Study Notes: Indian Railway Establishment Code (Volume I)

Chapter 1: General - Scope and Definitions

101. Scope and Extent of Application: This chapter and the next contain rules governing the general conditions of service for Railway servants. Some rules correspond to the Fundamental Rules and Supplementary Rules applicable to Civil servants under the rule-making powers of the President of India.
102. Power to Interpret Rules: The power to interpret the rules in this volume is reserved exclusively to the President.
103. Definitions:
- (1) Accounts Officer: An officer of the Accounts Department as defined in para $102$ of the Indian Railway Code for the Accounts Department.
- (2) The Act: Refers to the Government of India Act, $1935$ .
- (3) Actual Travelling Expenses: The actual cost of transport for a railway servant, including domestic servants, personal luggage, ferry/tolls, and camp equipment. Excludes charges for hotels, refreshments, or carriage of stores.
- (4) Apprentice: A person deputed for training in a trade or business with a view to employment in railway service, drawing pay at monthly rates but not employed against a substantive vacancy.
- (5) Average Pay: The average monthly pay earned during the $10$ complete months immediately preceding the month of the event requiring the calculation. For foreign service, the pay they would have drawn in India is substituted.
- (6) Assistant Officer: A Group $A$ officer drawing pay on the junior scale.
- (7) Cadre: The strength of a service or part of a service sanctioned as a separate unit.
- (10) Compensatory Allowance: An allowance granted to meet personal expenditure necessitated by special circumstances of duty, including traveling allowance.
- (11) Competent Authority: The President or any authority delegated powers under Appendix VI.
- (13) Day: A calendar day beginning and ending at midnight. Absence from headquarters not exceeding $24$ hours is reckoned as one day regardless of start/end time.
- (16) Duty: Includes service as a probationer/apprentice (if followed by confirmation) and joining time. Competent authorities can declare training in India or the interval between training completion and duty assumption as 'duty'.
- Government of India Order on Duty: Time spent in attending obligatory Departmental Examinations, including reasonable travel time, is treated as duty. Compulsory waiting for posting orders is also treated as duty.
- (17) Family: Includes husband/wife, legitimate/stepchildren residing with and dependent on the servant. Includes parents, sisters, and minor brothers if dependent. Only one wife is included. Legitimate children include those adopted under law.
- (18) Fee: Recurring or non-recurring payment from sources other than the Consolidated Fund of India/States. Excludes unearned income (dividends/interest) or literary efforts not aided by service knowledge.
- (19) Foreign Service: Service where pay is received from sources other than the Consolidated Fund of India/States with Government sanction.
- (20) Gazetted Post: A post to which appointment is made by notification in the Gazette of India.
- (23) Holiday: Prescribed under section $25$ of the Negotiable Instruments Act, $1881$ , or dates when an office is ordered closed by competent authority.
- (25) Joining Time: Time allowed to join a new post or travel to/from a station of posting.
- (28) Lien: The title of a Railway servant to hold on a regular basis a post to which they have been appointed. This title is subject to the condition that the junior-most person in the grade is liable to be reverted if posts are over-subscribed.
- (31) Ministerial Officer: A Group $C$ servant whose duties are entirely clerical.
- (32) Month: A calendar month. For periods of months and days, complete calendar months are calculated first, followed by odd days (with $30$ days taken as a month).
- (33) Officiating: When a servant performs duties of a post on which another person holds a lien or in a vacant post where no lien exists.
- (35) Pay: The monthly amount drawn including substantive/officiating pay (excluding special pay), overseas pay, special pay, personal pay, and other emoluments classed as pay by the President.
- (37) Personal Pay: Additional pay granted to save a servant from loss of substantive pay due to revision/reduction (not disciplinary) or exceptional circumstances.
- (40) Probationer: A railway servant employed on probation against a substantive vacancy.
- (43) Railway Servant: A member of a service or holder of a post under the administrative control of the Railway Board. Includes the Chairman and Members of the Railway Board; excludes casual labor.
- (44) Special Pay: Additions to pay for arduous duties or specific additions to responsibility, including non-practicing allowances for doctors.
- (47) Substantive Pay: Pay (excluding special/personal pay) to which a servant is entitled by virtue of a substantive appointment.
- (49) Tenure Post: A permanent post that an individual may not hold for more than a limited period.
- (50) Time-scale Pay: Pay rising by periodical increments from a minimum to a maximum.

Chapter 1: Service Classification and Cadre Strength

104. Pensionable Service: Service of all servants is pensionable except those who entered before $16^{th}$ November $1957$ and did not opt for the scheme.
106. Classification of Services (Since 1-4-1976):
- Gazetted: Railway Services Group $A$ and Group $B$ .
- Non-Gazetted: Railway Services Group $C$ , Group $D$ , and Workshop Staff.
107. Post Classification (Since 08.01.2010):
- Group A (Gazetted): Apex Scale ( $Rs.\,80,000$ fixed), HAG plus ( $Rs.\,75,500-80,000$ ), HAG ( $Rs.\,67,000-79,000$ ), and posts with Grade Pay $Rs.\,10,000$ , $Rs.\,8,900$ , $Rs.\,8,700$ in PB-4 or $Rs.\,7,600$ , $Rs.\,6,600$ , $Rs.\,5,400$ in PB-3.
- Group B (Gazetted): Posts with Grade Pay $Rs.\,5,400$ and $Rs.\,4,800$ in PB-2.
- Group C: Posts with Grade Pay $Rs.\,4,600$ , $Rs.\,4,200$ in PB-2, and Grade Pay $Rs.\,2,800$ down to $Rs.\,1,800$ in PB-1.
- Group D: Posts in Pay Band IS ( $Rs.\,4,440-7,440$ ) with Grade Pay $Rs.\,1,650$ down to $Rs.\,1,300$ .
110. Sanctioned Strength: The Railway Ministry determines the strength and character of posts. General Managers have limited powers to create gazetted posts in Groups $A$ and $B$ .
111. Cadre Principles: Separate cadres are maintained for each Indian railway. Duty strength includes posts for ordinary duty plus reserves for deputation, training, and leave.
118. Tenure Post Limits for Group A:
- Railway Board Posts: $5$ years.
- Directors (Board/RDSO): $4$ years.
- Railway Liaison Officer: $4$ years.
- DRM/ADRM/DGM: $3$ years.
122. Supernumerary Posts: Permanent shadow posts with no duties, created to accommodate the lien of an officer when a regular post is unavailable. They are personal to the officer and abolished upon their retirement or confirmation elsewhere.

Chapter 2: Recruitment, Training, and Promotion

201. Group A Recruitment: Appointments are made by the President on UPSC recommendations. GMs may confirm officers after satisfactory probation.
205. Methods of Group A Recruitment:
- UPSC Competitive Examination.
- Promotion from Group $B$ .
- Appointment of Special Class Apprentices (SCRA).
- Transfer of government officers.
208. Officiating Promotion Vacancies: Allowed for $30$ days and above on Zonal Railways/PUs, and $46$ days and above in the Railway Board/RDSO.
209. Promotion Eligibility and Criteria:
- Jr. Scale to Sr. Scale: Minimum $4$ years service in Jr. Scale.
- Sr. Scale to JAG: Selection on merit with minimum $5$ years in Sr. Scale.
- JAG to SAG (Level-II): Selection on merit with $3$ years service in JAG.
- SAG (Level-II) to SAG (Level-I): Selection on merit with $2$ years service in SAG (Level-II).
211. Limited Departmental Competitive Examination (LDCE): $30\%$ of vacancies for Group $B$ posts (Civil, Mechanical, Electrical, S&T, Traffic, Stores, Accounts, Personnel) are reserved for departmental candidates via LDCE.
214. Powers of General Managers: Can appoint Group $C$ to officiate in Group $B$ . Can appoint Group $B$ to senior scale on ad-hoc basis for up to $1$ year if Group $A$ (Jr. Scale) with $3$ years service are unavailable.
216. Group C and D Recruitment: Made through direct recruitment (Railway Recruitment Board), promotion, or transfer.
218. Nationality: Candidates must be citizens of India, or subjects of Nepal/Bhutan, or Tibetan refugees (pre-1962), or persons of Indian origin from specified African/Asian countries with intent to settle.
221. Oath of Allegiance: All new entrants must swear/affirm allegiance to India and the Constitution.
222. Medical Certificate of Health: Mandatory for substantive appointment. Exemptions exist for retrenched personnel re-employed and those recruited via UPSC exams who already underwent medicals.
- Note 3: Deaf or deaf-mute persons may be appointed to Group $C/D$ if their condition does not hamper work or safety.
- Note 4: Stammering is not a disqualification for clerical staff not in contact with the public.
- Note 5: Being blind in one eye is not an absolute bar for clerical service if vision is adequate for duties.
225. Date of Birth: Must be declared on entry and cannot be altered except for false statements (to servant's disadvantage) or clerical errors. Documentary evidence (Matriculation/Municipal certificate) required. Horoscopes are not accepted.
226. Transfers: Servants have no right to transfer between establishments. Transfers are made in the exigencies of service.

Chapter 2: Transfers and Lien

230. Mutual Exchange: The senior of the two employees takes the seniority place of the person they replace; the junior retains former seniority or is fitted below those with same seniority.
231. Departmental Transfer: Requires consent of the head of the current department. DRM can transfer Group $D$ between departments or divisions.
236. Casual Leave: Not technically recognized as absence from duty; pay remains uninterrupted. It cannot be used to evade rules regarding the start/end of regular leave.
239. Lien Principles: A servant acquiring a new lien ceases to hold the previous one.
240. Retention of Lien: Retained while performing duties, on foreign service, holding temporary posts, officiating, on joining time, on leave, or under suspension. It is not retained upon immediate absorption in a post outside the government.
244. Forwarding Applications: Applications for outside posts should not be refused unless against public service interest. Permanent servants can retain their lien for $2$ years (extendable to $3$ ) when appointed to other government departments.

Chapter 3: Termination of Service

301. Notice Periods:
- Temporary Servants: No notice for expiry of post/vacancy; $14$ days notice if not on contract; $1$ month notice if continuous service exceeds $3$ years.
- Apprentices: $1$ week notice.
- Probationary Officers (Group A/B): $3$ months notice.
- Medically Incapacitated: No notice required.
302. Resignation: Cannot be accepted if conduct is under investigation for dismissible offenses. President's sanction needed for Group $A$ resignation (except probationers joining IAS/IFS).
304. Service Benefits for Physically Unfit: Servants disabled during service should not be dismissed but shifted to alternative posts in the same pay scale. If no post is available, they are kept on supernumerary posts until absorbed.

Chapter 4: Extension and Re-employment

401. General Limit: No extension/re-employment beyond $58$ years (subject to policy updates) except in public interest or outstanding merit.
402. Disqualified Persons: Those dismissed or convicted cannot be re-employed without Presidential (Group $A/B$ ) or GM (Group $C/D$ ) sanction.
405. Criteria for Extension/Re-employment: Only considered if successors are not ready or the retiring officer has outstanding merit. Successor selection must have been initiated in advance.

Chapter 5: Leave Rules (Liberalised Leave Rules, 1949)

503. Right to Leave: Leave cannot be claimed as a right. Authorities can refuse or revoke leave but cannot change the type of leave applied for without a written request from the servant.
504. Effect of Dismissal: Leave at credit lapses upon dismissal, removal, or resignation. Reinstated servants count prior service for leave.
510. Maximum Continuous Leave: No servant shall be granted leave of any kind exceeding $5$ years continuously. Absence exceeding $5$ years implies resignation.
516. Recall to Duty: Treated as compulsory. Servants get traveling allowance and leave salary until they join.
519. Medical Certificates: CGHS/RHS beneficiaries must produce certificates from authorized medical officers. If sickness is $\le 3$ days, private certificates may be accepted for joining back without formal RHS fitness.
522. Incapacitated Servants: If likely never fit for duty, leave for up to $12$ months at a time may be granted until an alternative post or retirement is finalized.
523. Leave on Average Pay (LAP):
- Entitlement: $30$ days per calendar year.
- Credit: $15$ days in advance on $1^{st}$ January and $1^{st}$ July.
- Maximum Credit: $300$ days.
- Max LAP at one time: $180$ days.
526. Leave on Half Average Pay (LHAP):
- Entitlement: $20$ days for each completed year of service.
- Credit: $10$ days in advance on $1^{st}$ January and $1^{st}$ July.
527. Commuted Leave: Granted on medical certificate; twice the amount is debited from LHAP. Limited to $180$ days for study purposes during entire service.
528. Leave Not Due: Maximum $360$ days during entire service on medical certificate. Debited against future LHAP earnings.
530. Extraordinary Leave (EoL): Granted when no other leave is admissible or upon written request. Limits for temporary servants: $3$ months (general); $6$ months (medical certificate); $18$ months (TB/Leprosy/Mental illness); $24$ months (studies in public interest).
532. Apprentice Leave: Special Class Apprentices get $1$ month on full stipend per year. Apprentice Mechanics get $16$ days full stipend and $20$ days half stipend (medical).
540. Leave Preparatory to Retirement (LPR): LAP up to $300$ days plus LHAP, ending on the date of retirement.
540-A. LAP Encashment with Pass: Up to $10$ days encashment allowed while availing pass, subject to a balance of $30$ days LAP and total career limit of $60$ days.
549-A. Cash Equivalent in Case of Death: Payable in order of priority: Widow (eldest), husband, eldest surviving son, eldest unmarried daughter, widowed daughter, father, mother, etc.
551. Maternity Leave: $180$ days for servants with less than $2$ surviving children. Includes miscarriage/abortion ( $45$ days).
551(A). Paternity Leave: $15$ days allowed within $6$ months of child's birth (for < 2 children).
551(C). Child Adoption Leave: $135$ days for adoptive mothers of infants up to $1$ year old.
551(E). Child Care Leave (CCL): $730$ days during entire service for mothers to care for up to $2$ minor children (under $18$ or disabled offspring).

Chapter 6: Medical Attendance and Treatment

601. Treatment Definitions: Includes hospital facilities, pathological tests, medicines, nursing, confinement, sterilization, and ambulance transport.
602. Eligibility: Extends to staff of Railway Board, RDSO, Audit staff, apprentices, and retired employees (under contributory schemes).
604. Residence Attendance: Free for gazetted and non-gazetted sick servants. Fees apply for family members: MS/Sr.DMO ( $Rs.\,20$ ), DMO ( $Rs.\,16$ ), ADMO ( $Rs.\,12$ ) for high-pay employees.
607. Artificial Limbs: Cost of procurement, repairs, and renewals is reimbursable if certified as essential by a railway specialist.
609. Blood Donation: Servants get special casual leave for the day and a complementary pass if they travel from an out-station. Payment of $Rs.\,50$ per bottle ( $300\,cc$ ) is admissible.
611. Diet Charges: Free for Group $D$ and those with pay below $Rs.\,1,150$ (Gr. D) or $Rs.\,1,350$ (others). Also free for TB/Leprosy/Mental patients with pay below $Rs.\,2,000$ . Others pay the actual direct cost.
617. Emergency Treatment Reimbursement: Allowed in non-railway hospitals if ex-post facto approval is given. GMs can sanction up to $Rs.\,3,000$ for private and $Rs.\,10,000$ for Govt hospitals.
644. Special Diseases: Free treatment for Cancer, Polio, and Cerebro Spinal Meningitis at recognized hospitals like Tata Memorial (Mumbai) if recommended by CMD.

Chapter 7: Law Suits Against Railway Servants

701. Legal Proceedings: Cases involve acts done in performance of duty or by virtue of official position. Claims for reimbursement are referred to the Railway Board.
702. Defense Assistance: Government may undertake defense if in public interest. Servants defending themselves can get an interest-free advance of $Rs.\,500$ or $3$ months' pay. Recovery is in $24$ monthly installments.
704. Prosecution: No prosecution can be instituted without written legal advice. Settlement out of court requires express sanction from the Ministry.

Chapter 8: Staff Benefit Fund (SBF)

804. Credits: Fines, forfeited PF bonuses, and an annual grant of $Rs.\,800$ per capita.
805. Allocation of Grant:
- Scholarships for Technical Education: $Rs.\,116$ (General), $Rs.\,110$ (Girls), $Rs.\,100$ (Boys).
- Relief of Distress/Sickness: $Rs.\,120$ .
- Sports: $Rs.\,30$ .
- Scouts/Guides: $Rs.\,22$ .
- Cultural Activities: $Rs.\,16$ .
- Indigenous Medicine: $Rs.\,36$ .
- Women Empowerment: $Rs.\,28$ .
807. Management: SBF is managed by Committees at Headquarters (presided by CPO) and Divisions (presided by DPO).

Chapter 9: Provident Fund (SRPF)

904. Compulsory Subscribers: All railway servants entering before $01.01.2004$ , except re-employed staff, must subscribe after $1$ year of continuous service.
909. Amount of Subscription: $10\%$ of emoluments for Contributory (PF) staff and $8.1/3\%$ for Non-Contributory (Pensionable) staff.
913. Commercial Employment Post-Retirement: Group $A$ officers must get prior permission from the Ministry of Railways to take a commercial job within $2$ years of retirement to avoid forfeiture of Government contributions.
915. Special Contribution (Retirement Gratuity):
- Condition: $30$ years service or attainment of specified age limits.
- Calculation: $1/4^{th}$ of a month's pay for each completed $6$ -monthly period of service. Maximum $16.5$ months' pay or $Rs.\,50,000$ .
923. Advances (Refundable): For medical travel ( $3$ months' pay), education ( $3$ months' pay), and marriage ( $3$ to $6$ months' pay). Repayable in $12$ to $24$ installments (up to $60$ for large amounts).
925. Withdrawals (Non-Refundable):
- House Building: Up to $90\%$ of subscriptions.
- Marriage: Up to $15$ months' pay for daughter's marriage; $90\%$ of balance if credit < Rs.\,10,000.
- Conveyance: Up to $Rs.\,1,10,000$ for car ( $pay \ge Rs.\,10,500$ ) and $Rs.\,20,000$ for motor-cycle ( $pay \ge Rs.\,4,600$ ).
- Consumer Durables: $6$ months' pay or $1/2$ amount at credit.
944. Deductions: Authorized for grave misconduct (if dismissed) or to recover liabilities to the Government (up to $10\%$ of Government contribution).

Chapters 10, 11 & 12: Gratuity, Joining Time, and Compensation

1005. Gratuity Amount: For temporary servants discharged due to reduction of establishment: $1/2$ month's pay per year of service.
1006. Death Gratuity: If a servant dies in service: $1$ month's pay ( < 3 yrs), $3$ months' pay ( $3-5$ yrs), or $1/2$ month per year (min. $12$ months' pay for > 5 yrs).
1108. Joining Time Schedule (on Transfer):
- $Distance \le 1000\,km$ : $10$ days.
- $Distance 1000-2000\,km$ : $12$ days.
- Distance > 2000\,km: $15$ days.
1110. Credit of Unutilized Joining Time: Days not used (up to $15$ ) are credited to the LAP account as per rules.
1113. Joining Time Pay: Equal to the pay drawn in the old post before relinquishing charge.
1204. Compensation for Property Loss: Claims considered if loss is connected to duty (enemy action, accidents, rioters, or saving government property). No compensation for ordinary theft or negligence.