RETIREMENT BENEFITS

RETIREMENT BENEFITS

1. Pension
2. Gratuity
3. P F
4. NGIS
5. Commutation
6. Leave Salary
7. Post Retirement Complimentary Pass
8. Composite Transfer Grant
9. RELHS
10. Retention Of Railway Quarter
11. Regularization Of Railway Quarter
12. Kit Pass
13. Settlement Pass Etc.
14. New Pension Scheme
15. Fixed Medical Allowance
16. Pension Adalat.

PENSION

Extent of application

a) All non- pensionable railway servants who are in service on 15.11.1957 & who elect to come on to this rule, option extended from time to time.
b) All persons entering Railway service on or after 16.11.57 except those whose terms of appointment provide to the contract.
c) All CPF beneficiaries in service on 1.1.86 should be deemed to have come over pension scheme on that, unless they specifically opt out to continue under the CPF scheme.

Kinds of pensions:-

1. Superannuation pension.
2. Retiring pension
3. Invalid pension
4. Compensation pension

Superannuation pension: -

This pension is granted to a Railway servant in case of retirement on Superannuation i.e. on attaining age of 60 yr.

Retiring pension: -

This pension is granted in case of retirement on completion of 30 yr. Qualifying services or attaining age of 55 yr. under FR 56,Rule 2405 (on attaining 50 yr. of age in case of officers appointed prior to age of 35 yr.) & such staff who Retires on Voluntary on completion of 20 yrs service.

Invalid pension: -

This pension is awarded to an employee on retirement due to any bodily or mental infirmity, which permanently incapacitates him for the services. Invalidation should be on medical ground and not due to the irregular or intemperate habits.

Compensation pension: -

This pension is granted to an employee who is discharge from service owing to abolition of a permanent post unless he is appointed to another post the condition of which are deemed to be at least equal to that of his old post.
Employee will be eligible for pension completion of 10 years qualifying service. Pension shall be calculated at 50% of average emoluments or Last Pay which ever is more (w.e.f 02.09.2008)
(RBE No: 112/2008 dt. 15.9.08)

Average emoluments: -

The term emolument means basic pay, which the Railway servant was receiving immediately before his/her retirement.
55% of pay for running staff, 30% of py for LI’s & 25% of pay for Doctors should be taken into account. Average emolument shall be determined with reference to emolument drawn by a Railway servant
during last 10 months of service.
If during last 10 months of service, the Railway servant is absent from duty or on extraordinary leave or has been under suspension, the period whereof does not count as service, the aforesaid period should be disregarded in the calculation of average emoluments & an equal period before 10 months being included. The stagnation increment should be treated as pay.

Qualifying Service: -

A. Total service in years, month & days

Less

B. i) Underage service
ii) Apprentice service.
iii) Leave without pay (other than medical certificate)
iv) Strike.
v) Substitute service
vi) Suspension
C. Weightage of max. 5 years in case of voluntary retirement or retirement due to medical unfit has been abolished in 6 th P.C dt.18.02.09)
D. 50% of MRCL service.

Net qualifying service = (A-B)+C

With effect from 22.2.83 Group ‘C’ & ‘D’ employees who are required to undergo departmental training before they are put on regular employment, training period may be treated as qualifying service for pension if training is followed immediately by appointment.

Pension Formula: -


Or

50% of last pay whichever is more.
Minimum Rs.3500/- + Relief

Maximum 50% of highest pay Rs.90,000/- of Cabinet Secretary.
The amount of pension finally calculated should be rounded off to the next higher rupee.
As per 6th P.C recommendation, all employees who Retired on or after 1.1.2006, the full benefit of 33yrs. Qualifying service in case of Pension has been dispensed with. The employee with 20 yrs. Service will
get 50% of last Pay or 10 months emolument which ever is more.
(RBE No: 112/08 dt. 15.09.08) & ( RBLNo: F(E) 2008/PN1/13 dtd. 15.1209)

ADDITIONAL QUANTUM OF PENSION

As per recommendation of 6 th P.C the concept of Additional Quantum of Pension has been Introduced to the Retired Rly. Employees/ widow who will be paid additional % of pension to old Pensioner subject to reaching to the particular age which is as below.


( RBE No: 105/2008 dt. 08.9.08)

CONSTANT ATTENDANT ALLOWANCE

The scheme of constant attendant allowance has been introduced to such Pensioner who are drawing Disability Pension for 100% disability which attributed to or aggravated by service & who require the service of Attendant for at least 03 months. The allowance will be paid @ Rs. 3000/- pm only & no DA ispaid in the allowance along with the Pension subject to submission of declaration form.

The Allowance shall not be paid during the pensioner is inpatient in Hospital.
( RBE No: 112/08 dt.15.9.08, 149/08 dt. 10.10.08 & 72/09 dt. 29.4.09)
Family Pension :- The scheme of family pension is in force of 1.1.64 The families of the Railway servant who appointed on & after 1.1.64 & opted for family pension shall be entitled for family pension.
The family pension will be admissible to widow/widower and in case widow/widower is not available. Unmarried Son up to the age of 25 yrs. Who are not Serving. In case of Daughter till she marries which ever is earlier. After attaining the age of 25 yrs the family pension to son shall only be admissible in case they are handicap mentally or physically & are unable to earn their leaving subject to certain condition.
wef 1.1.98 the parents (father/mother) of deceased employee are also entitled for family pension when no widow or children left by the deceased . For this the income of parents from all source should not be exceed 2550/- pm.
In case the Family pension has been allowed in the equal portion , If any one become ineligible due to any reason his share will also be paid to other one.
(RB LNo. F(E)/11/85/PN/1/1 DT. 30.05.89)
The physically handicap/mentally retarded and dependent wards of railway employees, who are having no income, will be allowed Family pension till they survive. On production of necessary certificate issued from medical officer of senior Divl. Medical Officer level.
As regards widow/ Legally divorced daughter who are totally dependant on Rly. servant, the family pension shall be admissible subject to fulfilling of conditions.

Family Pension in case of missing person :-

Considering the great hard ship is being experienced by the family members of Missing person in getting family pension because the death of such missing person is confirmed after the a period of 7 years . This is based on section 108 of the Indian evidence Act, as such to avoid hard ship to the family the Rly. Board
vide LNo. F(E)111/86/PNI/17 OF 19.09.86, 27.03.91 & 21.01.96 has decided as under .
The Govt. employees Kidnapped by Insurgents Terrorists may be sanctioned pension after a period of 06 months from the date of registration of FIR with the police, as concern to payment of gratuity, the earlier instruction will apply.
(RBLNo: F(E)II/2001/PN1/7 dtd. 30.04.2009)

On receipt of the copy of the FIR Lodged with Police the railway administration should paid the amount at balance of the provident fund account of the missing person. The Payment of leave encashment & his salary if due immediately. In case of SR PF optee. The government contribution should be detained only self contribution in provident fund to be paid. After one year from the date FIR lodged with police other benefit viz death gratuity , family pension, and government contribution of the provident fund if exists as regards the calculation of death gratuity it is mention that the same will be calculated as a case of death but pay went will be made assuming the missing person retired .The difference of death gratuity & Retiring gratuity will be made on confirmation of death of the missing person or after a period of 07 years however for relaxation of one year can be forwarded to Rly Board as per instructions contained in RB No. F(E)/II/2001 PNI/28 Dt. 28.09.04 RBE No. 212/2004.
The payment of Group Insurance Scheme will however be made after 7 Yrs though his date of due retirement comes earlier.
Before making all above payment in case of missing employee. The indemnity Bonds will be obtained from the family members.
No Payment on account of deposit link insurance will be admissible in case of missing person.

Rate of the Family Pension admissible

Presently the family pension is admissible at the rate of 30% of the last pay drawn plus G.P admissible there on subject to the minimum of Rs. 3500/- pm + Relief & maximum of Rs. 27000/-.

Enhance Family Pension

Enhance family pension is admissible to the family of the deceased employee who dies with 10 years of qualifying service it will however be admissible for eligible person of the family at the enhanced rate form date of the death of the deceased for a period of 10 year or the deceased would have attains the age of 70 yrs which ever is earlier. In case of Retired employee the Enhanced pension to the widow will be eligible for a period of 07 yrs. or 67 yrs. of age which ever is earlier.
The enhanced rate will be admissible at the double rate of normal family pension but should not exceed the original pension of the deceased and should not be less than 50% of the last pay.
( RBE No: 112/2008 dt. 15.09.08)

GRATUITY

Retirement gratuity shall be paid on retirement Railway servant who has completed 5 years qualifying service shall be eligible for retirement gratuity equal to ¼ of his emolument for each completed six monthly period of
qualifying service.


Emolument means last Pay drawn + GP plus DA
Maximum 16 ½ month’s pay.
Maximum amount Rs.1000000/- ( Ten Lakh)
Benefit of 55% to running staff 30% to Loco Inspectors & 25% to doctors shall be given in basic pay.
Amount of retirement gratuity finally calculated shall be rounded off to next higher rupee.

DEATH GRATUITY

In the event of death in harness of all permanent & temporary Railway servant while in service the death gratuity shall be paid to family members as under.



Max: - 33 times of emoluments
Maximum amount Rs.1000000/- ( Ten Lakh )
Emolument means last pay drawn plus DA benefit of 55% to running staff 30% to Loco Inspectors & 25% to doctors shall be given in basic pay.
Amount of death gratuity finally calculated shall be rounded off to next higher rupee.

LEAVE SALARY

The benefit of encashment of balance LAP at the time of retirement or death while in service shall be granted subject to maximum of 300 days. The leave salary shall be calculated on the basis of last pay grown plus DA.
Consequent upon the decision taken by the Govt. on the recommendation of 6th CPC relating to encashment of leave in respect of both LAP & LHAP shall be considered subject to over all limit of 300 days. The cash equivalent payable for LHAP shall be equal to leave salary as admissible for LHAP + DA without any reduction on Account of pension or other retirement benefits payable.
The orders shall take effect from 01/09/2008.
(RBE 148/2008 dtd. 08/10/2008)
It has been decided to modified the date of effect of encashment of LHAP from 01/09/2008 to 01/01/2006. The benefit will be now admissible in respect of past cases on receipt of applications to that effect from the pensioners concerned.
(RB L.No.F(E)III/2005/PN 1/12 dtd. 23/11/2009)

PF

In case of pension optee, the employee shall get his own contribution to PF & interest thereon. The present rate of interest is 8% p .a ( 2008-09)
(RBE No: 181/08 dt. 18.11.08)

GROUP INSURANCE SCHEME 1980

This scheme being good social security without paying any insurance premium introduced on Railway vide R.B.LNO- PC-III-80/GIS/1 of 21.11.1980. This scheme provides twin benefits of insurance in the event of death while in service & lump sum payment on retirement on monthly subscription of Rs.15/-, 30/-, 60/-, 120/- with insurance cover of Rs.15,000/- Rs.30,000/- Rs.60,000/- & Rs.1,20000/- respectively.

Monthly subscription is divided in to two part i.e. Insurance Fund & Saving fund at the rate of 30% & 70% respectively.

In case on employee died on the date of superannuation the benefit under the Group Insurance Scheme 1980 would be applicable.

COMMUTATION OF PENSION.

A Railway servant shall be entitled to commute for lump sum payment up to 40% of his pension. A fraction of pension to be commuted result in fraction of rupee, such fraction rupee shall be ignored for the purpose of commutation.
An employee who applies for commutation of pension within year of the date of his retirement on superannuation or on voluntary retirement (i.e. before next birth date) will not be subjected to medical examination.
Employee will be eligible for lump sum payment of commutation as per table revised in 6th CPC with reference to date on which commutation becomes absolute.

Commutation table at each birth year of age.

As per 6th PC , the Commutation value for a Pension of Re. 1/- per annum has also been revised. ( RBE No: 112/08) The present value for staff Retiring on Superannuation, ( 60 yrs.) (but the value of next year of
retirement is calculated i.e 61 yrs) is 8.194 x 12= 98.378

Maximum 40% of the pension can be commuted & only once in entire life & the relief (DA) on pension is paid on Total Pension including Commuted value.

Commutation without Medical Examination.

1. Superannuation pension.
2. Retiring pension.
3. Compensation pension.
4. Pension on absorption in public sector undertaking
5. Pension granted on finalization of department, judicial proceeding & issue of  final orders thereon.

The employee has to appear for medical examination on completion of one year after retirement. The period of one year shall be reckoned from date of retirement for item 1 to 3, & date of issue of final orders for S.No. 5 .

Commutation after Medical Examination.

1. Invalid pension
2. Compulsory Retirement as a measure of penalty.
3. Compassionate allowance.
4. In case of commutation without Medical Examination if application not received by head of the office within one year.

If fraction of rupee exist in finally calculated amount it should be rounded off to next higher rupee.

The pensioners commuted portion will be restored on expiry of 15 years
from date of commutation.
Ex Gratia Pension :- The SRPF optee employee those who were drawing pay up to Rs. 500/- pm & retired on 20 years QS prior to 01.04.57 are eligible for ex -gratia pension as per following revised scale wef 01.1.2006

( RBE No: 65/2009 dt. 17.04.09)
Ex -gratia Payment :- The widow & eligible family members of the SRPF optee employee are eligible for this ex -gratia payment at the rate of Rs.150/- pm + DR . further this rate of ex -gratia payment has been revised at the rate of Rs. 605/- + DR wef 01.11.97

For getting this ex -gratia payment the widow or family member should have applied on the prescribed Performa with death certificate of the employee & any other documents which proves the employment of the deceased employee. The family of employee who resigned or those who have been removed or dismissed are not entitled to get this payment.

The PF optee alive employee those who have retired between 01.04.57 to 31.12.85 with 20 years & more continuous service & also they were not removed / Dismissed nor resigned from service are entitled for ex -gratia payment of 01.11.97 at the rate of Rs. 600/- pm + Relief wef 01.04.04 . This amount is also admissible at the rate of 600/-+300/- = 900/- . The ex -gratia dearness Relief will be allowed @54% wef 1.07.08 & 64% wef 1.1.09, 73% w.e.f. 01.07.2009
(RBE No. 83/2004) & ( 65/2009 dt.17.4.09 )

New Pension Scheme - 2004

The employee recruited in to Rly. service on & after 01.04.2004 will be governed by this scheme . The 10% amount of the ( basic pay +dearness pay +dearness allowance) shall be contributed by the employee per month towards this scheme& equal amount is contributed by the Govt.
(RB LNo. (NG)2/2004/CL/16/POLICY dt. 17.09.04)

There exists Two Tire under the scheme viz

1) Tire- I : It is compulsory scheme to all employees under which 10% amount of the ( basic pay +dearness pay +dearness allowance) shall be contributed by the employee per month towards this scheme & equal amount is contributed by the Govt. The scheme is non-withdrawal with permanent lock in period till exist from the scheme.
2) Tire II : The scheme is based on Voluntary contribution. Unique 16 digit PRAN : The unique PRAN (Permanent Retirement Account Number) will be allotted to all employees for identification.

Exit from scheme : On exit from the scheme on the following ground, the employee/family/dependent will be paid pension as per the value based on investment option -
i) On Superannuation : 40% of the contribution balance in the account will be refunded & 60% will be invested in the financial institutions appointed by PFRDA, based on which the pension will be paid.
ii) On Voluntary Retirement : 20% of the contribution balance in the account will be refunded & 80% will be invested in the financial institutions appointed by PFRDA, based on which the pension will be
paid.
Govt. has appointed NSDL (National Securities Depository Limited) as Fund Manager for investment of money based on the option submitted by individual employee
Based on the report of HLTF (High Level Task Force Report) payment of pension to employee appointed on or after 1.01.2004 & who are Discharged on INVALIDATION GROUND / Disablement & to the Families of such employees who have Died during service since 1.01.2004 including Retirement Gratuity/ Death Gratuity/ Extraordinary Family Pension/ Disability Pension etc.
(RB LNo. 2008/AC-11/21/19 dt. 29.05.2009)

COMPLIMENTARY PASS

This pass shall be granted to retired Railway servant for self family members & dependent widow mother of the same class for which employee was entitle while in service.
The number of sets to be issued per year depends upon qualifying serviced by the employee as under.



The facility of companion in lieu of attendant can be granted to IA & I class pass holder above 65 years of age if no any other family member below 65 years of age is included in pass.

WIDOW PASS

This pass shall be granted to widow of Railway servant after his death of the same class for which employee was entitle.

The widow of those Railway servant who were in service on 12-3-87 and opted for the scheme & those who entered Railway service on or after 12-3-87 shall be eligible for widow pass.

50% of post retirement complimentary pass for which employee was in receipt shall be granted to widow. In case of death while in service the date of death shall be assumed as date of retirement notional for calculation.

In case of death while in service if service rendered by the employee falls short than the prescribed service for post-retirement complimentary pass in such a case also widow shall be eligible for one set of pass in alternate years.

This scheme is also applicable to widower in case of death of male Railway servant.

COMPOSITE TRANSFER GRANT

On retirement Railway servant shall also be eligible for composite transfer as applicable in case of transfer.
A) HQ to other place at a distance of 20 kms or more

i) Railway servant who have joined service on or after 1.05.76 shall be eligible for one month’s basic pay & if these employees transport their personnel effects by VPU the CTG will be admissible at the rate of 80% of basic pay if no car is carried.
ii) In a case of employees who joined Railway service prior to 1.5.76 & are entitled for liberal scale of transportation of personnel effects by Railway the quantum of CTG will be,
Group A, B & C - 80% of basic pay.
Group D _ 90% of basic pay.

B) HQ to other place within 20 kms or within same city/ urban agglomeration. 1/3 of the one month’s basic pay.
Note: change of residence must be involved.
No claim for composite transfer grant will be entertained until & unless the retired Railway employee vacates the Railway accommodation allotted to him.

CTG will not be payable to the retired Railway servant if he prefers to stay in the Railway accommodation regularized in the name of his family member after his retirement but if he prefers to live away from his family member in whose name the Railway accommodation has been regularized the CTG will be payable subject to condition of submission of documentary proof of change of residence.

A Railway servant who has joined Railway service prior to 1.5.76 may exercise on option to transport luggage by Railway on the same scale as admissible to Railway servant appointed on or after 1.5.76. The option may be exercised along with the application for kit passes for transportation of personnel effects.

RELHS-1997 (Retired Employee Liberalized Health Scheme) :

The Retired railway employee con opt for the scheme subject to fulfilling of the minimum service condition of 20 yrs to become member of the said scheme for which he has to contribute 01 month last Basic +GP. The benefit of the scheme are Medical facilities as admissible to serving Rly. Employee in respect of treatment, special investigation, diet & reimbursement claim for treatment etc.The benefit of the scheme can also be availed by widow of deceased employees.
As final chance the RELHS scheme is opened upyo 31.03.2010 for all such employees having qualifying service & who have not yet joined.
(RBE No 48/2009 dtd.16.03.2009)
The scheme has been made MANDATORY to all employees, as such the Option to join the scheme on retirement will be obtained by such employees only who are not unwilling to join the scheme with a clear understanding that no further chance shall be given to join the scheme in future.
(R B.LNo: 2003/H/28/I/RELHS dtd 08/07/2009)

Fixed Medical Allowance:

The pensioners/Family pensioner residing 2.5 km away from the nearest Railway hospital/Health unit/Dispensaries are entitled for grant of Fixed Medical allowance, subject to furnishing an option form and undertaking in a prescribed format, as to whether to draw FMA of Rs. 300/- per month Or avail the benefit  
of OPD medical treatment at railway hospital/dispensary. The existing pensioners can submit the option undertaking with the concerned Pension Disbursing Authority for payment. The future retirees/family of the ex employees, shall submit the option undertaking with the concerned Head of the department also with the other pension papers for obtaining the sanction of fixed medical allowance and the same will be endorsed in the Pension Pay Order.
Those pensioners/family pensioners who are eligible to become member of the RELHS scheme, are not actually enrolled, are also entitled for FMA subject to fulfilling the conditions and submission of undertaking forms.
(RB L.No.PC-5/2006/A/Med/1 dated 15/9/2009)

Pension Adalat:-

Started in the year 1986 in order to expedite the payment of settlement dues and to examine the grievances of pensioners/family pensioners, pension adalat is held at HQs, Divisional & Workshop level.

At HQs level the pension adalat is held once in a year in the month December 15th. And at Divisional/Workshop level the adalat is held twice in a year i.e. on 15th June & 15th December.

A Notification is issued by HQs, Division Office/Workshop in the month of March/August every year and the last date of submission of application is 30th of April for June and 31st of October for December Adalat. All retired employees/family pensioner can submit their grievances in the prescribed format in triplicate to the concerned Division office/HQs where they were working.

The payment cases which are finalized are distributed to the pensioner/family pensioner on the day of Adalat and the policy matters are finalized on priority.

DIFFERENT TYPE OF ADVANCES

DIFFERENT TYPE OF ADVANCES 



Different types of advances can be sanctioned to the Railway employee through Consolidated Fund of India & Railway Revenue. Some of the advances are recovered with interest and some of them are recovered without charging interest.

[A]. Advances repayable without charging interest.

1. Advances for proceeding on tour.
2. Advance of Travelling allowance
3. Advances of Pay on transfer.
4. Advances on deputation to abroad.
5. Advances on return to India from deputation.
6. Natural Calamity advance.
7. Festival Advance.
8. Advance for children out fits
9. Advance for law suits.
10. Advance for treatment of cancer.
11. Advance for Cycle.
12. Advance for Warm Clothing.

[B]. Advances repayable with interest on advance.

(a) Advances for purchase of Conveyance.
     1. Advance for Motor Car.
     2. Advance for Motor Cycle/Scooter/Moped.
 (b) Advance for Personal Computer.
 (e) House Building advance.

NON- INTEREST BEARING ADVANCE

 
 



H o u s e B u i l d i n g A d v a n c e / L o a n


Grant of House Building Advance (HBA) is regulated in the terms of rules and regulations laid down from time to time by the Ministry of Urban Development for Central Government employees in general. The instructions apply to railway employees as it is.

Eligibility :

1. All permanent Railway employees.
2. All other temporary railway employees than 10 years service.
3. Members of all India Services deputed for services who are on deputation on railways for more than 06 years.
4. When Both husband and wife are railway employees and both are eligible for grant of advance the advance will be admissible to only one of them.
5. When both husband and wife are employee then cost ceiling limit pay of both husband and wife will be taken into account.
6. Suspended railway employees are also eligible for advance on witness of two collateral security.

Conditions are required to be fulfilled :

1. The applicant of his/her spouse/minor child should not already own a house in the Town/Urban area where the house is proposed to be constructed or acquired.
2. Area of Constructed house should not be less than 22 Sq. Metter.
3. The HBA for ready built house/flat is permissible on condition of out right purchase.
4. Employee has to submit a promissory note before taking on advance.
5. The official should not have availed of any loan or advance from other Government sources for the purchase. However if he undertakes to repay the outstanding Loan/Advance with interest in one installment he may allow to apply for advance under HBA.
6. Before advance is sanctioned employee must enter into an agreement and after that the property should be mortgage.
7. In individual cases, the cost ceiling limits may be relaxed up to a maximum of 25% .

Purpose of Advance :

The advance is admissible to the employees for only one of the following purpose. :-
1. Purchasing a plot and constructing a house there on.
2. Construction of a new house on a plot owned by the officials by himself of wife or both.
3. Enlarging living accommodations in an existing house owned by employee himself by both husband and wife.
4. Outright purchase of new ready build house/flat from Housing Boards, Development Authorities and other statutory or semi government bodies and also from private registered builders etc. but not from private individuals.
5. For construction of residential portion only of the building on a plot which is Earmarked as a shop cum residential portion.
6. Repayment of Loan or advance taken from a Government or Non- Government source to construct the house.
7. On purchasing of Flat from Corporative Group of Housing Society it will be paid as follows. :- 20% at the time of purchasing of plot from Housing Society and remaining 80% in the ratio as demanded by the society from time to time.

Quantum of Advance :

1. 34 months basic pay subject to max. of Rs. 7.5 Lakhs or Cost of the House/Flat, which ever is the least for new construction/purchase of new House/Flat.
2. For enlargement of existing house the amount of HBA will b e limited to 34 months basic pay subjected to max. of Rs. 1.80 Lakhs or the cost of enlargement or which ever is less.
3. The amount of advance will be restricted to 80% of the true cost of land and or cost of enlarging living accommodation in the case of construction in rural areas.

Rate of Interest :

The advance carries a simple interest on the House Building Advance.
(R.B.E.No.104/03)

Sanctioned should stipulate the interest 2.5% over and above the scheduled rates with the stipulation that if condition of amount are fulfilled completely to the satisfaction of the competent authority a rebate of interest to the extent of 2.5% will be allowed.
The rate of interest will be half percent less to be charged from employee who himself or his spouse undergoes sterilization and are receiving special pay 

Repaying Capacity :

For the purpose of calculating the eligibility of advances the repaying capacity of the employee is done as follows. :-

Cost ceiling Limit :

Cost ceiling Limit for the purpose of HBA will be 134 times the basic pay of the employee subjected to max 30 Lakhs and min 7.5 Lakhs in case where the 134 times of the basic pay comes to the lower than 7.5 lakhs cost ceiling up to Rs. 7.5 will be permissible.
( RBE No: 07/2009 tdd. 12.01.2009 )

 Period of utilizing the Advance : 

(a ) In case of Purchase of Land :

The mortgage deed must be submitted within 03 months of purchasing of Land.

( b ) In case of Purchasing of Ready Build House :

The mortgage Deed must be submitted within 03 months of sanctioning of advance.

( c ) In Case of purchase of New Flat/Construct :

The advance sanctioned must be utilized within on months of sanctioning of advance.

Construction & Maintenance of House :

1. The construction of house should be as per approved plan and it should be verified by HOD by inspecting before delivering next installment.
2. The house must be completed within 24 months of First installment.
3. Immediately on completion of construction/Purchase of the house/Flat, the Govt. servant shall insure the house at his cost against damage by fire, flood & lightening till the advance is returned in full.

Repayment of Advance :

The entire amount of advance with interest thereon shall be repaid in full by monthly installment with a period not exceeding 20 years i.e. principal in 180 installment and interest in 60 installments.
(a) In the case of advance for purchase of land and construction of house from the pay of the month following the completion of the house of from the pay of 24 the months after the date on which the advance for the purchase plot was sanctioned which ever is earlier.
(b) In case of purchase of ready built house/flat from the pay of the month following that in which the advance was drawn.
(c) If an employee expires after sanctioning of Advance the recover will be done from his settlement dues.
(d) In the case of suspended railway employee the recovery will be made from the subsistence allowance, if the subsistence allowance is reduced to prolonged suspension, the recovery may be suitably reduced, if necessary by the Head of Department.
(e) Failure to pay the advance for any reason what so ever by the Govt. servant or his successors as the case may be will entitle the Government to enforce the mortgage and take the action to recover the outstanding amount.
(f) After all advance is returned with interest the mortgaged property will be returned to the concerned railway employee.

 Competent authority to sanction advance of HBA

1 Non Gaz Staff HOD’s / DRM’s
2 Gazetted Officers (Except HOD’s) Addl. GM
3 HOD’s including SDGM & ADDL GM’s GM’s
4 GM Secretary Railway Board

STAFF WELFARE SCHEMES

STAFF WELFARE SCHEMES




STAFF BENEFIT FUND & OTHER WELFARE ACTIVITIES

STAFF BENEFIT FUND & OTHER WELFARE ACTIVITIES 

 


DISCIPLINE AND APPEAL RULES - 1968

DISCIPLINE AND APPEAL RULES - 1968 (w.e.f. 01.10.1968)

DEFINITIONS :

APPLICATION (Rule-3) :

These rules shall apply to every railway employee but shall not apply to -
1. Any member of the all India services.
2. Any member of RPF.
3. Any person for whom special provision is made.
4. Any person in casual employment.

The president may by order exclude any class of railway servant.

A. APPOINTING AUTHORITY (Rule-2 (a)) :

1. The authority empowered to make appointments to the service of which the railway servant is for time being, a member to the grade of the service in which the railway servant is for time being included, or

2. The authority empowered to make appointments to the post which the railway servant for the time being holds, or

3. The authority which appointed the railway servant to such service, grade or post as the case may be or

4. Where the railway servant having been a permanent member of any other service or having substantively held any other permanent post has been in continuous employment under the Ministry of Railway, the authority which appointed him to that service or to any grade in that service or to the post.
Whichever authority is the highest authority.

DISCIPLINARY AUTHORITY Rule- 2 ( c )

The authority competent under these rules to impose the penalty as per schedule-I, II & III of D&A Rules as amended from time to time.

SUSPENSION (Rule-5) : S F-1

Suspension means the suspension of official activities of the railway employee. The suspension is not a penalty.

(1). A railway servant may be placed under suspension.
(a) Where a disciplinary proceeding against him is contemplated or is pending, or
(b) Where in the opinion of the authority competent to place a railway servant under suspension, he has engaged him self in activities prejudicial to the interest of the security of the state, or
(c) Where any criminal offence is under investigation, inquiry or trail.
(2). Deemed to have been place under suspension : SF-2
(a) w.e.f. the date of his detention, if he is detained in custody for a period exceeding forty eight hours.,
(b) w.e.f. the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty eight hours and is not forth with dismissed, removed or compulsorily retired consequent to such conviction.
(3). Where a penalty of dismissal, removal or compulsory retirement form service is set aside in appeal or on revision under these rules and the case is remitted for further inquiry or action or with any other direction. The order of his suspension shall be deemed to have continued in force from the date of his removal, dismissal or compulsory retirement.
(4). Where a penalty of dismissal, removal, compulsory retirement from service is set aside or declared void by a decision of a court of law and disciplinary authority decide to hold a further inquiry against him.
The railway employee shall be deemed to have been placed under suspension by the competent authority from the date of the dismissal, removal or compulsory retirement.
(5) (a) An order of suspension made or deemed to have been made under these rules may at any time be modified or revoked by the competent authority or higher authority.
(b) Where a Railway servant is suspended or is deemed to have been suspended and any other disciplinary proceeding is commenced against him during the continuance of that suspension the authority competent to
place him under suspension may, for reasons to be recorded by him in writing, direct that the Railway servant shall continue to be under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under this rule, may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
(6) Not with standing any thing contained in sub rule 5, an order of suspension made or deemed to have been made under sub rule (1) or sub rule (2) of this rule shall not be valid after a period of ninety days unless it is extended after review is the manner provided in sub rule (7) of this rule, for a further period before expiry of ninety days.
(7) The review of an order of suspension shall be done by the authority which is competent to modify or revoke the suspension, on the recommendation of the review committee constituted for the purpose, and such competent authority shall pass order either extending or revoking the suspension before expiry of ninety days from the date of order of suspension. Subsequent review shall be made before expiry of the extended period of suspension, Extension of suspension shall not be fore a period exceeding one hundred and eight days at a time.
(RB LNo: E (D&A) 2004/RC-6-8 dt. 18.07.2006) RBE No. 94/04

Note :

An employee under suspension is not required to attend his work but he cannot leave his HQr. Without prior written permission of the competent authority. His where about must be fully known to the officer Incharge so that any communication can be made with him, if required. During the period of suspension a directive to employee to attend office and mark attendance in the office daily during working hrs. is illegal. One should remember that the very purpose of suspending an employee is to keep him away from the official
premises and deprive him of his official powers.

ENTITLEMENTS DURING SUSPENSION

An employee placed under suspension will be entitled for :-

1. Subsistence Allowance
2. Review of subsistence Allowances ( 1st only after 3 months)
3. D.A. on subsistence Allowances
4. Outdoor and indoor medical treatments.
5. Hostel subside/ Education Assistance/ Reimbursement of tuition fees.
6. Half the number of passes/ PTOs in cases of gazetted officers and one in case of non-gazetted in a calendar year. If this has already been availed of, no further passes/ PTOs should be issued.
7. P.L.B. (Productivity Linked Bonus) payable after revocation of suspension and resumption to duty.
8. T.A. in cases where he has to attend DAR inquiry beyond 8 kms. from his head quarters.
9. A suspended employee can also be considered for confirmation and promotion but will not be promoted during the period of suspension. In such cases the sealed cover procedure should be resorted to.
10. He can be allowed to leave headquarters at the discretion of the Disciplinary authority subject to the condition he asked for the same in writing.
11.A suspended employee being a Union Member he can participate in Meetings and stand for election for the office bearer post.

SUBSISTENCE ALLOWANCE

A subsistence allowance at an amount equal to the leave salary on half average pay on half pay and in addition Dearness allowances on the basis of such leave salary. The first review is to be conducted after 3 months and then the amount of SUBSISTENCE allowances may be increased or decreased by an amount not exceeding 50% of the subsistence allowances admissible during the period of the first 3 months. This is depending upon the discretion of the disciplinary authority taking into consideration as to whether the suspended employee has been cooperating or not for early finalization of the case. It is, therefore, obligatory for the competent authority to review each case in which the period of suspension is likely to exceeds 3 months and specific orders are to be passed placing on record the circumstance under which the decision had been taken. There is no bar to make further review/ reviews after the first review as such can be made any time after the first review. The rate of dearness allowances will be based on the revised rate of subsistence allowances.

Compulsory deductions and Optional deductions.

Compulsory Deductions.

1. House rent and allied charges.
2. Income Tax and Super Tax.
3. Monthly contribution towards group insurance scheme.
4. Station debits, stores debits, etc.
5. Diet charges and fees payable to medical officers on contract system.
6. Excluding P.F. advance, repayment of all other advances and loans availed.

Besides the above the other deduction that can be made with the written consent of the suspended employee are…

Optional Deductions.

1. Advances from P.F.
2. Railway Institute/ club monthly membership/fees.
3. Dues of Railway co-op. Credit societies and stores.
4. Refund of loans taken from SBF etc.
5. Premium due on L.I.C./ postal life insurance.
6. Railway school fees.

Non deductible:

At no cost should the following deductions be made from the Substance Allowances.

i. Provident fund subscription.
ii. Fines imposed on the Railway servant
iii. Amount due on court attachments.
iv. Penal deductions on account of loss to Government for which the Railway servant is held responsible.

PENALTIES (Rule 6) MINOR PENALTIES:

I. Censure
II. With holding of his promotion for a specified period.
III. Recovery from his payoff the whole or part of any primary loss caused by him to the Govt. or Railway Administration by negligence or breach or orders.
III(a) With holding of the Privilege Passes or Privilege Ticket orders or both
III(b) Reduction to a lower stage in the time scale of pay by one stage for a period not exceeding three years., without commutative effect and not adversely affecting his pension.
IV. With holding of increments of pay for a specified period with further directions as to whether on expiry of such period this will or will not have the effect of postponing the future increments of his pay.

PENALTIES (Rule-6) MAJOR PENALTIES :

V. Reduction to lower stage in the time scale of pay for a specified period with further directions as to whether on the expiry of such period, the reduction will or will not have the effect of postponing the further increment of his pay.
VI. Reduction to a lower time scale of pay, grade, post or service, with or without further direction regarding conditions of restoration to the grade or post or service from which he was reduced and his seniority and pay on such restoration to that grade, post or service.
VII. Compulsory retirement.
VIII. Removal from service.
IX. Dismissal from service-which shall ordinarily be a disqualification for employment under the Government.

In case of collisions of railway train one of the penalties specified in clauses VIII & IX shall be imposed.
In case of passing railway signal at danger one of the penalties specified in clause V to IX shall ordinarily imposed.
If no such penalty is to be imposed, the reasons there of shall be recorded in writing.

PROCEDURE FOR IMPOSING MINOR PENALTIES (Rule-11) :

Charge sheet for Minor Penalties. SF-11

1. Charges should be framed against the delinquent employee and communicated to him on prescribed from (Standard Form No. 11)
2. The charges must be specific and not vague,
3. A statement of allegations should also supply along with the charge sheet.
4. Charge sheet must be acknowledged by D.E.

INSPECTION OF DOCUMENTS

After receiving the charge sheet the delinquent employee may request the disciplinary authority for permission to inspect and take extracts from the original RUDS documents.

WRITTEN STATEMENT

After having inspected the documents the charged officer should submit his written statement of defence to the disciplinary authority with in 10 days. The written statement should not contain any thing irrelevant or disrespectful but must precise and to the point.

CONSIDERATION OF THE WRITTEN STATEMENT OF DEFENCE

After considering the written statement of defence the D.A. may impose minor penalty and if it is proposed to impose penalty of Reduction in time scale more than one stage below, W.I. of Increment for a period exceeding 3 years, W.I. of Increment with commutative effect for any period or if the penalty of W.I. is likely to effect adversely the amount of pension or special contribution to P.F. payable to the employee, an inquiry shall invariably be held. ( SF 11-b )
While communication orders the disciplinary authority should indicate brief reasons (Reasoned Speaking Order) for coming to the final decision.

PROCEDURE FOR IMPOSING MAJOR PENALTIES (Rule-9) :

Procedure for imposition of Major Penalty. (Rule 9) 

1. Issue of charge sheet

The disciplinary Authority shall frame definite charges on standard form no. 5 and deliver to the Railway servant , a copy of article of charges, as statement of allegations. A statement of all relevant facts and list of
documents by which and list of witness by whom the charges are proposed to be proved. While framing the charges name & designation of delinquent employee station/office, date & time of occurrence and the conduct rule for violation of which the allegation are made must be specifically mentioned in
the charge sheet.

2. Submission of written statement of defence by the delinquentemployee.

The delinquent employee must submit his written statement of defence within a period of 10 days from the date of receipt of SF5.

3. Permission to inspect and take note from documents

The Railway Servant shall for the purpose of preparing his defence be permitted to inspect and take note from the documents as he may specify, but such permission may be denied by the competent Authority on the ground
Not relevant to the case.
Against the public interest.
In such cases the disciplinary Authority shall record the reason in the written and shall deliver to the delinquent employee on SF6.
Order of Inquires
On receipt of written statement of defence or where no written statement of defence is submitted by the delinquent employee if it proposed to inflict any of the major penalty an inquiry has to be ordered by the disciplinary Authority for providing the charges which are not admitted.

4. Appointment of Inquiry Officer

The disciplinary Authority may itself inquire into the case or may appoint an inquiry officer or a Board of Inquiry. The appointment of Inquiry Authority is done on SF7. Inquiry Authority must be one grade higher than the delinquent employee.

6. Appointment of Presenting Officer

The disciplinary Authority may when consider necessary nominate any Railway Servant as presenting officer, to present the case in support of charges before the Inquiry Authority. The presenting officer is mainly
appointed in complicated cases where the employees of different departments are involved (common proceeding) or in serious vigilance cases.Nomination of Presenting Officer is done on SF8.

7. Nomination of Assisting Railway Servant by the delinquent employee.

The delinquent employee is also given the facility to present his case with the Assistance of another Railway Servant (known as ARE) of the same zonal Railway. ARE may be a Retired Railway employee or an Office bearer of Railway trade union, but ARE should not be a professional Lawyer,

8. Inquiry

Preliminary Inquiry
Examination in Chief (main Inquiry )

Preliminary Inquiry .

The Inquiry officer should put up the following five questions to the charged employee which should be answered by the charged employee and not by his defence Council.

Q.1. Have you received charge sheet?
Q.2. Have you received/ inspected document mention in the charge sheet?
Q.3. Have understood the charges framed/ leveled against you?
Q.4. Do you accept the charges leveled against you?
Q.5. Are you prepared to commence with Inquiry?

If the charged employee gives the reply of all the above five questions in affirmation then disciplinary Authority will proceed for main Inquiry otherwise he will provide the required Assistance to the charged employee

Examination in Chief (main Inquiry )

The Inquiry officer will called witnesses for examination and cross examination one by one.

Examination of witness is done by the Inquiry officer/ presenting officer and after the examination, cross-examination is done by the delinquent employee or ARE. When the cross-examination is over, if the Inquiry Officer/ presenting officer wants to reexamine the witness then after reexamination of the witness the delinquent employee / ARE must be given opportunity to re-cross examine the witness, when the examination and cross examination of all the witnesses is over the delinquent employee must be asked to produced his defence witnesses. Defence witnesses will be examined by the delinquent employee or his ARE and cross-examined by the Inquiry Officer/ presenting Officer. During the course of Inquiry all relied upon documents shall be exhibited. After exhibiting all the relied upon documents the delinquent employee/ ARE should asked to produced his defence documents if he has any.

The Inquiry officer should particularly being to the notice of the charged employee of the evidence that have gone against the charged employee during the course of Inquiry and whether he has any thing to say against it. At the end of the Inquiry, the Inquiry officer should provide an opportunity to the charged employee to submit a defence, which may be oral or written. He can also be given a 10 days time for submission in case he wishes to give in writing. On receipt of delinquent employee defence the Inquiry should bear in
mind that he has no Authority to suggest the gravity of offence or penalty to be impose.

9. Submission of Inquiry report and finding

The Inquiry officer will submit his Inquiry report and finding to disciplinary Authority in Two copies.

10. Forwarding of Inquiry report and finding by the disciplinary Authority to the delinquent employee fot submission of his oral/ written final defence. Rule-10

After going through the Inquiry report and findings of Inquiry officer, if the disciplinary Authority wants to imposed any Minor/Major penalty upon the delinquent employee than he should forward a copy of Inquiry report and finding to the delinquent employee with a 15 days notice to submit his oral/written final defence.

11. Order of disciplinary Authority (speaking order)

On receipt of the final defence of the delinquent employee or where no defence is submitted than the disciplinary authority should wait for 15 days and after passage of 15 days disciplinary Authority should go through the entire
Inquiry report, findings written defence , if any submitted as after proper application of mind shall pass speaking order for imposition of penalty, if he wishes to impose any penalty.
Speaking order should contain in brief.
i) The charges laved against the delinquent employee.
ii) The basis on which each and every charge alleged has been proved or not proved.
iii) The reasons which make the disciplinary Authority conclude that imposition.
iv) The particular penalty commensurate date with the gravity of the offence and that meets the ends of Justices.

12. Communication of penalty to the delinquent employee. (Rule12)

The penalty imposed upon the delinquent employee shall be communicated to him on standard form along with a copy of the speaking order. Employee shall also be advised the period within which the appeal lies and to whom the appeal lies.

APPEALS

ORDERS AGAINST NO APPEAL LIES (Rule-17) :

1. Any order made by president.
2. Any order of an interlocutory nature.
3. Any order passed by I.O. in the course of an inquiry.

ORDERS AGAINST WHICH APPEAL LIES (Rule-18) :

1. An order of suspension
2. An order imposing any of the penalties under Rule-6.
3. An order enhancing any penalty.
(a) Denies or varies to his disadvantage his pay, allowance, pension, P.F. benefits & service gratuity.
(b) Interprets to his disadvantage the provision of any such rule or allegation.
4. An order -
(a) Stopping him at the efficiency bar in time scale of pay on the ground of his unfitness to crossbar.
(b) Reversion otherwise then a penalty.
(c) Reducing or with holding the pension.
(d) Reducing or with holding of the government contribution and special contribution to P.F. or gratuity.
(e) Determining the subsistence allowance or other allowances to be paid to him.
(f) Determining his pay and allowances.
    (i) For the period of suspension.
    (ii) For the period from the date of his dismissed, removal or compulsory retirement from service to the date of his restatement.
(g) Determination of period from the date of his suspension or from the date of his dismissal, removal or compulsory retirement to the date of his reinstatement shall be treated as a period spent on duty for any purpose.

APPEAL AUTHORITY RULE (Rule-19) :

A railway servant including a person who has ceased to be in railway service may prefer an appeal against all or any orders specified in Rule-18 to the authority specified in schedules.

1. It shall always be the authority next higher above the D.A.
2. Where such lower authority itself become the appellate authority due to it’s promotion, then the appeal shall lie to the next authority.
3. Subsequent transfer of railway servant will not change the appellate authority.
4. Where the punishment has been enhanced on appeal, appeal shall lie to next higher authority.
5. Higher authority who may have directed suspension is not barred to act as appellate authority.

TIME LIMIT FOR APPEAL (Rule-20) :

The appeal should be filled with in 45 days of the delivery of punishment of orders to the railway servants however the appellate authority may entertain a time barred appeal, if the railway servant can show sufficient reason for delay.

CONTENTS OF APPEAL Rule-21 :

The appeal must be addressed to the appropriate appellate authority only. Every person preferring an appeal shall do so separately and in his own name. It shall contain all material statements and arguments on which the appeal relies, shall not contain any disrespectful or improper language.
The disciplinary authority shall on receipt of a copy of appeal forward the same with it’s comments thereon together with the relevant record to the appellate authority without any delay.

CONSIDERATION OF APPEAL (Rule-22) :

The A.A. has a right to reject the appeal it does not contain all material statement or not in proper and respectful language the appellate in such cases may be directed to submit a properly worded appeal for consideration.
1. In the case of an appeal against order of suspension, the A.A. shall consider whether the order of suspension is justified or not and also under the provision of rule and confirm or revoke the order accordingly.
2. In case of an appeal against the penalty imposed under the said rule the A.A. shall consider.
(a) Whether the procedure laid down in rule has been followed or not.
(b) Whether the finding of the disciplinary authority are warranted by the evidence on the record.
(c) Whether the penalty or the enhanced penalty imposed is adequate /inadequate and pass orders -

Confirming, enhancing, reducing or setting aside the penalty.
If the A.A. proposes to impose the enhanced penalty in one of the penalty specified in clauses V to IX of Rule-6 and an inquiry under Rule-9 has already been held the A.A. shall make such order after giving an opportunity of making representation.
If an inquiry under Rule-9 has not already been held in the case, itself hold such inquiry or direct that such inquiry be held and there after on a consideration of the proceeding of such inquiry pass such order as it may deem fit.

IMPLEMENTATION OF ORDER IN APPEAL (Rule-23) :

The authority which made the order appealed against shell given effect to he order passé by the A.A.

SPECIAL PROVISION FOR NON GAZETTED STAFF (Rule-24) :

1. Where the penalty of dismissal, removal, compulsorily retired, reduction or with holding of increment has been imposed the appellate authority may at it’s discretion and if it considered it necessary, give the N.G. Railway servant a personal hearing before disposing of the appeal.
2. A group “C” railway servant who has been dismissed, removed or compulsorily retired from service after his appeal has been disposed of with in 45 days there after may apply to the G.M. for revision. In this application he may, if he chooses, request the G.M. to refer the case to the Railway Rates Tribunal for advice before he disposes of the revision petition.
3. A group “D” railway servant who has been dismissed, removed or compulsorily retired from service after his appeal has been disposed of within 45 days there after may apply to the DRM &where he is not under control of any DRM to the senior most administrative grade officer under whose control he may be working for a revision of the penalty. The revising authority shall there after dispose of the revision.

REVISION AND REVIEW

REVISION (Rule-25) :

Revision in disciplinary cases, only Railway Board G.M. & officer not below the rank of Deputy Head of Department or DRM are empowered to revise any order passed by an authority subordinate to them the revising authority may act as under-


An action to enhance the penalty shall not been initiated more than 06 months after the date of orders and more than one year after the date of the orders to be revised in case where it is proposed to reduce or cancel the penalty.
Reversionary power can be exercises both suo-moto or on consideration of a revision petition, however, suo-moto revision can be done subject to the time limits prescribed in Rules 25 (5).

Appellate authority can also exercise reversionary power when in case no appeal has been preferred in terms of Rule 25 ( I ) ( IV ) However for an appellate authority to exercise reversionary power, this authority has to be of the rank of DRM and above an authority up to the rank of ADRM can’t exercise reversionary powers if it happens to be the appellate authority in the case reversionary powers will be exercised by the appellate authority only for conducting suo-moto revision. The time limits laid down in Rule 25 (5) also apply in cases of revision done by the appellate authorities.
The revising authority has to be higher in rank than the appellate authority where
i. an appeal has been preferred or
ii. where the time limit prescribed for revision to be made by the Appellate Authority as laid down in Rule 25 (5) or RS (D&A) Rules has expired. The above stipulation does not apply to the revision made by president.

REVIEW (Rule-25 A) :

The president may at any time either is own motion or otherwise review any order passed under these rules-

STANDARD FORMS FOR USE IN DISCIPLINARY PROCEEDING

S.F No.                SUBJECT

1.                         Order of suspension.
2.                         Order of deemed suspension.
3.                         Certificate to be furnished by suspended Railway employee.
4.                         Revocation of suspension.
5.                         Charge sheet for major penalty.
6.                         Refusing of permission to inspect the documents.
7.                         Appointment I.O./Board of Inquiry.
8.                        Appointment of presenting officer.
9.                        Deleted
10.                      Disciplinary action in common proceeding.
10.(a)                 Appointment of inquiry officer in common proceeding.
10.(b)                 Appointment of presenting officer in common proceeding Charge sheet for minor penalty.
11.                     Charge sheet for minor penalty.
11.(b)                 Charge sheet for initiation of minor penalty in case where inquiry is essential.
11.(c)                 For making disciplinary action for minor penalty where the charge sheet for major penalty                               was initially issued.
12.                      Memorandum where action is proposed under Rule-14 ( i ).
13.                     Permission from president for action taking against the retire Rly. Employee.
14.                     Charge sheet for retired Railway employee.

CENTRAL ADMINISTRATIVE TRIBUNAL (CAT) & COURT CASES WITH SPECIAL REFERENCE TO FILING OF REVIEW PETITIONS, SLPS

CENTRAL ADMINISTRATIVE TRIBUNAL & COURT CASES WITH SPECIAL REFERENCE TO FILING OF REVIEW PETITIONS, SLPS

CAT - Established on 1.11.1985 - It is a forum appointed by a statute having powers to adjudicate on the matters falling within its jurisdiction. Only service matters are entertained after exhausting all departmental remedies.
Chairman - Sitting HC Judge (Judicial), 1 Administrative Member = 2 Members minimum structure

Aim - (1) Expeditious disposal of cases (2) Economical -

Excluded - Armed Forces, SC/HC/Secretariat staff of parliament
Principal Bench at NDLS - MAS SBC BOMBAY GUWAHATI CHANDIGARH JAIPUR JBP COCHIN CCC PATNA ADI JODHPUR KUTTACK HYB ALD LKO

Action on receipt of application by Admn. -

1) To see limitation
2) To send it to concerned Branch for remarks
3) After receipt of remarks from concerned branch scrutinize it in view of law points/procedural lapse
4) To send it to Rly. Advocate for final draft
5) Attend dates for hearing

Send it to RB if SLP is to be filed

Writ Petition in HC - from Nov. 98 - When CAT judgement is against Rly. Administration, writ petition can be filed in High Court.
Spl. Leave Petition is filed along with application for stay condonation of delay within a period of 3 months from the date of judgement of HC where appeal is to be filed in SC against judgement of HC.
Review Petition - When there occurred apparent mistakes in judgement, such petition is not heard in open court but disposed of by circulation and decision is intimated to the parties. Such petition should be filed within a period of one month from the date of judgement.
Engagement of advocates - High Courts - Enquiry from Ministry of Law and Justice/Sr. Central Govt. Council/ President of Bar Association/Eminent council practicing in HCs/Advocate General. Separate panels for Senior and Junior Advocates. Once in 3 years panel be drawn according to workload. 1 ½ times Advocates be recommended to RB for empanelment Qualification/Age/Experience/Performance of Advocate should be indicated. Zonal Rly. Should forward recommendation to the Legal Advisor of Board and make appointments out of these panels only.

Appointment of Advocates in Subordinate courts On the basis of independent enquiry Cross check with DM or Sr. Most Judge or Government Advocate
GM will be the final authority
Payment of fees to them
Original Suit in Sub-Ordinate Court and High Court
Contested cases - Fee payable as per Court Schedule
Cases settled out of court
Rs. 30/-per adjournment subject to maximum of 50% of schedule if settlement is made before Issue
-do- after Issue before recording of evidence
75% of the Schedule if settlement of suit is made after recording evidence
Full fee settled after the hearing of the case is concluded and before judgement is declared.
Appeals in Sub-ordinate Courts and High Courts
Contested cases - Fee payable as per Court Schedule
Cases settled out of Court
1/3 of the fee if settled before argument
2/3 -do- during argument
Full Fee if settled after hearing of the case is conducted and before judgment is delivered.
Civil Revision Petitions in HCs
Contested cases - Payment shall be fixed by HC subject to Minimum of Rs.500/-
Cases settled out of Court - Same as above
Writ Petitions/Appeals in High Courts
Contested cases - Fee Rs. 350/- for each Writ Petition/Appeal. If Writ Petition/Appeal is heard together in batches, the fee payable shall be Rs.350/- for the Main Petition/Appeal and Rs.50/- for each of other Petition/Appeal.