RBE No. 204/1999: IREM – Amendment to Para 1404 to 1407 – Retention of Lien – ACS No.85

No.E(NG)I-96/AP/2(2), dated 16.08.1999

Sub: Amendment to Indian Railway Establishment Manual.

The Ministry of Railways are pleased to direct that the Indian Railway Establishment Manual, Volume-I (Revised Edition 1989) may be amended as per Advance Correction Slip No.85 enclosed.

Advance Correction Slip No. 85
Indian Railway Establishment Manual, Volume-I
(1989 Edition)

The following amendments may be made in Paras 1404 to 1407 of Chapter XIV of Indian Railway Establishment Manual, Volume-I (Revised Edition 1989):-
Substitute the following for the existing Paras 1404 to 1407:-

1404. Retention of lien on selection on the basis of the forwarding of application:-

(i) If a permanent railway employee is selected on the basis of his application for posts in other Central Government Department/ Offices, his lien may be retained in the parent department for a period of 2 years. If the employee concerned is not permanently absorbed within a period of 2 years from the date of his appointment in the new post, he should immediately on expiry of the period of 2 years either resign from Railway service or revert to his parent cadre. An undertaking to abide by this condition may be taken from him at the time of forwarding of his application to other departments/ offices.
(ii) Temporary railway servants with less than 2 years service will be required to severe connections with railways in case of their selection for outside posts.
(iii) When a permanent railway servant has joined a department/ office where he is not confirmed within a period of 2 years due to some reasons, he may, in exceptional cases, be permitted to retain the lien in the parent department/ office for one more year. While granting such permission, a fresh undertaking similar to the one indicated above may be taken from the railway employee.

[Authority: Board’s letter No.E(NG)II/68/AP/6, dated 04.12.1968, 19.05.1972, and

E(NG)I-88/CN5/2, dated 20.01.1989 (RBE No. 23/1989)]

(iv) Timely action should be taken to ensure extension/ reversion/ resignation of railway employees to their parent cadres on completion of the prescribed period of 2/3 years. In cases, where recalcitrant employees do not respond to instructions with the connivance or otherwise of their new employer, suitable action should be initiated against them for violating the agreement/ undertaking given by them as per (i) and (iii) above and for termination of their lien.

[Authority: Board’s letter No.E(NG)II-73/AP/21, dated 18.09.1975, and E(NG)II-79/AP/12, dated 26.09.1979]

1405. Continuity of service on technical resignation:-

A permanent railway servant appointed in another Central Government Department/ Office has to resign from his parent department unless he reverts to that department within a period of 2 years or 3 years in exceptional cases. Such resignations shall not be deemed to be resignation within the meaning of Rule 41(2) of Railway Services (Pension) Rules, 1993 for the purpose of pension. As a consequence, continuity of service benefits should be allowed to such employees in the matter of leave also i.e. the railway employee will be allowed to carry forward the leave earned by him, not only on the Railway but that earned during the temporary service or probation in the Civil Department also.

[Authority: Board’s letter No.E(NG)II/68/AP6, dated 16.06.1971 and
Rule 41(2) of Railway Services (Pension) Rules, 1993]

1406. Forwarding of applications for posts under State Governments and its Undertakings/ Autonomous Bodies etc.:-

(1) The applications of railway employees for posts under State Governments and their Undertakings etc. may be forwarded subject to the provisions of para 1404 and instructions issued from time to time and within the limit laid down for forwarding applications for outside posts. In respect of permanent railway employees, the terms under which they go over to a post under the State Government will be settled mutually between the Railway Administration and the State Government concerned. In the case of Railway servants, who join the State Government/ Public Sector Undertakings etc. on their own volition in response to Press advertisements, the leave salary and pension contribution should be paid either by the undertaking/ organization concerned or by the Railway servant concerned himself. In this connection, the following procedure/ action may be followed/ taken by the Railway servant in making the contribution:-

(i) Before actually allowing a Railway servant to take up appointment with a Public Sector Undertaking/ Organization, the question of liability to pay leave salary and pensioner’s contribution should be settled by correspondence with the Undertaking/ Organization.
(ii) In case the Undertaking/ Organization is not agreeable to pay these dues, an agreement should be entered into with the Organization, with the consent of the Railway servant for regular recovery of service contribution from his pay and remittance to the Railway.
(iii) In case the arrangement at (ii) above does not materialize, the Railway servant may be relieved on a specific undertaking, that he would deposit the service contribution with the Railway regularly. He may also be warned that if he fails to do so, he would be liable to be recalled for breach of the undertaking.
(iv) In case of failures to deposit service contributions regularly, the State Government/ Public Sector Undertaking etc. should be asked to return the Railway servant. It is necessary to take swift action in this matter, so that arrears of service contribution do not fall in heavy accumulation. On return to the Railways the contributions as due may be recovered from him. Disciplinary action, if any, considered necessary may also be taken against such defaulting Railway servants.

[Authority: Board’s letter No.E(NG)II-68/AP/6, dated 04.12.1968, 19.05.1972, 

E(NG)II/69/AP/21, dated 07.03.1975, and

E(NG)I-88/CN5/2, dated 20.01.1989 (RBE No. 23/1989)]

1406(A).Forwarding of applications for posts advertised by Central/ Public Sector Undertakings/ Central Autonomous Bodies:-

Applications of Railway servants in response to press advertisement for posts in Central Public Enterprises/ Autonomous Bodies may be forwarded with a clear understanding with the Railway servants that in the event of their selection for the post applied for they will sever their connections with the Railways before joining the Public Sector Undertakings/ Autonomous Bodies. There is no question of retention of lien in such cases. A Railway servant selected on the basis of his application with proper permission for post in Central Public Enterprises/ Central Autonomous Bodies will be required to give his/her technical resignation before his/her relief from Railway service. The Railway servant may thereafter be relieved to take up appointment in the Public Sector Undertaking/ Autonomous Body. The relieving order should indicate the period within which the official should join the Public Sector Undertaking/ Autonomous Body. Normally this period should not be more than 15 days. This period may be extended by the competent authority for reasons beyond the control of the official. Necessary notification/ orders accepting the resignation of the Railway servant from Railway service should be issued from the actual date of his/her joining the Public Sector Undertaking/ Autonomous Body. The period between the date of relieving and the date of joining Public Sector Undertaking/ Autonomous Body can be regulated as leave of the kind due and admissible and if no leave is due, by grant of extra ordinary leave. In case he/she is not able to join the Public Sector Undertaking/ Autonomous Body within the period allowed by the competent authority, he/she should report back to the parent office forthwith.

[Authority: Board’s letter No.F(E)III/86/PN1/5, dated 16.04.1986 and
22.12.1995 (RBE No. 139/1995), and
F(E)III/84/PN1/4, dated 25.06.1987 (RBE No. 331/1987)]

1407. Permission for applying for posts advertised by International Organizations/ Foreign Governments:-

Railway servants may apply in response to open or public advertisement of vacancies by the International Organization and Foreign Government’s with the prior permission of the cadre controlling authority concerned. In rare cases, when the time available for submitting the application is short, a Railway servant may send his application to the concerned agency in advance with a copy to his cadre controlling authority and this may be confirmed or withdrawn subsequently depending on the decision of the authority. The cadre controlling authorities would consider each case only from the point of view of whether the Railways servant could be spared or not, no other general considerations should be applied in taking a decision in the case. A Railway servant may be permitted to apply in response to a public advertisement even if he has completed the permitted number of years he can spend in international/ foreign assignment in his career. However, in such a case, he would have to resign or take retirement from Government service on selection. A Railway servant applying for an international assignment in response to public advertisement will not be given the status of “official nominee” for the assignment. Correspondence relating to the grant or denial of permission will be between a Railway servant concerned and the cadre controlling authority/ Government and latter will not correspond with the international organization/ foreign Government on the subject.

[Authority: Board’s letter No.E(NG)I-96/AP/2(2), dated: 16.08.1999 (RBE No. 203/1999) based on
Department of Personnel & Training’s letter No.F.18/10/91/FA(UN), dated 20.06.1991]

Download Railway Board Circular RBE No. 204/1999

Forward reference ⇒ RBE No.