants who are not
deputed out of India for special items of work but are placed on continuous
service with commissions and committees whose functions require work both in
and out of India, the expression “ the pay which he would have drawn if he had
remained on duty in India” occurring in this rule as well as the expression “
the pay which the Government servant would have drawn if on duty in India”
occurring in proviso (a) F.R. 9(2) (Rule 1303) should be interpreted as having
reference to the pay which they would have drawn in India had they continued on
duty with the commission or committee there. (G.I., F.D., No. F/47-RI/28 dt.
(2) Overseas
pay to be taken into account.-- As overseas
pay is included in ‘pay` and as an officer would draw overseas pay under
Fundamental Rule 5 (1) (1339), (if entitled to it) had he remained on duty in
India, it should be taken into account for the purposes of calculation of the
deputation pay under the revised Fundamental Rule 51. (Government of Audit Instruction Period of
Deputation. -- The period of the deputation
runs from the date on which the Government servant makes over charge of his
office in India to the date on which he resumes it or if the Government servant
is on leave out of India at the time he is place on deputation, the period of
the deputation is the time actually occupied by the duty.
1340. (F.R.51-A). -- When a railway servant is with proper sanction deputed for duty out
of India to hold a regularly constituted permanent or quasi-permanent post,
other than a post borne on the cadre of the service to which he belongs, his
pay shall be regulated by the orders of the Central Government. DISMISSAL, REMOVAL AND SUSPENSION
1341. (F.R.. 52) Date from which affected .-- The pay and allowances of a railway servant who
is removed or dismissed from service cease from the date of the order of
removal or dismissal.
1342. (F.R.53) Pay during suspension.--(1) A railway Servant under suspension or deemed
to have been placed under suspension by an order of the competent authority
shall be entitled to the following payments, namely- (a)
A subsistence allowance at an amount equal to the leave salary which the
Railway servant would have drawn if he had been on leave on half average pay or
on half pay and in addition dearness allowance, if admissible, on the basis of
such leave salary. Provided that where the period of suspension exceeds
3 months, the authority which made or is deemed to have made the order of
suspension shall be competent to vary the amount of subsistence allowance for
any period subsequent to the period of the first 3 months as follows:
(i) the amount of subsistence allowance may be
increased by a suitable amount, not exceeding 50 per cent of the subsistence
allowance admissible during the period of the first three months , if, in the opinion
of the said authority, the period of suspension has been prolonged for reasons,
to be recorded in writing, not directly attributable to the railway servant;
(ii) the
amount of subsistence allowance may be reduced by a suitable amount not exceeding 50 percent of the
subsistence allowance admissible during
the period of the first three months, if, in the opinion of the said authority,
the period of suspension has been prolonged due to reasons, to be recorded in
writing, directly attributable to the railway servant;
(iii) the rate of dearness allowance will be based on the increased or,
as the case may be, decreased amount of subsistence allowance admissible under
sub-clauses(i) and (ii) above (b) Any other compensatory allowances
admissible from time to time on the basis of pay of which the railway servant
was in receipt on the date of suspension subject to the fulfilment of other
conditions laid down for the drawl of such allowances. (2) No payment under sub-rule (1) shall be made
unless the railway servant furnishes a certificate that he is not engaged in
any other employment business, profession or vocation. Provided that in the case of a Railway servant
dismissed, removed or compulsorily retired from service, who is deemed to have
been placed or to continue to be under suspension from the date of such
dismissal or removal or compulsory retirement, under sub-rule (3) or sub-rule
(4) of rule 5 of Railway Servants (Discipline and Appeal) Rules 1968, and who
fails to produce such a certificate for any period or periods during which he
is deemed to be placed or to continue to be under suspension, he shall be
entitled to the subsistence allowance and other allowances equal to the
subsistence allowance and other allowances equal to the amount by which his
earnings during such period or periods as the case may be, fall short of the
amount of subsistence allowance and other allowances that would otherwise be
admissible to him where the subsistence and other allowances admissible to him
are equal to or less than the amount earned by him, nothing in this proviso
shall apply to him.
1343 (F.R.54).--(1)
When a railway servant who has been dismissed, removed or compulsorily retired
is re-instated as a result of appeal or review or would have been so reinstated
but for his retirement on superannuation while under suspension preceding the
dismissal, removal or compulsory retirement, the authority competent to order
reinstatement shall consider and make a specific order- (a)
regarding the pay and allowances to be paid to the railway servant for
the period of his absence from duty including the period of suspension
preceding his dismissal, removal or compulsory retirement, as the case may be;
and
(b) Whether
or not the said period shall be treated as a period spent on duty. (2) Where the authority competent to order
re-instatement is of opinion that the railway servant who had been dismissed,
removed or compulsorily retired has been fully exonerated the railway servant
shall, subject to the provisions of sub-rule (6), be paid the full pay and
allowances to which he would have been entitled, had he not been dismissed,
removed or compulsorily retired or suspended prior to such dismissal, removal
or compulsory retirement, as the case may be: Provided that where such authority is of opinion
that the termination of the proceedings instituted against the railway servant
had been delayed due to reasons directly attributable to the railway servant,
it may, after giving him an opportunity to make his representation and after
considering the representation, if any, submitted by him, direct, for reasons
to be recorded in writing, that the railway servant shall, subject to the
provisions of sub-rule (7), be paid for the period of such delay only such
amount of such pay and allowances as it may determine. (3) In a case falling under sub-rule (2), the period
of absence from duty including the period of suspension preceding dismissal,
removal or compulsory retirement, as the case may be, shall be treated as a
period spent on duty for all purposes. (4) In cases other than those covered by sub-rule
(2) (including cases where the order of dismissal, removal or compulsory
retirement from service is set aside by the appellate or reviewing authority
solely on the ground of non-compliance with the requirements of clause (2) of Article
311 of the Constitution and no
further inquiry is proposed to be held) the railway servant shall, subject to
the provisions of sub-rules (6) and (7), be paid such amount to which he would
have been entitled, had he not been dismissed, removed or compulsorily retired
or suspended prior to such dismissal, removal or compulsory retirement, as the
case may be, as the competent authority
may determine, after giving notice to the railway servant of the quantum
proposed and after considering the representation, if any, submitted by him in
that connection within such period which
in no case shall exceed 60 days from the date on which the notice has been
served as may be specified in the notice.
(5) In a case falling under sub-rule (4), the period
of absence from duty including the period of suspension preceding the
dismissal, removal or compulsory retirement, as the case may be, shall not be
treated as a period spent on duty, unless the competent authority specifically
directs that it shall be so treated for any specific purpose; provided that if
the railway servant so desires, such authority may direct that the period of
absence from duty including the period of suspension preceding his dismissal,
removal or compulsory retirement, as the case may be , shall be converted into
leave of any kind due and admissible to the railway servant. NOTE:-- The order of the competent authority under
the preceding proviso shall be absolute and no higher sanction shall be
necessary for the grant of—
(a)
extraordinary leave in excess of three months in the
case of temporary railway servant; and
(b)
leave of any kind in excess of five years in the
case of permanent railway servant. (6) The payment of allowances under Sub-rule(2) or
sub-rule (4) shall be subject to all other conditions under which such
allowances are admissible. (7) The amount determined under the proviso of
sub-rule (2) or under sub-rule (4) shall not be less than the subsistence
allowance and other allowances admissible under Rule 1342 (F.R. 53). (8) Any payment made under this rule to a railway
servant on his re-instatement shall be subject to adjustment of the amount, if
any earned by him through an employment during
the period between the date of removal, dismissal or compulsory
retirement, as the case may be, and the date of re-instatement. Where the emoluments admissible under this
rule are equal to or less than the amounts earned during the employment elsewhere,
nothing shall be paid to the railway servant. Government of (1)
No
condition of lien to be satisfied for applying F.R. 54 (1343). – A Government servant was dismissed from service
on
(G.I., F.D., No. F/28-RI/28, dt.
(2)
A question having arisen whether in cases where the period of suspension is
ordered to be treated as one spent on leave and when on conversion it is found
that the greater part of the period is to be treated as extraordinary leave for
which no leave salary is admissible, the recovery of the subsistence allowance
already paid would be in order, it has been decided that there is no bar to the
conversion of any portion of a period of suspension into extraordinary
leave. In the case of person who are not
fully exonerated the conversion of the period of suspension into leave with or
without allowances has the effect of removing the stigma of suspension and all
the adverse consequences following therefrom. The moment the period of
suspension is converted into leave, it has the effect of vacating the order of
suspension and it will be deemed not to have been passed at all. Therefore, if it is found that the total
amount of suspension exceeds the amount of leave salary and allowances, the
excess will have to be refunded and there is no escape from this conclusion. (3)
When the period of suspension after re-instatement is not treated as duty by
the competent authority nor as leave at the request of the employee, it will
not be deemed to cause an interruption/break in service. It shall be counted as “service” for the
purpose of special contribution to Provident Fund, leave on average/half
average pay under the State Railway Leave Rules contained in Chapter V.
(Authority
Rly. Board’s letter No. F(E)52SPN(1) dated
1344(F.R. 54 A).--(1) where the dismissal, removal or compulsory retirement of a railway
servant is set aside by a Court of law and such Government servant is
reinstated without holding any further inquiry, the period of absence from duty
shall be regularized and the Government servant shall be paid pay and
allowances in accordance with the provisions of sub-rule (2) or (3) subject to
the directions, if any, of the court. (2) (i) Where the dismissal, removal or compulsory retirement of a railway servant is set aside by the court solely on the ground of non-compliance with the requirements of clause (1) or clause (2) of Article 311 of the Constitution, and where he is not exonerated on merits, the Government servant shall, subject to the provisions of sub-rule (7) of Rule 1343 (FR 54), be paid such amount (not being the whole) of the pay and allowances to which he would have been entitled had he not been dismissed, removed or compulsorily retired , or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine, after giving notice to the railway servant of the quantum proposed and after considering the representation, if any, submitted by him, in that connection within such period (which in no case shall exceed sixty days from the date on which the notice has been served) as may be specified in the notice.
(Authority:- Railway Board's letter No. F(E)III/91/PN-1/44 dated13.04.92)
(ii) The period intervening between the date of
dismissal, removal or compulsory retirement including the period of suspension
preceding such dismissal, removal or compulsory retirement, as the case may be,
and the date of judgment of the court shall be regularized in accordance with
the provisions contained in sub-rule (5) of rule 1343. (3) If the dismissal, removal or compulsory
retirement of a railway servant is set aside by court on the merits of the
case, the period intervening between the date of dismissal, removal or
compulsory retirement including the period of suspension preceding, such
dismissal, removal or compulsory retirement, as the case may be, and the date
of reinstatement shall be treated as duty for all purposes and he shall be paid
the full pay and allowances for the period, to which he would have been
entitled, had he not been dismissed, removed or compulsory retired or suspended
prior to such dismissal, removal or compulsory retirement, as the case may be. (4) The payment of allowances under sub-rule (2) or
sub-rule (3) shall be subject to all other conditions under which such
allowances are admissible.
1345.
(1) When a railway servant who has been
suspended is reinstated (or would have been so reinstated but for his
retirement (including premature retirement) while under suspension,) the
authority competent to order reinstatement shall consider and make a specific
order— (a) regarding the pay and allowances to be paid to the railway servant for
the period of suspension ending with reinstatement or[the date of his
retirement (including premature retirement), ]as the case may be; and (b)
Whether or not the said period shall be treated as a period spent on
duty. (2) Notwithstanding anything contained in Rule 1343
where a railway servant under suspension dies before the disciplinary or the
court proceeding instituted against him are concluded, the period between the
date of suspension and the date of death shall be treated as duty for all
purposes and his family shall be paid the full pay and allowances for that
period to which he would have been entitled had he not been suspended, subject
to adjustment in respect of subsistence allowance already paid. (3) Where the authority competent to order
reinstatement is of the opinion that the suspension was wholly unjustified, the
railway servant shall, subject to the provisions of sub-rule (8) be paid the
full pay and allowances to which he would have been entitled, had he not been
suspended: Provided that where such
authority is of the opinion that the termination of the proceedings instituted
against the railway servant had been delayed due to reasons directly attributable
to the Government servant, it may, after giving him an opportunity to make his
representation within sixty days from the date on which the communication in
this regard is served on him and after considering the representation, if any,
submitted by him, direct, for reasons to be recorded in writing, that the
railway servant shall be paid for the period of such delay only such amount
(not being the whole) of such pay and allowances as it may determine. (4) In a case falling under sub-rule (3) the period
of suspension shall be treated as a period spent on duty for all purposes. (5) In cases other than those falling under
sub-rules (2) and (3) the railway servant shall, subject to the provisions of
sub-rules (8) and (9) be paid such amount (not being the whole) of the pay and
allowances to which he would have been entitled had he not been suspended, as
the competent authority may determine, after giving notice to the railway
savant of the quantum proposed and after considering the representation, if
any, submitted by him in that connection within such period (which in no case
shall exceed sixty days from the date on which the notice has been served) as
may be specified in the notice. (6) Where suspension is revoked pending finalisation
of the disciplinary or the court proceedings, any order passed under sub-rule
(1) before the conclusion of the proceedings against the railway servant, shall
be reviewed on its own motion after the conclusion of the proceedings by the
authority mentioned in sub-rule (1) who shall make an order according to the
provisions of sub-rule (3) or sub-rule (5),as the case may be. (7) In a case falling under sub-rule (5), the period
of suspension shall not be treated as a period spent on duty unless the
competent authority specifically directs that it shall be so treated for any
specified purpose: Provided that if the railway servant so desires, such
authority may order that the period of suspension shall be converted into leave
of any kind due and admissible to the Government servant. NOTE: - The order of the competent
authority under the preceding proviso shall be absolute and no higher sanction
shall be necessary for the grant of – (b) leave of any kind in excess of
five years in the case of permanent or
quasi-permanent railway servant. (8) The payment of allowances under sub-rule (2),
sub-rule (3) or sub-rule (5) shall be subject to all other conditions under
which such allowances are admissible. (9) The amount determined under the proviso to
sub-rule (3) or under sub-rule(5) shall not be less than the subsistence
allowance and other allowances admissible under Rule 1342. Government of (1)
F.R. 54
absolute.--A Government servant was dismissed
from service on the 8th March, 1927, and, on appeal, was reinstated
with effect from the 27th October, 1927. The appellate authority declared, under F.R.
54, that the period of unemployment between the dates of dismissal and
reinstatement should be treated as spent on duty and allowed to count for leave
and increments. As there was no post
against which the lien of the Government servant could be shown for the period
of dismissal, the question arose whether in the absence of lie on a permanent
post the period of unemployment could count for leave or increments. It was decided that F.R. 54 is absolute and
unconditional and that it could not be absolute if the condition of “lien” had
first to be satisfied.
(G.I.,
F.D. No. F/28-R.I/28 dated (2)
When
suspension regularized as leave consequential recovery inescapable.--A question having arisen whether in case where
the period of suspension is ordered to be treated as one spent on leave and
when on conversion it is found that the greater part of the period is to be
treated as extraordinary leave for which no leave salary is admissible, the
recovery of the subsistence allowance already paid would be in order. The
moment the period of suspension is converted into leave it has the effect of
vacating the order of suspension and it will be deemed not to have been passed
at all. Therefore, if it is found that the total amount of subsistence and compensatory
allowances that an officer received during the period of suspension exceeds the
amount of leave salary and allowances, the excess will have to be refunded and
there is no escape from this conclusion.
(G.I.,
M.F.,U.O., No.3409-E.IV/53, dated the 25th April, 1953, U.O. No.
320-E.IV/54 dated the 22nd February, 1954 to the Communications
Division and M.F., (C’s) U.O.No. 1681-C.II/54 dated the 2nd March,
1954.) (3)
Treatment
of period of absence and payment thereof.--The Government of India have conveyed the
following clarifications in regard to certain points which have been raised in
connection with the application of F.R. 54, 54-A and 54-B. (1)
The decision of the competent authority under F.R. 54, 54-A and 54-B is
in respect of two separate and independent matters, viz., (a) pay and
allowances for the period of absence, and (b) whether or not the period of
absence should be treated as duty. It is
not necessary that the decision on (a) above should depend upon the decision on
(b) above. The competent authority has
the discretion to pay the proportionate pay and allowances and treat the period
as duty for any specified purpose(s) or only to pay the proportionate pay and
allowances. It has no discretion to pay
full pay and allowances when the period is treated as “non-duty”. If no order is passed directing that the
period of absence be treated as duty for any specified purpose the period of
absence should be treated as ‘non-duty’. In such event, the past service (i.e.)
service rendered before dismissal, removal, compulsory retirement or suspension
will not be forfeited.
(2)
As Fundamental Rule 54 is absolute the law of limitation need not be
invoked at the time of paying the arrears of pay and allowances for the period
from the date of dismissal/removal/compulsory retirement/suspension to the date
of reinstatement in respect of all cases where the pay and allowances are
regulated on reinstatement in accordance with the provisions contained in F.R.
54, F.R. 54-A and F.R. 54-B with the exception of those covered under sub-rule
(4) of F.R.54 and sub-rule (2) (i) of F.R. 54-A.
(G.I., O.M. No. 15(14)E.IV (59), dated the 25th May,1962 and
the 9th August, 1962 read
with provisions of F.R. 54, 54-A and 54-B.) (4)
Regulation
of pay on reinstatement on grounds of equity or court judgment, etc.–1. The following questions in connection with the
reinstatement of dismissed/removed/discharged Government servants or the
Government servants whose service had been terminated, came up for
consideration:
(1)
Whether
before the Government of India decide to reinstate an individual on grounds of
equity, concurrence of the Ministry of finance should be obtained for payment
of pay and allowances for the intervening period; or whether the administrative
authorities, could themselves, after following the prescribed procedure, e.g.
consultation with the Union Public Service Commission etc., reinstate the
person and sanction payment of pay and allowances under F.R.54.
(2) Whether in
cases of reinstatement on the ground of dismissal /removal/ discharge from or
termination of service being held by a court of law or by an
appellate/reviewing authority to have been made without following the procedure
required under Article 311 of the Constitution, payment of full pay and
allowances for the intervening period is automatic and compulsory. 2.As regards question (1) above, it has been decided
that the concurrence of the Ministry of Finance will not be necessary for
reinstating a Government servant if the authority, which reinstates the
Government servant, is competent to appoint him. The question as to what pay and allowances
should be allowed for the intervening period and whether or not the period
should be treated as duty, will be deal with under F.R. 54. 3. Regarding question (2) stated in para 1 above, it
has been decided that F.R. 54 is inapplicable in cases where
dismissal/removal/discharge from or termination of service is held by a court
or law or by an appellate/reviewing authority to have been without following the
procedure required under Article 311 of the Constitution. In such cases--
(i) if
it is decided to hold a further inquiry and thus deem the Government servant to
have been placed under suspension from the date of
dismissal/removal/discharge/termination under Rule 12 (3) or 12 (4) of Central
Civil Services (Classification, Control and Appeal) Rules, 1957 or a corresponding rule, the
Government servant will be paid the
subsistence allowance from the date he is deemed to have placed under
suspension; (ii) if
the Government servant is not “deemed” to have been under suspension as envisaged under (i) above, the
payment of full pay and allowances for the intervening period and treatment of
that period as duty for all purposes will be automatic and compulsory, provided
that- (a) the arrears should be paid subject to law of
limitation; (b) Where
the reinstated Government servant has secured employment during any between the
dismissal/removal/discharge/termination and reinstatement, the pay and allowances
admissible to him after reinstatement for the intervening period shall be
reduced by the emoluments earned by him during such employment if such pay and
allowances exceed such emoluments. If the pay and allowances admissible to him
are equal to or less than the emoluments earned by him nothing shall be paid to
him: provided that the amount to be paid under (i) and (ii) above will be
determined subject to the directions, if any, in the decree of the court
regarding arrears of salary. 4. As the
termination of service of a Government servant without following the procedure
laid down in the Central Civil Service (Classification, Control and Appeal)
Rules, the Central Civil Services (Temporary service) Rules, the C.S.R. or the
terms of his appointment, etc., results in the payment of arrears by way of pay
and allowances, the need for meticulously observing the “proper procedure” in
such cases is once again impressed on all concerned. 5. In all cases where the circumstances leading to a
Government servant’s reinstatement reveal that the authority which terminated
his services, either willfully, did not observe, or through gross negligence
failed to observe the ‘proper procedure’ as explained above, before terminating
his service, proceedings should be instituted against such authority under Rule
16 of the Central Civil Services (Classification, Control and Appeal) Rules,
and the question of recovering from such authority the whole or part of the
pecuniary loss arising from the reinstatement of the Government servant should
be considered. (G.I., M.H.A., O.M. No. F.2/9/59-Ests. (A) dated
5.Suspension treated as “dies-non” not reckoned as
service:-- It has been decided in consultation with the Comptroller and
Auditor-General that the period of suspension of a Government servant, which is
treated as “dies-non, should not be reckoned as ‘service’ for the purpose of
any of these rules.
(G.I., M.F., Endorsement No. F.7 (41)-Est. IV/53
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