Master Circular No. 09: Irregular retention in service
RBE No.205/1990, No.E(G)90/RT2-10 (Master Circular), dated 14.11.1990
Sub: Irregular retention in service beyond the age of superannuation.
1. The instructions have been issued by the Ministry of Railways from time to time through various circulars/ letters on the subject of irregular retention in service of Railway servants who have attained the age of retirement. It has now been decided by the Board to issue a consolidated Master Circular as below, incorporating all the instructions issued earlier, for the information and guidance of all concerned.
2. Every Railway servant shall demit office on attaining the age of retirement. There should be no case where a Railway servant is allowed to remain in service beyond the date of his superannuation/ retirement, except those who have been specifically and specially granted extension of service by the competent authority in Public Interest.
3. Barring those who have been granted specific and special extension of service, continuance of others in service beyond their age of retirement is irregular. This irregularity could arise due to;
(i) Wrong entry of the date of birth of the Railway servant in the personal/ official records,
(ii) Non availability of relevant records; and
(iii) Injunction granted by the Court(s) of Law
4. To guard against the incidences of cases of irregular retention in service, it is necessary to ensure that the personal record of all Railway servants are maintained correctly and kept up to date. The officers/ supervisory staff should be made responsible to keep a check on the entries in the service sheet of the individuals working under them in the month of January every year and prepare a list of those who are due to retire in that year. After preparation of the list, the Railway servant due retirement during that year should be advised of the date of their retirement and their signatures obtained in token of having been informed of the date of their retirement. All such lists should be consolidated by the end of March of that year, at the Divisional level/ Headquarters level to provide for a complete and enumeration of all Railway servants due superannuation in the year. Thereafter a certificate should be furnished by the Railway to the Board, signed by an authority not lower than the CPO that a list of employees due to retire in the year has been compiled and the competent authority is satisfied with the compilation and its correctness.
[Authority: RBE No.50/1985, No.E(G)84 RT2/23, dated 16.02.1985]
5. One of the reasons for irregular retention beyond the age of retirement is the order brought by Railway servant from the Court(s) of Law against their retirement on the basis of the date of birth recorded in service book. It is essential in such cases that the date of birth, recorded in the service register of the Railway servant is brought to his notice, with the advice that the date of his birth as recorded in the service register having been accepted by him, is final and is not open to challenge in a Court of Law. However, if a case is filed by a Railway servant in a Court of Law, no effort should be spared in getting the proceedings expedited.
[Authority: RBE No.50/1985, No.E(G)84 RT2/23, dated 16.02.1985]
6. Instructions exit that advance action should be initiated two years before the employee is due to retire to process the papers for sanction of pensionary benefits. The intention behind these instructions is that apart from providing for the prompt payment of settlement dues, it will also provide the opportunity to locate and assemble the relevant records and to rectify deficiencies, if any, existing in the personal records.
[Authority: No.E(G)78 RT2-10, dated 03.07.1978]
7. The administrative machinery should be suitably geared to ensure that timely scrutiny and appropriate checks of records are carried out and the measures indicated in the above para are taken to guard against administrative lapses, leading to irregular retention in service of railway servants beyond the date of retirement. Where cases of irregular retention in service arise the matter should be reported to the Board immediately in the following proforma, to consider how the period involved i.e. of irregular retention in service could be regulated. The General Managers have no powers in this regard.
PROFORMA
(i) Name of the employee
(ii) Designation
(iii) Date of birth
(iv) Date of appointment
(v) Date of normal retirement
(vi) Actual date of final retirement
(vii) Period of excess retention in service
years ………. months ……….. days ………
(viii) Brief history of the case
(ix) Reasons for retention in service beyond the age of superannuation
(x) Weather responsibility has been fixed and if so, what action has been taken against the staff held responsible
(xi) Reasons for making belated reference to the Board
(xii) Action taken against the staff as possible for the delay
(xiii) FA&CAO’s verbatim remarks
(xiv) Railway’s recommendation/ remarks
While sending the proposal, the details of the steps taken by the Railway Administration to avoid recurrence in future of lapses leading to irregular retention should also be specifically indicated.
[Authority: No.E(G)78 RT2/10, dated 15.05.1981
No.E(G)82 RT2/17, dated 25.02.1983
RBE No.209/1987, No.E(G)86 RT2/30, dated 11.08.1987
RBE No.279/1987, No.E(G)87 RT2/26, dated 16.11.1987]
The verbatim remarks of the Law Officer should also accompany the reference, where the retention is attributable to legal disputes.
[Authority: RBE No.50/1985, No.E(G)84 RT2/33, dated 16.02.1985]
8. Wherever cases of irregular retention occur, a serious view should be taken and the staff responsible for lapses leading to the irregular retention should be dealt with under the RS(D&A)Rules, as for the imposition of a major penalty. The punishment imposed should have a deterrent effect. On such cases coming to notice, opportunity should not be lost to review the existing procedure with a view to plug all loop-holes.
[Authority: No.E(G)86 RT2/27, dated 17.10.1986
RBE No.169/1987, No.E(G)86 RT2/38, dated 30.06.1987
RBE No.288/1987, No.E(G)86 RT2/210, dated 27.11.1987]
9. Letters on the basis of which this consolidated circular has been prepared and enclosed with this are mentioned in the annexure.
10. (i) While referring to this circular, the original circulars mentioned herein should be read for the proper appreciation. This circular is only a consolidation of the instructions issued so far and should not be treated as substituting the originals. In case of any doubt, the original circulars should be relied upon as authority.
(ii) The instructions contained in the original circulars mentioned herein have only prospective effect unless specifically indicated otherwise in the said circulars; and
(iii) If any circular having a bearing on this subject which has not been superseded has been missed to be taken into consideration in preparing this circular, the said circular, which has been lost sight of should not be ignored but should be treated as valid and operative.
In all cases of irregular continuous 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 over stay. These orders will take effect from the date of issue i.e. 07.07.1999 and all the cases of irregular retention which have not yet been decided will be decided in terms of these orders. The cases already decided otherwise need not be re-opened.
[Authority: RBE No.139/1999, No.E(G)97 RT1-1, dated 07.07.1999,
ACS No.44 to Rule 1801(d) of IREC, Vol-II]
In supersession of the Master Circular No.9, dated 14.11.1990 (RBE No.205/1990) on the subject (including all other instructions), a revised and self contained Master Circular issued by the Railway Board vide RBE No.25/2000, circulated vide letter No.E(G)99 RT1-1, dated 18.02.2000 as under:
Sub: Irregular retention in service beyond the age of superannuation.
1. Introduction
1.1 The rules regulating the age of superannuation or the terms and conditions of service provide for retirement from service of a Govt. servant on his attaining the specified age or after completion of a specified period of service. In all such cases, retirement is automatic and in the absence of 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. Most of the provisions contained in Master Circular No.9, dated 14.11.1990 (RBE No.205/1990) and the earlier restrictions referred to therein mention about the steps to be taken to avoid recurrence of such cases and taking disciplinary action for imposition of major penalty on the persons responsible for over-stayal of Railway servants in service and completion of formalities in the prescribed manner before making a reference to Board for regularization of the period of over stay which used to be regularized by Board as re-employment, there being no other alternative at that time.
1.2 With the issue of Board’s letter No.E(G)97 RT1-1, dated 07.07.1999 (RBE No.139/1999) the position has undergone a change making redundant most of the provisions relating to formalities to be completed before making references to Board. Hence, in supersession of the Master Circular No.9, dated 14.11.1990 (RBE No.205/1990) on the subject (including all other instructions), a revised and self contained Master Circular as below is issued herewith.
2. Preventive and remedial measures
2.1 It is necessary to ensure that the personal records of all Railway servants are maintained correctly and kept up to date. The officers/ supervisors should be made responsible to keep a check on the entries in the service sheet of the employees working under them in the month of January every year and prepare a list of those who are due to retire in that year.
2.2 After preparation of the list the Railway servants due retirement during the Year should be advised of the date of their retirement and their signature obtained in token of having been informed of the date of their retirement. All such list should be consolidated by the end of March of that year at the Divisional/ Headquarters level. There should be mandatory vetting of the list so prepared.
2.3 Although it is the responsibility of the administrative authorities concerned to ensure that the Govt. servants under their control retire on the due date, of Govt. servant cannot take advantage of the non-receipt of formal orders to this effect, as it is his duty also to bring the fact that he is attaining the age of superannuation, to the notice of the Head of the Office in which he is working.
2.4 Instructions exist that advanced action should be initiated two years before an employee is due to retire, to process the papers for sanction of pensionary benefits. The intention behind these instructions is that, apart from providing for the prompt payment and settlement dues, it will also provide the opportunity to locate and assemble the relevant records and to rectify deficiencies, if any, existing in the personal records.
2.5 One of the reasons for irregular retention beyond the age of retirement is the order brought by Railway servant from the Court(s) of Law against their retirement on the basis of the date of their birth recorded in the service book. It is essential in such cases that the date of birth, as recorded in the service register of the Railway servant, is brought to his notice, with the advice that the date of his birth as recorded in the service register having been accepted by him, is final and is not open to challenge in a Court of Law. However, if a case is filed by a Railway servant in a Court of Law, no effort should be spared in getting the proceedings expedited.
2.6 Preventive checks may be got conducted by the DRMs, CPOs and FA&CAOs by nominating officers in various units to have 100% check of service records, particularly date of appointment, date of birth (to be written both in words and figures) and date of retirement, once in three years. The nominated officer should record a Certificate regarding the accuracy of the records checked. The mandatory area of inspection should include check and cross-check of service records along with other related official records.
2.7 Computerization of service records be done which should have an application to take care of these situations.
3. Disciplinary action for the lapses
3.1 In all cases of over-stayal in service beyond the age of superannuation, a thorough investigation should be done keeping in view the various steps suggested for prevention of such cases and responsibility should be fixed for the lapses of the officers/ staff leading to such cases. The officers/ staff responsible should be taken up under RS (D&A) Rules, 1968 for imposition of a major penalty. The penalty imposed should have a deterrent effect.
3.2 Guidelines may be issued to the Disciplinary Authorities that penalties imposed on the officials responsible for the lapses leading to irregular retention in service should only be major penalties.
4. Treatment of access period of stay
4.1 In the light of judgment of Supreme Court in the case of Radha Kishun vs. Union of India and others (SLP (C) No.3721 of 1997 arising out of judgment dated 26.11.1996 of CAT/Patna in OA No.652 of 1995), the matter has been considered by Ministry of Railways regarding treatment of period of over-stay. Taking into account Supreme Court’s view that an employee is to be considered an equally responsible for over-stay in service, Codal provisions had been made vide Board’s letter No.E(G)97 RT1-1, dated 07.07.1999 (RBE No.139/1999), circulating Advanced Correction Slip No.44, by incorporating sub-rule (d) in Rule 1801 R-II (1987 Edition), in terms of which such period of ovary-stay is to be treated as irregular and the pay/ allowances etc. allowed for the period of over-stay have to be recovered.
5. Necessary action for immediate settlement of the employee irregularly retained in service beyond the age of superannuation may, therefore be taken by the Railway in terms of Rule 1801(d) R-II, besides taking disciplinary action against the persons responsible for the lapse, should such cases arise despite the steps mentioned in the foregoing paragraph. Since Codal provisions has been made for the treatment of the excess period of over-stay as irregular. Railway may finalize such cases at their end and there is no need to refer such cases to Board’s office.
6. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
ANNEXURE
|
RBE No. |
Letter No. |
Date |
|
|
E(G)78/RT2/10 |
03.07.1978 |
|
|
E(G)78/RT2/10 |
15.05.1981 |
|
|
E(G)82/RT2/17 |
25.02.1983 |
|
E(G)84/RT2/33 |
16.02.1985 |
|
|
|
E(G)84/RT2/27 |
17.10.1986 |
|
E(G)86/RT2/38 |
30.06.1987 |
|
|
E(G)86/RT2/30 |
11.08.1987 |
|
|
E(G)87/RT2/26 |
16.11.1987 |
|
|
E(G)87/RT2/10 |
27.11.1987 |
|
|
E(G)90/RT2-10 (Master Circular) |
14.11.1990 |
|
|
E(G)97 RT1-1 |
07.07.1999 |
|
|
E(G)99 RT1-1 |
18.02.2000 |