Government of India Ministry of Railways Master Circular No. 30 FORWARDING OF APPLICATIONS FOR POSTS OUTSIDE RAILWAYS CONTENTS No. Subject 1. Background 2. Forwarding of Applications to Central Government Departments/Public Sector Undertakings/Semi-Govt./ Autonomous Bodies 3. Rules for CCE and CES Candidates 4. Rules for Forwarding of Applications of Non-gazetted staff who have not completed minimum period of service 5. Forwarding of Applications to private concerns 6. Retention of lien of Railway servants who get selected for posts in other Central Government Departments/ Public Sector Undertakings/ Autonomous Bodies etc. 7. Forwarding of Applications of Railway servants involved in vigilance cases/disciplinary cases etc. 8. Forwarding of Applications to International Organisation 9. Forwarding of Applications for posts in State Government 10. Forwarding of Applications to U.P.S.C. 11. Granting of “No-Objection Certificate” for registering in the Employment Exchanges 12. Authorities competent to forward applications 13. Number of opportunities allowed 14. General List of Railway Boards Letters on which the MC has been compiled Particulars Reference Date Issue of “No Objection” Certificates in favour of employed personnel MHA OM. No. 71/27/56-CS(C) 04.04.1956 Acceptance of Employment as contractors or as employees of contractors by Engineers and other officers of Gazetted Rank of Engineering Department after retirement E566EM113/3 31.01.1959 Forwarding of applications from serving Railway employees for posts outside Railways. E(NG)57RC1/56 21.01.1961 Acceptance of employment as contractors or as employees of contractors by Engineers and other officers of Gazetted rank of Engineering Department after retirement. E(G)60 EM6-5 15.02.1961 Particulars Reference Date Issue of “No Objection” Certificate in favour of serving personnel to enable them to seek higher posts through the Employment Exchange MHA OM. No. 714/68/60-Estt (D) 08.01.1962 Forwarding of applications from serving Railway Employees for posts outside Railway. E(NG)65RC1/186 29.01.1966 Government servants involved in disciplinary proceedings – Forwarding of applications for foreign assignments etc and sending on deputation of MHA OM No F/39/17/63-Estt(A) 06.09.1968 Government servants involved in disciplinary proceedings – Forwarding of applications for foreign assignments etc and sending on deputation of E(D&A)68RG 6-39 08.10.1968 Forwarding of applications and retention of lien of Railway servants who get selected for posts in other Central Government Departments / autonomous bodies etc. E(NG)II/68/AP/6 04.12.1968 Forwarding of applications of Railway servants for posts advertised by Foreign Governments/ Foreign Embassies in New Delhi—Procedure regarding E(NG)II/68/AP13 10.10.1969 Issue of, “No Objection” Certificate in favour of serving personnel to enable them to seek higher posts through the Employment Exchange MHA No 14/1/69 Estt (D) 29.07.1970 Issue of “No objection” certificate in favour of serving personnel to enable them to seek higher posts through the Employment Exchange E(NG)II-70-APII 22.02.1971 Applications of Government servants for outside employment – Applications forwarded in response to UPSC advertisements for competitive/depart-mental examinations not to be counted against the permissible number of four opportunities in a year Cabinet Secretariat O.M. No. 8/22/71-Est.(C) 16.10.1971 Forwarding of applications and retention of lien of Railway servants to get selected for posts in other Central Government Departments / autonomous bodies etc E(NG)II-68-AP/6 19.05.1972 Particulars Reference Date Resignation from Service—Procedure in respect of E(NG)II1701RG11 24.06.1972 Forwarding of applications of Railway servants for posts in private firms—Question whether they should be asked to resign or give notice of retirement from service before applying for a post in private firms E(NG)II-71/AP17 25.07.1972 Forwarding of application and retention of lien of Railway servants who get selected for post in other Central Government Deptts./Autonomous Bo dies etc E(NG)II-72-AP/21 07.08.1972 Forwarding of applications of Railway servants for posts under the State Government — Procedure for E(NG)II-69AP/21 07.03.1975 Forwarding of application and retention of lien of Railway servants who get selected of posts in other Central Government Deptts/PSUs/Autonomous Bodies/State Governments etc. but not returning to parent Railway/Departments E(NG)II-73AP/ 21 18.09.1975 Forwarding of applications for other posts — Principles regarding DOP OM. No 11012110175 Estt(A) 18.10.1975 Forwarding of applications for other posts Principles regarding – Railway servants involved in disciplinary proceedings E(D&A) 75 RG 6-45 09.01.1976 Issue of “No Objection” Certificate in favour of serving personnel to enable them to seek higher post through the Employment exchange DOP & AR O.M No 14074/4/77-Estt (D) 04.07.1977 Forwarding of application of Government servants in response to advertisements by UPSC for competition MHA OM. No. 42015/3/77-Estt.(C) 25.02.1978 Forwarding of application of Government servants in response to advertisements by UPSC for competition MHA OM No 42015/3/77 Estt (C) 25.02.1978 Forwarding of application of Government servants in response to advertisements by UPSC etc MHA OM No. 41016/9/7 8-Estt 10.08.1978 Particulars Reference Date Forwarding of applications of Railway employees for posts advertised by the U.N. Agencies/other International Organisations E(NG)II/78/AP/13 19.08.1978 Forwarding of applications for other posts-principles regarding – Railway servants involved in disciplinary proceedings E(D&A) 75 RG 6-45 19.10.1978 Forwarding of applications to U.P.S.C. from candidates serving under Government DOP & AR, OM. No. 42015/4/78-Estt(C) 01.01.1979 Forwarding of applications from Railway servants to UPSC E(NG)II/79/AP/2 31.01.1979 Forwarding of applications from serving Railway employees for posts outside the Railways – Refund of cost of training E(NG) II/77/AP/6 09.02.1979 Forwarding of application of Government servants in response to advertisements by UPSC for competition E(NG)II/78/AP/1 27.02.1979 Issue of “No Objection” Certificate in favour of serving personnel to enable them to seek higher post through the Employment exchange E(NG)II/77/AP/22 21.06.1979 Delegation of powers to the General Managers – Revision of Appendix VII — G. II E(NG)II/79/AP/9 03.07.1979 Grant of No Objection Certificate to serving personnel to enable them to seek higher posts through the Employment Exchange DOP OM. No. 14024/7/79-Estt(D) 19.12.1979 Issue of “No Objection” Certificate in favour of serving personnel to enable them to seek higher post through the Employment Exchange E(NG)I/80/AP/1 04.02.1980 Forwarding of applications from serving Railway employees for posts outside the Railways — Recovery of cost of training and enforcement of bond E(NG)I-84/AP/9 11.04.1986 RBE 62/86 Recovery of cost of training from Railway employees securing appointment outsidethe Railways E(NG)I-84/AP/9 01.05.1986 RBE 309/85 Particulars Reference Date Forwarding of application and retention of lien of Railway servants who get selected for posts in other Central Government Deptt./effect on their leave E(NG)I/87/AP/1 19.01.1989 RBE 24/89 Other Railway Boards Letters on the Subject Link to Chapter 14 of IREM Vol. I Original Orders/Circulars from which Consolidation has been made 1. No. E (NG) 57RC1/56 dated 21.01.1961 1A. No. E566EM113/3 dated 31.01.1959 1B. No. E(G)60 EM6-5 dated 15.02.1961 2. No. E(NG)65RC1/186 dated 29.01.1966 3. &4. No. E(D&A)68 RG 6-39 dated 08.10.1968 alongwith copy A Ministry of Home Affairs O.M. No. F/39/17/63-Estt. No. (A) dated 06.09.1968 5. No. E (NG) II/68/AP/6 dated 04.12.1968 6. No. E (NG) II /68/AP13 dated 10.10.1969 7. Cabinet Sectt. O.M. No. 8/22/71-Estt(C) dated 16.10.1971 8. No. E (NG) II-70-AP/I dated 22.02.1971-alongwith copy of M.H.A., O.M. No. 14/1/1969-Estt. (D) dated 29.07.1970. O.M. No. 71/27/56-CS(C) dated 04.04.1956. O.M. No. 14/68-EstL (D) dated 08.01.1962. 9. No. E (NG) II/68/AP/6 dated 19.05.1972 9A. No. E (NG) II/70/RG/1 dated 24.06.1972 10. No. E(NG)n-71/AP/7 dated 25.01.1972 11. No. E (NG) II-72-AP/21 dated 07.08.1972 12. No. E (NG) II-69/AP/21 dated 07.03.1975 12A. No. É(NG)II/73/AP/21 dated 18.09.1975 13. No. E(D&A) 75 RG 6/45 dated 09.01.1976 14. Ministry of Home Affairs’s (Admn. Reforms) O.M. No. 11012/107/5 Estt. (A) dated 18.10.1975 15. No. M.H.A. O.M. No. 42015/3/77-EstL(C) dated 25.02.1978 16. No. E (NG) II/78/AP/13 dated- 19.08.1978 17. No. E(D&A)/75 RG 6-45, dated 19.10.1978 18. E (NG) II/79/AP/2 dated 31.01.1979 19. D.O.P. O.M. No. 42015/4/78-Estt(A) dated 01.01.1979 20. No. E (NG) II/77/AP/ 6 dated 09.02.1979 21. No. E (NG) ITO/AP/1, dated 27.2.1979 alongwith M.H.A., O.M. No. 42015/3/77-Estt (C) dated 25.02.1978 Cab. Sectt. O.M. No. 8/22/71-Ests.(C) dated 16.10.1971 M.H.A. O.M. No-. 41016/9/78-Estt. (C) dated 10.08.1978 22. No. E (NG) II/77/AP/22 dated 21.06.1979 alongwith D.O.P., O.M. No. 14074/4/77-Estt (D) dated 04.07.1977. 23. No. E (NG) II/79/AP/9 dated 03.07.1979 24. DOP’s O.M. No. 14024/7/79-Estt (D) dated 19.12.1979 25. No. E(NG)V80/AP/1 dated 04.02.1980 26 No. E(NG)1-86/AP/9 dated 11.04.1986; RBE 62/86 27. No. E (NG) I-84/AP/9 dated 01.05.1986; RBE 309/85 alongwith the letter No. E/SIG/1140/26 Vol dated 29.09.1984 28. No. E (NG) I/87/AP/1 dated 19.01.1989; RBE 24/89 FORWARDING OF APPLICATIONS FOR POSTS OUTSIDE RAILWAYS At present, the instructions relating to the procedure for forwarding of applications from serving Railway employees for posts outside the Railways are scattered in a number of office circulars/orders issued from time to time. The question of consolidation of these existing circulars/ orders into one Master Circular has been under the consideration of the Ministry of Railways (Railway Board). They have now decided to issue a consolidated order on the subject of “forwarding of applications of Railway employees for posts outside the Railways” as below for the information and guidance of all concerned: 2. Forwarding of applications to Central Government Departments/Public Sector Undertakings/ Semi-Govt./ Autonomous bodies: 2.1 Railway employees whether permanent or temporary, may be given four opportunities in a year to apply for posts in Government Departments / Public Sector Undertakings/Autonomous Bodies wholly or substantially financed and controlled by Central or State Government. However, the General Managers/Head of Departments may withhold applications if they feel that in the public interest, it is not possible to release the Railway servant concerned for a post outside the Railways. Note: Board’s instructions contained in their letter no. E (NG)/57/RCl/ 56 dated 21.01.1961 regarding forwarding the applications of Railway employees trained at Railways expense, have been superseded with the issue of the instructions contained in their letters No. E (NG) II/77/AP/6 dated 09.02.1979; E (NG) II / 79 / AP / 9 dated 03.07.1979; E (NG) II/78/AP/1 dated 27.02.1979; E (NG) I/84/AP/ 9 dated 11.04.1986 etc.) 2.2 While it is not feasible to define “public interest” the authorities should interpret the term strictly and subject to the condition that forwarding of applications should be the rule rather than the exception and the decision should be taken at appropriate level. In taking the decision to withhold the application, the authority has to balance the interests of the State against the necessity of causing hardship to the individual. This discretion should be applied with utmost objectivity and not mechanically. White it is not feasible to lay down specific exhaustive guidelines for withholding of applications in public interest, some of them can be listed illustratively, as follows: (a) The officer concerned is engaged on important time bound project and the work would be seriously “distorted if he is relieved; (b) The Railway servant is applying for a post which is equivalent in status and work. (c) Railway servant is facing departmental proceedings/court prosecution/under suspension. 3. Candidates who after qualifying in the Combined Competitive Examination (IAS)/IFS etc)and the Combined Engineering Services Examinations held by the UPSC have accepted appointment in Group “A” (Class-I) Service on Railways should be permitted to appear in subsequent examination for IAS, IFS, etc. examinations to better their prospects, if they are otherwise eligible. They will not be required to refund the cost of training. This will not apply to Special Class Railway Apprentices recruited through the UPSC. [No. E (NG)/57/RCI/56 dated 21.01.1961; E (NG) II/77/AP/6 dated 09.02.1979] 4.In the case of non-gazetted employees who have received “induction training” (and not the training in an avocation) and who leave Railway service with proper prior permission of the competent authority before completing the minimum period of service in terms of the agreement/bond to join employment under the Central Government, a State Government a Public Enterprise wholly or partly owned by the Central Government or a State Government or an autonomous body wholly or substantially owned/financed/controlled by the Central Government or a State Government a fresh bond should be taken from such employees to ensure that they serve the new employer for the balances of the original bond period. With a view to ensuring that the requirement of obtaining a fresh bond from a person, where necessary is fulfilled the Railway Administration with whom the employee has executed the original bond, may at the time of forwarding of his application (and if it is not possible, before his release) for another post, may write to the Department/Organisation under whom the employee intends to take up another appointment, intimating them about the bond obligation of the individual and clarifying that in the event of his selection for the new post, his release will be subject to the condition that the new department/organisation obtains from him a fresh bond binding him to serve them for the balance of the original bond period, and in case he fails to serve the bond period, for a job, where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the Railway Administration, with whom he had originally executed a bond. The Ministry / Department / Organisation, where the person is newly employed, should also duly intimate the original Ministry/Department/Organisation, the fact of a fresh bond having been executed by the person concerned. A doubt has been raised whether the word “training” in the above context covers apprenticeship and whether exemption from recovery of expenses, as laid down in these instructions, includes payments made to an individual in the shape of training allowance or stipend. It is clarified that these instructions are not restrictive but cover all aspects of training including apprenticeship. It is further clarified that exemption from recovery of expenses applies to all types of expenditure direct or indirect including payments made as training allowance or stipend. These instructions will also apply to cases where a Railway employee has been selected for a post/service (other than the private employment), for which he had applied before joining the Railway, with whom he has executed a bond. Notes:(a) These instructions i. e. enforcement of Bond in respect of Central Government servants who leave service to secure employment elsewhere, would be applicable to all the Railway employees including Gazetted Officers, Probationers and Special class Railway Apprentices during apprenticeship training, probationary period and also where they are occupying working posts. (b) Applications from serving employees for employment elsewhere submitted otherwise than in response to advertisements or circulars inviting applications should not be forwarded by the Railway Administrations. [No. E (NG) /65/RCI/I/86 dated 29.01.1966; E (NG) II/77/AP/6 dated 09.02.1979; E (NG) II/79/AP/9 dated 03.07.1979 and E (NG) I/84/AP/19 dated 11.04.1986} 5. Forwarding of applications to private concerns: 5.1 When a Railway employee desires to apply for a post in a private concern, he should first offer to resign or retire from Railway service. 5.2 In this connection, it is clarified that a Railway servant should make up his mind before he applies for a post in the private sector whether he would resign from Railway service or would retire therefrom ( if he is eligible to do so). He should accordingly submit his resignation or give notice of retirement, as the case may be, before applying for private employment. In the case of those who resign from service, it might take some time for the competent authority to issue formal order accepting the resignation. Similarly, in the case of those who give notice. of retirement from service, retirement would be effective only on expire of the notice period. Therefore, while tendering resignation from service or giving the requisite notice or retirement, the employee may ask for permission to apply for employment in the private, sector pending the acceptance of resignation or the expiry of the notice of retirement, as the case may be. While considering the request for such permission, the competent authority should keep the following points in view: In the case of an employee who tenders his resignation the competent authority should not grant permission to him to apply for private employment, or accept the resignation unless it is satisfied that his retention in service is not necessary in the public interest. In this connection, attention is also invited to the instructions contained in Board’s letter No, E (NG) II/70/RG/1 dated 24.06.1972 and the provisions of Rule 302-RI (85 Edition). 5.3If it is decided to accept the resignation pending the issue of a formal order, accepting the resignation after going through the necessary formalities, the employee concerned may be given permission to apply for private employment. There is no Question of the Railways Forwarding the Application to the Private Firm. Where it is decided not to accept the resignation, permission to apply for private employment would not be granted to the individual. 5.4 In the case of such of those who are eligible to give notice of retirement and who want to retire from service as already stated, they should give the requisite notice of retirement. If they seek permission to apply for private employment during the notice period, the same may be accorded by the competent authority. If the permission is given, it should be made clear to the individual that the permission for applying private employment does not imply grant of permission for taking up commercial employment after retirement. The grant of this letter permission would be governed by provisions of Rules 2622 (CSR 531-B) R-II where applicable. 5.5 If the application is for post in an organisation with which the Railway employee has had dealings in his official capacity, the provisions contained in Railway Board’s letter no. E 56EM1/13/3 dated 31.01.1959 read with letter no. E (G) 60/EM6/5 dated 15.02.1961 will apply. [Nos. E (NG) 57RC1/56 dated 21.01.1961; E (NG) II/71/AP-7 dated 25.07.7972] 6. Retention of lien of Railway servants who get selected for posts in other Central Government Departments/Public Sector Undertakings/Autonomous Bodies etc.: 6.1 In the case of permanent Railway servants, their lien may be retained in the parent department/office for a period of two years. If the Railway servant concerned is not permanently absorbed within a period of two years from the date of his appointment in the new post, he should immediately, on expiry of the said period of two years, from the date of his appointment in the new post either resign from Railway service or revert to his parent office. An undertaking to abide by these conditions may be taken from them at the time of forwarding their application to other Department/Office, etc. 6.2 When a permanent Railway servant has joined a Central Government Department/ Office or a Public Sector Undertaking/Autonomous Body, etc. where he is not confirmed within a period of two years due to delay in converting temporary posts into permanent ones or due to some other reasons, he may, in exceptional cases, be permitted to retain lien/administrative lien in the Parent Department/Office for one more year. While granting such permission a fresh undertaking similar to the one indicated in sub-para l above may be taken from the Railway servant concerned. 6.3 Temporary Railway servants will be required to sever connections with the Railways in case of their selection for the outside post. 6.4 In the case of Railway servants, who join the Public Sector Undertakings / semi-Government Organisations, etc. on their own volition, the leave salary and pensionary contribution should be paid either by the undertaking/organisation concerned or by the Railway servant concerned himself. 6.5 In this connection, the following procedure/action may be followed/taken in cases of forwarding of applications/default by the Railway servant in making the contributions: (i)Before actually allowing a Railway servant to take up appointment with a Public Sector Undertaking/Organisation, the question of liability to pay leave salary and pensioner’s contribution should be settled by correspondence with the Undertaking/Organisation; (ii)In case the Undertaking/Organisation is not agreeable to pay these dues, an agreement should be entered into with the Organisation, with the consent of the Railway servant for regular recovery of service contributions from his pay and remittance to the Railways; (iii)In case the arrangement at (ii) above does not materialise, the Railway servant may be relieved on a specific undertaking, that he would deposit the service contributions with the Railway regularly.He may also be warned that if he fails to do so, he would be liable to be recalled for breach of the undertaking. 6.6 In case of failures to deposit service contributions regularly, the Public Sector Undertaking etc. should be asked to return the Railway servant. It is necessary to take swift action in this matter so that arrears to service contributions do not fall in heavy accumulations. On return to the Railways the contributions as due may be recovered from him. Disciplinary action if any considered necessary may also be taken against such defaulting Railway servants. 6.7 If despite the undertaking given by the Railway employee in terms of Board’s letter No. E (NG) II/68/AP/6 dated 04.12.1968 the employee does not either revert back or resign after the expiry of the period for which lien/administrative lien is retained and does not obey the directions given by the Railway Administrations, suitable disciplinary action should be taken against such an employee for violating the agreement/undertaking given by him at the time of forwarding of his application. 6.8 To avoid difficulties in filling up permanently the posts on which Railway servants who had gone on their own volition to other Departments / Organisations hold lien or administrative lien, the Railway Administration may suspend such a Railway servant’s lien and nil up that post on Provisional basis. [No. E (NG) 57/RC1/56 dated 21.01.1961; E (NG) II/68/AP/6 dated 04.12.1968; E (NG) II/68AP/6 dated 19.05.1972; E (NG) II/72/AP/21 dated 07.08.1972 and E (NG) II/73/AP/21 dated 18.09.1975] 7. Forwarding of applications of Railway servants involved in vigilance cases/disciplinary cases etc.: 7.1.Cases of Railway servants who are under suspension or against whom departmental proceedings are pending: — Applications should not be forwarded nor should they be released for any assignment scholarship, fellowship, training, etc. under an international agency/ organisation or a foreign Government. Such Railway servants should also not be sent or allowed to go on deputation or Foreign Service to posts under an authority in India. 7.2 Applications of Railway servants on whom the penalty of withholding of increments or reduction to a lower stage in a time scale or to a lower time scale or to a lower service, grade or post has been imposed should not be forwarded nor should they be released during the currency of the penalty for any assignment under an international agency/organisation of a foreign Government. Such Railway servants should also not be sent or allowed to go during the currency of the penalty on deputation or Foreign Service to posts under an authority in India. Even after the expiry of the penalty, it will have to be examined, having regard to the nature of the offence and the proximity of its occurrence, whether the Railway servant concerned should be permitted to go on assignment/ deputation to another department/foreign service to an authority in India. 7.3 Applications of Railway servants for other posts should not be forwarded when disciplinary proceedings against them are contemplated, whether for a major penalty or for a minor penalty. In other words, when the conduct of a Railway servant is under investigation and the investigation has reached a stage at which a prima facie case can be made out against the Railway servant but formal charge-sheet is yet to be issued, the application of such a Railway servant should not be forwarded. Thus, where the disciplinary cases are actually pending, question of forwarding of application does not arise. 7.4 Where the case against a Railway servant is only at the investigation stage and no prima fade case has been established against, him, the controlling authority may forward his application without any comments with regard to the case against him except stipulating that the controlling authority reserves the right not to release the official, if necessary. If by the time the offer comes, the preliminary investigations are not over, the controlling authority should decide whether to release the official or detain him in Public interest. [No. E (D&A) 68/RG6/39 dated 08.10.1968 circulating MHA’s OM No F/39/17-63 Estt (A) dated 06.09.1968; E (D&A) 75-RG6/45 dated 09.01.1976 circulating DOP/s OM No. 012/107/5- Estt. (A) dated 18.10.1975 and E (D&A) 75/RG6/45 dated 19.10.1978] 8. Forwarding of applications to International Organisations: 8.1 Applications submitted by Railway servants in response to advertisements issued by U.N. Agencies, etc. in newspapers should not be forwarded. 8.2 Where a Railway employee applies on his own volition for a post under a foreign Government/U.N. Agency, he should mention in his application seeking permission that on his securing appointment under the foreign Government, he would resign or retire from Railway service, if his retirement is due under normal rules. On receipt of his application, the competent authority should examine and decide whether permission should at all be granted to him. If, after due consideration, permission is accorded, the Railway employee may be informed and advised to apply for the post direct. There is no question of the Railways forwarding an application in such cases as it might give an impression that the Government is sponsoring the individual for the post under foreign Government. [No. E (NG) II/78/AP/13 dated 19.08.1978 and E (NG) II/68/AP/13 dated 10.10.1969] 9. Forwarding of applications for posts in State Government 9. lThe following procedure may be followed in respect of the Railway servants who apply for posts under the State Government on their own volition in response to advertisements or circulars including those by State Public Service Commissions : (i) Temporary Railway servants should as a matter of rule be asked to resign at the time of release from the parent department/office. An undertaking from them to the effect that in the event of selection for posts applied for they will resign from their posts may be taken from them at the time of forwarding of applications. (ii) In respect of permanent Railway servants the terms on which the Railway servant goes over to a post under a State Government may be settled mutually between the Railway Administration and the State Government concerned. (iii) The permanent Railway servant should either revert to the parent department/office within the period of two years or resign from the parent department/office at the end of that period. (iv) An undertaking to abide by these conditions may be taken from permanent Railway servant at the time of forwarding their applications. (v) In exceptional cases, where it would take sometime for the State Government to confirm the Railway servant due to administrative reasons, the permanent Railway servant may be permitted to retain his lien/administrative lien for one more year. White granting such permission, a fresh undertaking similar to the one in Paras (iii) & (iv) above may be taken from the Railway servant concerned. (vi) No deputation allowance as such will be admissible in such cases. (vii)While forwarding the applications to the State Government concerned, it should be made clear that the Railway servant, if selected for appointment, will be permitted to join the State, Government on the terms and conditions contained in Board’s letter no. E (NG) II/69/AP/21 dated 07.03.1975. [No. E (NG) II/69/AP/21 dated 07.05.1975] 10. Forwarding of applications to U.P.S.C.: 10.1 Persons already in Railway service who wish to appear at a competitive examination conducted by the UPSC or wish to apply for a post, recruitment to which is proposed to be made by selection through the UPSC, may submit their completed applications in the prescribed printed form direct to the Commission. They should, however, immediately inform the Head of their Office/Department giving details of the examination/post for which they have applied requesting him to communicate his permission to the Commission directly. In case the Head of Office/Department considers it necessary to withhold the permission, he should inform the Commission within 30 days of the closing date for the receipt of the applications. In case no such communication is received from the Head of Office/Department, it shall be presumed by the Commission that there is no objection on the part of the employing Department to the candidature of the Railway employee in question to be considered by the Commission. 10.2 Where both permanent scientific and technical and non-scientific and non-technical Railway employees apply for posts in response of UPSC advertisements, it shall not be counted against four opportunities allowed in a year for forwarding of applications. [No. E (NG) 57/RCI/56 dated 21.01.1961; E (NG) II/79/AP/2 dated 31.01.1979, DOP’s OM No. 42015/4/78 Estt (a) dated 01.01.1979; E (NG) II/78/AP/l dated 27.02.1979 and DOP’s OM No. 42015/9/77 Estt(C) dated 25.02.1978] 11. Granting of “No Objection Certificate” for registering in the Employment Exchanges: 11.1 No Objection Certificate may be issued to permanent Railway employees for registering their names with the Employment Exchange for seeking higher posts. 11.2 The lien in their case will be allowed for a period of two years only, which in exceptional circumstances, be extended by one year at the most with the prior concurrence of the appointing authority of the parent cadre/post. 11.3 No objection certificate can be granted subject to the following conditions: — (i)The Railway employee should register only for a post higher than the one he is holding under the Railways. In case of doubt as to whether the post for which a permanent Railway employee intends to register his name with the Employment Exchange is higher than the one he is holding under the Railways, the decision of the HOD/Department shall be final. (ii)On being selected for appointment by the Government Department / Public Sector Undertakings/Autonomous Body for the higher post, he may be treated as on deputation/foreign service. (iii)Once an employee has reverted to the parent Department after spending the permissible period outside, he should not be allowed to register his name once again for a period of at least two years. 11.4 No Objection Certificate may also be issued to the temporary employees who desire to seek equivalent posts elsewhere for registering their names with the Employment Exchanges subject to the conditions that they will resign their post on the Railways before joining the new assignment. [No. E (NG) II/70/AP/1 dated 22.02.1971; E (NG) I/80/AP/1dated 04.02.1980; DOP’s OM No. 14024/7/79 Estt. (D) dated 19.12.1979 and E (NG) III/77/AP/2 2 dated 21.06.1979] 12. Authorities competent to forward applications: 12.1 Applications of staff and officers below Jr. Administrative Grade may be forwarded by the G.M. or by the lower authority to whom he may further delegate these powers. When, however, the lower authority decides to withhold an application, it should be done only with .the approval of the GM or the HOD. 12.2 Applications of officers of the JA Grade and above may be forwarded to the Railway Board for disposal. 13. Permanent scientific and technical and non-scientific and non-technical Railway employees may be given four opportunities in a year to apply in response to advertisements or notices of Government Departments/Public Sector Undertakings/Autonomous Bodies except where withholding of any such application is considered necessary by the competent authority in the public interest. [Cabinet Sectt. OM. No. 8122171-Estt. (C) dated l6.10.71 and E (NG) II/78/ AP/ 1 dated 27.02.1979] 14. General: (a) While referring to this circular, the original letters referred to herein should be read for a proper appreciation. This circular is only a consolidation of the instructions issued so far and should not be treated as a substitution to the originals. In case of doubt, the original circular should be relied upon as authority. (b) The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifically indicated otherwise in the concerned circular. For dealing with old cases, the instructions in force at the relevant time should be referred to; and (c) If any circular on the subject, which has not been superseded, has not been taken into consideration while preparing this consolidated letter, the said circular, which has been missed through oversight should be treated as valid and operative. Such a missing circular, if any, may be brought to the notice of the Railway Board. 1. Subject:Forwarding of applications from serving Railway employees for posts outside Railways. [No. E(NG)57RC1/56 dated 21.01.1961] In supersession of all previous instructions on the subject, the Board have decided that the following policy should hereafter be adopted for forwarding of applications from Railway employees for posts outside the Railways :— (1) All technical and non-technical Railway employees, whether permanent or temporary, except those trained at Railway’s expenses should be permitted to apply for posts outside the Railways subject to what is stated in para 2(b) below. (2) (a) (i) Technical Railway employees, whether permanent or temporary; who have received training for less man one year at Railway’s expense, should not be permitted to apply for any outside post, technical or non-technical, until 5 years service in a working post has been completed. (ii) Technical Railway employees, whether permanent or temporary, who have received training for one or more years at Railway’s expense, should not be permitted to apply for outside non-technical posts, even in respect of technical posts, no application should be forwarded until 5 years service in a working post has been completed. (b) Non-technical Railway employees, whether permanent or temporary, who have received training at Railway’s expense. should not be permitted to apply for any outside posts until 5 years service in a working post has been completed. Note: Item (a) & (b) above will not apply to temporary officers, who belong to unclassified category i. e. neither Class I nor Class II. (c) Technical and non-technical employees, whether permanent or temporary, who have been sent for training abroad for a period exceeding three months either at the Railway’s expense or under one of the Scholarship or Training Schemes for which they have been sponsored by the Railways, should not be allowed to apply for any posts outside the Railways until they have completed 6 years in a working post after their return from training abroad or they are about to reach the age of superannuation (d) Apprentices who have received training at Railways’ expense should not be permitted to apply for outside posts until specified years of service have been put in by them in terms of their agreement after completion of their apprenticeship. The exception of items (a), (b), (c) and (d) above will be in respect of applications for admission to competitive examinations conducted by the U.P.S.C./State Service Commissions or in response to advertisements issued by the Public Undertakings wholly or partly owned by the Central Government or State Governments and quasi-Government Organisations, provided the Railway personnel refund the cost of training when leaving Railway Service on selection: The application will be forwarded only when an undertaking is given to this effect at mat stage. (3) In the case of personnel trained at Railway’s expense, however, who happen to be selected as a result of competitive examinations conducted by the U.P.S.C. and get appointed to higher posts on Railways, no recovery of the cost of training is required. (4) Candidates who after qualifying in the Combined Competitive Examination (IAS/ IFS etc.) held by UPSC have accepted a appointment in Class I Service on Railways should be permitted to appear in a subsequent examination for I.A.S./ I.F.S. etc. to better their prospects, if they are otherwise eligible and they will not be required to refund the cost of training. (5) When a Railway employee desires to apply for a post m a private concern, he should first offer to resign or retire from Railway service. If the application is for a post in an organisation with which the Railway employee has had dealings in his official capacity, the provisions contained in Board’s letter No. E56EMI/13/3, dated 31.01.1959 will apply. 2. (A) In all cases the forwarding of applications will be subject to the condition hat the employees should sever their connection with the Railway, if selected for an outside post. Applications of Railway employees may be for-warded by you direct to the authorities concerned, in terms of the above policy, without referring to the Board. (B) Even as regards cases falling within the scope of para l above. General Managers/ Heads of Departments may withhold applications if they feel that in the public interest it is not possible to release the Railway servant concerned for a post outside the Railway. It is, however, emphasised that this discretion should be exercised only in exceptional cases. 1A Subject:Acceptance of Employment as contractors or as employees of contractors by Engineers and other officers of Gazetted Rank of Engineering Department after retirement [No. E566EM113/3 dated 31.01.1959] A reference is invited to Railway Board’s letter No. E51EMI/1/ 3, dated 12.02.1952 on the subject of acceptance of employment by Railway servants while on leave preparatory to retirement or after retirement. 2. The President is now pleased to decide that all Engineers of gazetted rank, and other gazetted officers whether in executive or administrative duties in the Engineering Department of Railways, whether pensionable or non-pensionable who after retirements, seek employment as contractors for or in connection with execution of public works (whether on the Railways, or under P.W.D. or Defence Forces) or as employee of such Contractors, within two years of their retirement, should also be required to obtain the permission of the President before taking up such employment. Permission within two years of such an officer’s retirement will be given very rarely and only in special circumstances. 3. No person who is covered by these orders and has not obtained the necessary permission should be given any contract and a condition should be incorporated in the terms of the contract that it is liable to cancellation if either the contractor himself or any of his employees is found to be a person to whom these orders applied but who had not obtained the necessary permission. 4. As a further safeguard, it has also been decided that at the time of sanctioning the retirement benefits (under the pension or P.F. rules), officers of these categories should be required to sign an undertaking that they would not seek such employment within two years of retirement without the prior permission of the President. 5. The President is also pleased to decide that the power of granting permission to take up employment (a) during LPR (b) after retirement in terms of Board letter No. E51 EM1/1/3 dated 12.02.1952 and the orders in paras 2 and 4 may be exercised by the following officers in respect of officers not above the rank of senior scale officers working under them :— (i) General Managers, (ii) Chief Administrative Officers, (iii) Engineer-in-Chief working directly under the Board The above delegation of powers is in complete supersession of the orders given against item 44 of the annexure to Railway Board’s letter No. F(P) 58, PNI/18 dated 23.05.1958. 1B Subject:Acceptance of employment as contractors or as employees of contractors by Engineers and other officers of Gazetted rank of Engineering Department after retirement. [No. E(G)60 EM6-5 dated 15.02.1961] Reference correspondence, resting with your letter No. P(G)266/ P, dated 26.07.1960, on the above subject. The orders contained in Railway Board’s letter No. E56EM1/13/3 dated 31.01.1959 apply to all gazetted officers of the Civil, Mechanical, Electrical Signal and Telecommunication Departments. Copy of letter No. P(G)266/P of 12.9.1959 from the GeneralManager, Personnel Branch, Southern Railway, Madras Subject: Acceptance of employment as contractors or as employees of Contractors by Engineers and other Officers of Gazetted rank of Engineering Department after retirement. Reference:Board’s letter No. E 56 EMI/13/3 of 31.01.1959 In their letter quoted above, the Board have stated that Engineers of gazetted rank and other gazetted officers, whether in Executive or Administrative duties in the Engineering Department of Railways, who, after retirement seek employment as Contractor, etc. should be required to obtain permission before taking up such employment. It is presumed that the reference to Engineering Officers of gazetted rank is to the officers of the Civil Engineering B ranch only and does not include officers of the Mechanical, Electrical and Signal Departments. It is requested that the Board will please confirm this presumption at a very early date. Subject: Forwarding of applications from serving Railway Employees for posts outside Railway. [No. E(NG)65RC1/186 dated 29.01.1966] Further to the instructions contained in Board’s letter No. E(NG)57RCI/56 dated 21.01.1961 as amended from time to time, the Board have decided that application from serving Railway employees for employment elsewhere, submitted otherwise than in response to advertisements or circulars inviting applications, should not be forwarded by the Railway Administrations. 3. Subject: Government servants involved in disciplinary proceedings – Forwarding of applications for foreign assignments etc. and sending on deputation of [No. E(D&A)68RG 6-39 dated 08.10.1968] A copy of the Government of India, Ministry of Home Affair’s Office Memorandum No. F39/17/63 Ests(A) dated 06.09.1968 on the above subject, is sent herewith for information and guidance. The Board desire that the contents thereof should be brought to the notice of all authorities concerned, for necessary action. Copy of Ministry of Home Affairs OM. No. F/39/17/63-Estt.(A) dated 06.09.1968 A case has come to the notice of this Ministry in which the application of a Government servant against whom departmental proceedings were pending was forwarded for an assignment under an international organisation. The propriety of such an action has been considered carefully and the following decisions have been taken :— (a) Cases of Government servants who are under suspension or against whom departmental proceedings are pending :— Application of such Government servants should not be forwarded, nor should they be released, for any assignment, scholarship, fellowship, training etc. under an international agency/organisation or a foreign Government. Such Government servants should also not be sent or allowed to go on , deputation or foreign service to posts under an authority in India. (b) Cases of Government servants on whom the penalty of with-holding of increments or reduction to a lower stage in a time-scale or to a lower time-scale or to a lower service, grade or post has been imposed :— Applications of such Government servants should not be forwarded, nor should they be released during the currency of the penalty, for any assignment under an international agency/organisation or a foreign Government. Such Government servants should also not be sent or allowed to go, during the currency of the penalty, on deputation or foreign service to posts under an authority in India. Even after the expiry of the penalty, it will have to be examined, having regard to the nature of the offence and the proximity of its occurrence, whether the Government servant concerned should be permitted to go on foreign assignment/deputation to another Department/foreign service to an authority in India. 2. In so far as the personnel serving in the Indian Audit and Accounts Department are concerned, these instructions issued after consultation with the Comptroller and Auditor General of India. 5. Subject: Forwarding of applications and retention of lien of Railway servants who get selected for posts in other Central Government Departments / autonomous bodies etc. [No. E(NG)II/68/AP/6 dated 04.12.1968] Reference Railway Board’s letter No. E(NG)57-RC1/56 dated 21.01.1961. In para 2(A) thereof, it has been laid down that Railway servants should serve, their conditions with the Railway s if selected for outside posts. The Board have had under consideration for some time past the question of relaxing this condition, in the case of permanent Railway servants and temporary Railway servants with 3 years Railway service who are selected, on the basis of their applications, for posts in other Central Government Departments/Offices or public sector undertakings whether incorporated or not, which are wholly or substantially owned by the Government of India or the State Governments and in autonomous, semi-government organisations. They have now decided as under :— (i) The applications of Railway servants for permanent or temporary posts in public sector undertakings whether incorporated or not, which are wholly or substantially owned by the Government of India or the State Governments and in autonomous, semi-Government organisations as well as for posts, whether permanent or temporary, in Central Government Departments/Offices, may be forwarded in accordance with the instructions contained in Board’s letter dated 21.01.1961. (ii) In the case of permanent Railway servants, their lien may be retained in the parent department/office for a period of two years. If the Railway servant concerned is not permanently absorbed within a period of two years from the date of his appointment in the new post, he should immediately, on expiry of the said period of two years, either resign from “ Railway service or revert to his parent office. An undertaking to abide by these conditions may be taken from them at the time of forwarding their applications to other Departments/ office. (iii) The concession in clause (ii) above may also be extended to temporary Railway servants who have completed 3 years’ service, by retaining their administrative lien, but their reversion to the parent department/office would be conditional upon the post held by them prior to their joining the new department/office/public sector undertaking/semi-government organisation, continuing to exist. An undertaking to abide by these conditions may be taken from them at the time of forwarding their applications to other Department/Office. Temporary Railway servants with less than 3 years service, will, however, be required to sever connection with the Railway s in case of their selection for outside posts, as hitherto. (iv) When a permanent Railway servant or a Railway servant with more than 3 years service has joined a Central Government Department/Office where he is not confirmed within a period of two years due to delay in the converting temporary posts into permanent ones, or due to some other reasons, he may, in exceptional cases, be permitted to retain the lien/administrative lien in the parent department/office for one more year. While granting such permission, a fresh undertaking similar to the one indicated in sub-paras (ii) and (iii) above may be taken from the Railway servants. This concession will, however, not be extended to Railway servants who join the public sector undertakings/autonomous/semi-government organisations. (v) During the period of two years or, in exceptional cases of 3 years, covered by clause (iv), the pay of the Railway servant concerned in the ex-cadre post will be fixed in the pay scale of mat post and will be subject to the limit prescribed in the Ministry of Finance’s O.M. No. F10(24)EIII/60, dated 09.03.1964 forwarded with Railway Board’s letter No. F(E) 59 FS/1 dated 06.04.1964 in cases where the minimum of the scale of pay in the new post is substantially in excess of his pay in the parent department, and other orders issued from time to time. No deputation allowance will be admissible in any case. (vi) In the case of a Railway servant who joins the public sector undertaking/semi-government organisation, the leave salary and pension contribution should be paid either by the under-taking/organisation concerned or by the Railway servant concerned himself. The Railway will not accept any liability to pay any retirement benefits or for carry forward of leave for the period of service rendered under the Railway as the transfer in such cases to the public sector undertakings/autonomous/semi-government organisations is not in the public interest. (vii) If the Public Sector Undertaking/Autonomous semi-Government Organisation wishes to absorb the Railway servant permanently before the expiry of the said period of 2 years, it would be incumbent on that undertaking/organisation to consult the parent office of the Railway servant before issuing orders absorbing him permanently .and the orders for permanent absorption would be issued by the foreign employer only after the resignation of the Railway servant has been accepted by the Railway and w.e.f. the date of such acceptance vides para 5 of Railway Board’s letter No. F(E)63/L1/1, dated 10.12.1963. 2. The orders relating to incidence of leave salary and pensionary liabilities in respect of Railway servants joining Government Departments/Offices will follow. 6. Subject: Forwarding of applications of Railway servants for posts advertised by Foreign Governments/ Foreign Embassies in New Delhi—Procedure regarding. [No. E(NG)II/68/AP13 dated 10.10.1969] Reference Railway Board’s letter No. E(NG)57RC1/56, dated 21.01.1961 as amended from time to time and letter No. E(NG)II/68AP/ 6 dated 04.12.1968. 2. The question as to how the cases of Railway servants who apply in response to advertisements issued by the Foreign Governments or the Foreign Embassies in New Delhi have to be death with, has been under consideration of the Railway Board for sometime past. It has been decided that where a Railway servant applies on his own volition for a post under a Foreign Government / U.N. Agency, he should mention in his application seeking permission that on his securing appointment under the Foreign Government, he would resign or retire from Railway service, if his retirement is due under normal rules. On receipt of the application, the competent authority should examine and decide whether permission should at all be granted to him. If after due consideration permission is accorded, the Railway servant may be informed and advised to apply for the post direct. There is no question of the Railways forwarding an application in such cases as it might give an impression that the Government is sponsoring the individual for the post under the Foreign Government. The Board desire that the above procedure should be followed strictly while dealing with such cases. 7. Subject: Applications of Government servants for outside employment – Applications forwarded in response to UPSC advertisements for competitive/depart-mental examinations not to be counted against the permissible number of four opportunities in a year. [Cabinet Secretariat O.M. No. 8/22/71-Est.(C) dated 16.10.1971] Attention of the Ministry of Finance etc. is invited to Ministry of Home Affairs O.M. No. 5/2/68-Ests(C) dated 06.05.1968, and to this Department’s O.M. No. 8/15/71-Estc(C), dated 06.09.1971 under which it has been provided that both permanent non-scientific and non-technical employees as well as permanent scientific and technical employees could be given four opportunities in a year to apply in response to Union Public Service Commission advertisements or advertisements/notices of Government Departments/Public Sector Undertakings/ Autonomous Bodies except where withholding of any such application is considered by the competent authority concerned to be justified in the public interest. The Departmental Council of Joint Consultative Body of the Ministry of Home Affairs recommended mat the applications of Government servants forwarded in response to U.P.S.C. advertisements for competitive examinations and limited departmental examinations should not be counted against the limit of four opportunities referred to above. It has been decided to accept this recommendation. It would, however, still be open to the competent authority concerned to withhold forwarding of such, applications of Government servants for competitive/departmental examinations con-ducted by the Union Public Service Commission where it is considered to be justified in the public interest. 2. Ministry of Finance etc. are requested to bring these instructions to the notice of all authorities under them. 8. Subject: Issue of “No objection” certificate in favour of serving personnel to enable them to seek higher posts through the Employment Exchange. [No. E(NG)II-70-APII dated 22.02.1971] Reference Railway Board’s letter No. E(NG)65-RC 1/106 dated 19.07.1965. A copy of Ministry of Home Affair’s O.M. No. 14/1/69-Estt. (D) dated 29.07.1970, is sent herewith along with its enclosures. The instructions contained therein apply mutatis mutandis to Railway servants. Temporary Railway employee with more than 3 years service may be afforded the same treatment as quasi-permanent employees. Copy of Ministry of Home Affair’s letter No. 14/1/69 Estt (D) dated 29.07.1970 Subject: Issue of, “No Objection” Certificate in favour of serving personnel to enable them to seek higher posts through the Employment Exchange. As the Ministry of Finance etc. are aware, under the existing orders contained in Ministry of Home Affairs Office Memorandum No. 14/ 68/60-Estt(D) dated 08.01.1962 (Copy enclosed) permanent and quasi-permanent employees are not allowed to register their names with the Employment Exchange for higher post, unless they produce a “No Objection” Certificate from their employees. The grant of such certificates in the case of permanent and quasi-permanent employees is also restricted to the following three categories of employees :— (i) Persons reverted or transferred to lower posts, instead of being discharged, due to reduction in establishment, provided such reversion or transfer resulted in the reduction of the individual’s pay by more than 30 per cent. (ii) Persons belonging to Scheduled Castes/Tribes who, white being employed in certain posts, possessed academic or technical qualifications for higher posts. (iii) Class IV staffs who are educationally qualified for Class III posts and such of them as possessed technical or scientific qualifications prescribed for Class III posts or higher posts. Temporary employees are entitled, under the aforesaid orders to l register their names with the Employment Exchange, subject to the following conditions :-— (i) Employment Exchange and the employee should inform the Head of Office, in which the employee is working of the fact of registration with the Employment Exchange simultaneously when the registration is undertaken. (ii) If the Head of Office has any objection, he should communicate forthwith to the employee and the employment Exchange concerned. 2. The question of liberalising the existing arrangements in the case of permanent and quasi-permanent employee for the purpose of registration with the Employment Exchange for higher posts had been under consideration for some time in the past and have now been decided, in supersession of para 3 of the above-mentioned Office Memorandum of 08.01.1962, that permanent and quasi-permanent employees may also be allowed to register their name with the Employment Exchange for a higher post under the Government/Public Sector Undertaking/Autonomous Bodies on production of a “No objection certificate from their employers. The grant of such certificates of such permanent and quasi-permanent employees will, however, be subject to the following conditions :— (i) The employee should be registered only for a post higher than the one he is holding under the Government. In cases of doubt as to whether the post for which a permanent, quasi-permanent employee intends to register his. name with the Employment Exchange is higher than the one he is holding under the Government the decision of the Head of Office/Department shall be final. (ii) On being selected for appointment by the Government Department/Public Sector Undertaking/Autonomous Body for the higher post, he may be treated as oh deputation/ foreign service for a period of l year only. On the expiry of this period he should either revert to the parent Department or resign his post under the Government. (iii) Once an employee has reverted to the parent Department after spending a year outside, he should not be allowed a “No Objection” Certificate to register his name once again for a period of atleast 2 years. 3. The Employment Exchanges would sponsor only those permanent and quasi-permanent employees for higher posts under the Government/Public Sector Undertakings/Autonomous Bodies for which the employee is eligible on grounds of age, educational qualifications etc. 4. The Ministry of Finance etc. are requested to bring these instructions to the notice also of all their attached and subordinate offices. Copy of OM. No. 71/27/56-CS(C) dated the 04.04.1956 from Ministry of Home Affairs Subject: Issue of “No Objection” Certificates in favour of employed personnel. It has come to the notice of this Ministry that notwithstanding the instructions issued from time to time, certain Departments have issued “No Objection” Certificates in favour of ineligible employees to enable them to seek higher posts through the Employment Exchanges under the existing instructions such Certificates can be issued only in favour of the following categories of employees :— (i) Persons reverted or transferred to lower posts instead of being discharged due to reduction in establishment provided such reversion or transfer resulted in the education of the individual Pay by more than 30 per cent vide this Ministry’s Office Memorandum No. 71/33/52-D dated 10.11.1953 and 71/328/54-CS(C) dated 05.03.1956. (ii) Persons belonging to Scheduled Castes/Scheduled Tribes who while employed in certain posts possess academic or technical qualification for higher posts, vide Office Memorandum No. 71/51/56-CS(C) dated 18.02.1955. (iii) Educationally qualified class IV servants vide Office Memorandum No. 71/73/55/ CS(C) dated 29.04.1955, 09.08.1955 and 09.02.1956. Such of the Class IV employees who possess technical/scientific qualifications prescribed for a Class III post, may also be issued with a “No Objection” Certificate. The issue to “No Objection” Certificates in favour of serving personnel who are not included in any of the above categories is irregular. The undersigned is, therefore, directed to request that the Ministry of Finance etc. may issue instructions to all employing authorities under them that the above instructions should be strictly adhered to and that if any Certificates have been issued to ineligible persons, they should be cancelled under intimation to the Employment Exchange concerned. 2. The Directorate General of Resettlement and Employment are separately issuing instructions of the Employment Exchange not to register any person who is not eligible inspite of the fact he has been issued with a “No Objection” Certificate by the Empower. Copy of Office Memorandum No l4/68/60-Estt (D) dated the 08.01.1962 from the Ministry of Home Affairs Subject:Issue of “No Objection” Certificate in favour of serving personnel to enable them to seek higher posts through the Employment Exchange. As the Ministry of Finance etc. are aware, the grant of “No Objection” Certificate in favour of serving personnel to enable them to seek higher posts through the Employment Exchange is, at present, regulated under this Ministry’s Office Memorandum No. 71/27/56-SC(C) dated 04.04.1956 (copy enclosed). In their Eighty-eighth Reports on the Ministry of Labour and Employment, the Estimates Committee have made suggestions for liberalising the procedure for grant of “No Objection” Certificate to the serving employees. Similar recommendations have also been made by the sub-committee of the Central Committee on Employment. 2. The question has been carefully considered in consultation with the Ministry of Labour and Employment (Directorate General of Employment and Training) and it has been decided that :— (i) Permanent and Quasi-permanent employees should not be registered with the Employment Exchange unless they produce a “No Objection” Certificate from their Employers. (ii) Temporary employees may be allowed to register with the Employment Exchanges subject to the following conditions :— (a) Employment Exchange and the employee should inform the Head of Office in which the employee is working of the fact of registration with the Employment Exchange simultaneously when the registration is undertaken. (b) If the Head or Office has any objection he should communicate it forthwith to the employee and the Employment Exchange concerned. With regard to (b) above, the Head of the Office should not raise any objection in the case of temporary employees unless he comes to the conclusion that it would be prejudicial to the public interest to allow employee concerned to register himself at the Employment Exchange. The “Public interest” should be interpreted with judgment and not in a mechanical mariner. In cases where the Head of the Office has raised any objection, the employee should not be sponsored further for placement by the Employment Exchange unless the objection is over-ruled by an authority superior to the Head of the Office. 3. The grant of “No Objection” Certificate to permanent and quasi-permanent employees referred to in para 2(i) above will be restricted to the categories and subject to the conditions mentioned in this Ministry’s Office Memorandum dated 04.04.1956, quoted above. 4. It is requested mat these instructions should be brought to the notice of all concerned. 9. Subject: Forwarding of applications and retention of lien of Railway servants to get selected for posts in other Central Government Departments / autonomous bodies etc [No. E(NG)II-68-AP/6 dated 19.05.1972] Reference Railway Board’s letter of even number dated 04.12.1968. It has been laid down in para 1(iv) thereof that in exceptional cases the lien/administrative lien of a Railway servant going to other Central Government Departments/Offices may be retained for one more year for reasons explained therein. This concession has, however, not been extended to those who join Public Sector Undertakings/Autonomous Bodies etc. As the intention is to treat Railway servant going to Public Sector Undertakings/Autonomous Bodies etc. at par with those going to other Central Government Departments/Offices in this matter, the existing sub-para (iv) may be substituted by the following :— “(iv) When a permanent Railway servant or a Railway servant with – more than 3 years service has joined a Central Government Department/Office or a Public Sector Undertaking / Autonomous Body etc. where he is not confirmed within a period of two years due to delay in converting temporary posts into permanent ones, or due to some other reasons, he may, in exceptional cases, be permitted to retain the lien/administrative lien in the parent department/office for one more year. While granting such permission, a fresh undertaking similar to the one indicated in sub-para (ii) and (iii) above may be taken from the Railway servant concerned. 9A Subject:Resignation from Service—Procedure in respect of [No. E(NG)II1701RG11 dated 24.06.1972] Reference Railway Board’s letter No. E(NG)64RE1/36 dated 26.10.1966 under which the Ministry of Home Affairs O.M. No. 39/ 6/57-Ests(A) dated 06.05.1958 was forwarded and Board’s clarifications contained in their letters No. E(NG)64/RE1/36, dated 20.11.1967 and E(NG)II/64/RE1/36 dated 15.01.1968. 2. It has inter alia been provided in para 1(b)(ii) of the Ministry of Home Affair’s O.M. referred to above that as officers are placed under suspension only in cases of grave delinquency, it would not be correct to accept resignation from an Officer under suspension except where the alleged offences do not involve moral turpitude or where the evidence against the delinquent officer is not strong enough to justify the assumption that if the departmental proceedings were continued, the officer would be removed or dismissed from service or where the departmental proceedings are likely to be so protracted that it would be cheaper to the public exchequer to accept the resignation. 3. The Estimates Committee in their 87th report (Fourth Lok Sabha on the Ministry of Foreign Trade have recommended inter alia that where investigations, whether preliminary or regular, are pending against a Government employee, he should not be allowed to resign till he is cleared of the charges. 4. The Board have considered the above recommendation and have decided that in case a Railway servant against whom an enquiry or investigation is pending (whether he has been placed under suspension or not) submits his resignation, such resignation should not normally be accepted. Where however, the acceptance of resignation in such a case is considered necessary in the public interest, because one or more of the conditions laid down in paragraph 2 above, are fulfilled, the resignation may be accepted with the prior approval of the authority competent to dismiss the Railway servant concerned as already provided in Rule 150(1)-RI. 10. Subject: Forwarding of applications of Railway servants for posts in private firms—Question whether they should be asked to resign or give notice of retirement from service before applying for a post in private firms. [No E(NG)II-71/AP17 dated 25.07.1972] Reference para 1(5) of Railway Board’s letter No. E(NG)57RC1/ 56 dated 21.01.1961 in terms of which a Railway servant desirous of applying for a post in a private concern is required to first offer to resign or retire from Railway service. A question has been raised as to whether such an employee could be permitted to apply for a post in the private sector if he gives an undertaking that in the event of his being selected for the post applied for he would resign from Railway Service or would retire there from. It is hereby clarified that a Railway servant should make up his mind before he applies for a post in the private sector whether he would resign from Railway service or would retire there from (if he is eligible to do so. He should accordingly submit his resignation or give notice of retirement, as the case may be, before applying for private employment. In the case of those who resign from service, it might take some time for the competent authority to issue formal order accepting the resignation. Similarly m the case of those who give notice of retirement from service, retirement would be effective only on expiry of the notice period. Therefore, while tendering resignation from service or giving the requisite notice of retirement the employee may ask for permission to apply for employment in the private sector pending the acceptance, of resignation or the expiry of the notice of retirement, as the case may be. While considering the request for such permission, the competent authority should keep the following points in view :— 1. In the case of an employee who tenders his resignation, the competent authority should not grant permission to him to apply for private employment, or accept the resignation unless it is satisfied that his retention in service is not necessary in the public interest. In this connection attention is also invited to the instructions contained in Board’s letter No. E(NG)II-70 RG/1 dated 24.06.1972 and the provisions of Rule 150-RL 2. If it is decided to accept the resignation pending the issue of a formal order accepting the resignation after going through the necessary formalities, the employee concerned may be given permission to apply for private employment. There is no question of the Railways forwarding the application on to the private firm. Where it is decided not to accept the resignation, permission /to apply for private employment would not be granted to the individual. 3. In the case of such of those who are eligible to give notice of retirement and who want to retire from service, as already stated they should send the requisite notice of retirement. If they seek permission to apply for private employment during the notice period the same may be accorded by the competent authority. If the permission is given, it should be made clear to the individual that the permission for applying for private employment does not employees grant of permission for taking up commercial employment after retirement. The grant of this latter permission would be governed by the provisions of rule 262(CSR 531-B)-RII where applicable. 11. Subject:Forwarding of application and retention of lien of Railway servants who get selected for post in other Central Government Deptts./Autonomous Bo dies etc [No. E(NG)II-72-AP/21 dated 07.08.1972] Reference Railway Board’s letters No. E(NG)II-68AP/6 dated 04.12.1968 and dated 19.05.1972. It has been laid down therein that leave salary and pensionary contributions in respect of a Railway servant selected for a post in Public Sector Undertaking / Autonomous body etc. have either to be borne by the undertaking concerned or by the Railway servant himself. In this connection it has been represented to the Board that Public Sector Undertakings etc. do not normally agree to bear leave salary and pensionary contributions and when the Railway Servants are asked to bear the same, they tender resignation with retrospective effect to escape, the payment of service contributions. The Board have considered the matter and they desire to emphasise that such resignation should not be accepted with retrospective effect as acceptance of resignation with retrospective effect is expressly prohibited under the orders communicated vide Board’s letter No. E(NG)II-71RG/1 dated 17.09.1971. The cases of such staff may be death with as follows :— (i) Before actually allowing a Railway servant to take up appointment with a Public Sectors Undertaking/Organisation, the question of liability to pay leave salary and pensionary contributions should be settled by correspondence with the “ Undertakings / Organisations; (ii) in case the Undertaking/Organisation is not agreeable to pay these dues, an arrangement should be entered into with the Organisation, with the consent of the Railway Servant for regular recovery of Service contributions from his pay and remittance of the Railways; (iii) in case the arrangement at (ii) above does not materialise, the Railway servant may be relieved on a specific undertaking that he would deposit the service contributions with the Railway regularly. He may also be warned that if he fails to do so he would be liable to be recalled for breach of the undertaking. In cases of failures of deposit service contributions regularly in isolated cases, the Public Sector Undertaking etc. should be asked to return the Railway servant. It is necessary to take swift action in this matter so that arrears of service contributions do not fall in heavy accumulation before his recall. On return to the Railways the contributions .as due may be recovered from him. Disciplinary action, if any, considered necessary might also be taken against such defaulting Railway Servants. All Railway servants presently working with the Public Sector Undertakings etc. in respect of whom the service contributions have not been received, may be warned that service contributions should be deposited within a stipulated target date Railway Administrations, should insist on non-cooperating Railway servants being returned to the Railways. 12. Subject: Forwarding of applications of Railway servants for posts under the State Government — Procedure for. [No. E(NG)II-69AP/21 dated 07.03.1975] Reference Board’s letter No. E(NG)II-68AP/6 dated 04.12.1968, 16.06.1971, 19.05.1972 and 09.04.1973 laying down the instructions to be followed in the matter of forwarding of application, retention of lien of Railway servants who get selected in other Central Government Departments/Offices/Public Sector Undertakings/Autonomous, semi-Government Organisations and the adjustment of leave salary and pension contribution between the Railways and borrowing departments. 2. The question as to the procedure that should be followed in respect of those Railway servants who apply for posts under the State Government on their own volition in response to advertisements or circulars including those by the State Public Service Commissions has been under consideration. It has been decided that the following procedure may be adopted in such cases by the Railway Administrations. 2.1 The applications may be forwarded subject to instructions issued from time to time and within the limits laid down for forwarding applications for outside posts. 2.2 Temporary Railway servants who have not completed 3 years service should as a matter of rule be asked to resign at the time of release from the parent department /office. An undertaking from them to the effect that in the event of selection for posts applied for they will resign from their posts may be taken from them at the time of forwarding the applications. 2.3 In respect of permanent Railway servants and Railway servants with more than 3 years service, the terms on which the Railway servant goes over to a post under a State Government may be settled mutually between the Railway Administration and the State Government concerned. The permanent Railway servants will be governed by the instructions contained in Railway Board’s letter No. E(NG)II68 AP/6 dated 16.06.1971 (copy enclosed) read with para 1202-GI. 3. The permanent Railway servant or Railway servants having more than three years service should either revert to the parent department/office within the period of two years or resign from the parent department/office at the end of that period. 4. Railway servants with more than three years service will be allowed to revert within 2 years or at the end of two years, to the posts held by them in the parent department if the posts he Id by them continue to exist on the date of their reversion and if they are eventually confirmed in the parent department office, the liability to pay leave salary and pension contribution for the period of service rendered by them in the State Government shall be born either by the State Government, if the appointment is treated by that Government as a transfer or by the temporary Railway servant concerned. 5. An undertaking to abide by these conditions may be taken from permanent Railway servant/Railway servant with more than three years service at the time of forwarding their application. 6. In exceptional cases where it would take sometime for the State Government to confirm the Railway servant due to administrative reasons the permanent or temporary Railway employees with more than three years service may be permitted to retain his lien/administrative line for one more year. While granting such permission, a fresh undertaking similar to the one in paras 3, 4 & 5 above may be taken from the Railway servant concerned. 7. During the period of two or three years as referred to above, the pay of the Railway servant in the ex-cadre post, will be fixed in the scale of that post and will be subject to the limits prescribed in Ministry of Finance Office Memorandum No. F. 10(24)-E.III/60 dated 09.03.1964, forwarded with Railway Board’s letter No. F(E) 59FS/1 dated 06.04.1964 in cases where the minimum of the scale of pay of the new post is substantively in excess of his grade pay in the parent department/office and such other orders as have been/may be issued by the Railway Board from time to time. However, in cases where the Railway employees are selected for appointment to posts under the State Government on the basis of their applications in an open competition through the State Public Service Commission, they will be allowed to draw pay in the scale of the post without applying the restrictions laid down in the Ministry of Finance O.M. dated 09.03.1964 referred to above. 7.1 No deputation allowance as such will be admissible in such cases. 8. Railway s will not accept any liability to pay any retirement benefits or for carry forward of leave for the period of service rendered under them by the temporary Railway servants/Railway servants with more than three years service going over to the State Government under these orders. 9. While forwarding the applications to the State Government concerned, it should made clear that the Railway Servant, if selected for appointment will be permitted to join the State Government on the terms and conditions contained in this office letter. 12A Subject:Forwarding of application and retention of lien of Railway servants who get selected of posts in other Central Government Deptts./Public Sector Undertakings/Autonomous Bodies/State Governments etc. but not returning to parent Railway/Departments. [No. E(NG)II-73AP/21 dated 18.09.1975] Reference Board’s letter No. E(NG)II-68AP/6 dated 04.12.1968 as amended from time to time. It has been brought to the notice of the Railway Board that a number of permanent Railway employees or Railway employees with more than three years service who get selected in Central Government Departments/Public Sector Undertakings/Autonomous Bodies/State Government etc. on the basis of their applications and whose lien is retained in terms of Board’s letter No. E(NG)II-68 AP/6, dated 04.12.1968 and 19.05.1972 do not either revert back to the Railways after expiry of 2/3 years service or resign or shift from one Department to another without prior permission. Despite the best efforts and protected references made by the Railway Administrations, the employees as well as the borrowing departments do not show any interest in such cases. The board have considered the matter and decided that the following course of action should be taken in such case :— (i) If despite the undertaking given by the Railway employees in terms of para (1(ii) & (iii) of Board’s letter No. E(NG)II-68AP/6, dated 04.12.1968 the employee does not either revert back or resign after the expiry of the period for which lien, administrative lien is retained and does not obey the directions given by the Railway Administrations, suitable disciplinary action should be taken against such an employee for violating the agreement undertaking given by him at the time of forwarding of his application. In this connection attention is also invited to Board’s letter No. E(NG)II-72AP/21, dated 07.08.1972. (ii) To avoid difficulties in filling up permanently the posts on which Railway servants who had gone on their own volition to other Departments / Organisations hold lien or administrative lien, the Railway Administration may suspend such a Railway servant’s lien and fill up that post on provisional basis. 13. Subject:Forwarding of applications for other posts Principles regarding – Railway servants involved in disciplinary proceedings. [No. E(D&A) 75 RG 6-45 dated 09.01.1976] Attention is invited to Board’s letter No. E(D&A) 68 RG 6-39, dated 08.10.1968 along with which instructions issued by the Ministry of Home Affairs (now Department of Personnel & Administrative Reform’s Office Memorandum No. F. 39/17/63-Ests (A), dated 06.09.1968 regarding forwarding of applications of the staff, involved in disciplinary proceedings for any assignment, scholarship, training, fellowship etc. under an international agency/organisation or foreign Government and on deputation or on foreign service to posts under an authority in India, were circulated. 2. In Partial modification of the instructions referred to above, the Department of personnel and Administrative Reforms have issued certain further instructions in respect of other posts under their Office Memorandum No. 11012/10/75 Ests. (A) dated 18.10.1975, a copy of which is enclosed. The Ministry of Railways desire that the contents of these instructions may also be brought to the notice of all concerned authorities for information and guidance. 14. Subject:Forwarding of applications for other posts — Principles regarding [D.O.P. OM. No. 11012110175 Ests. (A) dated 18.10.1975] The undersigned is directed to say that the question of regulating the forwarding of applications for other posts has been under consideration by the Government and in partial modification of Ministry of Home Affairs (now Department of Personnel and Administrative Reforms) Office Memorandum No. 39/17/63-Ests. (A), dated 06.09.1968 (Copy enclosed) following instructions are issued for guidance of all administrative authorities :— (i) Applications of Government servants for other posts should not be forwarded when disciplinary proceedings against them are contemplated, whether for a major penalty or for a minor penalty. In other words, when the conduct of a Government servant is under investigation and the investigation has reached a stage at which a prima fade case can be made-out against the Government servant but formal charge-sheet is yet to be issued, the application of such a Government servant should not be forwarded. Thus where the disciplinary cases are actually pending, question of forwarding of application does not arise. (ii) When the conduct of a Government servant is under investigation (by the Central Bureau of Investigation or by the Controlling Department) but the investigation has not reached the stage when a prima fade case can be made out against the Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event of actual selection of the Government servant, he would not be released for taking up , the appointment, if the investigations have been completed and also disciplinary proceedings have already commenced or are likely to be initiated shortly. 2. In so far as the personnel serving in the Indian Audit and Accounts Department are concerned, these instructions are issued after consultation with the Comptroller and Auditor of General India. 15. Subject:Forwarding of application of Government servants in response to advertisements by UPSC for competition. [M.H.A. O.M. No. 42015/3/77-Estt.(C) dated 25.02.1978] The undersigned is directed to refer to this Department’s O.M. No. 8/20/77-Estt.(C), dated 16.10.1971, wherein it was provided that both quasi-permanent/permanent, scientific and technical and non-scientific and non-technical Government employees may be given four opportunities in a year to apply in response to UPSC advertisements or notices of Government departments/Public Sector Undertakings/Autonomous Bodies except where withholding of any such application is considered by the competent authority concerned as justified in the public interest. It was laid down that application of Government servants forwarded in response to UPSC advertisements for competitive examinations/Limited Departmental Examinations should not be counted against the prescribed limit of four opportunities. 2. The matter has been further examined and it has now been decided that for the purpose of forwarding of applications of Government employees in response to aforesaid advertisements/ notices, no distinction should be made between UPSC advertisements for selection through a competition examination/limited departmental examination and for other UPSC selections. In other words where Government servants apply for posts in response to UPSC advertisements, it shall not be counted against the four opportunities referred to in para l above. 16. Subject:Forwarding of applications of Railway employees for posts advertised by the U.N. Agencies/other International Organisations [No. E(NG)II/78/AP/13 dated 19.08.1978] The question whether or not applications submitted by Railway servants in response to advertisements issued by the various U.N. Agencies and other international organisations are to be forwarded has been considered. The Ministry of Railways in consultation with the Department of Personnel and Administrative Reforms have decided that applications submitted by Railway servants in response to advertisements issued by U.N. Agencies etc. in newspapers should not be forwarded. 17 Subject: Forwarding of applications for other posts-principles regarding – Railway servants involved in disciplinary proceedings. [No. E(D&A) 75 RG 6-45 dated 19.10.1978] Attention is invited to Railway Board’s letter of even number dated 09.01.1976 circulating therewith the instructions as contained in the Ministry of Home Affairs (Department of Personnel and Administrative Reforms O.M. No. 11012/10/175-Estt (A) dated 18.10.1975 regarding forwarding of applications of the staff involved in disciplinary proceedings for any assignment, scholarship training, fellow-ship etc. under an international agency/organisation of foreign Government and on deputation or on foreign service to posts under an authority in India. In Partial modification of the above instructions, the Ministry of Home Affairs (DOP & AR) have decided that para l (iii) of the O.M., referred to above, should read as under :— “Where the case against a Government servant is only at the investigation stage and no prima fade case has been established against him, the controlling authority may forward his application without any comments with the controlling authority reserves the right not to release the official, if necessary. If by the time the offer comes, the preliminary investigations are not over, the controlling authority should decide whether “to release the official or detain him in public interest.” The Board desire that the above may be brought to the notice of concerned authorities for information and guidance. 18. Subject:Forwarding of applications from Railway servants to UPSC [E(NG)II/79/AP/2 dated 31.01.1979] A copy of the Office Memorandum No. 42015/4/78-Estt(C) dated 01.01.1979 received from Ministry of Home Affairs, Department of Personnel & Administrative Reforms is sent herewith. The Ministry of Railways have decided that the instructions contained therein shall apply mutatis mutandis to Railway servants who wish to apply to UPSC. These instructions may be given vide circulation on the Railways. Copy of Ministry of Home Affairs, Department of Personnel and AR OM. No. 4201514178-Estt (C) dated 01.01.1979 Subject: Forwarding of applications to U.P.S.C. from candidates serving under Government [D.O.P. & A.R., OM. No. 42015/4/78-Estt(C) dated 01.01.1979] The undersigned is directed to refer to the Department of Personnel and Administrative Reforms O.M. No. 28012/1/76-Estt. (C) dated the 16.07.1976 on the subject mentioned above and to say that the procedure of forwarding of applications to the UPSC from candidates serving under the Government has been further examined. It has now been decided that persons already in Government service who wish to appear at a competitive examination conducted by the UPSC or wish to apply for a post recruitment to which is proposed to be made by selection through the UPSC may submit their completed applications in the prescribed printed form direct to the Commission. They should, however, immediately inform the Head of their office/Department giving details of the examination/post for which they have applied requesting him to communicate his permission to the Commission directly. In case the Head of office/Department considers it necessary to withhold the requisite permission, he should inform the Commission within 30 days of the closing date for the receipt of the applications. In case no such communication is received from the Head of Office/Department, it shall be presumed by the Commission mat there is no objection on the part of the employing Department to the candidature of the Government employees in question to be considered by the Commission. 2. Ministry of Finance etc. are requested to bring these instructions to the notice of all concerned including attached and subordinate offices as well as public sector undertakings under their administrative control. 20. Subject: Forwarding of applications from serving Railway employees for posts outside the Railways – Refund of cost of training [E(NG) II/77/AP/6 dated 09.02.1979] The Ministry of Railways have decided that the following may be substituted for para l (4) of their letter No. E (NG) 57RC 1/56 dated 21.01.1961. “Candidates who, after qualifying in the combined competitive Examination (IAS/IFS etc. and the combined Engineering Services Examination) held by UPSC have accepted appointment in Class I Service on Railways should be permitted to appear in a subsequent examination for IAS/IFS etc. to better their prospects, if they are otherwise eligible and they will not be required to refund the cost of training. This will not apply to Special Class Railway Apprentices recruited through the UPSC.” Non-gazetted staff who have not received training at Railway expense in a specific avocation but only have been given an “induction course” to make them suitable to the working needs of the Railway (e.g.) (l) training given to Diploma Holders recruited as Chargemen/ Train Examination as distinct from the training given to matriculates recruited as Apprentice Mechanics/Apprentice TXRs (2) Training given to Technical Degree holders recruited as Draftsman, Design Assistants, Chargeman etc. may be exempted from refunding the cost of training in the event of their Selection to other posts under the Central/State Governments or in Public Sector Undertakings. 21 Subject: Forwarding of application of Government servants in response to advertisements by UPSC for competition [E(NG)II/78/AP/1 dated 27.02.1979] A copy of each of the Ministry of Home Affairs, Department of Personnel & Administrative Reforms OMs Nos. 42015/3/77-Estt (C) dated 25.02.1978 together with a copy of O.M. No. 8/22/71-Ests (C) dated 16.10.1971 and No. 41016/9/7 8-Ests (C) dated 10.08.1978 is sent herewith. The instructions contained therein shall apply mutatis mutandis to all Railway servants including those with less than three years of service. Copy of Ministry of Home Affair Office Memorandum No- 42015/3/77 Estt (C) dated 25.02.1978 Subject: Forwarding of application of Government servants in response to advertisements by UPSC for competition. The undersigned is directed to refer to this Department’s O.M. No. 8/22/71-Estt. (C) dated the 16.10.1971, wherein it was provided that both quasi-Permanent / permanent, scientific and technical – and non-scientific and non-technical Government employees may be given four opportunities in a year to apply in response to UPSC advertisements or notices of Government departments / Public Sector Undertakings / Autonomous Bodies except where withholding of any such application is considered by the competent authority concerned as justified in the public interest. It was laid down that application of Government servants forwarded in response to UPSC advertisements for competitive examinations/Limited Department’s Examinations should not be counted against the prescribed limit of four opportunities. 2. The matter has been further examined and it has now been decided that for the purpose of forwarding of applications of Government employees in response to aforesaid advertisements/ notices, no distinction should be made between UPSC advertisements/notices for selection through a competitive examination/limited departmental examination and for other UPSC selections. In other words where Government servants apply for posts in response to UPSC advertisements, it shall not be counted against the four opportunities referred to in para l above. Copy of Office Memorandum No. 8/22/71-ESTS (C) dated 16.10.1971 issued by the Cabinet Secretariat Subject: Applications of Government servants for outside employment. Applications forwarded in response to UPSC advertisements for competitive/departmental examinations not to be counted against the permissible number of four opportunities in a year. Attention of the Ministry of Finance etc. is invited to Ministry of Home Affairs O.M. No. 5/2/68-Este. (C), dated 06.05.1968, and to this Department’s O.M. No. 8/15/71-Est. (C), dated 16.09.1971 under which it has been provided that both permanent non-scientific and non-technical employees as well as permanent scientific and technical employees could be given four opportunities in a year to apply in response to Union Public Service Commission advertisements or advertisements/notices of Governments Departments/Public Sector Undertakings/Autonomous Bodies except where withholding of any such application is considered by the competent authority concerned to be justified in the public interest. The Departmental Council of Joint Consultative Body of the Ministry of Home Affairs recommended that the applications of Government servants forwarded in response to U.P.S.C. advertisements for competitive examinations and limited departmental examinations should not be counted against the limit of four opportunities referred to above. It has been decided to accept this recommendation. It would, however, still be open to the competent authority concerned to withhold forwarding of such applications of Government servants for competitive/departmental examinations conducted by the Union Public Service Commission where it is considered to be justified in the public interest. 2. Ministry of Finance etc. are requested to bring these instructions to the notice of all authorities under them. Copy of Office Memorandum No. 41016/9/7 8-Estt (C) dated 10.08.1978 issued by the Ministry of Home Affairs. Subject: Forwarding of application of Government servants in response to advertisements by UPSC etc. The undersigned is directed to refer to the DP & AR OM No. 8/22/77-Estt (C) dated the 16.10.1971, which, inter alia, provides that A Government servant could be given four opportunities in a year to apply in response to UPSC advertisements etc. but it would be open to the competent authority concerned to withhold forwarding of such applications of Government servants where it is considered to be justified in the public interest. A point has been raised that the scope of public interest particularly with reference to the forwarding of applications of Government servants should be specified so that employees are not put to unnecessary disadvantage. 2. The question of formulating specific guidelines for the administrative Authorities for withholding of applications of Government, servants for competitive/ departmental examinations conducted by the UPSC etc. has been examined carefully. While it is not feasible to define “Public interest” the authorities should interpret the term strictly and subject to the condition that the forwarding of applications should be the rule rather than the exception and the decision should be taken at appropriately high level. In taking the decision to withhold the application, the authority has to balance the interests of the State against the necessity of causing hardship to the individual. This discretion should be applied with utmost objectivity and not mechanically. While it is not feasible to lay down specific exhaustive guidelines for withholding of applications in public interest, some of them can be listed illustratively as follows : (i) The officer concerned is engaged on important time bound project and the work would be seriously dislocated if he is relieved. (ii) The Government servant has acquired some specialisation at Government expense and he has signed a bond for serving the Government for a specific period. (iii) Government servant is under suspension or is facing departmental proceedings / court prosecution. (iv) Government servant is applying for a post which is equivalent in status and rank. Ministry of Finance etc. are requested to bring these instructions to the notice of all the authorities under them. 22. Subject: Issue of “No Objection” Certificate in favour of serving personnel to enable them to seek higher post through the Employment exchange. [No. E(NG)II/77/AP/22 dated 21.06.1979] In continuation of Ministry “of Rly’s letter No. E(NG)II/70/AP/1 dated 22.02.1971, a copy of Deptt. of Personnel & Administrative Reforms in the Ministry of Home Affairs O.M. No. 14024/4/77-Estt (D) dated 04.07.1977 is sent herewith. The instructions contained therein apply mutatis mutandis to Railway servants. However, temporary Railway servants with less than 3 years of. service may be required. to resign their parent post on the Railways before joining the new assignment for which they are selected through Employment exchange. Copy of Department of Personnel and Administrative Reforms O.M No 14074/4/77-Estt (D) dated 04.07.1977 Subject: Issue of “No Objection” Certificate in favour of serving personnel to enable them to seek higher post through the Employment exchange. The undersigned is directed to refer to Ministry of Home Affairs (now Department of Personnel and Administrative Reforms) Office Memorandum No. 14/68/6-Estt. D dated 08.01.1962 & 14/1/69-Estt. (D) dated the 29.07.1970 on the above subject and to state mat enquiries have/ been received from different Ministries/Departments about the applicability of this order in the case of temporary employees who desire to seek equivalent Posts elsewhere. It is, therefore, clarified that though nothing specific has been mentioned about temporary employees seeking equivalent Posts in the aforesaid Office Memorandum, these employees are eligible to be issued “NO OBJECTION” certificate if they desire to seek other equivalent posts through the Employment Exchanges. 23. Subject: Delegation of powers to the General Managers – Revision of Appendix VII — G. II [No. E(NG)II/79/AP/9 dated 03.07.1979] In continuation of their letter No. F(X)II-77/PW/5 dated 07.12.1977 and 14.12.1977, Ministry of Railways have decided that in case of Railway servants quitting Railway service before serving the Railways for a specific period stipulated in the agreement bond, the recovery of cost of training imparted to them in a specific avocation at the cost of Railways, may be waived by the General Managers upto a limit of Rs. 2000 under their own powers. The amount waived should, however be commensurate and proportionate to the service rendered on the Railways. In no case the waival should “be in excess of the proportionate service. 24 Subject: Grant of No Objection Certificate to serving personnel to enable them to seek higher posts through the Employment Exchange. [D.O.P. OM. No. 14024/7/79-Estt (D) dated 19.12.1979] The attention is invited to the instruction contained in this Department’s Office Memorandum No. 14/1/69-Estt (D) dated 29.07.1970 and O.M. No. 14024/4/77-Estt. (D) dated 04.07.1977 under which : (a) Permanent/quasi-permanent employees are allowed to register their names with the Employment Exchange on the conditions inter-alia, that they will be allowed to retain their lien/ administrative lien in the post, currently held by them on a permanent/O.P. basis for one year only and on its expiry they will have to either revert or resign their parent post, and (b) Temporary employees are eligible to issue of a “No Objection” Certificate if they desire to seek other equivalent posts through the Employment Exchange. 2. On a review of these instructions, it has been decided that henceforth permanent/ O. P. persons who are granted “No Objection Certificate” for registering their names with the Employment Exchange in terms of the provisions of Office Memorandum No. 14/1/69-Estt. (D) dated 29.07.1970 may be permitted to remain on foreign service/ deputation for a period of two years (extendable by one year further in exceptional circumstance with the prior concurrence of the Appointing Authority of the parent cadre/post). Accordingly the following amendments are made to sub-paras (ii) of Para 2 of the Office Memorandum dated 29.07.1970 aforesaid (a) For the words/year only occurring in sub-para (ii) aforesaid the following words may be substituted. “Two years only, which may, in exceptional circumstances, be extended by one year at the most, with the prior concurrence of the Appointing Authority of the parent cadre/post. 3. Temporary employees should be asked to resign from the parent office at the time of release from the parent department/office. 4. Where the lien or administrative lien of a permanent/Q. P. employees are retained in the case of all persons selected for a Public Sector Undertaking/Autonomous Body, the grant of pay, leave salary and pension contribution would be governed in terms of the provisions of this department’s Office Memorandum No. 70/62/62-Estt. (A) dated 22.01.1966 and No. 60/37/63-Estt (A) dated 14.07.1967. 25. Subject: Issue of “No Objection” Certificate in favour of serving personnel to enable them to seek higher post through the Employment Exchange. [No. E(NG)I/80/AP/1 dated 04.02.1980] In continuation of Ministry of Railways’ letter No. E(NG)II/77/ AP/22 dated 21.06.1979, a copy of Department of Personnel & Administrative Reforms in the Ministry of Home Affairs O.M. No. 14024/7/79-Estt (D) dated 19.12.1979 is enclosed. The instructions contained therein apply mutatis mutandis to all permanent and temporary Railway Servants (with more than 3 years” service). Temporary Railway servants with less than 3 years of service may be required to resign their parent post on the Railway before joining the new assignment for which they are selected through Employment Exchange. 26. Subject: Forwarding of applications from serving Railway employees for posts outside the Railways — Recovery of cost of training and enforcement of bond. [No. E(NG)I-84/AP/9 dated 11.04.1986; RBE 62/86] Reference Exception under paragraph 1(2) of Railway Board’s letter No. E(NG)57 RC1/56 dated 21.01.1961 which provides that where applications of Railway servants are forwarded for non-railway posts under the conditions stipulated therein, an undertaking should be obtained from them to the effect that they would refund the cost of training when leaving Railway service on selection. A corresponding provision also exists in the Agreement Form/Indemnity Bond executed by Apprentices/Trainees on entering Railway service. 2. Subsequently, it was decided vide Board’s letter No. E(NG)11-77-AP-6 dated 09.02.1979 that non-gazetted employees who have not received training at Railway expenses in a specific avocation but only have been given an “induction course” to make them suitable to the working needs of the Railway may be exempted from refunding the cost of training in the event of their selection to other posts under the Central Government/State Government or in Public Sector Undertakings. 3. The Department of Railways have now decided that in the case of non-gazetted employees who have received “induction training” and who leave Railway service with proper prior permission of the competent authority to join employment under the Central Government, a State Government, a Public Enterprise wholly or partly owned by the Central Government or a State Government or an autonomous body wholly or substantially owned/financed/controlled by the Central Government or a State Government, a fresh bond should be taken from such employees to ensure that they serve the new employer for the balances of the original bond period. 4. With a view to ensuring that the requirement of obtaining a fresh bond from a person, where necessary, is fulfilled the Railway Administration with whom the employee has executed the original bond, may at the time of forwarding of his application and if it is not possible, before his release for another post, may write to the Department/Organisation under whom the employee intends to take up another appointment, intimating them about the bond obligation of the individual and clarifying that in the event of his selection for the new post, his release will be subject to the condition. that the new department /organisation obtains from him a fresh bond binding him to serve them for the balance of the original bond period, and in case he fails to serve the new department/organisation, or leaves it before completion of the original bond period, for a job, where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the Railway Administration, with whom he had originally executed a bond. The Ministry/Department/Organisation, where the person is newly employed, should also duly intimate the original Ministry/Department/ Organisation, the fact of a fresh bond having been executed by the person concerned. 5. A doubt has also been raised whether the word “training” covers apprenticeship and whether exemption from recovery of expenses, as laid down in these instructions, includes payments made to an individual in the shape of training allowance or stipend. It is hereby clarified that these instructions are not restrictive, but cover all aspects of training, including apprenticeship. It is further clarified that exemption from recovery of expenses applies to all types of expenditure direct or indirect including payments made as training allowance or stipend. 6. These instruction will also apply to cases where a Railway employee has been selected for a post/service (other than private employment), for which he had applied before joining the Railway, with whom he has executed a bond. 27. Subject: Recovery of cost of training from Railway employees securing appointment outsidethe Railways [No. E(NG)I-84/AP/9 dated 01.05.1986; RBE 309/85] Reference your letter No. E/SIG/1140/26/Vol. VII dated 29.09.1984 on the above subject. It is confirmed that the Diploma Holders recruited as App. Signal Inspectors Gr. III/TCI Grade III etc. who resign from Railway service before completion of 5 years service to take up appointment under Central/State Government or in Public Sector Undertaking, can be exempted from refunding the cost of training as the training imparted to them is to be treated as induction training only, in terms of Board’s letter No. E(NG)II77 AP/6 dated 09.02.1979, subject to the condition that the employee should execute a fresh bond to serve the new employer for the balance period of the bond period as provided in Board’s letter of even No. dated 11.04.1986. 2. This issues with the concurrence of the Finance Directorate of the Department of Railways. Copy of letter No. E/SIG/1140/26/Vol. VII dated 29.09.1984 from Western Railway. Subject: Recovery of cost of training from Railway employees securing appointment outside the Railways Reference: Board’s letter No. E(NG)II/77/AP/6 dated 09.02.1979. In terms of Board’s orders contained in their letter dated 09.02.1979 cited above, non-gazetted’ staff who have not received training at Railway expense in a specific avocation but only have been given an “Induction Course” to make them suitable to the working needs of the Railway (e.g.) (l) Training given to diploma holders recruited as Chargemen/Train Examiner as distinct from the training given to matriculates recruited as App. Mechanics/App. TXRs (2) Training given to Technical Degree holders recruited as Draftsman, Design Assistants, IOWs, Chargeman etc., may be exempted from refunding the cost of training in the event of their selection to other posts under the Central/ State Governments, or in Public Sector Undertakings. 2. On this Railway an Engineering Diploma holder who was recruited as App. Signal Inspector Grade III scale Rs. 425-700 (RS) on 11.08.1978 was given 3 years training and thereafter he was posted against a working post with effect from 08.08.1981. Consequent upon his selection for the post of Jr. Engineer in ONGC, he was allowed to resign from Railway service with effect from 31.01.1984 on which date he had put in 2 years and 5 months regular services as against the period specified in the Bond viz. 5 years. He was also exempted from re-funding the cost of training in terms of Board’s orders contained in their letter dated 09.02.1979 ibid. 3. A doubt has, however, arisen that the “Induction Courses” are normally of short duration say 2 to 3 months, whereas the type of training which is imparted to App. Signal Inspectors Gr. III covers almost the entire gamut of Railway Signaling and similar training is not imparted in the academic or general professional institutions. As such, the training given to App. Signal Inspectors Grade III on the Railway tantamount to training in a particular vocation. Thus the training given to App. Signal Inspectors Grade III over a period of two years cannot be considered as “Induction Course”. 4. The FA&CAO of this Railway, whose views were sought for in the matter has opined that the training given to App. Signal Inspectors Grade III over a period of 2 years cannot be considered as “Induction Course”. He has, therefore, desired that a clarification may be obtained from the Board, whether the dispensation given by the Board in their letter of 09.02.1979 for granting exemption from refunding the cost of training would be applicable in the case of Diploma holders recruited App. Signal Inspectors Grade III who may resign from Railway service before the completion of 5 years service specified by the Board to take up appointment under the Central/State Government or the Public Sector Undertakings. 5. The question that arises in this case is, whether the training for 3 years given to Diploma holders recruited as App. Signal Inspectors Grade III is for specific avocation or is to be treated as “Induction Course”. It is considered that matriculates recruited as App. Mechanics/ App. TXRs who are given training to equip them in a technical avocation are distinct from diploma holders who have already been initiated into a technical avocation. The period of training of diploma holders which vanes from department to department, would not be relevant. All the same, it is pointed out that in the case of Signal Inspector Grade III, the duration of training has been reduced to 2 years as per Board’s letter No. E(NG)II/80/RI/39 dated 31.01.1981 in keeping with the duration of training for Chargeman/TXRs. Since Board have granted exemption from recovery of the cost of training given to diploma holders recruited as Chargeman/TXRs vide their letter of 09.02.1979, it was presumed that similar cases including that of App. Signal Inspectors Grade III would be covered by the exemption given by the Board under their letter dated 09.02.1979. The Board are therefore requested to kindly confirm if the Diploma holders recruited as App. Signal Inspectors Grade III/TCI Grade III etc., who resign from Railway services before the completion of 5 years service to take up appointment under Central/ State Government or in Public Sector Undertaking, can be exempted from refunding the cost of training so as to keep them at par with similar recruits of other departments. 28. Subject: Forwarding of application and retention of lien of Railway servants who get selected for posts in other Central Government Deptt./effect on their leave [No. E(NG)I/87/AP/1 dated 19.01.1989; RBE 24/89] In terms of the Board’s letter No. E(NG)II/68/AP/6 dated 16.06.1971, resignation tendered by a Railway servant where lien was retained in the Railways for a period of 2/3 years on his appointment under another Central Government Department is not deemed to be resignation within the meaning of Rule 2433-(b) RII as amended from time to time, for pension and as a consequence of this decision, continuity of service benefits is allowed in the matter of leave also i.e. the Railway servant on confirmation in another Central Government Department/Office is allowed to carry forward the leave earned by him not only in the Railways but that earned during temporary service or probation in the Civil Department before getting confirmed therein. 2. The question whether the carry forward of leave in such circumstances will be allowed only on confirmation in the Civil Department or on the Railway as the case may be, or on the date of tendering resignation from the parent department has been under consideration of the Ministry of Railways and it has now been decided in consultation with the D.O.P. & T. that the benefit of carry forward of leave will be allowed as and when the resignation is tendered in terms of Board’s letter No. E(NG)II/68/AP/6 dated 04.12.1968 without waiting for confirmation in the Civil Department or on the Railways, as the case may be. Cases decided otherwise need not be reopened.
