TRANSFER OF NON-GAZETTED RAILWAY SERVANTS

Government of India   Ministry of Railways   Master Circular No. 24   TRANSFER OF NON-GAZETTED RAILWAY SERVANTS   CONTENTS     No. Subject 1. Introduction 2. Definition of Transfer 3. Basis of Transfer 4. Necessitated of Transfer 4.1 – On Promotion 4.2(i) – On curtailment in a Cadre (ii) – On closure of a Shed or Establishment 4.3 (i) – Periodical Transfer (ii) – Sensitive Posts (A) – Accounts Department                                                (B) – Civil Engineering Department                                      (C) – Commercial Department                                             (D) – Electrical Department                                                 (E) – Mechanical Department                                              (F) – Medical Department (G) – Personnel Department                                                (H) – Stores Department (I) – Public Relation Department                                        (J) – Operating Department                                                (K) – S & T Department 4.4 – Periodical /Rotational Transfer of Clerical Staff 4.5 – Transfer at the instance of the Vigilance Organisation/Special Police Establishment 4.6 – Safeguard against possible malpractices 4.7 – Inter Divisional Transfer of Ticket Checking staff on Complaint of Corruption                                                                               4.8 – Transfer from one Unit of Seniority to another Unit of Seniority—Protection of Seniority 5. Transfer on the basis of requests 5.1 – Transfer on request to different unit of Seniority / another Division on the same Railway/another Railway                                        5.2 – Seniority on Transfer on request from one unit of Seniority to another 5.3 – Mutual Transfer                                                                        5.4 – Mutual Transfer in Intermediate Grades 5.5 – Setting up of a Cell to deal request of Transfer on request          5.6 – Indent with R.R.B.                                                                   6. Transfer of Railway servants who are Office Bearers of Recognised Trade Unions 6.1 – Periodical Transfer                                                                   6.2(a) – On Employee’s Request (b) – To comply with statutory obligations under HOER              (c) – On Promotion                                                                    6.3(a) – Involvement in a SPE case                                                  (b) – Transfer from one Section/Department to another in the same office (c) – From One Administrative Jurisdiction to another at the same Station 6.4 – Transfer on the SPE/Vig. Organisation or on the recommendation of Police/Civil Authorities 6.5 – Instructions issued on Transfer from time to time                      7. Transfer from other categories                                                      8. Transfer of Personal Records of Railway servants transferred from one unit to another 9. General 10. Transfer of RPF/RPSF                                                                 11. Remarks Railway Boards Orders on which the MC is based                    Subject Letter No. Date Seniority of staff on transfer from one Division to another on a Railway or from one Railway to another on personal request E (NG) 65/SR6/31 29.0l. 1966 Recommendation of the Class IV Staff Promotion Committee—Transfer of gangmen and store Khalasis to Traffic Department and Mechanical & Engineering Departments E.58 CFP/13 19.02.1959 Staff required for the Head Quarters Office of Indian Railways E (NG) 58/TR2/5 27.07.1959 Working hours of clerical staff in offices other than District/Divisional and Headquarter offices PC-59/HW-1/1 27.04.1960 Hardships caused to Scheduled Castes who are transferred to places far away from their hometown E (SCT) 60 CM1/100 08.12.1960 Transfer of staff to the Railway Service Commissions — Terms and conditions of service E (NG) 60RSC-21 09.03.1961 Recommendations of the Class IV Promotion Committee — Transfer of Gangmen to Traffic Department and Mechanical & Engineering Department E (NG) 64/CFP/9 09.06.1964 Transfer of employees who are trade union officials E (L) 64/UT1/113 21.11.1964 Transfer of Railway employees who are office-bearers of Recognised Trade Unions E (L) 64UT 1-113 02.02.1965 Subject Letter No. Date Recommendations of the Class IV Promotion Committee — Transfer of Gangmen to Traffic Department and Mechanical and Engineering Departments E (NG) 64/CFP/25 06.02.1965 Transfer of Railway staff whose conduct is under investigation E (D&A) 65RG 6-10 04.03.1965 Transfer of Railway employees who are office bearers of recognised Trade Unions E (L) 64 UT-113 11.03.1965 Staff required for the Headquarters Office of Indian Railways E (NG) 65/TR2/5 09.04.1965 Seniority of staff on transfer from one Divi­sion to another on a Railway or from one Railway to another on personal request E (NG) 65/SR6/31 30.09.1965 Seniority of staff on transfer from one Division to another on a Railway from one Rail­way to another on personal request E (NG) 65 SR 6-31 08.12.1965 Seniority of staff on transfer from one Division to another on a Railway from one Railway to another on personal request E (NG) 65/SR6/31 01.04.1966 Periodical transfers of staff E (NG) 66TR 2/2-Pt. 11.04.1966 Delegation of powers—Inter-departmental transfers – amendment to Rule 147-RI. E (NG) 66/TR2/4 18.07.1966 Transfers in the event of curtailment of cadre etc E (NG) 66/TR2/20 27.07.1966 Transfer of Staff whose conduct is under investigation under DAR E (D&A) 65/RG6/6 25.03.1967 Transfer of Railway employees from one Seniority Unit to another on administrative grounds E (NG) I/68/SR6/28 25.01.1969 Hardships to Scheduled Castes/Scheduled Tribes who are transferred to places far away from their hometown E (SCT) 70CM15/15/ 3 19.11.1970 Requests from Staff for Transfer to other Divisions/Railways E (NG) I/70/RR1/31 11.01.1971 Inter-divisional and inter-Railway transfers E (NG) 11/71/TR/l 31.03.1971 Registration of requests for transfer of non-gazetted Railway servants E (HG) II/71/TR/14 01.10.1971 Staff required for the Headquarters Office of Indian Railways —Transfers from Divisions to HQs E (NG) II/71ATR/12 02.09.1972 Hours of work and Gazetted Holidays for clerical staff PC-72/RLT-69/1 24.07.1973 Hardship caused to S/C and S/T who are transferred E (SCT) 74CM 15/58 14.01.1975 Transfer of Safaiwalas to Workshops in the Mechanical Department F (NG) I/74/CFP/51 Pt. 10.02.1975 Transfer of Trade Union Officials E (LR) 75/UT1/176 08.08.1975 Transfer of Railway employees consequent upon their taking part in May 1974 strike E (NG) II/74/TR/22 29.09.1975 Transfer of Railway employees consequent upon their taking part in May, 1974 strike   E (NG) II/74/TR/22 29.01.1976 Subject Letter No. Date Transfers in the event of winding up of establishment — Consultation with organised labour E (NG) II/77/TR/21 15.06.1977 Transfer of staff affected at the instance of S.P.E. and Vigilance Organisation E (NG) II/77/TR/112 06.02.1978 Transfer of staff affected at the instance of S.P.E. and Vigilance Organisation E (NG) II/77/TR/112 27.05.1978 Posting of SC/ST near the hometown on initial appointment 78E (SCT) 15/25 06.07.1978 Periodical transfer of the non-gazetted staff E (NG) II/78/TR/85 27.04.1979 Periodical transfer of the non-gazetted staff E (NG) II/78/TR/82 07.02.1980 Periodical transfer of the non-gazetted staff E (NG) I/80/TR2/28 22.08.1980 Periodical transfer of non-gazetted staff – Not frequent Transfer E (NG) I/81/TR/19 23.05.1981 Recommendations of the Railway Accidents Enquiry Committee 1978 E (NG) I/81/PM1/ 246 08.12.1981 Periodical transfer/Rotation of non-gazetted staff E (NG) I/80/TR/28 31.12.1981 Periodical transfers of non-gazetted staff E (NG) I/82/TR/44 (CA) 17.12.1982 Transfer of Personal Records of staff transferred from one Railway Unit to another 84/AC-II/21/2 25.08.1984 Posting of SC/St near their Home Town on initial appointment/promotions/ transfers 85.E (SCT) 1/43/1 RBE 336/85 24.12.1985 Periodical transfer of Railway employees— Policy regarding—Review of E (NG) I/80/TR/28 RBE 35/86 19.02.1986 Periodical transfer of Railway employees E (NG) I/80/TR/28 RBE 256/87 16.10.1987 Posting of husband and wife at the same station E (NG) I/86/TR/14 RBE 8/88 06.01.1988 Transfer of Gangmen to Traffic, Mechanical and Engineering Departments against 10{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} annual intake E (NG) I/87/CFP/12 (PNM/NFIR) RBE 17/88 27.01.1988 Transfers of staff—Measures to check possible malpractices E (NG) I/80/TR/28 RBE 156/88 21.07.1988 Inter-divisional transfer of Ticket Checking Staff E (NG) I/80/TR/28 RBE 102/89 13.04.1989 Fixation of pay of Gangmen on transfer to other Departments —Regarding E (P&A) II/87/JCM/ DC/2(PP) 05.06.1989 Periodical transfer of Railway employees E (NG) I/87/TR/34/ NFIR/JCM/DC  RBE 244/89 27.09.1989 Posting of Physically Handicapped Candidates. [Supplementary Circular No. 2 to M.C. No. 24] E (NG) I-90/TR/13 RBE 23/92 11.02.1992 Transfer/Re-transfer of Ticket Checking Staff E (NG) I-92ATR/32 / JCM (DC) 10.08.1993 Transfer/Re-transfer of Ticket Checking Staff       E (NG) I-92//TR/32/ JCM (DC) RBE 37/94 05.05.1994 Subject Letter No. Date Transfer of ministerial staff from Adminis­trative Offices to non-Administrative Officers and vice-versa E (NG) I-93A R/24 21.09.1994 Extracts from I.R.E. CodeVol. II & I. Other Railway Boards Orders on the Subject             TRANSFER OF NON-GAZETTED RAILWAY SERVANTS     The instructions issued by the Railway Board from time to time on the subject of transfer of non-gazetted Railway servants are contained in several letters. It has now been decided by the Railway Board, to issue a consolidated Master Circular, as below, incorporating all the instructions issued so far on the subject for the informa­tion and guidance of all concerned.               2. Transfer means the movement of a Railway servant from one headquarters station in which he is employed, to another such station, either —   (i) To take up the duties of a new post; or   (ii) In consequence of a change of his headquarters. [Ref: Rule 103(51)-Indian Railway Establishment Code Vol. I 1985]   3. Transfer may be ordered either on a temporary basis or on a basis otherwise than temporary.   3.1 Wherever the transfer of a Railway servant is temporary, the same should be mentioned in the transfer order.     4. Transfers otherwise than on temporary basis, are necessitated by administrative requirements or occasioned by consideration of requests received from the Railway servants. Transfer is not a punishment.   4.l    Transfer of a Railway servant, ordered as a result of his promotion should be carried out by the employee as early as possible in his own interest.   4.2   (i) Whenever any curtailment in a cadre takes place and Railway servants have to be transferred, as a general rule the junior most employees should be transferred first. [Ref: Board’s letter No. E (NG) 66/TR2/20 dated 27.07.1966]   (ii) If there is closure of activity on a particular station on a Railway like closing down a shed or a particular establishment necessitating transfer of Railway servants enmasse, the matter should, be discussed with the Labour, to help in proper arrangements being made for dealing with the human problems that might arise in such cases. [Ref: Board’s letter No. E (NG) II/77/TR/21 dated 10.06.1977]   4.3       (i) Railway servants holding sensitive posts and who come into contact with public or/and contractors/suppliers etc., should be transferred out of their existing post/seat or station as the case may be, after e very four years.   (ii) Posts in the different departments, which have been identified as sensitive posts for the purpose of periodical transfer, are as follows:   A. Accounts Department:   1. Staff passing contractors’/Finns’ bills;   2. Staff dealing with claims/refund and wharf age/demur-rage for general public;   3. Cheque writers;   4. Cashiers;   5. Staff dealing with Pension/PF claims;   6. Staff dealing with Passes/release of unpaid wages; and   7. Staff dealing with post audit of paid vouchers and issue of acquittance.   B. Civil Engineering Department:   1.  IOWs/PWIs in charge of stores;   2.  Bill Clerks;   3.  Material checking Clerk, Store Clerks;   4.  Time Keepers;   5.  Works Accountants;   6.  Assistant Superintendents/Superintendents in charge of Stores Accountal;   7.  Staff dealing with transfers / promotion / sanction of loans and advances/issue of Passes and PTOs, maintenance of leave accounts and local purchases; and   8.  Draftsmen / Estimators in Divisional Drawing Office checking Contractors’ bills.   C. Commercial Department:   1.  Goods/Parcel/Luggage Clerks;   2. Enquiry/Reservation/Booking Clerks;   3. Ticket Collector/TTEs/Conductors; 4. Reservation/Goods Supervisors;   5. Staff dealing with Wharf age/Demurrage cases;   6. Staff dealing with Goods/Parcel handling contracts and catering contracts;   7. Staff dealing with City Booking/Out-agencies;             8. Staff dealing with claims; and   9. Sectional CMIs & Sectional Claims Inspectors.   D. Electrical Department:   1. Stores Clerk;   2. Establishment Clerk/Time Keepers;   3. Assistant Superintendent/Superintendent Stores in Divi­sional Office;   4. Assistant Superintendent/Superintendent Works in Divi­sional Office;   5. Air-conditioned coach in charge/coach attendant;   6. Foreman in charge of Shop;   7. Mileage Clerk/Shed Notice Clerk;   8. Staff dealing with Tender/Contracts; and purchasing stores.   E. Mechanical Department:   1.  Store Clerk;   2. Bill Clerk/Establishment Clerk;   3. Time Keeper;   4. Fuel Inspector/Fuel Issuer/Fuel Clerk in Sheds;   5. Mileage Clerk/Shed Notice Clerk in Sheds; and   6. Staff dealing with Tenders/Contracts, purchase of stores.     F. Medical Department:   1. Pharmacists looking after the drug stores;   2. Staff in charge of Kitchen Stores; and   3. Staff writing out Sick/Fit certificates.   G. Personnel Department:   1.   Bill Clerk;   2.   Staff dealing with settlement cases / advances; and   3.   Cadre Section staff dealing with recruitment / promotion / transfer.   H. Stores Department:   1.  Tender Clerk/Disposal Clerk, Purchases Section in charge (Head Clerk/Assistant Superintendent), Demand Clerk dealing with operation of rate contract.   2.  Assistant Conf. Tender Clerk/Tender Opening Clerk/Sample Clerk/Superintendent CTC;   3.  Section in charge (H.C./A. S), Registration Clerk in Purchase general registration;   4. Sales section in charge (ASKP/DSKP) and staff working under them;   5.  Receipt / Insp. Supervisor In charge (Ward Keeper, ASKP/DSKP) and Group ‘C’ staff working under them, Local Purchase staff;   6.  Scrap yard/Returned Store Section In charge, (ASKP/ DSKP) Ward Keeper and Group ‘C’ staff working under  them; and   7. Staff in Purchase Section of EA/DRM or DCOS of Division.   I.P. R. Department:   l. Inspectors/Staff dealing with revenue earning, Commercial Publicity.       J. Operating Department:   1. Station Superintendents;   2. SMs/ASMs not working as Cabin SM/ASM;   3. Station Clerk;   4. Tram Clerk dealing with package work;   5. Stock Controller/Coaching Controller in Control Rooms;   6.  Staff on desks dealing with mileage bills, operating restrictions, distribution of uniforms, traffic stores and charge sheets, wagon allotment section dealing assistants in the office of DOSs/DCMs; and   7.  Staff on desks dealing with Commodity Section and Stores Section in the COM’s office.   K. S & T Department:   1.   SIs/TCIs in charge of Stores;   2.   Bill Clerk/Time Keeper/Establishment Clerk;   3.   Stores Clerk/Stores Issuer.   [Ref: Board’s letters No. E (NG) II/78/TR/85 dated 27.04.1979, E (NG) II/78/TR/82 dated 07.02.1980; E (NG) I/80/TR/28 dated 22.08.1980, 31.12.1981, 19.02.1986, 16.10.1987 and E (NG) I/87/TR/34/NFIR/JCM/DC dated 27.09.1989]   4.4. For clerical staff working on sensitive posts/seats, rotational shifting from desk to desk will meet the requirements of periodical transfer. [Ref: Board’s letter No. E (NG) II/78/TR/85 dated 27.04.1979]   4.5. Transfers are ordered in certain cases at the instance of the Vigilance Organisation/Special Police Establishment, to facilitate proper enquiries being made etc. In order to ensure that there is no harassment and/or victimisation on this account, the DRM in respect of Divisionally controlled staff and the CPO in respect of Headquarters controlled staff may hear representations of genuine grievance, if any made, before a final decision is taken to effect the transfer. This procedure will not, however, apply to the cases of transfer of office bearer(s) of the recognised Unions, who are governed by a separate set of orders. [Ref: Board’s letters No. E (NG) II/77/TR/112 dated 06.02.1978 and 27.05.1978]   4.6. As a measure of safeguard against possible malpractices in the transfers, whenever the transfer order of a Railway servant issued by the competent authority on the basis of complaints, Vigilance/CBI enquiries etc., is proposed to be cancelled without the Railway servant having actually carried out the transfer order or it is proposed to bring back the employee concerned to the original place of posting within one year, the competent authority should obtain the approval of the next higher authority, providing the full details of the case to the said higher authority and the reasons which justify the change in the original transfer orders. It should also be kept in view that a Railway servant undergoing penalty as a result of a vigilance case is not posted in any post involving public dealings especially in areas prone to corruption. [Ref: Board’s letter No. E (NG) I/80/TR/28 dated 21.07.1988]     4.7. Ticket checking staff, detected indulging in malpractices, should be sent on inter-Divisional transfer, as a matter of policy. They may be transferred to an adjoining Division on the same Rail­way. They may also be transferred to a Division on another Railway adjoining their parent Railway, if they make a request to that effect. The ticket checking staff, who have been so transferred out of the existing Division on complaints of corruption and later exonerated or awarded a penalty of censure should not be brought back to the parent Division, even if they so desire. [Ref: Board’s letter No. E (NG) I/80/TR/28 dated 19.02.1986]   G.Ms may, however, personally review cases of inter-Divisional transfers of Ticket Checking Staff orders on suspicion of malpractices if after proper enquiry, the staffs are fully exonerated. The review will be done personally by the GMs and the powers in this regard should not be delegated to any other authority. Where the transfer has been ordered at the instance of the Board, a reference to the Board is necessary. [Ref: Board’s letter No. E (NG) I/80/TR/28 dated 13.04.1989]   4.8. Transfer of Railway servants from one unit of seniority to another unit of seniority on administrative grounds except on pro­motion/due to shrinkage of cadre/legal requirements etc., should be ordered rarely and in public interest only e. g. in cases where the conduct of an employee is under investigation or where in the interests of the Administration it is considered that the Railway servant should be kept at another station. In such cases of transfer, the Railway servants so transferred are given protection of seniority, causing hardship to the staff awaiting promotion in the unit to which they have been transferred. Therefore, such transfers should be ordered only when absolutely inescapable. Where an enquiry is pending against the Railway servant, the same should be processed expeditiously and the matter finalised as early as possible, so that the Railway servant may be transferred back to his original unit of seniority. [Ref: Board’s letter No. E (NG) I/68/SR6/28 dated 25.01.1969]   5. Transfer on the basis of requests:   Transfer of Railway servants on consideration of their requests within the same unit of seniority does not entail loss of seniority to the Railway servants concerned. The requests are normally based on family convenience or educational facilities, etc. Such requests should be registered as per the practice already prevalent and processed. Where there are unpopular stations from which the Railway servants have sought transfer, it should be ensured that such stations are manned to the authorised strength by prescribing a minimum period of service at such stations as a prerequisite to transfer to popular station by registration. [Ref: Board’s letter No. E (NG) H/71/TR/14 dated 01.10.1971]   5.1 Where the requests involve transfer to a different unit of seniority / another Division on the same Railway/another Railway, transfer should be ordered after clearance from all sources and acceptance by the new unit. Such requests should be considered only from the Railway servants, who are in the initial recruitment grade (s) or in the intermediate grade (s), to which there is an element of direct recruitment. Such employees (those working in intermediate grades) when transferred should be set off against the vacancies reserved for direct recruitment in the new unit. Railway servants seeking inter-Divisional, inter-Railway transfers need not possess the educational qualification(s) prescribed for direct recruitment. No transfers on personal requests should be ordered in intermediate grades where all the vacancies are filled entirely by the promotion of staff in the lower grade (s). Requests from Railway servants recruited against the Sports Quota for inter-Railway transfer, in any grade, should not be entertained. [Ref: Board’s letters No. E (NG) 65SR6/31 dated 30.09.1965, 29.01.1966, 01.04.1966 and E (NG) II/71/TR/1 dated 31.03.1971; E (Rep) I/88AE/12/6/l15 dated 07.06.1988]   5.2 Railway servants transferred at their request from one unit of seniority to another should be assigned bottom seniority in the relevant grade on the date they join the new unit i. e. they should be placed in the seniority list below all the existing staff, both permanent and regular in the relevant grade on the date they join the new unit irrespective of their length of service and status in the former unit. [Ref: Board’s letter No. E (NG) II/71/TR/1 dated 31.03.1971]   5.3 Apart from cases of individual requests made by the Rail­way servants, cases of two employees of different Divisions/Rail-ways working in the same grade, submitting joint applications or separate individual applications seeking mutual transfer may also occur. Where such requests are allowed after processing the necessary formalities, the senior of the two employees will be assigned the place of seniority vacated by the other person i.e. the junior, who will be allowed to retain his former seniority and fitted into the seniority in the new unit below all the persons having the same seniority. [Ref: Rule 230-R. I 1985 Edition]   5.4 Mutual transfers may be allowed between a temporary Rail­way servant and a permanent Railway servant. It may also be al­lowed in intermediate grades, where there is no element of direct recruitment.   5.5 To mitigate the hardships caused to the Railway servants seeking transfer from one unit of seniority to another, in the shape of loss of seniority, a Cell should be set up in the Headquarters Office of each Railway where requests from Railway servants for transfer from one unit of seniority to another should be registered. Requests involving inter-Railway transfer should, thereafter be advised to the other Railways concerned, which should arrange to publish the requests in the Railway Gazette for the benefit of those who may be interested in mutual transfer, to enable them to apply. This will help in locating applicants, if any, in the other Railways with matching seniority, for purposes of consideration. The requests should be registered and processed on the basis of seniority among applicants once annually and the Cell should function as a clearinghouse for sorting out the transfers on the basis of mutual exchange. [Ref: Board’s letter No. E (NG) II/71/TR/1 dated 31.03.1971] 5.6 While placing indent with the Railway Recruitment Boards, the extent of additional candidates required on the basis of the number of Railway servants in various categories who have applied for transfer to the other Divisions/Railways should be taken into ac-count and recruited so that transfer may take place without hitch on the availability of replacements. [Ref: Board’s letter No. E (NG) I/70/RR 1/31 dated 11.01.1971]   6. Transfer of Railway servants who are office bearers of recognised Trade Unions:   Any proposal to the transfer of an office bearer of a recognised Trade Union including its Branches should be advised to the Union concerned and the Union should be allowed to bring to the notice of the Divisional Officer and if necessary, later to the G.M. any objection that they may have to the proposed transfer. If there is no agreement at the lower level(s) the decision of the G.M. will be final. Sufficient notice should be given to the Union of a proposed transfer to enable the Union to make alternative arrangements for carrying on the work or for making a representation against the proposed transfer. [Ref: Board’s letter No. E (L) 60UT1/31 dated 19.02.1960]   6.1 In the case of usual periodical transfer, where it is decided, after consideration of the appeal by the General Manager, not to cancel the order, the transfer may be allowed to pend till the next election of the Union office bearers, subject to a maximum period of one year. This procedure will apply only in cases of periodical transfers as distinct from transfers ordered on other special considerations in public interest. [Ref: Board’s letter No. E (L) 61/PE1/43 dated 31.07.1961]   6.2       (a) Where a transfer has been ordered at the employee’s request, there is no need to follow the usual procedure laid down for transfer of Union office bearers. It is for the Railway servant himself to satisfy the Union to which he belongs, as far as his movement from a particular station is concerned.   (b) Where a transfer becomes necessary to comply with statutory obligations under the HOER, the Railway should comply with the usual procedure, by conveniently planning the transfers.   (c) For transfers becoming necessary on promotion, it is enough if the Union is only informed about the proposed transfer and it is not necessary to pend the same unless the Railway servant wishes to refuse promotion. A senior employee need not be transferred in preference to the one promoted in order to accommodate the Union office bearer at the same station. Transfer of an office bearer, who has been rendered surplus at a particular station, should be treated on the same lines, as given herein. [Ref: Board’s letter No. E (L) 64UT1/1I3 dated 06.10.1964]   6.3       (a)If an office bearer of the Union has to be transferred because of involvement in a SPE case, the Union concerned may only be advised of the transfer. Any representation the Union makes may be considered, but it is not necessary to keep the transfer in abeyance for this purpose. [Ref: Board’s letter No. E (L) 64UT1/1I3 dated 21.11.1964] (b) In case of transfer from one section/Department to another in the same office there is no need to give notice to the Union before hand. However, the Union may be informed about the transfer at the time of affecting such transfers. For transfers to another office located at a distance but within the same area at the same station, usual procedure may be followed. [Ref: Board’s letter No. E (L) 64UT1/1I3 dated 21.11.1964]   (c) The usual procedure should be followed for transfers from one administrative jurisdiction to another at the same station i.e. say transfer from a Workshop to a Loco Shed.   6.4 The normal procedure need not be followed in a case where the transfer of an office bearer of the Union is considered necessary by the SPE/Vigilance organisation of the Railway. In such a case, papers should be seen by the G.M. personally, before the transfer is decided. The Trade Union need not be given any notice but should only be advised of the transfer. The same procedure should be followed in the cases where the Civil and Police authorities recommend immediate transfer of the Railway servant, who is an office bearer of a recognised Union, on the ground that the individual is indulging in undesirable activities, detrimental to the efficient functioning of the Railway. [Ref: Board’s letter No. E (LR) 75UT1/16 dated 08.08.1975]   6.5 The instructions issued on the subject from time to time as mentioned in paras 6 to 6.4 above, have been consolidated in 1980 for guidance and strict compliance. [Ref: Board’s letter No. E (LR) III/79/UTF/14 dated 16.01.1980]   7. Transfer from other categories:   Railway servants employed in one department shall not be eligible for employment in another except with the previous consent of the Head of the Department in which they are employed. Without such prior consent, the Head of an Office or Department shall not employ anyone, either temporarily or permanently, if he knows or has reasons to believe that the person belongs to another establish­ment under the Government. A Railway servant, who takes up an employment without the consent of the Head of the Department, commits a breach of discipline and is liable to be punished. DRMs concerned may, however, transfer Gr. “D” Railway servants (Peons, Gangmen, Khalasis, unskilled and Semi-skilled etc.) from one De­partment to another or from one Division to another without consulting the Head of the Department. [Ref: Board’s letter No. E (NG) 66/TR2/4 dated 18.07.1966 and Para 231-RJ, 1985 Edition]   8. Transfer of Personal Records of Railway servants transferred from one unit to another:   Where a Railway servant has been transferred from one Rail­way unit to another, the transfer documents of the Railway servant concerned, complete in all respects, should be forwarded within ten days from the date of his relief, to the office to which he has been transferred, so as to ensure that no hardship/difficulty is experienced by him due to non-availability of the documents. [Ref: Board’s letter No. 84/ACII/21/2 dated 25.08.1984] 9. General:   Ordinarily a Railway servant shall be employed throughout his service on the Railway or the Railway establishment to which he is posted on first appointment and he shall have no claim, as of right, for transfer to another Railway or establishment. In the exigencies of service, it shall be open to the President to transfer a Railway ser­vant to any other department or Railway or Railway establishment including a project in or out of India. In regard to Group “C” and Group “D” Railway servants, powers to transfer them within India may be exercised by the General Manager or by a lower authority to whom the powers have been redelegated. [Ref: Para 226-R.I.—1985 Edition]   9.1 A competent authority may transfer a Railway servant from one post to another, provided that the Railway servant shall not be transferred substantively to or, except in a case of dual charge, appointed to officiate in a post carrying pay less than the pay of the permanent post on which he holds a lien or would hold a lien had it not been suspended. This provision will not, however, apply, where a Railway servant has to be transferred —   (1) On account of inefficiency or misbehavior; or   (2) On his written request. [Ref: Para 227-R.I.—1985 Edition]   9.2 Mid-session transfers of Railway servants should be kept down to the minimum necessary in the interests of administration.     9.3 While transferring Railway servants from one station to another, the fact of an employee’s spouse having been posted at a particular station should be kept in view. Requests for transfer to a station where a Railway servant’s spouse is working should also be considered sympathetically as far as possible, having regard to the administrative convenience and the merits of each case. [Ref: Board’s letter No. E (NG) 11/71/TR/19 dated 01.10.1971 & E (NG) I/86/TR/14 dated 06.01.1988]   9.4 Views of the Supervisory staff should be given due consideration, wherever possible, while ordering transfers of Railway servants working under their charge. [Ref: Board’s letter No. E (NG) I/81/PM1/246 dated 08.12.1981]   9.5 The employees belonging to Scheduled Castes and Scheduled Tribes should be transferred very rarely and for very strong reasons only. Posting of employees belonging to these communities on their initial appointment/promotions/transfers should as far as practicable be confined to their native district or adjoining districts or places where the Railway Administration can provide the quarters subject to their eligibility. [Ref: Board’s letters No. E (SCT) 70CM15/3 dated 19.11.70; E (SCT) 74CM15/58 dated 14.01.1975; 78-E (SCT) 15/25 dated 06.07.1978 & 85-E (SCT) I/43 dated 24.12.1985]     10. Transfer of Railway servants, who are members of the Rail­way Protection Force and Railway Protection Special Force is governed by the provisions of the R.P.F. Rules, 1987.   11.       (i)  While referring to this Master Circular, the original let­ters mentioned herein should be read for a proper appreciation. The Master Circular is only a consolidation of the existing instructions and should not be treated as a substitution to the original circulars. In case of doubt, the original circulars should be relied upon as authority;   (ii) The instructions contained in the original circulars referred to, have only prospective effect from the date of their issue, unless indicated otherwise;   (iii) If any circular on the subject, which has not been superseded has been lost sight of in the preparation of the Master Circular, the said circular which has been missed through oversight, should not be ignored, but should be treated as valid and operative.   12. The letters and other references on the basis of which, the Master Circular has been prepared are indicated in the enclosure.   l.   Subject:Recommendation of the Class IV Staff Promotion Committee—Transfer of gangmen and store Khalasis to Traffic Department and Mechanical & Engineering Departments. [No. E58CFP/13 dated 19.02.1959]   In paras 49, 61 and 77 of their Report, the Class IV Staff Promotion Committee have recommended as follows:   (a)    10{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of the annual intake of gangmen should be encouraged to be transferred to the Mechanical Engineering and Transportation (Power) Department and Traffic & Commercial Department as well as to the works side of the Engineering Department.   (b)   Transfer of stores Khalasis from Stores Departments to the Mechanical Workshops as permissible under extant orders should continue.   (c)    The number of men transferred from other Departments to Mechanical workshops should not exceed 10{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of the annual intake.   2. Government have accepted the recommendations. They have further decided that as in the case of workshops, the number of persons to be transferred to the works side and Traffic & Commercial Departments should not exceed 10{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of the annual intake. The persons who are to be transferred to the works side of the Engineer­ing Department or the Traffic and Commercial Department or Work­shops (Mechanical & Electrical) should be suitable in all respects, i.e., —   (a) Be literate, wherever necessary;   (b) Possess physical standard prescribed for recruitment to that Department/ Workshop;   (c) Be less than 28 years of age, this limit being relaxed by 3 years in the case of persons belonging to scheduled castes and scheduled tribes; and   (d) Have the aptitude for work to which they are to be trans­ferred. Gangmen who are transferred to Works Branch/Traffic and Commercial Department/Workshops, will count half the length of continuous service for seniority in the new cadre in which they are absorbed Similarly stores Khalasis who are absorbed in the workshops against the 10{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} quota will count seniority to the extent of half the length of continuous service. The Board desire to make it clear that other stores Khalasis up to the age of 30 may be transferred to the unskilled cadres in the Mechanical Workshops in terms of the orders contained in Board’s letter No. E (NG) 56PM1-27 dated 27-9-1956; they will not, however, be eligible to count any portion of their earlier service for the purpose of seniority. In all these cases, it should be made clear to the staff that they have to proceed on transfer without the guarantee of quarters being provided.       2.   Subject:Staff required for the Head Quarters Office of Indian Railways. [No. E (NG) 58TR2/5 dated 27.07.1959]   Reference Shri Sawhney’s D.O. E (NG) 58RT2/5 dated 26.02.1958 and your Chief Personnel Officer’s reply thereto. The Board have carefully considered the matter and have decided that 20{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of the recruitment for the Headquarters Offices should be done on the Divisions and the staff asked to volunteer for transfer to the Headquarters Office at 6 to 8 years’ service. They will rank in seniority on the basis of their length of service in the recruitment.       5.   Subject:Recommendations of the Class IV Promotion Committee — Transfer of Gangmen to Traffic Department and Mechanical & Engineering Department [No. E (NG) 64-CFP/9 dated 09.06.1964]   In modification of para, 2 (c) of Board’s letter No. E 58CFP/13, dated 19.02.1959 (See Appendix l) on the above subject, the Board have decided that the age limit for transfer of Gangmen to other Departments should be 35 years except that the age of 28 years would continue to apply for transfer of such staff to categories lying in the channel of promotion of “Running staff.          7.     Subject:Transfer of employees who are trade union officials. [No. E (L) 64UT1-113, dated 21.11.1964]     Reference D.O. letter No. E/1160/TU, dated 05.10.1964 from Shri M.A. Ashruff. The Board desire to clarify as under:   (i)      If a Trade Union Official has to be transferred because of being involved in a special Police Establishment case, the Union concerned may be advised of the transfer. It is not necessary to give notice for this purpose. Any representation, the Union makes put, may be considered but it is not neces­sary to keep the transfer in abeyance for this purpose.   (ii)    In case of transfer of a Trade Union Official from one section/department to another in the same office, there is no need to give notice to the Union before hand. However, the Union may be informed about the transfer at the time of affecting such transfers. In the case of transfers to another office located at a distance but within the same area at the same station, usual procedure may be followed.     8.   Subject:Recommendations of the Class IV Promotion Committee — Transfer of Gangmen to Traffic Department and Mechanical and Engineering Departments. [No. E (NG) 64 CFP/25 dated 06.02.1965]   Reference Board’s letter No. E (NG) 64CFP/9 dated 09.06.1964 (See Appendix 5) on the above subject. It is clarified that the age limit of 35 years will now apply in all cases except in the case of staff transferred to categories lying in the channel of promotion of running staff. The relaxation in age granted to the scheduled caste/ scheduled tribe candidates in Board’s letter No. E58CFP/13 dated 19.02.1959 (See Appendix l) would continue to apply only in the case of transfers to categories lying in the channel of promotion of running staff and not in any other case.       9.   Subject:Staff required for the Headquarters Office of Indian Railways. [No. E (NG) 65TR2/5 dated 09.04.1965]   Reference Railway Board’s letter No. E (NG) 58TR2/5 dated 27.07.1959 (See Appendix 2) wherein instructions were issued that 20{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of the recruitment for the Headquarters Offices should be done on the Divisions and staff asked to volunteer for service to the Headquarters Office after 6 to 8 years service in the Division Offices. It appears that these instructions have been found difficult to be implemented as the vacancies to the extent of 20{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} in Headquarters Office cannot be afforded to be kept vacant from 6 to 8 years till the staff become due for transfer from the Division to Headquarters. The Board desire to point out that intention of the orders is that 20{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of vacancies in Headquarters Office should be filled by transfer of staff working on Divisions having 6 to 8 years service on a volunteer basis. For example, if there are 10 vacancies in the Headquarters office, eight will be filled by direct recruits and two drawn from the Divisions on option-cum-seniority basis and vice them two direct recruits recruited against vacancies for the Headquarters Office would be sent to the respective Divisions.         10.   Subject:Seniority of staff on transfer from one Divi­sion to another on a Railway or from one Railway to another on personal request [No. E (NG) 65 SR 6-31 dated 30.09.1965]   Reference Railway Board’s letter No. E 55 SR6/6/3 dated 19.05.1955 and para 12 of Chapter III of the Indian Railway Estab­lishment Manual. It has been represented to the Board that the Rail­way employees working in the intermediate grades are not permitted to seek transfer to other Divisions on a particular Railway or from one Railway to another on grounds of personal convenience and if such transfers are permitted, they are allowed seniority in the lowest grade. The Board have considered the matter and observe that there should be no objection to such transfers being allowed in posts in grades, which are filled partly by direct recruitment and partly by promotion of staff from ranks, provided the Railway employees seeking transfer on request fulfill the educational qualifications laid down for direct recruitment. Such employees on transfer could be set off against the posts reserved for direct recruitment.   2. An advance copy of correction slip to the Indian Railway Establishment Manual is sent herewith for information and guidance.   Indian Railway Establishment Manual Correction Slip No. Chapter III     Rule 12. Add the following as Note 2 below this Para and existing Note be renumbered as Note l:   “The expression «relevant grade» applies to grades where there is an element of direct recruitment. Transfer on request from Railway employees working in such grades may be accepted provided they fulfill the educational qualifications laid down for direct recruitment.”     1l.   Subject:Seniority of staff on transfer from one Division to another on a Railway or from one Railway to another on personal request. [No. E (NG) 65SR6-31 dated 29.01.1966]   Reference Board’s letter of even number dated 30.09.1965 on the above subject. It is further clarified that inter-Railway or Inter-Divisional transfers on Personal request should not be allowed in such intermediate grades where there is no element of direct recruitment, all posts in such grades being filled entirely by promotion of staff in the lower grade (s).   The advance copy of correction slip to the Indian Railway Establishment Manual issued under Board’s letter dated 30.09.1965 referred to above may be substituted by the advance copy of correc­tion slip (No. 138) sent herewith.   Indian Railway Establishment Manual Correction Slip No. 138 Chapter III   Rule 12. Add the following as Note 2 below this Para and; existing Note be renumbered as Note l:   “The expression “relevant grade” applies to grades where there is an element of direct recruitment. Transfer on request from Railway employees working in such grades may he accepted provided they fulfill the educational qualifications laid down for direct recruitment. No such transfers should be allowed in the intermediate grades in which all the posts are filled entirely by promotion of staff from the lower grade (s) and there is no element of direct recruitment”.       12.   Subject: Seniority of staff on transfer from one Division to another on a Railway from one Railway to another on personal request [No. E (NG) 65SR6-31 dated 01.04.1966]   Reference Board’s letter No. E (NG) 65SR6-31 dated 29.01.1966. The Board have reconsidered the matter and have decided that it is not necessary for the staff, seeking transfers in intermediate grades from one Railway to another or from one Division to another on a particular Railway on personal request, to possess the educational qualifications laid down -for direct recruit­ment. You may accordingly permit transfers being made.   2. Note (2) to para 12 of Chapter III of the Indian Railway Establishment Manual as introduced vide C.S. No. 138 may please be revised as in the advance C. S. sent herewith.   Indian Railway s Establishment Manual Advance C. S. No. 140 Chapter HI   Rule 12. Note (2) below this Rule as introduced vide Advance Correction Slip No. 138 may be substituted as under: —   “The expression “relevant grade” applies to grades where there is an element of direct recruitment. Transfers on re­quest from Railway employees working in such grades may be accepted in such grades. No such transfers should be allowed in the intermediate grades in which all the posts are filled entirely by promotion of staff from the lower grade (s) and there is no element of direct recruit­ment”.     13.   Subject:Delegation of powers—Inter-departmental transfers – amendment to Rule 147-RI. [No. E (NG) 66TR274 dated 18.07.1966]   In exercise of the powers conferred by proviso to Article 309 of the Constitution, the President hereby directs that rule 147 of the Indian Railway Establishment Code Vol. I be amended as in the enclosed Advance Correction Slip No. 226-R.I.   The rule when amended will read as under: —   “147. Persons employed in one department shall not be eligible for employment in another, except with the previous consent of the head of the department in which they are employed. Without such prior consent the head of an office or department shall not employ a person, either temporarily or permanently, if he knows or has reason to believe that such person belongs to another establishment under Government. A Railway servant who takes up the new employment without the comment of the head of depart­ment commits a breach of discipline and is liable to be punished.   Divisional Superintendent/Divisional Superintendents concerned may however transfer class IV Railway servants (peons, gangmen, Khalasis, unskilled and semi-skilled etc.) from one Department to another or from one Division to another without consulting the head of the de­partment.”   Advance Correction Slip No. 226/R/I   Rule 147-R.I.   The following may be added to the existing rule: —   “… Divisional Superintendent/Divisional Superintendents concerned may, however, transfer Class IV Railway ser­vants (Peons, Gangmen, Khalasis, Unskilled and Semi-skilled etc.) from one Department to another or from one Division to another without consulting the head of the Department.” [Board’s letter No. E (NG) 66TR2/4 dated 08.08.1966]       14.   Subject:Transfers in the event of curtailment of cadre etc. [No. E (NG) 66/TR2/20 dated 27.07.1966]   It has been brought to the notice of the Board that the practice of transferring staff in the event of curtailment of a cadre varies from Railway to Railway and even from Division to Division on a Railway. With a view to bring about uniformity in the matter, the Board desire that, as a general rule, the junior-most employee should be transferred first whenever any curtailment in a cadre takes place.   15.   Subject: Transfer of Staff whose conduct is under investigation under DAR  [No. E (D&A) 65RG6/6 dated 25.03.1967]   Reference Board’s letter No. E (D&A) 62 RG6-15 dated 29.03.1962 wherein it was laid down that non-gazetted staff, whose conduct is under investigation for charges meriting dismissal/removal from ser­vice, including those under suspension should not be transferred from one Railway Administration to another till after the finalisation of the departmental or criminal proceedings against them. The Board have considered the matter further and have now decided that non-gazetted staff against whom a disciplinary case is pending or is about to start should not normally be transferred from one Railway/ Division to another Railway/Division till after the finalisation of the departmental or criminal proceedings, irrespective of whether the charges merit imposition of a major or minor penalty.     16.   Subject:Transfer of Railway employees from one Seniority Unit to another on administrative grounds. [No. E (NG) I-68SR6/28 dated 25.01.1969]   It has been represented to the Board that in certain cases transfers are made by the Administration from one Seniority Unit to another in the interest of the Administration, and as a result thereof, the chances of promotion of the staff in the l lower grades in the unit to which persons have been transferred have been adversely affected.   2. The Board have carefully considered this and observe that transfers from one Seniority Unit to another generally pertain to inter-divisional transfers which are effected very rarely and in public interest only, e.g. in cases where the conduct of an employee is under investigation or where in the interest of Administration, it is considered that the employee should be kept another station. Since these men are transferred to another Unit in the administrative inter­est, they are given protection of their seniority in the new unit. The Board observe that while such cases are few and far between, it is necessary to ensure that such cases are carefully scrutinised with a view to avoiding hardship to staff awaiting promotion in the Unit to which the men are transferred. Such transfers should be made only when they are absolutely inescapable. In cases where an enquiry is pending against an employee, the investigation should be processed expeditiously and the matter finalised as early as possible so that the employee can be retransferred to his original unit as soon as pos­sible.   18.         Subject:Hardships to Scheduled Castes/Scheduled Tribes who are transferred to places far away from their hometown. [No. E (SCT) 70 CM15/15/3 dated 19.11.1970]   Attention is invited to Board’s letter No.E (SCT) 60CM1/100 dated 08.12.1960 (copy enclosed), wherein it was desired mat the transfer of Scheduled Caste and Scheduled Tribe employees should be confined to their native districts or adjoining districts or places where the administration can provide quarters and that these instructors should be followed as far as practicable subject to exigencies of service. The Board now desire that these instructions should be followed to the maximum extent possible subject to course to the exigencies of service.   Copy of Railway Boar’s letter No. E (SCT) 60 CM l/100 dated 08.12.1960   Subject:Hardships caused to Scheduled Castes who are transferred to places far away from their hometown.     It has been represented that persons belonging to the Scheduled Castes who are posted at places far off from their hometown, experience considerable difficulties especially in hiring residential accommodation. It has been suggested that the transfer of such employees should be confined to their native districts or adjoining districts or places where the Administration can provide quarters.   The Board desire that the above suggestion should be followed as far as practicable subject to exigencies of service.”       19.   Subject:Requests from Staff for Transfer to other Divisions/Railways. [No. E (NG) I-70RR1/31 dated 11.01.1971]   “The Board have decided that your Administration should take into consideration the number of persons in various categories who have applied for transfer to the Railway/Division while make recruitment of additional men and placing indent with the Railway Service Commissions so that transfers may take place without any hitch as soon as replacement becomes available with the appointment of fresh recruits.       20.   Subject:Inter-divisional and inter-Railway transfers. [No. E (NG) H-71TR/1 dated 31.03.1971]   The Railways are aware that a large number of requests are received by the Railway Board from various sources as also by the Railway Administrations themselves from staff seeking transfers from one Division to another on the same Railway or from one Railway to another.   2.   Under the existing orders inter-divisional and inter-Railway transfers at employees’ request are allowed only in the initial recruitment grade or in such intermediate grades in which there is an element of direct recruitment. The staff in such cases of transfer is assigned bottom seniority in the relevant grade. Transfers at em­ployees’ own request in intermediate grades where there is no ele­ment of direct recruitment are not permissible.   3.   Transfers on the basis of mutual exchange, however, are allowed and these do not involve much loss of seniority, but they suffer from the drawback that they require the employee to rind out a suitable and willing person for such an exchange with him. To mitigate hardship to such staff, the Board desire that each Railway Administration should set up a Cell in the Headquarters Office where requests for transfers from interested staff will be registered. This will cover transfers from one seniority unit to another on the same Railway as also for inter-Railway transfers. The Railway receiving the request will advise the other Railway to which transfer is sought so that it may publish such requests in the Railway Gazette for the benefit of staff who are interested in mutual transfer to enable them to apply. It will thus be possible to match on the basis of seniority among applicants) such requests by bringing these within the framework of a mutual exchange. This will reduce the loss of seniority which the employ otherwise would have undergone by such a trans­fer. These requests should be registered and processed on the basis of seniority among applicants once annually.   4. The Coordinating Cell so set up in the Headquarters’ Office of each Railway would function as a Clearing House to sort out transfers on the basis of mutual exchange. The scope of the procedure for mutual exchange could be extended to cover not only re­quests for which the employees find it difficult to locate a person in the same grade and category to facilitate their mutual exchange but also to cover cases of transfers at one’s own request. The cases not covered by this procedure will have to be dealt with under the extent orders to which no relaxation is sought to be made.   5. The Board may be advised of the number of requests regis­tered and the number out of those whose requests have been disposed of, after a period of six months i. e. on or around 1st October, 1971.     21.   Subject:Registration of requests for transfer of non-gazetted Railway servants. [No. E (NG) II-71 TR /14 dated 01.10.1971]   Attention is invited to Railway Board’s letter No. E (NG) II 71 TR1 dated 31.03.1971 in which a system of registration of requests of non-gazetted Railway servants desiring transfer from one division to another or from one Railway to another Rail­way at their own request was introduced.   2.  There are always some employees who may be desirous of transfer within the same seniority unit but at a particular station of their choice, having regard to their family convenience or educa­tional facilities etc. To mitigate hardship of such staff, a system of registration of requests in some form, presumably exists on the Railways already. The Board desire that, on Railways where such a system does not exist, a system of registration of requests for eventual transfer of such employees to the station of their choice within the seniority unit may also be introduced; this will satisfy a large number of employees/organised labour. Where there are certain unpopular stations, it is necessary to ensure that such stations will be manned to the authorised strength by laying down a period of service in such places as a pre-requisite to transfer to more popular places by registration.   3.  The Board desire that mid-session transfers should be kept down to the minimum required in the interest of administration.   4.  The Board also desire that, while transferring employees from one station to another the fact that the employee’s spouse is posted at a particular station may also be kept in view. Similarly, requests for transfer to a station where an employee’s spouse is working may be considered sympathetically, as far as possible hav­ing regard to the administrative convenience and the merits of each case.       22.   Subject:Staff required for the Headquarters Office of Indian Railways —Transfers from Divisions to Headquarters.  [No. E (NG) II-71TR/12 dated 02.09.1972]   The Board have reviewed the orders contained in their letters No. E (NG) 58TR2/5 dated 27.07.1959 and No. E (NG) 68TR2/5 dated 09.04.1965 in the light of your Administration’s comments and have decided that no change in the orders is necessary. However, corresponding transfers from Head­quarters to Divisions to the extent of staff transferred from Divi­sions may be made on voluntary basis.     22A.   Subject: Hardship caused to S/C and S/T who are transferred. [No. E (SCT) 74 CM 15/58 dated 14.01.1975]   Attention is invited to Board’s letter No. E (SCT) 70 CM 15/ 15/3 dated 19.11.1970 wherein it was desired that the transfer of S/ C and S/T employees should be confined to their native districts or adjoining districts or places where the administration can provide quarters and that these instructions should be followed to the maxi-mum extent possible, subject of course to the exigencies of service.   2. It has been represented that the S/C and S/T are being transferred from one place to other quite frequently. The Board have, therefore, decided that the employees belonging to S/C and S/T should be transferred very rarely and for very strong reasons only.     23.   Subject:Transfer of Safaiwalas to Workshops in the Mechanical Department. [No. E (NG) 1- 74CFP/51Pt. dated 10.02.1975]   In partial modification of their letter No.E58CFP/13 dated 19.02.1959, the Board have decided that the 10{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} quota of vacancies to be filled up in Workshops of Mechanical Department should cover not only Gangmen and Stores Khalasis but also Safaiwalas of all Departments. On transfer these Safaiwalas will also count half the length of their continuous service for the purpose of seniority in the new cadre in which they are absorbed.     24.   Subject:Transfer of Trade Union Officials. [No. E (LR) 75UT 1-176 dated 08.08.1975]   Attention is invited to Board’s letter No. E (L) 64UT 1-113 dated 11.03.1965 (copy enclosed) wherein it was decided that if the transfer of a Railway employee, who is an office bearer of recognised trade union is considered necessary by the SPE/Vigilance organisations of the Railway, papers should be seen by the General Manager personally before the transfer is divided. The trade union is also to be advised of the transfer but it is not necessary to give any notice for this purpose.   2. A point has been raised as to the procedure to be followed in a case where the civil and police authorities have recommended immediate transfer of Railway employees who are office bearers of recognised unions on the ground that they were indulging in undesirable activities and were thereby affecting the efficient functioning of the Railway.  The Board have decided that in such cases there is no objection to deviation from the normal procedure, as has been allowed in the SPE/Vigilance cases.   Copy of Railway Board’s Letter No. E (L) 64 UT-113 dated 11.03.1965   Subject:Transfer of Railway employees who are office bearers of recognised Trade Unions.   In suspension of the instructions contained in Board’s letter of even number dated 15.01.1965 on the above subject, it has been decided by the Board that if the transfer of a Railway employee, who is an office bearer of a recognised Trade Union, is considered necessary by the Vigilance Organisations of the Railway, papers should be seen by the General Manager personally before the transfer is de­cided. The Trade Union concerned should be advised of the transfer. It is not necessary to give notice for this Purpose. Any representation of the Union made may be considered but is not necessary to keep the transfer in abeyance for this purpose.   25.   Subject:Transfer of Railway employees consequent upon their taking part in May 1974 strike. [No. E (NG) II/74/TR/22 dated 29.09.1975]   The Board have decided that staff removed/dismissed in the context of the strike of May 1974 should on reinstatement be posted to the stations where they last worked, as far as possible. As regards transfers already made, retransfers should be considered on indi­vidual appeals, provided such cases do not involve transferring any staff who have been posted already in the meantime-at the stations requested.   26.   Subject:Transfer of Railway employees consequent upon their taking part in May, 1974 strike. [No. E (NG) II- 74TR/22 dated 29.01.1976]   Reference Board’s letter of even number dated 29.09.1975 on the subject noted above. It has been represented to the Board that there are a large number of employees who were transferred away from their original place of posting after the strike of May 1974, and have not yet been re-transferred and some of them happen to be office bearers of recognised unions. Board desire that action may be taken to re-transfer such employees’ to their original places of posting in terms of their orders dated 29.09.1975.     27.   Subject:Transfers in the event of winding up of establishment — Consultation with organised labour. [No. E (NG) II/77/TR/21 dated 15.06.1977]   In the PNM meeting held between the National Federation and the Railway Board on 21/22.02.1977 the General Secretary of the Federation desired that when an establishment is wound up or discontinued and staff are transferred en masse in order to alleviate staff distress, the issue should be discussed with recognised labour. He mentioned the case of Raiguda on SE. Railway and 2 or 3 sheds on the W. Railway where unilateral action had been taken. The Board (Member Staff) agreed that when there is any closure of activity in any particular station, the Railway concerned should take into confidence its labour. This would assist in proper arrangements being made to deal with human problems that might arise in such cases.   The Board desire that whenever there is a proposal to dose a particular establishment, the above procedure should be followed.     28.   Subject:Transfer of staff affected at the instance of S.P.E. and Vigilance Organisation. [No. E (NG) II/77/TR/112 dated 06.02.1978]   In the P.N.M. meeting held between N.F.I.R. and the Railway Board on 10/11th October, 1977, the N.F.I.R. pointed out that there should be some channel of representation where the cases of transfer of staff effected at the instance of S.P.E. and Vigilance Organisation could be represented by the staff concerned so that relief may be had in cases of harassment and victimisation. The Board have carefully considered the matter and have decided that such cases of genuine grievance may be heard by the Divisional Superintendent in respect of divisionally controlled staff and by the Additional Chief Personnel Officer/Chief Personnel Officer in respect of Hqrs.-controlled staff before a final decision to effect the transfers is taken.       28A.   Subject:Posting of SC/ST near the hometown on initial appointment. [No. 78 E (SCT) 15/25 dated 06.07.1978]   The extent instructions provide that the transfer of Scheduled Castes/Scheduled Tribes should as far as practicable be confined to their native districts.   A doubt has been raised whether the above decision would also apply to posting of Scheduled Castes/Scheduled Tribes at the time of initial recruitment. The Ministry of Railways therefore desire to clarify that even at the time of initial appointment, the Scheduled Caste/Scheduled Tribe candidates should as far as practicable, be posted nearer to their home town or at a place where the administration can provide them with quarters, subject to their eligibility. These instructions would equally apply in cases of transfer on promotion provided the post is available.     29.   Subject:Transfer of staff affected at the instance of S.P.E. and Vigilance Organisation. [No. E (NG) II/77/TR/112 dated 27.05.1978]   Reference Railway Ministry’s letter of even number dated 06.02.1978 on the above subject. It is clarified that the instructions contained therein are applicable to all railway employees except office bearers of the recognised unions. The instructions contained in Railway Ministry’s letters No. E (L) 64 UT1-113 dated 11.03.1965 and No. E (LR) 75 UT1-176 dated 08.08.1975 are applicable to the office bearers of the recognised unions.     30.   Subject:Periodical transfer of the non-gazetted staff. [No. E (NG) II-78TR/85 dated 27.04.1979]   On the basis of the recommendations made by the Task Force on Vigilance appointed by the Minister of Railways, the Ministry of Railways have decided that the:   (i)      Periodical transfers of staff in the category of Commercial Supervisors to different places may not always be possible but it should at least be ensured that the Commercial Supervisor is shifted to a different section or area in the same station provided he has put in 5 years on the specific seat.   (ii) Periodical transfers in respect of ASMs, Commercial staff and others should be ordered on a selective basis based on complaints or general reputation of such staff as available on record of the Railway Administrations.   2. The above principle should also govern shifting of staff working .in sensitive jobs in the Pay Bill Sections, Stores Office Accounts Offices, etc. A system of rotational shifting of Clerks from desk to desk in such offices will meet the requirements.     31.   Subject:Periodical transfer of the non-gazetted staff. [No. E (NG) II-78TR/82 dated 07.02.1980]   Reference Railway Board’s letter No. E (NG) II-78 TR/85 dated 27.04.1979 on the above subject laying down principles for transfer of Station Staff. In para 2 thereof, it was laid down that the principle governing periodical transfer of Station staff should also govern shifting of staff working in sensitive jobs in the pay Bill Sections, Stores Offices, Accounts Offices etc. and a sys­tem of rotational shifting of Clerks from desk to desk in such offices will meet the requirements.   Ministry of Railways have now decided that the above prin­ciple should be followed in respect of the sensitive posts in all Departments including the Medical Department.     32.   Subject:Periodical transfer of the non-gazetted staff. [No. E (NG) I/80TR/28 dated 22.08.1980]   Please refer to Railway Board’s letters No. E (NG) II / 78/TR/85 dated 27.04.1979 and No. E (NG)II / 78/TR/82 dated 07.02.1980 on the above subject laying down the principles governing the periodical transfer of station staff and staff working in sensitive jobs in all Departments of Railways including rotational shifting of clerks from Desk to Desk.   It is further clarified that the posts concerned with accountal, issue and handling of Fuel in Divisions & Loco/Diesel sheds etc. should also be treated as sensitive posts and staff working on these posts should also be rotated after every five years in accordance with the above principles.     33.   Subject:Periodical transfer of non-gazetted staff. [No. E (NG) I-81-TR-19 dated 23.05.1981]   A case has come to the notice of the Board wherein a Gazetted Officer on the Western Railway was subjected to more than 20 transfers during the span of 7 years of service prior to his superannuation.   2. The Board have observed that the repeated transfer of the officer was not correct and such frequent transfer of the Railway servants should not be ordered. They desire that when the transfer of the Railway servant is on temporary basis, the same should be mentioned in his transfer orders. Attention in this connection is also invited to the instructions contained in Board’s confidential letter No. E (NG) II-70-IR-28 dated 14.10.1970 which provides that Gener­al Managers can exercise their discretion to transfer non-gazetted, staff from Stations/posts against whom there are complaints—the man with longest stay being shifted first and those on the verge of their retirement (with l or 2 years service left) may be exempted if complaints against them are not serious. Ministry of Railways desire that these instructions may be followed scrupulously.     34.   Subject:Recommendations of the Railway Accidents Enquiry Committee 1978. [No. E (NG) I-81-PMI-246 dated 08.12.1981]   The Railway Accidents Enquiry Committee, 1968 had recommended vide Recommendation No. 36 (ii) of Part II of their Report that it is desirable that senior supervisors are always consulted in regard to the promotions and transfers of staff in their charge. The Ministry of Railways held the view at that time that in regard to promotions wherever confidential reports are written by the supervisory staff for the staff under their charge these were invariably taken into account in assessing the suitability of the staff at the time of their selection. It was also held that regarding transfers, the views of the senior supervisors were given due consideration wherever possible.   While dealing with the implementation of the above recommendation of the Railway Accidents Enquiry Committee, 1968 the Railway Accidents Enquiry Committee, 1978 have vide Recommen­dation No. 41 contained in Part I of their Report, observed as follows:   “In respect of the Wanchoo Committee’s recommendation that senior supervisors should always be consulted in regard to promotions and transfers of staff in their charge, we find that the Railways have expressed opinions which are divergent from the views of the Railway Board. This recommendation of the Wanchoo Committee does not appear to have been fully implemented’’.   The Ministry of Railways have decided that since senior super­visors are junior members of the management, the present practice of taking into account the confidential reports written by the supervisory staff in assessing the suitability of the subordinate staff working under them for promotion should be continued. Similarly, the views of the supervisory staff may be considered in the case of transfers of staff under them wherever possible.     35.   Subject:Periodical transfer/Rotation of non-gazetted staff. [No. E (NG) I-80-TR-28 dated 31.12.1981]   Reference Railway Board’s letters No. E (NG) II / 78/TR/85 dated 27.04.1979 and No. E (NG) II/78/TR/82 dated 07.02.1980 and No. E (NG) I-80-TR-28 dated 22.08.1980 on the above subject, laying down the principles governing the periodical transfer of station staff and staff working in sensitive jobs in all departments of Railways including rotational shifting of clerks from Desk to Desk.   2. Ministry of Railways desire that the sensitive posts for rota­tional purposes on the Zonal Railways should be defined by the General Managers and the list of such sensitive posts sent to them at an early date. If it is possible to transfer them at the same stations, the same should be arranged, otherwise, the staff on such sensitive posts may be transferred to other stations.   36.   Subject: Periodical transfers of non-gazetted staff. [No. E (NG) I-82-TR-44 (CA) dated 17.12.1982]   Instructions were issued vide Ministry of Railways letter No. E (NG) II /78/TR/85 dated 27.04.1979 that the Commercial Supervisors etc. should be transferred periodically on the conditions laid down in the Ministry of Railways letter referred to above.   Those instructions were subsequently extended to the staff working in sensitive posts in all the departments including the medical department. Later on vide Ministry of Railways letter No. E (NG) I-80-TR-28 dated 22.08.1980 the posts concerned with Accountal, issue and handling of fuel in divisions and loco/diesel sheds etc. were also included in the category of sensitive posts and the staff manning these posts were to be transferred on potential basis in terms of the Ministry of Railways letter dated 27.04.1979 referred to above. Instructions were also issued vide Secretary’s D.O. letter No. E (o) III / 79/TRII/57 dated 27.05.1981 that the periodical transfers of the staff should be affected after every 4 years and such transfers should be in respect of the staff working in the sensitive posts, who frequently come into contact with Users/Contractors/Sup-pliers etc. Ministry of Railways have now decided that the posts in me C am age & Wagon departments on the Indian Railways should also be included in the category of sensitive posts and the staff manning these posts should be rotated periodically on the instruc­tions referred to above.     37.   Subject:Transfer of Personal Records of staff transferred from one Railway Unit to another.   [No. 84/AC-II/21/2 dated 25.08.1984]   In terms of para 1940 and 1941 GI, the record of service of the staff transferred from one Railway/Unit to another should be sent to the head of the office to which he is transferred. It has been pointed out to the Board, that such transfer documents are invariably delayed in some of the Railway’s in spite of several reminders, necessitating staff to be deputed to collect the documents and causing avoidable hardship to the transferred staff. Board view this seriously and desire that the transfer documents of employees complete in all respects should be forwarded within 10 days from the date of relief of the officer, to the office to which he is transferred so as to ensure that no difficulty is being experienced by the staff concerned.   37A.   Subject:Posting of SC/St near their Home Town on initial appointment/promotions/ transfers.   Reference: Board’s letters No. E (SC TO70 CM 15/15/3 dated 19.11.1970 (ii) E (SCT) 74 CM 15/50 dated 14.01.1975 (iii) 78-E (SCT) 15/25 dated 06.07.1978 [No. 85-E (SCT) 1-43/1 dated 24.12.1985; RBE No. 336/85]   In Board’s letters dated 19.11.1970 and 14.1.75 referred to above, it was desired that the transfer of SC/ST employees should be con-fined to their native districts or adjoining districts or places where the Administration can provide quarters and that these instructions should be followed to the maximum extent possible, subject of course to the exigencies of service. It was also desired that employees belonging to SC/ST should be transferred very rarely and for very strong reasons only. Again, in Board’s letter dated 06.07.1978 referred to above, it was clarified that even at the time of initial appointment, the SC/ST candidates should, as far as practicable, be posted nearer to their home towns or at a places where the Administration can provide them quarter subject to their eligibility. It was further clari­fied that these instructions would equally apply to cases of transfer on promotion, provided the post is available.   A few cases of transfer of SC/ST employees have come to the notice of the Board wherein the above mentioned instructions have not been followed. They, therefore, desire that instructions on the subject should be reiterated to all concerned that due consideration should be given to the above mentioned instructions while ordering transfer/posting of SC/ST employees.   38.   Subject: Periodical transfer of Railway employees— Policy regarding—Review of. [No. E (NG) I-80/TR/28 dated 19.02.1986;RBE 35/86]   As the Railway Administrations are aware, in terms of extant instructions Railway employees holding sensitive posts and who frequently come into contact with public or/and Contractors/Suppliers are required to be transferred every four years. Instructions also exist, in terms of which, Ticket Checking staff detected to be indulging in mal-practices are required to be sent on interdivisional trans­fer as a matter of policy. Such Ticket Checking staff may, however, be transferred to an adjoining Division on the same Railway or to a Division on some other Railway adjoining that Railway from which they are transferred, if the employees concerned make a request to that effect.   2. The Board have had occasion to review the matter. They have now decided as under:   (i) The present policy of periodical transfers of officers/staff holding sensitive posts and who frequently come in contact with public and/or contractors/suppliers should be continued; and   (ii) The ticket checking staffs who have been transferred out of the Division on complaints of corruption and who were later exonerated or awarded a penalty of censure may not be brought back to the parent division, even if they so desire.     39.   Subject:Periodical transfer of Railway employees. [No. E (NG) I-80/TR/28 dated 16.10.1987; RBE 256/87]   As the Railway Administrations are aware, in terms of extant instructions, reiterated in the Ministry’s letter of even number dated 19.02.1986, Railway employees holding sensitive posts and who frequently come into contact with public or/and Constructors/Suppliers are required to be transferred every four years. Instructions also exist that Ticket Checking staff detected to be indulging in malpractices should be sent on inter-divisional transfers as a matter of policy. Such Ticket Checking staff may, however, be transferred to an adjoining Division on the same Railway or to a Division of some other Railway adjoining the Railway from which they are transferred if the employees concerned make a request to that effect.   2. It has been brought to the notice of the Board that the instructions regarding periodical transfer of staff holding sensitive posts are not being implemented by Zonal Railways etc. The Board wish to reiterate these instructions and desire that they should be followed scrupulously. A system must be evolved and enforced whereby periodical transfers are affected without fail.     40.   Subject:Posting of husband and wife at the same station. [No. E (NG) I-86-TR/14 dated 06.0l.1988; RBE 8/88]   In the PNM at the Board’s level, a demand was raised by the All India Railwaymen’s Federation (AIRF) for issue of instructions regarding posting of husband and wife at the same station. The matter was discussed in the PNM – AIRF meeting held with the Board on 27.08.1987, when it was decided that extant instructions in this regard should be reiterated. Accordingly the extant instructions in the matter as contained in the Ministry of Railway’s letter No. E (NG) II / 71 / TR / 14 dated 01.10.1971 for ready reference, are hereby reiterated for information and guidance.     41.   Subject: Transfer of Gangmen to Traffic, Mechanical and Engineering Departments against 10{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} annual intake. [No. E (NG) I-87-CFP-l2 (PNM/NFIR) dated 27.01.1988; RBE 17/88]   In the PNM Meeting held with NFIR on 27/28.10.1987, it was decided that the existing instructions regarding age-limit for transfer of Gangmen in other Departments against 10{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} annual intake should be reiterated. Accordingly, Board’s letters No. E (NG) 64/CFP/9 dated 09.06.1964 and E (NG) 64/CFP/25 dated 06.02.1965 containing the extant orders on the subject are circulated herewith for information and necessary action.   42.   Subject:Transfers of staff—Measures to check possible malpractices. [No. E (NG) I-80/TR/28 dated 21.07.1988; RBE 156/88]   With a view to guard against possible malpractices in transfers of staff, Ministry of Railways on the advice of the Central Vigilance Commission have decided that whenever a transfer order is issued on the basis of complaints, CBI/Vigilance enquires etc. by the competent authority and thereafter it is proposed to cancel the transfer order without the employee having actually carried out the transfer order or to bring back the employee concerned to the original place of posting within one year, the competent authority should obtain the approval of the next higher authority after giving full details regarding the reasons requiring change in the transfer orders. It should also be the endeavour of Railway Administration that an employee undergoing penalty as a result of a vigilance case is not posted against any post involving public dealing especially in areas prone to corruption.   43.   Subject:Inter-divisional transfer of Ticket Checking Staff. [No. E (NG) I/80/TR/28 dated 13.04.1989; RBE 102/89]   As the Railways are aware, in terms of the existing orders, ticket checking staff detected to be indulging in malpractices are required to be sent on inter-divisional transfer as a matter of policy. It was also clarified under Board’s letter of even number dated 19.02.1986 that the ticket checking staff who were transferred out of the division on complaints of corruption and were later exonerated or awarded a penalty of censure, may not be brought back to the parent division, even if they so desire.   2. This issue came up for discussion in the Departmental Coun­cil under JCM on 30/31.12.1986 when it was agreed that particulars of special cases of hardship will be furnished by the Staff Side which cases would be examined on merits.   3. The matter has since been reviewed by the Board and it has been decided that General Managers may review the cases of inter-divisional transfers of staff ordered by them on suspicion of mal­practices, if after proper enquiry, such staff are fully exonerated. A reference to the Railway Board will be necessary only in cases where the transfer has been ordered at the instance of the Board. The review will be done by the General Manager personally and these powers will not be delegated further.     44.   Subject:Periodical transfer of Railway employees. [No. E (NG) I/87/TR/34/NFIR/JCM/DC dated 27.09.1989; RBE 244/89]   As the Railways Administrations are aware, in terms of the marginally noted instructions and other instructions in this behalf, Railway employees holding sensitive posts and who frequently come into contact with public and/or contractors/ suppliers are required to be transferred every four years. For this purposes, while some of the posts were identified as sensitive by the Board, Railway Administrations were free to add to the list of sensitive posts.   (1)  E (NG) II/78/TR/85 dated 27.04.1979         (2)  E (NG) II/78/TR/82 dated 07.02.1980   (3)  E (NG) I/80/TR/28 dated 22.08. I980          (4) E (NG) I / 80/TR/28 dated 31.12.1981   (5)  E (NG) I / 80/TR/28 dated 19.02.1986   (6)  E (NG) I/80/TR/28 dated 16.10.1987   2. The matter has been reviewed in the light of discussions in the Departmental Council under the Joint Consultative Machinery. Pursuant thereto the Ministry of Railways have drawn up a comprehensive list of sensitive posts for the purpose of periodical transfers in terms of the aforesaid instructions. A copy of this list is enclosed herewith for information and necessary action.   Annexure to letter No. E (NG) I/87/TR/34/NFIR/JCM/DC, dated 27.09.1989.   List of Sensitive Posts Identified by the Ministry of Railways for the Purpose of Periodical Transfer   A. Accounts Department   1. Staff passing Contractors/Finns bills. 2. Staff dealing with Claims/refund and wharfage/demurrage for general public. 3. Cheque writers. 4. Cashiers. 5. Staff dealing with pension/PF Claims. 6. Staff dealing with passes/release of unpaid wages. 7. Staff dealing with post audit of paid vouchers and issue of acquittance.   B. Civil Engineering   1. IOWs / PWTs in charge of Stores. 2. Bill Clerks. 3. Material checking Clerks/Store Clerk. 4. Time Keepers. 5. Works Accountants. 6.  Asstt. Superintendents/Superintendents in charge of Stores Accountal.  7. Staff dealing with transfers / promotions/loans and advances and issue of Passes/PTOs/Leave accounts/local purchases.  8. Draftsmen/Estimators in Divisional Drawing Office checking Contractors bills.   C. Commercial Department   1. Goods/Parcel/Luggage Clerks. 2. Enquiry/Reservation/Booking Clerks. 3. Ticket Collector/TTEs/Conductors. 4. Reservation/Goods Supervisors. 5. Staff dealing with wharfage/demurrage cases. 6. Staff dealing with goods/parcel/handling/catering contracts. 7. Staff dealing with city booking/outages. 8. Staff dealing with claims. 9. Sectional CMTs and Sectional Claims Inspectors.   D. Electrical Department   1. Stores Clerk. 2. Establishment Clerk/Time Keeper. 3. Asstt. Superintendent/Superintendent Stores in Divisional Office. 4. Asstt. Superintendent/Superintendent Works in Divisional Office. 5. Air-conditioned coach in charge/coach attendant. 6.  Foremen In charge of Shop. 7. Mileage Clerk/Shed Notice Clerk. 8. Staff dealing with tender/contracts and purchasing Stores.   E. Mechanical Department   1. Store Clerk. 2. Bill Clerk/Establishment Clerk. 3. Time Keeper. 4. Fuel Inspector/Fuel Issuer/Fuel clerk in sheds. 5. Mileage Clerk/Shed Notice Clerk in sheds. 6. Staff dealing with tenders/contracts, purchases of stores.   F. Medical Department   1. Pharmacists looking after the drug stores. 2. Staff in charge of kitchen stores. 3. Staff writing out sick/fit certificates.   G. Personnel Department   1. Bill Clerk. 2. Staff dealing with settlement cases/advance. 3. Cadre section staff or staff dealing with recruitment/promotion/transfer.   H. Stores Department   1. Tender Clerk/Disposal Clerk/Purchases Section In charge (Head Clerk/A.S.)/ Demand Clerk (dealing with operation of rate contract). 2. Asstt. Confidential Tender Clerk/Tender Opening Clerk/ Sample Clerk/Superintendent/CTC. 3. Section In charge (Head Clerk/AS) Registration Clerk in Purchase General Registration. 4. Receipt/Inspection Supervisor In charge (Ward Keeper ASKP/DSKP) and Group “C” Staff working under them, Local Purchase Staff. 5. Sale Section In charge (ASKP/DLKP) and staff working under them. 6. Scrap Yard/Returned Store Section In charge (ASKP/DSKP) Ward Keeper and Group “C” staff working under them. 7. Staff in Purchase Section of EA/DRM or DCOs of Division.   I. Public Relation Department   Inspectors/Staff dealing with revenue earning/Commercial publicity.   J. Operating Department   1. Station Superintendents.                                                 2. Station Masters/Asstt. Station Masters not working as Cabin Station Masters. 3. Station Clerk.                                                4. Train Clerk dealing with package work.                     5. Stock Controller/Coaching Controller in Control Rooms.  6. The Desks dealing with mileage bills/operating restrictions, distribution of uniforms, traffic stores and charge sheets /wagon allotment section dealing assistants in the office of DOMs/DCMs. 7. Desks dealing with commodity section and stores sec­tion in the COPS’s Office.   K. S & T Department   1. SIs/TCIs in charge of Stores. 2. Bill Clerk/Time Keeper/Establishment Clerk. 3. Store Clerk/Store Issuer.       45.   Subject:Extracts from Indian Railways Establishment Code   Rule 103(51) – Transfer means the movement of a Railway servant from one headquarters station in which he is employed to another such station either:   (a) To take up the duties of a new post, or   (b) In consequence of a change of his headquarter.   226. Transfers — Ordinarily, a Railway servant shall be employed throughout his service on the Railway or Railway Establish­ment to which he is posted on first appointment and shall have no claim as of right for transfer to another Railway or another establish­ment. In the exigencies of service, however, it shall be open to the President to transfer the railway servant to any other department or Railway or Railway Establishment including a project in or out of India. In regard to Group C and Group D Railway servants, the power of the President under this rule in respect of transfer, within India, may be exercised by the General Manager or by a lower authority to whom the power may be re-delegated.   Railway Minister’s decision —   Requests from Railway servants in Groups C & D for transfer from one to Railway to another on grounds of special cases of hardships may be considered favourably by the Railway Administration. Such staff transferred at their request from one railway to another shall be placed below all existing confirmed and officiating staff in the relevant grade in the pro­motion group in the new establishment, irrespective of date of confirmation or length of officiating service of the transferred employees.   227.      (a) A competent authority may transfer a Railway servant from one post to another; provided that, except —   (1) On account of inefficiency or misbehaviour, or   (2) On his written requests,   A Railway servant shall not be transferred substantively to or, except in a case of dual charge, appointed to officiate in a post carrying pay than the pay of the permanent post on which he holds a lien, or would hold a lien had his lien not been suspended Rule 241 (FR. 14).   (b) Nothing contained in clause.(a) of this rule or in clause 28 of Rule 103 shall operate to prevent the retransfer of a Railway servant to the post on which he would hold a lien, had it not been suspended.   Rule 230. Transfer on mutual exchange —   In case of mutual exchange, the senior of the two employees will be given the place of the seniority vacated by the other person. The junior will be allowed to retain his former seniority and shall be fitted into the seniority below the persons having the same seniority.   231. Transfer from one department to another—   Persons employed in one department shall not be eligible for employment in another except with the previous consent of the head of the depart­ment in which they are employed. Without such prior consent the head of an office or department shall not employ a person either temporarily or permanently, if he knows or has reasons to believe that such person belongs to another establishment under Government. A Railway servant who takes up a new employment without the consent of the head of department commits a breach of discipline and is liable to be punished. Divisional Railway Managers, may however, transfer Group D employees (peons, gangmen, Khalasi, unskilled and semi-skilled, etc.) from one department to another or from one Division to another.   Rule 1647—Daily allowance on Temporary Transfers—   Daily allowance is admissible during temporary transfer as follows:   (i) First 180 days          —        Full Daily Allowance.   (ii) Beyond 180 days    —        Nil.     46.   Subject:Transfer of staff to the Railway Service Commissions — Terms and conditions of service. [No. E (NG) 60RSC-21 dated 09.03.1961]   In supersession of all previous orders on the subject, the following terms & conditions of service have been laid down by the Railway Board for staff transferred to the Railway Service Commis­sions: —   (i)         All the non-gazetted staff & the secretary should be permanent Railway staff and be on deputation from the Railway Administrations whose recruitment is catered to by the Commission concerned. No deputation allow­ance will be admissible.   (ii)       Such staff will serve in the Commissions for a maximum period of three years and it will be open to the Commissions to return such staff to their parent offices at any time during this period of three years. The trans­fer of Class IV staff need not, however, normally be insisted upon on the 3year basis unless they are due promotion or their retention in the Commissions is considered otherwise undesirable.   (iii)      During the period of three years, they will be eligible for confirmation against permanent posts in the Commis­sions. On confirmation in the Commissions, they will continue to have suspended liens on their permanent posts in the parent offices under Rule 2008(a) (2), R-11. On return to their parent offices during or at the end of, the three year’s period, the confirmation of such staff as may have been confirmed in the commissions will be rescinded under Rule 2001 (b) R. 11.   (iv) During their service in the Commissions’ offices, the staff who have their liens (active or suspended) on the respective Railway Administrations, will have their interests protected in their parent offices, i.e. they will be eligible for consideration for promotion to higher grades (both selection and non-selection) along with others and should be deemed to have been borne on their parent cadres. Such staff will be allowed N.B.R. benefits in the Commissions with respect to posts they might have held but for their deputation to the Commissions for a maximum period of six months. The staff will, however, be at liberty to choose, during this period of six months whether they desire to be transferred back to their parent offices or to remain in the Commissions in their substantive grades, subject to the condition that the Maximum period of three years prescribed for service in the Commissions is not exceeded. They should also be considered for promotion to higher grades in the Commis­sions’ offices.     47.   Subject:Transfer of Railway employees who are office-bearers of Recognised Trade Unions. [No. E (L) 64UT1-113 dated 02.02.1965]   Reference Board’s letter No. E (L) 64UT1-113, dated 21.11.1964 on the above subject. A question has been raised whether in terms of para. (ii) of the above letter read with letter No. E (L) 60UT1-31, dated 19.02.1960, it would be necessary to follow the usual procedure in regard to transfer of a Trade Union official from one administra­tive jurisdiction to another (for example workshop establishment to a Loco Shed) the same station. It is clarified that the usual procedure is required to be followed in such cases also.   48.   Subject: Transfer of Railway staff whose conduct is under investigation. [No. E (D&A) 65RG 6-10 dated 04.03.1965]   In Board’s letter No. E (D&A) 62RG 6-15, dated 29.03.1962 it was stipulated that non-gazetted staff whose conduct is under investigation for charges meriting dismissal/removal from service, including those under suspension, should not be transferred from one Railway Administration to another till after the finalisation of the departmental or criminal proceedings against them. These instructions were reiterated in para l of Board’s letter No. E (D&A) 60RG 6-30, dated 28.07.1962.   2. Cases have, however, come to the notice of the Board where the accused Railway servants were transferred during the pendency of investigation of enquiry into their conduct, inspite of the above instructions. The Board desire that the instructions referred to above should be brought to the notice of all concerned to ensure strict compliance thereof.     49.   Subject:Seniority of staff on transfer from one Division to another on a Railway from one Rail­way to another on personal request [No. E (NG) 65SR 6-31 dated 08.12.1965]   Reference Board’s letter No. E55SR6/6/3 dated 19.05.1955 and para 12 of Chapter III of the Indian Railway Establishment Manual. It has been brought to the notice of the Board that on one of the Railways an employee holding a permanent post in grade Rs. HO-180 (AS) and officiating in the next higher grade Rs. 130-300 (AS) applied for transfer to another Railway on grounds of personal convenience. After the transfer was agreed to, the Railway Administra­tion to which he was transferred decided to place him below all confirmed and temporary staff working in the initial recruitment grade Rs. 110-180 (AS). On the other hand, the practice obtaining on the Railway from where he was transferred was to place such an employee below all permanent and officiating employees in the grade in which transferred. The different practices obtaining on the two Railways resulted in a representation from the employee concerned for granting him seniority position in the officiating grade. The Board have considered the matter at great length and observe that it was wrong on the part of the transferring Railway in not making it clear to the employee that he would be transferred in the initial grade post and that his officiating position in the higher grade would not be taken into account for future advancement. They desire that whenever any employee applies for transfer on personal convenience from one Railway to the other the position about the determination of seniority in the relevant grade should be made very clear to him.     50.   Subject:Periodical transfers of staff. [No. E (NG) 66TR2/2-Pt. dated 11.04.1966]   “It has been brought to the notice of the Board that on some of the Railways, categories which have not been included in orders issued by Board from time to time, about periodical transfers are also being subjected to such transfers. The Board, therefore, desire that categories outside the scope of periodical transfers should not be subjected to such transfers.”     51.   Subject:Fixation of pay of Gangmen on transfer to other Departments —Regarding. [No. E (P&A) H/87/JCM/DC/2 (PP) dated 05.06.1989]   In terms of instructions contained in this Ministry’s letter No. E58-CPF/13, dated 19.02.1959, 10{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of the annual intake of Gangmen should be encouraged to be transferred to the Mechanical and Transportation (Power) Department, Traffic and Commercial Department as well as the works side of the Engineering Department, subject to other conditions prescribed therein.   2. In a meeting of the Departmental Council (Railways) of the Joint Consultative Machinery, the Staff Side demanded that as the intention of the orders is to improve promotion prospects of Gangmen, they should not suffer monetary loss by dental of protection of pay as Gangmen on appointment as Khalasis in a lower time-scale. Correspondence with the Railways on this subject indicates that the practice prevailing in the Zonal Railways is not uniform and on some Railways the practice varies even from Division to Division.   3. Keeping in view the need for a uniform procedure for fixation of pay as also the request of the Staff Side in the Departmental Council, the Board have, with the approval of the President and the concurrence of the Finance Directorate of the Ministry of Railways, decided that when a Gangman is appointed as a Khalasi on transfer at his own request in terms of instruction contained in Board’s letter of 19.02.1959 referred to above, his pay should be fixed in the time-scale of Khalasi as follows:   (a)    At the stage equivalent to the pay drawn as Gangman, if there is no such stage at the stage next below, the difference being treated as Personal Pay, to be absorbed in future increments in pay as Khalasi, provided that he is confirmed as Gangman or has completed two years regular service and his probation has not been extended by a specific order, in terms of instructions contained in Board’s letter No. E (NG) V88/CN 5/2, dated 20.01.1989 subject to the maximum of the time-scale of Khalasi not being exceeded.   (b) In all other cases, benefit of completed years of service as Gangman may be given for the purpose of advance increments in the time-scale of Khalasi, subject to not exceeding the pay drawn as Gangman of the maximum of the time-scale of Khalasi.   4. Accordingly, in exercise of the powers conferred by provision to Article 309 of the Constitution, the President is pleased to decide that Rule 1313 (FR 22) of the Indian Railway Establishment Code (Vol. II-VI Edition, 1987) may be amended as in the Advance Correction Slip No. l R-II enclosed.   Correction Slip to Indian Railway Establishment Code (Volume II-VI Edition, 1987) Advance Correction Slip No. I R-II    Rule 1313 [FR 22(a)(iii)]:   The following may be inserted as an Explanation below Rule 1313 [FR 22(a)(hi)]:   “Explanation: A confirmed Gangman of the Civil Engineer­ing Department or a Gangman who has completed two years’ regular service and whose probation has not been extended by a specific order, as envisaged in the orders governing confirmation, transferred at his own request as a Khalasi in the Mechanical and Transportation (Power) Department, Traffic and Commercial Department and works side of the Engineering Department shall have his pay fixed in the time-scale of Khalasi at the stage equivalent to the pay drawn as Gangman ; if there is no such stage, at the stage next below, the  difference being treated as Personal Pay to be absorbed in future increases in pay as Khalasi, subject to the condition that in no case the maximum of the time-scale of the Khalasi is exceeded ; and   (b) In all other cases, the benefit of completed years of service in the higher post of Gangman may be given, for the purpose of advance increments in the lower post of Khalasi subject to not exceeding the pay drawn as Gangman or the maximum of the time-scale of Khalasi”.   52.   Subject:Posting of Physically Handicapped Candidates. [Supplementary Circular No. 2 to M.C. No. 24] [No. E (NG) I-90/TR/13 dated 11.02.1992; RBE 23/92]   Please find enclosed a copy of the Department of Personnel and Training’s O.M. No. AB14017/41/90-Estt. (RR) dated 10.05.1990 on the above subject, for information and necessary action. The instructions contained in this O.M. will be applicable to Railway employees mutatis mutandis.   Copy of Department of Personnel and Training’s O.M. No. AB14017/41/90-Estt. (RR) dated 10.05.1990   Subject:Posting of Physically Handicapped Candi­dates.   The undersigned is directed to say that a suggestion has been made that physically handicapped candidates appointed under the Government should preferably be posted in their native places or at least in their native district. The matter has been examined carefully. It may not be possible or desirable to lay down that physically handicapped employees belonging to Group-A or Group-B who have all India transfer liability should be posted near their native places. However, in the case of holders of Group-C or Group-D posts who have been recruited on regional basis and who are physically handi­capped, such persons may be given posting, as far as possible, subject to administrative constraints, near their native places within the region.   2. Requests from physically handicapped employees for trans­fer to or near their native places may also be given preference.   3. Suitable instructions may also be issued to all subordinate.     53.   Subject:Transfer/Retransfer of Ticket checking staff. [No. E (NG) 1-92/TR/32/JCM (DC) dated 10.08.1993]   As the Railways are aware, in terms of the existing orders, ticket checking staff detected to be indulging in malpractices are required to be sent on inter-divisional transfer as a matter of policy. It was, however, clarified under Board’s letter No. E (NG) I-80/TR/ 28 dated 13.04.1989 that GMs may review the cases of inter-divi­sional transfers of staff ordered by them on suspicion of malprac­tices, if after proper enquiry, such staff are fully exonerated.   2.   This issue came up for discussion in the Departmental Coun­cil under JCM on 21/22.01.1993 when the Staff Side desired that GMs should be allowed to review such cases also where the disciplinary proceedings end up with only a “censure”.   3.   The matter has since been reviewed by the Board and it has been decided that GMs may review the cases of those Ticket Check­ing staff also who were transferred out of Division on account of suspected malpractices and were awarded only the penalty of cen­sure on finalisation of disciplinary proceedings.   4.   Needless to say that while reviewing such cases, the General Managers will exercise their discretion in deciding whether the in­ter-divisional transfers should be revoked or not, i.e. revocation of such transfer orders will not be automatic.   54.   Subject:Transfer/Re-transfer of Ticket Checking Staff. [No. E (NG) I/92/TR/32JCM/DC dated 05.05.1994; RBE 37/94]   In terms of the instructions contained in Board’s letter of even number dated 10.08.1993, cases of Ticket Checking Staff transferred from one Division to another for various reasons like suspected malpractices are required to be reviewed by the General Manager, provided such employees are fully exonerated or awarded the penalty of censure only after finalisation of the disciplinary proceedings. In this context, one of the Railways has asked for a clarification whether in such cases the employees transferred back to their parent Division will retain their original seniority or otherwise.   2. The matter has since been considered by the Board. It is clarified that in such cases the seniority may be decided on the basis of the circumstances in which the transfer back to the parent Divi­sion comes about. If it is on the request of the employee, it becomes a request transfer and if it is ordered by the Administration on its own, it becomes a transfer on administrative ground. The question of seniority in both the situations is already well settled. 55.   Subject:Transfer of ministerial staff from Adminis­trative Offices to non-Administrative Officers and vice-versa. [No. E (NG) I/93/TR/24 dated 21.09.1994]   As the Railway Administrations are aware, guidelines for trans­fer of clerical staff from Administrative Offices to non-Administra­tive Offices and vice versa were issued under Board’s letter No. PC-72/RLT-69/1 dated 24.07.1973 (copy enclosed).   2. It has been brought to the notice of the Board that these instructions are not being implemented on some of the Railways. Board wish to reiterate these instructions and desire that they should be followed in right earnest.   Copy of Railway Board’s letter No. PC-72/RLT-69/1 dated 24.07.1973   Subject:Hours of work and Gazetted Holidays for clerical staff.   The Railway Labour Tribunal, 1969, which was appointed by Government under the Scheme of Permanent Negotiating Machinery for dealing with the demands, in regard to which agreement could be reached between the Railway Board and Organised Labour, has, inter alia, recorded the following decisions: —   “(3) The disparities at present in existence in regard to hours of work and holidays entitlements, if they are inevitable, must be shared equitably by the staff as a whole an burden thereof should not fall upon a section of the staff only and means may be devised by which the concerned clerks are rotated between the field and the non-field offices in such a way that none of them has to put in inordinately long periods of service in the field offices or none of them has an entire period of unnecessarily long period of service in the non-field offices. In this connection, the practice deposed to by witness Madhav as prevailing in the Integral Coach Factory offices commends itself. I am not quite sure as to whether that practice can be followed effectively in regard to all non-field offices, but, in my opinion, a scheme can be devised in such a way that the field staff and the non-field staff are inter-changed at the initial stages of their service and/or at the initial stages of their promotion to a higher grade.”   “(4) In regard to those establishments where clerical staff is required to put in more hours of work per week than 48, and if this is being done in any establishment on the ground of tradition only, then, in my opinion, the tradition may well be disregarded. It can be preserved if it is necessary on the basis of the principle that the working hours of field staff must synchronise with those of the non-field staff.”   The above recommendations of the Tribunal have been accepted in principle and the Railway Board have decided as under:   (a) That the existing disparity in the matter of working hours, holidays and casual leave between the two sets of cleri­cal staff belonging to the same seniority unit, but who happen to be posted to field and non-field offices on Railway s should be shared by clerical staff as a whole. To achieve this objective the procedure as detailed in Annexure “A” is laid down for the guidance of Railway Administrations for effecting transfer of clerical staff from non-administrative to Administrative units and vice versa. In respect of clerical staff in workshops on Zonal Railways also, an exchange scheme bases on these lines may be adopted;   (b) If there are any establishments where clerical staff are required to put in more than 48 hours of work per week on the ground of tradition only and such working hours are not keeping with the instructions contained in Board’s letter No. PC-59/HN-1/1 dated 27.04.1960 (copy attached), then the existing practice may be discontinued and the working hours of clerical staff regulated strictly in accordance with the Board’s orders referred to above.   3. The Production Units may also adopt a scheme on the lines indicated in 2 (a) above and Annexure “A” with such modifications as may be considered necessary to suit the local conditions. A gist of scheme in vogue in I.C.F. to which a reference is made in the Tribunal’s recommendations, in given in Annexure “B” for information.     ANNEXURE “A” Guidelines for transfer of clerical staff from Administrative offices to non-Administrative offices and vice-versa.   The clerks posted in non-administrative offices may be given an option after a minimum stay of 5 years in such offices, for transfer to administrative offices and in their place clerks working in administrative offices in the same seniority unit, may be posted. But in making such posting, Clerks with longest service in administra­tive offices, say upto 15 years, service may be picked up preferably from amongst those who have opted for transfer from administra­tive offices to non-administrative, if such optees in sufficient number are available. However, in the case of optees the maximum service limit need not apply.   (2) Opportunity of such posting to administrative offices and vice-versa, may also be given to clerks at the time of their promo­tion to higher grade, so that a clerk on promotion in administrative office may be posted in non-administrative office and in his place, clerk in that grade working in non-administrative office for the long­est period who opted for transfer from non-administrative office to administrative office, is posted.   (3) Opportunity of transfer of clerks from non-administrative offices may also he taken at the lime of recruitment of clerks against vacancies in that seniority unit. By way of this, a newly recruited clerk on joining may be posted straightway to a non-administrative office against a clerk who has worked there for over 5 years and who has given his option for transfer to administrative office under this exchange scheme.   Note:   The administration may, in public interest defer the transfer of staff for any specified period. On the expiry of such specified period the transfer is to be considered again in the normal course. It is to be ensured, however, that transfer from non-administrative offices should cover about 20{459fecfca4475f09f90d8e5f2511a3c5c1949f070046c1e8cc6bde8835d5da4a} of such staff in a year including those who have opted for transfer from non-administrative offices.   (4) For this purpose, a Register may be maintained indicating the following particulars of each clerk working in non-administra­tive office / administrative office falling within the ambit of the scheme to ensure implementation of exchange scheme: —   S.N   Name Designation Scale Date of posting in that office Option if any for transfer to administrative/non-Admn. Office Remarks     Copy of Railway Board’s letter No. PC-59/HN-1/1 27.04.1960   Subject:Working hours of clerical staff in offices other than District/Divisional and Headquarter offices.   Reference: Railway Board’s letter of even number dated 28.12.1959,   2. The Board have decided that the working hours of clerical staff in offices other than District/Divisional and Headquarter Offices on the Railways, whose hours of work were more or less the same as those of the clerical staff in the District/Divisional and Headquarter offices upto 31st December, 1959, should be suitably increased so that their total hours of work per month in future are more or less the same as those of the clerical staff in the District/ Divisional and Headquarter offices as fixed from 1st January, 1960. These offices should not, however, be closed on last Saturday of the month.   3.   In certain establishment’s clerical and other staff work together, for instance in shops, sheds and stations. The Board consider that such clerical staff may, if necessary, be required to work the same hours as the other staff in the establishment concerned when the duties of the clerk are such that their presence throughout is necessary for efficient working of the other staff.   4.   The Board desire that the working hours of clerical staff working elsewhere than in District/Divisional and Headquarter of­fices may be suitably adjusted in the light of the above.   ANNEXURE “B”   In the I.C.F., there are only two seniority units for clerical staff, viz. (I) Accounts and (ii) non-Accounts. The clerical staff of the Accounts Department is all rostered to 9-30 office timings, while the non-Accounts clerical staff are distributed between the 9-30 and 7 O’clock offices. As for holidays, the clerical staff in the offices in Headquarters Administrative and subordinate offices and offices of Shop Superintendents, Depot Store Keepers and Time Offices, uniformly avail the 22 Factory holidays in a year as declared for the workshop staff while those in the offices coming under offices attached to Inspector of Works etc. in the Civil Engineering Depart­ment avail only the 3 National holidays.   2.  In the wake of repeated representations from the clerical staff of the non-Accounts Departments in the various 7 0”clock offices for affording opportunity to work in 9-30 offices, a policy was evolved by the Administration in consultation with the staff Council for the periodic rotation of staff in the grades of Head Clerks (scale Rs. 210-380), Clerks/Grade I (scale Rs. 130-200) and Clerks/Grade II (scale Rs. 110-180) between the 7 O’clock and 9-30 offices.   3.  According to the procedure in vouge for implementation of the above policy, 20 employees (2 Head Clerks, 7 Clerks/Grade and II Clerks/Grade II) are transferred from 9-30 offices to 7 O’clock offices every half-year viz. during January and July, in exchange form equal number of staff in the respective grades being transferred from 7 O’ clock offices to 9-30 offices. The criterion for the inter-change is the length of the past aggregate service in the 7 O’clock office of the individual staff in the clerical grade in the I.C.F., the staff with the shortest such service being transferred from 9-30 offices to 7 O’clock offices first. As a corollary the staff that have not at all worked in a 7 O’clock office would first be transferred to 7 O’clock office. The staff with the longest aggregate service in 7 O’clock offices will be transferred to 9-30 offices in each grade in the order of the aggregate length of such service in 7 O’clock of­fices. Where the length of service rendered in 7 O’clock offices in respect of staff working in 9-30 offices is the same, the junior will be posted to the 7 O’clock office first. Similarly the seniors as among those with the same length of service in the 7 O’clock offices would be transferred to 9-30 office first. Staff who are over 50 years of age are exempted from transfer to 7 O’clock offices and similarly staff working in 7 O’ clock offices are transferred to 9-30 offices on priority basis as and when vacancy arises. The clerks seeking retention in 7 O’clock offices beyond the date they become normally due for transfer to 9-30 offices are allowed such retention for a maximum period of two years, except in the case of the Time Offices/ Shell and Furnishing Divisions to which most staff register their preferences for posting.     4. The quota for the half-yearly interchanges of clerks between 7 O’clock and 9-30 offices is being fixed with reference to the total number of staff in each grade working in the 7 O’clock and 9-30 office. The number being so interchanged at present is 2 Head Clerks, 7 Clerks Gr. I and 11 Clerks/Gr. II. In addition to the rotation of 20 employees being effected every half-year, the clerks in 7 O’clock offices are given release to 9-30 office by a policy of posting all new appointees as also the new promotes (with the exception of those who have already completed such aggregate service as would qualify for their posting to 9-30 offices initially to 7 O’clock offices.