A complete reference blog for Indian Government Employees

Friday, 16 August 2019

NPS payment for GDS employees in Premature exit will be settled within 3 months - Department Of Posts


NPS payment for GDS employees in Premature exit will be settled within 3 months - Department Of Posts

No.17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)

Dak Bhawan, Sansad Marg,
New Delhi – 110001
Dated : 16.08.2019

Office Memorandum

Subject : Implementation of recommendation of Kamlesh Chandra Committee in case of premature exit from GDS post.

I am directed to say that Kamlesh Chandra Committee recommended vide para 18.48.5 that, in case of premature exit from GDS post, the sanction for payment or transfer of due amount to NPS as the case may should be issued by the competent authority within 3 months from the date of relief from the GDS post.

2. The matter has been examined and following orders are issued:-

(a) All DDOs/DA(P)s should ensure to take up the case with NSDL for payment of due amount to NPS Lite well in advance along with all required/supporting documents and claim forms.

(b) All DDOs/DA(P)s must ensure that GDS is fulfilling all the terms and conditions applicable for grant of due amount to NPS Lite at the time of processing of claims for premature exit withdrawal.

(c) All DDOs/DA(P)s will ensure that in case of premature exit from GDS post by a GDS, the sanction for payment or transfer of due amount to NPS Lite, as the case may be, is issued by the competent authority within 3 months from the date of discharge from the GDS post.

(d) In no case should payment of due amount to NPS Lite be delayed beyond 3 months from the date of discharge from the GDS post.

3. The above instruction will come into effect from the date of issue of this O.M.

4. Hindi version will follow.

(SB Vyavahare)
Assistant Director General (GDS/PCC)
Tele No. 011-23096629
Email-adggds@indiapost.gov.in
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Defence Employees Strike from 20 August to 19 September 2019


Defence Employees Strike from 20 August to 19 September 2019

Contd. Annexure-I
Annexure-I

UNANIMOUS VIEWS EXPRESSED BY AIDEF,
INDWF, BPMS & CDRA IN THE MEETING HELD
WITH ADDITIONAL SECRETARY /DP ON 14-8-2019.

1. The entire workforce of the Ordnance Factories are totally demoralized and there is a total discontentment prevailing in all the Factories due to the sudden decision taken by the Government to corporatize Ordnance Factories. The of Ordnance Factories have to work in a peaceful atmosphere with lot of motivation and vigil since they are involved in highly hazardous and risky operations in manufacturing Defence equipments. Due to the decision taken by the Government the 82.000 employees and their family members are in deep distress. The employees working in the hazardous condition should be allowed to work with full motivation and peace of mind.

Already more than 25 factories including OEF Group, Small Anus group, VFJ are struggling for workload since 275 items manufactured in these factories are declared as Non-Core and outsourced.

3. The present decision of the Government to corporatize the Ordnance Factories is in violation of all the previous agreements and assurances. In this regard the following assurances were given in the past by the Ministry of Defence.

(i) Defence Secretary’s written assurance on 19-4-2002, through the minutes of the meeting held with the Federations, post Nair Committee’s recommendation on corporatization.

(ii) The then honourable RM late Shri. George Fenumdes’s written assurance through the minutes of the meeting held on 22/04/2002 with the Federations to discuss post Nair Committee’s recommendation on corporatization.

(iii) The then RM, Shri. Pranab Mukherjee’s written assurance through the minutes of the meeting held on 18-9-2006 with the Federations to discuss Kelkar Committee’s report.

(iv) Secretary (DP)’s written assurance through the minutes of the meeting held on 31-8-2006 with the Federations.

(v) The then RM, Shri. A.K. Antony’s written assurance through the minutes of the meeting held with the Federations on 26-6-2007.

(vi) The then RM Slui. ManoharParikar’s written assurance dated 15-4-2015, in reply to the AIDEF representation dated 7-2-2015.

(vii) In reply to an untanned question no. 833, raised by MP, Slui. Tapan Kumar Sen, the then Hon’ble RM, on 3-3-2015, informed RajyaSablia that there is no proposal to corporatize the OFB and also informed that such an assurance was given to the Federation in the past.

4. The entire workforce including Officers are against the decision of the Government to convert the Ordnance Factories in to a corporation due to the following reasons which has been communicated to the Honourable Defence Minister vide joint letter dated 26-7-2019

(i) For the past 218 years the Ordnance Factories have been kept as a Departmental Organization due to the reason that considering the special nature of Defence Industry like volatility, non uniform demand from Armed Forces and Pam Military Forces, uneconomic quantities to be produced to meet strategic needs etc. which a public sector / corporation will not be able to manage and sustain.

(ii) OFB are the forth force of the Defence of our Country and to be treated as “War Reserve” at par with the Armed Forces to maintain idle capacities to take care of surge demand is emergent war situation. This “war reserve” only came to the country’s rescue during Kargil crisis.

(iii) In a purely commercial tenn, maintaining idle capacity would be detrimental to the business interest of the Corporation/ PSU. Therefore, Ordnance Factories should continue as a Departmental Organization.

(iv) Converting the Ordnance Factories into a PSU / Corporation is not a commercially viable option due to :

(a) fluctuations in orders.
(b) Orders after Long Gap
(c) Uneconomical Order Quantity.
(d) Life Cycle support required for 30-40 Years after introduction of equipment.

(v) Risk to national security in case of growth of private players in the event of possible failure of the proposed OFB Corporation resulting in disinvestment. closure etc.

(vi) The so called private vendors are not able to supply even raw materials, spares and components in time to the Ordnance Factories, which affects the timely manufacturing of the allotted workload. Therefore, their ability to supply to the Armed Forces after the Ordnance Factories Corporation becomes sick due to withdrawal of placement of indent through nomination system.

(vii) The experience of BSNL even through it is a revenue earning service PSU which is struggling even to disburse the monthly salaries to their own employees, what will be the fate of the Ordnance Factories which totally depends on the orders from the Armed Forces and the Government. The present crisis being faced by DPSU, HAL is another living example.

(viii) Market principles cannot be applied in the case of Ordnance Factories since the Defence Industry represents a genuine domain based on Government Orders as to what to produce, what resource to use, what price to charge and even to whom to sell and to whom not to sell.

(ix) Interference and expectations from Political / Bureaucracy would increase.

(x) The experience for the past two decades is corporatization / PSU is a route to privatization against the service conditions of the employees who are basically recruited as Central Government Employees / Defence Civilian Employees through All India Competitive/Selection process etc.

(xi) More than 44 thousand employees are in the age group of 25 to 50 yrs., with lot of Family, social and financial commitments. Their future will become uncertain and will be completely mined.

The Federations andCDRA finally concluded the following:

1. The decision taken to corporatize the Ordnance Factories should be withdrawn and OFB should be allowed to continue as a Government organization in the present structure with more empowerment, delegation of more financial powers, total integration of finance and accounts functioning both at OFB and Factory Levelso that it will continue to remain as a “War Reserve” playing its established role.

2. The statement given in the Cabinet note prepared for Corporatization of OFB is to augment the OFB target to Rs.30,000 Crore during 2024-25. The same target may be given to the Ordnance Factories in the present setup and the workforce will ensure that the above target is reached if Government extends all support including salary budget and indent for all the items including those items declared as Non-Core from Armed forces especially Army.

3. It is also proposed that in case DDP has identified certain Experts who can turn around OFB production to Rs. 30,000 crore by 2024-2025, once it become a corporation, then such experts may be posted to OFB in the present structure itself as a Government Organization so that he / they can guide / assist OFB to achieve the above target

4. The Army should place at least 3 years indent in advance for all the items since delay in indent is the main cause for delay in supply since procurement of raw material and other components gets delayed as these are not readily available in the market. Sufficient time may be provided for material procurement.

5. After the above mentioned 4 policy decisions Government may closely monitor the performance of Ordnance Factories up to 2024 -25 and there after a review can take place. The Federations and tDRA assures that they will take all efforts to motivate the workforce and achieve the above task.

6. The assurance given by the Secretary (DP) in the meeting held with the Federations and CDRA on 17-12-2018, 11-1-2019 and subsequent meeting of the National Council ICM that steps are being taken to implement the proposal of the Staff side for separate allotment of Salary expenditure and to delink the same and various overheads from the cost of the products is under active consideration of the Government and a decision would be taken soon. Once this decision is taken then the Army would come forward to place indent on almost all the items to the Ordnance Factories.

7. In ease the Government is not considering their demand favourably then the Federation.si Workforce are left with no other option than to pieced with the one month strike commencing hum 20-8-2019 to 19-9-2019 as a first phase of our Trade Union action.

8. They further requested that the above view of theirs may be brought to the notice of the Honourable RM and they are confident that a favourable decision would be taken by the Government in the interest of the Ordnance Factories its employee and their families.

Source: Confederation

AIDEF
Shri S.N. Pathak, President

Shri C. Srikumar, General Secretary

INDWF
Shri Ashok Singh. President

Shri R. Srinivasan, General Secretary.

BPMS

Shri Sadhu Singh, Vice presdient

CDRA

Shri B.K Singh, President.
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Increment Issue: for those retired on 30th June, due increment is 1st July. Supreme Court of India dismissed Review petition No.1731/2019


Increment Issue: for those retired on 30th June, due increment is 1st July. Supreme Court of India dismissed Review petition No.1731/2019

Text of the Supreme court judgement follows:

IN THE SUPREME COURT OF INDIA
INHERENT JURISDICTION

R.P.(C) No. 1731/2019 in S.L.P. (C) No.22008/2018

UNION OF INDIA & ORS.
Petitioner(s)
VERSUS
P. AYYAMPERUMAL
Respondent(s)

O R D E R

Delay in filing the Review Petition is condoned.

This review petition has been filed against Order dated 23rd July, 2018 whereby the Special Leave Petition was dismissed.

We have considered the review petition on merits. In our opinion, no case for review of Order dated 23rd July, 2018 is made out. Consequently, the review petition is dismissed on merits.

Pending application filed in the matter also stands disposed of.

(N.V. RAMANA)

(DEEPAK GUPTA)

NEW DELHI;
8TH AUGUST, 2019.
Digitally signed by
VISHAL ANAND
Date: 2019.08.09
16:55:01 IST
ITEM NO.1004
SECTION XII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

R.P.(C) No. 1731/2019 in SLP(C) No. 22008/2018

UNION OF INDIA & ORS.
Petitioner(s)
VERSUS

P. AYYAMPERUMAL
Respondent(s)

(FOR ADMISSION and IA No.98411/2019-STAY APPLICATION and IA No.98414/2019-CONDONATION OF DELAY IN FILING REVIEW PETITION )

Date : 08082019 This petition was circulated today.

CORAM :
HON’BLE MR. JUSTICE N.V. RAMANA
HON’BLE MR. JUSTICE DEEPAK GUPTA

By Circulation
UPON perusing papers the Court made the following

O R D E R

Delay in filing the Review Petition is condoned.

The review petition is dismissed on merits in terms of the signed order.
Pending application filed in the matter also stands disposed of.

(VISHAL ANAND)
COURT MASTER (SH)
(RAJ RANI NEGI)
ASSISTANT REGISTRAR

(Signed Order is placed on the file)

Message by JVSR Krishna – 9441903448 (jvsrkrishna@gmail.com)
Flash….Flash….Flash…..Flash,

Increment Issue: for those retired on 30th June, due increment is 1st July. Supreme Court of India dismissed Review petition No.1731/2019 judgement dt.8th Aug. 2019 filed by the Government, indicated based on the merit, review petition submitted by Government was dismissed. Now, the national forums responsibility is to insist the government to implement the same to all the central government servants who are similarly placed, instead of everybody approaching the court of law for justice and it is shear waste of money and time.

Source: SUPREME COURT ORDER
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Wednesday, 14 August 2019

Central Government Employees Group Insurance Scheme 1980 – Tables of Benefits for the savings fund for the period from 01.07.2019 to 30.09.2019

Central Government Employees Group Insurance Scheme 1980 – Tables of Benefits for the savings fund for the period from 01.07.2019 to 30.09.2019

No. 7(2) / EV / 2016
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, the 13th August, 2019

OFFICE MEMORANDUM

Sub: Central Government Employees Group Insurance Scheme 1980 – Tables of Benefits for the savings fund for the period from 01.07.2019 to 30.09.2019.

The Tables of Benefits for Savings Fund to the beneficiaries under the Central Government Employees Group Insurance Scheme-1980, which are being issued on a quarterly basis from 01.01.2017 onwards, as brought out in this Ministry’s OM of even number dated 17.03.2017, for the quarter from 01 .07.2019 to 30.09.2019, as worked out by IRDA based on the interest rate of 7.9% per annum (compounded quarterly) as notified by the Department of Economic Affairs as per their Resolution No. 5(2)-B(PD)/ 2019 dated 12.07.2019, are enclosed.

2. The Tables enclosed are of two categories as per the existing practice. As hitherto, the first Table of Benefits for the savings fund of the scheme is based on the subscription of Rs.10 p.m. from 1.1.1982 to 31.12.1989 and RS.15 p.m. w.e.f. 1.1.1990 onwards. The second Table of Benefits for savings fund is based on a subscription of Rs.10 p.m. for those employees who had opted out of the revised rate of subscription w.e.f. 1.1.1990.

3. While these orders are in respect of Table of Benefits for the period from 01 .07.2019 to 30.09.2019, the Tables already issued for the first quarter and second quarter i.e. for the period 01 .01.2019 to 30.06.2019 are also reproduced for the sake of convenience and consolidation.

4. In their application to the employees of Indian Audit and Accounts Department, these orders are issued after consultation with the Comptroller & Auditor General of India.

5. Hindi version of these orders is attached.

(Amar Nath Singh)
Director

To

  1.     All Ministries/ Department of the Central Government as per standard list.
  2.     Copy with spare copies for information and necessary action to C&AG, UPSC, all State  Government etc. as per standard list.
Source: DoE



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Tuesday, 13 August 2019

MoD: Modernisation of Armed Forces top priority, says Raksha Mantri Shri Rajnath Singh

MoD: Modernisation of Armed Forces top priority, says Raksha Mantri Shri Rajnath Singh

PRESS INFORMATION BUREAU (DEFENCE WING)
GOVERNMENT OF INDIA

Modernisation of Armed Forces top priority, says Raksha Mantri Shri Rajnath Singh;
Attends Golden Jubilee event of BDL in Hyderabad

New Delhi: Sharavana 12, 1941
Saturday, August 3, 2019

Raksha Mantri Shri Rajnath Singh said modernisation of the Armed forces is the top priority of the government to enhance the defence capability and preparedness of the country. He visited Bharat Dynamics Limited (BDL) in Hyderabad on August 3, 2019 on the occasion of Golden Jubilee celebrations of the Defence PSU.

Addressing the gathering on the occasion, Shri Rajnath Singh said Indigenization will be encouraged to the maximum possible extent and defence equipment will be imported only when it cannot be manufactured indigenously. He added that the defence sector will play a key role in making the country a 5-trillion economy through FDI and offset investments in manufacturing. He hoped that defence exports will reach to a significant level by 2025.

Shri Rajnath Singh said BDL is an important defence organisation and with organizations like DRDO, ISRO, BDL has enhanced the prestige of the country through its achievements. Shri Rajnath Singh appreciated BDL for manufacturing more than one lakh missiles in the last 50 years.

Shri Rajnath Singh said in the new world many countries have developed counter to missile technology by developing Air Defence Systems and gave a call for the development of Hypersonic Missiles technology to enhance defence capabilities of the Armed Forces. He reiterated that defence policy of the country is for peace and stability at regional, continental and global level.

He unveiled a statue of former President and Bharat Ratna Dr A P J Abdul Kalam to commemorate his legendary vision. The brainchild of Dr Kalam, Integrated Guided Missile Development (IGMD) Programme that was launched during late 80s, gave BDL plenty of opportunities to develop its skilled manpower and invest in high-end technology areas to manufacture the missiles contemplated under this Programme. The Raksha Mantri also visited the state-of-the-art production facilities at Kanchanbagh Unit of the Company. He also released a commemorative stamp on BDL on the occasion.

Raksha Mantri Shri Rajnath Singh handed over Medium Range Surface-to-AirMissile (MR SAM) to Indian Air Force in the function. Vice Chief of Air Staff Air Marshal R K S Bhadauria received MR SAM on behalf of the IAF.

Raksha Mantri felicitated ‘Veer Naris’ from the State of Telangana and Andhra Pradesh as a part of Corporate Social Responsibility initiative of the BDL. Shri Rajnath Singh interacteded with 22 Veer Naris who were invited to BDL on this occasion.

Raksha Mantri also inaugurated the Rain Water Harvesting facility named as ‘Jal Nidhi’ at the upcoming Unit of BDL at Ibrahimpatnam as a part of Jal Shakti Abhiyan of the Government of India. This is expected to help in meeting storage of 24 Lakh litre of water and increasing the level of underground water levels.

A five MW Solar power plant was also inaugurated by Shri Rajnath Singh at BDL, Ibrahimpatnam, which demonstrates commitment of DPSU towards environment protection.

Earlier, Raksha Mantri was given a warm welcome by Chairman-cum-Managing Director of BDL Commodore Siddharth Mishra (Retd) at its premises at Kanchanbagh. Secretary, Department of Defence Research & Development and Chairman, DRDO Dr G Satheesh Reddy was present of the occasion.

Source: MoD
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Monday, 12 August 2019

Central Government approves extension of benefits of Child Care Leave to single male civilian employees

CCL

Central Government approves extension of benefits of Child Care Leave to single male civilian employees

Raksha Mantri Shri Rajnath Singh has approved extension of benefits of Child Care Leave (CCL) to single male service personnel and certain relaxations of CCL provisions in case of woman officers of defence forces, in line with a recent DoPT order extending similar benefits of CCL to civilian employees.

Presently, CCL is being granted to woman officers in defence forces. Recently, DoPT has made certain amendments for grant of CCL to civilian employees, whereby the CCL granted to woman employees till now has been extended to single male government servants also. The age limit of 22 years prescribed earlier in the case of a child with 40 percent disability has been removed for the purpose of availing CCL. Further, the minimum period of CCL that can be availed at a time has been reduced to 05 days instead of 15 days.

Now the proposal of Ministry of Defence extending similar benefits to Defence personnel has been approved by Raksha Mantri Shri Rajnath Singh. With this, single male service personnel will be able to avail the benefit of CCL. Single male service personnel and woman officers of defence forces will also be able to avail CCL in respect of child with 40 percent disability without any restriction of age limit of the child. Further, the minimum period of CCL that can be availed in each spell has been reduced to 05 days from the earlier limit of 15 days.

PIB
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Premature Retirement of Railway Servants: Periodic review Salient Points – Railways

Premature Retirement of Railway Servants: Periodic review Salient Points – Railways

भारत सरकार/GOVERNMENT OF INDIA
रेल मंत्रालय/MINISTRY OF RAILWAYS
(रेलवे बोर्ड/RAILWAY BOARD)

RBE No.- 130/2019
No. E(P&A)I-2019/RT-21
New Delhi Dated: 08.08.2019

The General Managers, All Indian Railways/PUs.
The DGs
RDSO & NAIR
The Directors,
IRICEN/IRIEEN/ IRIMEE /IRITM

(Attn: PCPOs)

Sub: Reiteration of salient points regarding strengthening of administration by periodic review under Rule 1802(a)/ 1803(a)/ 1804(a) – R.11,1987 Edition.

Ministry of Railways has issued instructions from time to time regarding improving of efficiency and strengthening of administrative machinery at all levels by the Govt. by exercising of its powers under Rule l802(a)/ 1803(a)/ 1804(a) – R.Il, 1987 read with Rule 66(b) of RSPR, 1993 to reti re a Railway servant in public interest before the normal date of his retirement subject to fulfillment of conditions laid down in the instructions. The salient points of the various instructions on the subject have been consolidated with a view to improving clarity and understanding and are enclosed for reference. This summary, however, must be read with all the relevant instructions on the subject.

Kindly acknowledge receipt. Hindi version will follow.

DA: As above.

(N.P. Singh)
Jt. Director/Estt.( &A)
Railway Board

Premature Retirement of Railway Servants: Periodic review Salient Points

With a view to improving efficiency and strengthening administrative machinery at all levels, Government has the absolute power under Rule 1802(a), I 803(a), 1804(a) of IREC Vol-II 1987 and Rule 66(b) of RSPR 1993 to retire a Railway employee in public interest, before his normal date of retirement, on attaining a specified age or on completing a specific length of service on the grounds of (i) inefficiency/ ineffectiveness, or (ii) doubtful integrity, or (iii) for conduct unbecoming of a Railway Servant. Criteria and procedure have been laid down to ensure that power is exercised fairly and impartially and not arbitrarily.

2. Instructions in this regard have been circulated from time to time, both by Department of Personnel and Training (DoP&T) and the Ministry of Rail ways (Railway Board). The following codal provisions and instructions contain all the relevant instructions on the subject.

1) Railway Board ‘s instructions vide PC-68/RT/5 dated 08.09.1969;
2) Rail way Board ‘s instructions vide E(O)I-69 SR I 0/ 13 dated 12. 12.1969;
3) Consolidated instructions of RB issued vide letter No. E(P&A)I-77 /RT-53 dated 15.11.1979;
4) RB’s instructions v ide E(P&A)l-87/RT-4 dated 17.10.1989;
5) DoP&T’ s instructions vide OM No. 250 13/ 1/20 13-Estt(A) dated 21.03.2014;
6) DoP&T’ s instructions vide OM No. 250 1 3/ 1/20 13-Estt.A-I V dated 1 1.09.2015;
7) RB’s instructions vide (P&A)I-2015/RT/38 dated 10/12.11.2015;
8) Provisions under FR 56(j), 56(1) or Rule 48(1)(b) of CCS (Pension) Rules, 1972; Corresponding provisions in IREC, Vol.I I , 1987 – Rule I 802(a)/ l 803(a)/ l 804(a).

An attempt has been made to bring the main elements of these instructions together in one document. However, this is only to improve clarity and understanding. This summary has to be read with all relevant instructions already issued on the subject.

4. Criteria for review of Services:

a) Age and Service rendered:

1) Group A and B:After attaining 50 years (if entered service before age 35);
2) Group A and B: After attaining 55 years (if entered service after age 35);
3) Group C: After attaining 55 years of age;
4) Group C: After completion of 30 years of service, if not governed by any pension rules, under Rule I 804(a).
5) Group D: I n pensionable cases, can be done after completion of 30 years of pensionable service.
(Reference: Rule 2046 R.11 (old), Letter No. PC-68/RT/5- I dated 27.1 1.1976, E(P&A)- 76/RT/38 dated 24.07. 1976. Now I 803(a) of R-11, 2005 Edition)
6) Any employee, irrespective of age, can be retired prematurely by giving him three month’s notice after he has completed 30 years of qualifying service.
( Reference: E.48-CPC/208 dated 08.07.1 950 as amended vide F(E) ll I 69 PN -1/15 dated
27.08.1969 incorporated as para 620 of Manual of Railway Pension Rules, 1 950.)

b) Service Records:

The entire service records should be considered in every review. Based on the service records, a comprehensive brief is to be prepared for consideration of the ‘Review Committee’. ‘Service records’ would take into account the following:

1) ACR/APAR dossiers;
2) Personal file;
3) Work and performance of the officer to be assessed by looking into the files dealt with by hi m or i n any papers or reports prepared and submitted by him;
4) Un-communicated remarks in ACRs/A PARs may be taken into consideration;
5) If the officer was promoted during the last 5 years (on the basis of seniority-cum-fitness and not on the basis of merit), the previous entries in the ACRs may be taken into account.
( Reference: E(P&A) l-201 5/RT/38 dated 10/12.11.2015)

c) Ground of Ineffectiveness vis-a-vis Doubtful Integrity:

1) No employee should ordinarily be retired on grounds of ineffectiveness if his/ her service during the preceding 5 years or where he/she has been promoted to a higher post during that 5 year period, hi s/her service i n the highest post, has been found satisfactory.

2) There is no such stipulation if the employee is to be retired on grounds of doubtful integrity.

3) No employee should be ordinarily retired on ground of ineffectiveness, if in any event, he/she would be retiring on superannuation with in a period of one year from the date of consideration of his/her case. However, if there is a ‘sudden and steep fall in competence, efficiency or effectiveness of an officer’, it would be open to review his case for premature retirement. This condition is not relevant in cases of doubtful integrity.
(Reference: E(P&A)I-20 15/RT/38 dated 10/ 12.11.2015)

d) Integrity

1 ) Actions or decision taken by the employee which do not appear to be above board, complaints received against him or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, may be taken into account for prematurely retiring an employee.
(Reference: Observations of Supreme Court in S. Ramachandra Raju Vs. State of Orissa and K. Kandaswamy vs UoI, cited in E(P&A)l-201 5/RT/38 dated 10/12.1 1.2015)

2) CVO in the case of gazetted officers, or his representative in the case of non-gazetted officers, will be associated in case of record reflecting adverse) on the integrity of any employee.
(Ref: E(P&A)J-20 I 5/RT-38 dated 10/12.11.2015)

e) Conduct unbecoming of a Government Servant as basis for Compulsory Retirement:

If conduct of a government employee becomes unbecoming to the public interest or obstructs the efficiency in public services, the government has an absolute right to compulsorily retire such an employee in public interest.
(Reference: Observation of Supreme Court i n State of U P and others vs. Vijay Kumar Jain, appeal case, cited in E(P&A) I-20 1 5/RT/38 dated 10/12.11.2015.)

5. Procedure and Guidelines:

a) Cases of Railway Servants to be reviewed 6 months before attaining the age of 50155 years or on completion of 30 years of service/ 30 years of qualifying service, whichever occurs earlier.

b) No show-cause notice need be issued to any government servant before a notice of retirement is issued to him under these rules.

c) Internal Committees may be constituted to assist the Review Committees in reviewing the cases. The Committees would ensure that service records of the employee being reviewed, along with summary bringing out all relevant information, is submitted to the Cadre Authorities at least 3 months in advance before the due date of review.

d) Composition of the Review Committee will be as under:

(i) For ACC Appointees and non-ACC Appointees (i.e., all Group A Gazetted officers including those of RBSS, RBSSS and Miscellaneous/ ex-cadres):

The Committee will be headed by CRB and would comprise of the functional Board Member of the department (to which the officer whose service is being reviewed) and Member Staff. In case, the officer belongs to Personnel Department or RBSS/RBSSS or IRMS, Member (Traction) would be the other Member.

PED/Vigilance (as CVO of the Ministry) i s to be associated i n the said review.

Internal Committee to assist the Review Committee will be headed by Secretary, Railway Board and would comprise JS(Confidential ) and JS (Establishment). ED/Vigilance (or Di rector/Vigilance in case of no ED is available) shall be associated.

(ii) For Group B officers in Railway Board (RBSS/RBSSS/ Miscellaneous/ex-cadres):

a) AM(Staft) as Head of Review Committee;
b) JS(G) and JS(E) as members of Review Committee; DV(Intelligence) is to be associated in the said review.

Internal Committee to assist the Review Committee would be headed by EDE(GC) and would comprise Director (GA) and DS(E). J D/Vigi lance (Confidential) shall be associated.

(iii) For non-Gazetted officials of Railway Board including those of RBSS, RBSSS and Miscellaneous/ ex-cadres:

a) JS as Head of Review Committee;
b) EDE(N) and JS(D) as members of Review Committee; DY(intelligence) is to be associated in the said review.

Internal Committee to assist the Review Committee to comprise Dir (A) and Director (GA). J D/Vigilance (Confidential) shall be associated.

(iv) For Group B officers/ officials in Railways:

The Committee wi ll be headed by the General Manager of the Rail way and would comprise PCPO and PHOD (of the department to which the officer belongs}. In case of an officer from Personnel department, another PHOD in addition to the PCPO would be nominated by the General Manager.

SDGM of the Rail way is to be associated in the said review.

Internal Committee to assist the Review Committee to be headed by AGM of the Railway. Composition of the Committee may be decided by the General Manager of the Railway .

(v) For Group C officials of Railways: The following are the instruction s issued by Board. However, the General Managers, may make any modification which they deem fit in administrative interest. Composition of the Internal Com mittees may also be decided by the respective General Managers of the Railways. In respect of ROSO and NAIR, the respective DGs can constitute the Committees.

(i) At Head Quarter Level:

(a) For non-Personnel official :

PHOD or GM where he is appointi ng authority as Chairman, PCPO.

(b) For Personnel branch official:

PCPO to be Chairman. GM to nominate an SAG Officer to be member.
If GM is Chairman, he may nominate a PHOD as a member.
Additional PHOD may act as Chairman i f he is higher in rank than that of appointing authority.
SDGM/Dy GM who is i n charge of the Vigilance Department shall be associated as a Third Member of the Committee.

(ii) At Division Level:

(a) Other than Personnel Department:

    One JAG officer of the employee’s department;
    One JAG officer of another department;
    Sr DPO/DPO

Where ORM is the ‘appointing’ authority, Committee will consist of ADRM as Chairman, Sr DPO/SPO and another JAG officer as members

(b) Personnel Department:

    Sr DPO/DPO
    Two JAG officers of other Departments
    In case of ‘doubtful integrity, papers are to be transmitted to Headquarters for SDGM to record his views before final orders are passed by ‘appropriate authority’.

(iii) Workshop Level:

Review to be done at the Workshop level itself where the Workshop is headed by an SAG/SG/J AG officer. If workshop is headed by an officer of the rank of Sr Scale or below, the review of the Workshop staff would be done by the Headquarters.

Board have also decided that the Divisional , HQ or Workshop Review/ Representation Committee of the appropriate level should not be drawn from the same division/ workshop/HQs but from the adjacent division, railway establishment, zone, workshop, production uni t etc. as the case may be except for the departmental representative who will be of the appropriate JAG/Senior scale of the Division/Workshop/HQ etc. itself. In cases of doubtful integrity, since all records are available only with the SDGM/CVO of the Reviewing Organisation, he will continue to be associated with it.

(iv) Group A & B: Railway Board

For all Railway Servants i n Group A and B service/post and for Group C staff in Board ‘s office, Railway Recruitment Boards, NAIR and Centralised Training Institutes, review will be done in Board’s office. Following procedure is to be followed:

(i) List of Group A and B officers who come under review to be prepared sufficiently in advance, ensuring that there are no omissions.

(ii) The confidential reports/ files of officers whose confidential reports are not maintained in Board’s office and whose cases are to be reviewed should be brought up to date in all respects and sent to Secretary Railway Board along with the above list through a responsible member of the staff. Half yearly time table has been prescribed for the same. (This has been revised to quarterly vide DoP&T’s circular dated 21.03.2014 mentioned at para 2 above.) (Ref: E(O)I-69 SR 10/13 dated 12.12.1969)

f) Complete bio-data particulars of the employee who is to be reviewed should be circulated to the members of the Review/ Representation Committees as per the prescribed proforma (Annexure-I to this letter). Proforma is to be carefully and meticulously filled and should be free from all errors. Findings of Review/ Representation Committees/SDGMs in ‘doubtful integrity ‘ cases should be entered in the proforma itself.

g) Rule relating to premature retirement should not be used:

(i) To retire on ground of specific misconduct as a short-cut to initiating formal disciplinary proceed ings. (CAT/PB/New Delhi i n 0.A No. 1827/201 7, i n the matter of Sangeeta Rao vs. UOI vide order dated 18.09.2018, dismissed the plea of the government servant who was compulsorily retired under 56(J) for habitual late coming); or

(ii) For reduction of surplus staff on ground of effecting general economy without following rules of retrenchment.

h) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.

i) Even un-communicated entries in the confidential record can also be taken into consideration.

j) If the officer was given a promotion despite adverse entries made in the confidential record, that is a fact in favour of the officer. (Ref: ( Reference: E( P&A)l-2015/RT/38 dated 10/12.11.2015)

k) Once a decision has been taken by appropriate authority to retain an employee beyond the age of 50 years after review, he would ordinarily continue in service till he attains the age of retirement. If however, the appropriate authority considers at any time after review that retention would not be in public interest, that authority may take necessary action to retire as per the laid down procedure.

l) If the ‘appropriate authority ‘decides to differ with the recommendation of the Review Committee, he may remit the papers to the next higher authority for a final decision.

m) A notice longer than 3 months can be given, but the date from which he is required to retire as specified in the notice should not be before he attains the age of 50/55 years or before be completes 30 years of service.

n) While computing the notice period of ‘not less than 3 months’, the date of service of notice and the date of expiry shall be excluded. The date of premature retirement should be on the forenoon of the day (which should be treated as a non-working day) following the day of expiry of the notice.

o) If the Railway employee refuses to accept the notice or order of retirement, it should be ensured that the ‘refusal’ is witnessed by two gazetted officers. In such a case, the notice/order should be sent under registered post with AD. In such a case, the date of effect of notice of retirement/ order of retirement would be the forenoon of the date following the date of refusal.

6. Procedure for Consideration of Representation (Reference: E(P&A) l-77/RT-53 dated 15.11.1979 and E(P&A)I-2015/RT /38 dated I 0/ 12.11.2015):

a) A Railway employee, who has been served with a notice/order of premature retirement, may submit a representation within 3 weeks from the date of service or such notice/order.

b) On receipt of the representation, the administration would examine the same to see if it contains any new facts or any aspect not hitherto taken into consideration. Examination to be completed within 2 weeks from the date of receipt. Thereafter, it should be placed before the appropriate Committee for consideration.

c) Composition of the Representation Committee (Reference: E(P&A)l-87/RT/4 dated 17.10.1989):
Same as the Review Committee with the modification that it should include at least one member of the appropriate status who was not in the said Committee earlier.

d) Final order on representation against premature retirement: To be passed by the authority superior to the authority which issued order of premature retirement only after obtaining approval of the Ministry of Railways. Where, however, the order of premature retirement shall be issued by President, final orders on the representations shall be passed by the Minister-in-charge of the Ministry/ Department concerned.

(Railway Board’s decision: A decision on the recommendation of the Representation Committee, considering the appeal of the compulsorily retired employee may be taken by the Additional General Manger. Papers to be put up to GM only i n cases where the AG M differs from the findings of the Committee. If AGM/GM confirms the decision of the Representations Committee to retire the employee was correctly taken, papers i n original should be submitted to Board within the prescribed time schedule.) (Reference: E(P&A)l-87/RT/4 dated 17.10.1989)

e) The Representations Committee shall make its recommendation within two weeks from the date of receipt of reference from the administrative authorities concerned.

t) Authority which is empowered to make final orders on the representation should pass its orders within two weeks from the date of receipt of the recommendation of the Committee provided that approval of the Ministry of Railways would be necessary before passing final orders i n cases where the appropriate authority proposes to reject the representation/ appeal against the premature retirement.

g) If decided to reinstate, the intervening period would be treated as duty or as leave or as dies-non depending on the merits of each case. (If Review Representation Committee finds that premature retirement was on account of political or personal victimization , it would be ‘duty’ with full pay and allowances. In other cases, it would be leave or dies­ non, as the authority may decide).

h) In case the employee gets a stay order from court, representation is not to be considered by the administration , nor sent up to the Committee until disposal of the court case. Thereafter, the cases may be examined taking into account any material of substantive nature that may feature in court’s judgement.

i) As and when fresh representations are received against such rejection and also against premature retirement relating to period of emergency, these should be examined by appropriate ‘Representation’ Committees which shall take special care to see that over-rigorous standards were not applied or done out of over-zealousness or out of political or personal victimization at the time of the original review.

Time Schedule for Review (Reference: DoP&T’s OM 25013/1/2013-Estt(A) dated 21.03.2014:

(i) Suitable register(s) of employees under their control to be maintained by Railway Administrations who are due to attain the age of 50/55 years or would complete 30 years of service. Subordinate offices to be instructed to take similar action too.

(ii) Register should be scrutinized at the beginning of every quarter by a Senior Officer in the Administration and in Subordinate offices.

Schedule:

Sl No. Quarter in which review to be made Cases of employees who would be attaining the Age of 50/55 years or completing requisite service in the quarter


  1.     January to March July to September of the same year
  2.     April to June October to December of the same year
  3.     July to September January to March of the subsequent year
  4.     October to December April to June of the subsequent year
Source: Indian Railways
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