(INDIAN RAILWAY ESTABLISHMENT CODE)
(INDIAN RAILWAY ESTABLISHMENT CODE)
502. Extent of application. These rules shall apply to (i) Railway servants appointed on or after 1st February 1949; (ii) Railway servants appointed prior to 1st February 1949 who have elected to be governed by these rules; and (iii) others who are brought under these rules by special orders; (iv) a temporary Railway servant who has completed 3 years continuous service shall be entitled, from the date of completion of 3 years continuous service, to the same conditions of service in respect of question of leave (including leave salary) as he would have been entitled to if he held a lien on the post in which he was initially appointed.
503. Right to leave - Leave cannot be claimed as of right and leave of any kind may be refused or revoked by the authority* competent to grant it, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Railway servant. *See schedule.
Railway Ministrys decision.The above provisions are not, however, intended to be so used as in effect to abridge to the employees leave entitlements. It is desirable in the interests of efficiency that employees take leave at suitable intervals and return to work keen and refreshed. The leave sanctioning authority should draw a phased programme for the grant of leave to the applicants by turns with due regard to the priority of claims to leave at the same time ensuring for adequate presence of staff so that no dislocation in the normal working of establishment is caused.
504. Effect of dismissal, removal or resignation on leave at credit.(1) Except as provided in rule 541 and this rule, any claim to leave to the credit of a railway servant, who is dismissed or removed or who resigns from railway service ceases from the date of such dismissal or removal or resignation.
(2) Where a railway servant applies for another post under the Government of India but outside the Railways, if such application is forwarded through proper channel and the applicant is required to resign his post before taking up the new one, such resignation shall not result in the lapse of the leave to his credit.
(3) A railway servant who is dismissed or removed from service and is reinstated on appeal or revision, shall be entitled to count for leave his service prior to dismissal, or removal, as the case may be.
(4) A railway servant, who having retired on compensation or invalid pension or gratuity is re-employed and allowed to count his past service for pension or State Railway Provident Fund benefits, as the case may b3e, shall be entitled to count his former service towards leave.
Railway Ministrys decision
Break in Service due to strike.Strikes may be divided into two categories
(a) Legal strikes, i.e. those which have been called after complying with the provisions of the Industrial Disputes Act, 1947 and
(b) Illegal strikes, i.e. those in which the preliminaries to the calling of a legal strike have not been observed
Strikes falling under (a) above do not constitute a break in service and it would be appropriate for the Railway administrations to treat the period of absence as leave with or without allowances as the case may be without reference to the Railway Board.
In case of illegal strikes, however, the absence of the employees concerned is tantamount to a break in service and cannot be condoned without the sanction of the President.
When a break in service due to participation in an illegal strike is condoned by the President as dies non i.e. neither constituting a break in service nor counting as service such a period is deleted as being non-existing in so far as the particular employee or employees are concerned and therefore the status quo ante the interregnum is restored in all respects from the date following the last day of the period treated as dies non. In other words service prior to the break so condoned will be treated as continuous with the services after the break itself for all purposes but the period of break itself will not be taken into account for any purpose.
(Case No. E48 ST/191(L) & E 51.ST/1-44).
505. Conversion of one kind of leave into another . (1) At the request of a railway servant made before he ceases to be in service, the authority which granted him leave may convert it retrospectively into leave of a different kind which was due and admissible to him at the time the leave was granted, but the railway servant cannot claim such conversion as a matter of right.
Provided that no such request shall be considered unless received by such authority, or any other authority designated in this behalf, within a period of 30 days of the concerned Railway servant joining his duty on the expiry of the relevant spell of leave availed of by him.
(Authority:- Railway Boards letter No.F(III)/98/LE1/1 dt. 5-2-98)
(2) The conversion of one kind of leave into another shall be subject to adjustment of leave salary on the basis of leave finally granted to the railway servant, that is to say, any amount paid to him in excess shall be recovered or any arrears due to him shall be paid.
Note.Extraordinarily leave granted on medical certificate or otherwise may be converted retrospectively into leave not due subject to the provisions of rule 528.
506. Commencement and end of leave. Leave ordinarily begins on the day on which transfer of charge is effected and ends on the day preceding that in which charge is resumed.
507. Combination of different kinds of leave. Except as provided otherwise under these rules, any kind of leave under these rules may be granted in combination with or in continuation of any other kind of leave.
Explanation.Casual leave which is not recognised as leave under these rules shall not be combined with any other kind of leave admissible under these rules. There is, however, no objection to Casual leave being followed by quarantine leave.