Master Circular No.19 (Updated June, 2019)

भारतसरकारGOVERNMENT OF INDIA

रेलमंत्रालयMINISTRY OF RAILWAYS

(रेलवेबोर्डRAILWAY BOARD)

No.E(NG)1/2019/CN 5/1 

New Delhi, dated: 4.06.2019 

The General Managers,

All Zonal Railways &, Production Units.

(as per standard mailing list)

Sub: Confirmation of non-gazetted Railway employees - Master Circular.

The provision regarding confirmation of non-gazetted Railway employees are contained in Section 'F' of Chapter 1 of Indian Railway Establishment Manual, Vol. I, 2009 Reprint Edition, and Instructions on the subject issued from time to time.

The Master Circular No.19 on "Confirmation" has been updated incorporating the provisions of instructions on the subject issued since 11.01.1991.

The updated Master Circular follows:-

2. A. General:

i) Confirmation will be made only once in the service of a Railway servant which will be the entry grade;

ii) Confirmation is delinked from the availability of permanent posts in the grade. In other words, a Railway servant who has successfully completed the probation may be considered for confirmation;

iii) A two years probation period should be introduced in all recruitment grades. Where initial training period is prescribed, such as in the case of Apprentice PWIs, Traffic Apprentices, etc. the probation period will start after successful completion of the training.

B. Confirmation in the Grade to which initially recruited:

i) The appointee should satisfactorily complete the probation;

ii) The existing procedure for considering a Railway servant as eligible for confirmation should continue to be followed;

iii) A specific order of confirmation will be issued when the case is cleared from all angles.

C. On Promotion:

i) The appointing authority should assess the performance of the employee during probation by going through the confidential reports, if maintained, otherwise the working reports immediately on completion of probation and the whole procedure including obtaining vigilance clearance, issue of formal orders, if the competent authority has come to the conclusion that the employee has satisfactorily completed the period of probation, should be completed within a maximum period of six months. A copy of the order issued should be endorsed to the employees concerned;

ii) Where probation is prescribed, the appointing authority will, on completion of the prescribed period of probation, assess the work and conduct of the Railway servant himself and in case the Railway servant is found fit to hold the higher grade, he will pass en order declaring that the person concerned has successfully completed the probation. If the appointing authority considers that the work of the Railway servant has not been satisfactory or needs to be watched for some more time, he may revert him to the post or grade from which he was promoted, or extend the period of probation as the case may be. Since there will be no confirmation on promotion before an official is declared to have completed the Probation satisfactorily, a rigorous screening of his performance should be made and there should be no hesitation to revert a person to the post or grade from which he was promoted, if his work during probation has not been satisfactory.

iii) There should be a probation period of twelve months in all grades of promotion. Cases of staff promoted on regular basis, should be reviewed after completion of twelve months probation with a view to determine their suitability for retention in the grade. The review should be completed early and a decision to retain the employee in the higher post, or to revert to the lower grade should be taken and implemented within a period of six months from the date of completion of the probation.

3. The revised procedure relating to confirmation will not apply to the cases of appointments made on ad-hoc basis ie. it is only the appointments made on regular basis, which will come within the purview of these instructions.

4. Sometimes Establishments are created for a specific objective for a limited period as in the case of Committees and Commissions to study or investigate a specific problem. Normally, posts in such Establishments are filled by deputation or on contract basis which would not result in regular incumbency. Even in a few cases where regular appointments are made by framing the recruitment rules, appointments are made according to these rules, these instructions about confirmation would not apply. In other words, persons appointed against the posts in purely temporary organisations are outside the purview of the revised procedure outlined in this circular

5. These orders will not apply to ex-cadre/tenure posts/Casual Labour and substitutes, if any, including Casual Labour and Substitutes with temporary status.

6. These orders will apply to the directly recruited Junior Accounts Assistants subject to the condition that they will be confirmed after successful completion of the probation period, if they have passed Appendix-II-A Examination within that period. In case, they fail to pass the examination within the prescribed period of probation, the benefit of confirmation will follow, only from the date of passing the said examination.

7. These orders will also apply to the Workshop staff i.e. skilled, semi-skilled and unskilled staff employed in workshops. Board's order No. ES1/RC1/4/3-PLI dated November 21, 1953 regarding confirmation of the Workshop staff will be treated as withdrawn. (E(NG) I/88/CN5/2 dated 20.01.1989).

8. These instructions are effective from 1/1/89.

Rescinding of irregular confirmation:

9. Cases requiring rescinding of confirmation may arise in circumstances falling in the following categories:

i) the order of confirmation was clearly contrary to the statutory rules and there is no power or discretion to relax the Rules;

ii) the order of confirmation was made in error e.g., naming wrong person- mistake in identity; and

iii) the order of confirmation was made in contravention of executive or administrative instructions.

NOTE:

Orders of Confirmation in cases (i) & (ii) above are void ab-initio and the Railway servant does not acquire any right hold the post in which the order purported to confirm him.

Cases falling under item (iii) above, may however, amount to reduction in rank without any fault on the part of the Railway servant.

[E(NG)1/68/CN5/18 dated 15/7/69, E(NG) 1/82/CN5/3 dated 27/7/82].

10. Ministry of Railways (Railway Board) have decided that insofar as non-gazetted Railway servants are concerned, the cases pertaining to rescinding of confirmation may be decided with the approval of the General Manager or any other officer not below the rank of Head of the Department

11. General:

a) While referring to this circular, provision of Section 'F' of Chapter-1 of IREM Voll, 2009 Reprint edition, and the original letters referred to herein should be read for a proper appreciation. This Circular is only a consolidation of the instructions issued so far and should not be treated as a substitution to the originals. In case of doubt, the original, circular should be relied upon as authority.

b) The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifically indicated otherwise in the concerned circular. For dealing with old cases, the instructions in force at the relevant time should be referred to; and

c) If any circular on the subject, which has not been superseded, has not been taken into consideration while preparing this consolidated letter, the said circular, which has been missed through oversight, should be treated as valid and operative. Such a missing circular, if any, may be brought to the notice of the Railway Board.

Hindi version will follow.

(D. Joseph)

Jt. Director/Estt. (N)

Railway Board

Consolidation has been made from the following letters:

1. E(NG) 1/68/CN5/18 dated 15/7/69.

2. E(NG)1/82/CN5/3 dated 27/7/82.

3. E(NG)1/88/CN5/2 dated 20/1/89.

4 E(NG)1/98/CN 5/1 dated 12.10.1998.

5. E(NG)I/2001/CN 5/1 dated 23.08.2001.

6. E(NG)1/98/CN 5/1 dated 02.08.2001.