Termination of Service and Technical Resignation

  • The rules for termination of service are elaborated in Chapter 3 (Termination of Service) of Indian Railway Establishment Code Vol I.
  • Permanent railway servants -Show cause notice is necessary for the termination of the service of permanent railway servants.
  • Temporary railway servants - For Temporary railway servants one month notice will apply if  he was engaged on a contract for a definite period and the contract does not provide for any other period of notice and a notice of 14 days if he was not engaged on a contract. Temporary railway servants with over three years continuous service, shall be entitled to a month notice. The periods of notice shall be applicable to either side.
  • Apprentices - The services of an apprentice can be terminated on one week notice, except otherwise provided in the service agreement.
  • Probationary officers and Group A & Group Brailway servants on Probation - 3 month notice.
  • Gazetted railway servants on probation in the Medical department - 1 month notice.
  • Group C and Group D railway servants on probation  -1 month notice.
  • These notices  are not required in cases of dismissal or removal as a disciplinary or compulsory retirement due to mental or physical incapacity. 
  • The services of a Railway staff can also be terminated without notice or a shorter notice. In this case the employee should be paid a sum equivalent to the amount of his pay plus allowances for the stipulated period of notice at the same rates at which he was drawing them immediately before the termination of his service, or for the period by which such notice falls short of the stipulated period of notice.  
  • The notice of termination of service or order of forthwith termination of service under this rule should be given by an authority not lower than the appointing authority.
  • No notice of termination will be necessary if a Railway employee remained absent on extraordinary leave beyond 5 years for whom no show cause notice is required.

Resignation

  • Technical Resignation - Resignation submitted by the Railway employees on permanent absorption in PSUs is to be taken as Technical Resignation.
  • The rules for resignation are elaborated in Chapter 3 (Termination of Service) of Indian Railway Establishment Code Vol I and Indian Railway Establishment Manual Vol I Rules 1403-1407.
  • When a Railway servant working in an important post want to resign, the resignation will be accepted only after alternative arrangements have been made to fill the post.
  • The resignation of a railway servant whose conduct is under investigation shall not be accepted without the sanction of the authority competent to dismiss him.
  • Resignations of Group A & B railway servants, other than those holding administrative posts, serving on railways may be accepted by the General Manager.
  • The resignation submitted by Group A probationers of different services undergoing probationary training in various Centralized Training Institutes may be accepted by the Heads of Centralized Training Institutes .
  • Resignation of all other Group A & B railway servants on Indian Railways/Production Units shall be forwarded to the Railway Ministry.
  • Resignation of a Group C & D Railway servant may be accepted by the authority competent to fill the post held by him at the time of resignation.
  • The lien of a permanent Railway servant appointed under another Central /State Government  or office  may be retained on the Railway for a period of two years.  If he is not permanently absorbed within this period  in the new post, he should immediately on expiry of the said period, either resign from the Railway service or revert to his parent office. 
  • A government servant who had originally joined government service prior to 1.1.2004 apply for posts in the same or other departments and on selection he is asked to render technical resignation the past services are counted towards pension under CCS(Pension) Rules, 1972/ Railway Services (Pension) Rules –1993 and he will be covered by these rules.
  • Holiday Home facility & Pass- Facility of holiday homes as extended to retired Railway employees will also be available to the employees who resign technically from railway service for the purpose of permanent absorption in Public Sector Undertakings /Autonomous Bodies and are entitled to Post-Retirement Complimentary Passes(subject to minimum service conditions).
  • Medical - Railway employees on Technical Resignation should be permitted to join RELHS-97 subject to fulfillment of the conditions.
  • Leave - 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. 
  • Where a railway servant who has been granted leave not due resigns from service or at his request permitted to retire voluntarily without returning to duty the leave not due shall be cancelled, his resignation or retirement taking effect from the date on which such leave had commenced and the leave salary shall be recovered. (528 of IRCM)

Ref:

  • Indian Railways Establishment Code Volume- I
  • Indian Railways Establishment Manual Volume-I
  • Bd’s letter No. E[NG]II/68/AP/6 dated 19-5-72 , E[NG] II-69/AP/21 dated 7-3-75 and E[NG]I-96/AP/2 dated 18-12-2000
  • Board’s letter No. 2004/AC II/21/1 dated 22.6.04 (RBE No.19/04)
  • Bd's letter No. E[W]2008/WE-2/8 dated 13.08.2008   (RBE No.96 /08)
  • Copy of Board’s ltr. No. F[E]III/2005/PN1/35 dated 04.11.2009 (RBE No.196/09)
  • Copy of  Department of Pension and Pensioners’ Welfare [DOP&PW]’s O.M. No. 28/30/2004-P&PW[B] dated 28th October, 2009
  • Board’s ltr. No. 2007/H/28/1/RELHS/Misc dated 30.11.2009    S.No.8 Health/2009

Comments

khanamirmd

Sun, 21/10/2018 - 22:10

hello sir, i have completed 5 years working as a je in indian railways. Now i am preparing for another gov exam which is of same grade pay as my current grade in railway. will railway provide me NOC at the time of interview if i get selected at the next place or what procedure i will have to follow if railway doesnt provide me NOC but still i have to resign. kindly revert