RBE No.139/1999: Irregular retention in service – over-stay
No.E(G)97 RT1-1, dated 07.07.1999
Sub: Irregular retention service beyond the age of superannuation – Treatment of excess period of stay.
Ref: Board’s letter of even number dated 12.10.1998.
1. The rules regulating the age of superannuation or the terms and conditions of service provides for retirement from service of a government servant on his attending the specified age or after completion of a specified period of service. In all such cases retirement is automatic and, in the absence of a specific orders to the contrary by the competent authority, a government servant must retire on the due date. However, there have been instances of certain Railway employees being erroneously retained in service beyond the prescribed date of retirement. Hitherto, the period of erroneous retention in service beyond the prescribed date of retirement used to be regularized as re-employment.
2. In the case of Radha Kishun vs. Union of India and Ors. In SLP (C) No.3721 of 1997 (arising out of OA No.652 of 1995 dated 26.11.1996 of CAT/Patna), the Hon’ble Supreme Court of India have ruled that the person continuing and service beyond the age of superannuation has no right to claim pay and allowances etc., as his continuous in service was not as per law. The Hon’ble Supreme Court has taken the view that the employee is equally responsible for his stay in office beyond his age of superannuation and hence no illegality would be involved if such a person is refused the benefit of pay and allowances etc. for the period of over-stay.
3. The matter has been considered in this Ministry in the light of the judgment of the Supreme Court and it has been decided that, in all cases of irregular continuance in service beyond the age of superannuation, the period of over-stay will be treated as wholly irregular, for which the employee will be considered to be equally responsible and immediate action will be taken to recover the pay, allowances etc. paid to the employee for the entire period of ovary-stay.
4. These orders will take effect from the date of issue and all the cases of erroneous retention which have not yet been decided will be decided in terms of these orders. The cases already decided otherwise need not be reopened.
5. Accordingly, in exercise of the powers conferred by the proviso to Article 309 of the Constitution the President is pleased to amend Rule 1801 of the Indian Railway Establishment Code, Vol-II (Sixth Edition 1987) as in the enclosed Advance Correction Slip No.44.
6. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
Advance Correction Slip No.44
Indian Railway Establishment Code, Vol-II
(1987 Edition)
In Rule 1801, R-II, 1987 Sub-rule (d) may be incorporated as under:-
“In absence of a specific orders to the contrary, every Railway servant shall demit service on the due date of superannuation. In case, for whatever reason other than specific orders to that effect, a Railway servant continues in service, beyond such due date, the period of over-stay shall be treated as irregular and the pay/ allowances etc. drawn during the said period shall be recovered.”
Download Railway Board Circular RBE No.139/1999
Forward reference⇒RBE No.25/2000