IREC Rule No.918: Breaks And Deficiencies In Service
918. Breaks And Deficiencies In Service:-
(1) A break in the service of a subscriber shall, unless condoned under the provisions of this rule, entail forfeiture of his service before the break for the purpose of calculating the special contribution admissible under Rule 915;
Provided that-
(i) Interval between relinquishing appointment on one railway and joining another shall not constitute a break, if the conditions laid down in Rule 918 have been observed, and:
(ii) Participation in a strike, other than a strike declared to be illegal under any law, does not constitute a break in service for the purpose of this rule.
(2) The President may condone any break or deficiency in the service of a subscriber for the purpose of these rules.
(3) In the case of a Group ‘A’ Group ‘B’ railway servant, the Railway Board, and in the case of a Group ‘C’ or Group ‘D’ railway servant, the controlling officer or when the break does not exceed twelve months in all, a head of a department or a Divisional Railway Manager may condone break in service, the period being treated as dies non;
Provided that –
(i) The break was not due to dismissal or to participation in a strike declared to be illegal under any law for the time being in force,
(ii) The break was due to resignation by the subscriber in circumstances beyond his control, or
(iii) When the break was between one period of temporary service and another or between temporary service and permanent service, the total service, permanent and temporary, rendered or likely to be rendered up to the date of superannuation, by the subscriber is not less than thirty years;
Save that the conditions mentioned in clauses (ii) and (iii) of the proviso to sub-rule (3) may, in special cases, be relaxed by the Railway Board or in respect of a Group ‘C’ or Group ‘D’ subscriber by the controlling officer.
Railway Ministry’s Orders: The phrases ‘beyond his control’ appearing in clause (ii) of the proviso to sub-rule (3) should not be taken to cover cases where the break is attributable to a railway servant’s previous resignation the circumstances of which indicate that its object was to secure payment of his provident fund money .
[Authority:No.8786-F, 21.03.1941]