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Master Circular No. 20 Substitutes. |
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Instructions on the subject "Substitutes" are contained in Chapter 23-A (ii) IREM 1968 { Chapter 15 (ii) IREM Vol. I 1989 edition } and also in various letters and circulars issued from time to time from Railway Board. The question of issue of consolidated instructions has been engaging the attention of the Railway Board for quite some time. It has now been decided by them to issue consolidated instructions in the form of a Master Circular on the subject "Substitutes" as below for the information and guidance of all concerned. 2. Definition: "Substitutes" refer to persons engaged in Indian Railway Establishments on regular scales of pay and allowances applicable to posts falling vacant because of absence on leave or otherwise of permanent or temporary Railway Servant and which cannot be kept vacant. [No. E(NG)65 LR 1-1 dated 01/09/1965] 3. Circumstances under which "Substitutes" can be appointed: Ordinarily, there should be no occasion to engage "Substitutes" having regard to the fact that practically in all categories of Railway Servants leave reserve has been provided for. Occasions may, however, arise when owing to an abnormally high rate of absentees, the leave reserve may become inadequate or ineffective, e.g., heavy sickness etc. or where leave reserve is available but it is not possible to provide the same, say, at a wayside, station. On such occasions, it may become absolutely necessary to engage substitutes even in vacancies of short duration as otherwise the Railway service may be adversely affected. 3.1. Substitutes should, as far as possible, be drawn from a panel of suitable candidates selected for Group 'C' (Class III) and Group 'D' (Class IV) posts should be engaged up to the age of 28 years only, subject to the observations made above, only in the following circumstances: • i. Against regular vacancies of unskilled and other categories of Group 'D' (Class IV) staff requiring replacement for which arrangements cannot be made within the existing leave reserve; • ii. Against a chain vacancy in the lower category of Group 'D' (Class IV) arising out of the incumbent in a higher Group 'D' (Class IV) category being on leave, where it is not possible to fill the post from within the existing reserve and when otherwise the Railway service will be affected; • iii. Appointment of substitute school teachers on ad-hoc basis on the Railways should normally be avoided and where it becomes inescapable, it should be for short periods and that too with the personal and prior approval General Managers. Adequate panel has to be maintained to fill regular vacancies of teachers and adequate waiting list for appointing substitute teachers therefrom so that the tail end of the panel can be treated as a waiting list for the purpose. Therefore, there should be no separate panel (waiting list) for substitute teachers. In cases where due to any compelling reasons a waiting list is not available or the wait listed candidate is not forthcoming and the post cannot be left unfilled till a regular incumbent is available, the post may be temporarily manned by recruiting a substitute, who should be selected through a procedure of calling for applications locally and making a selection from out of these applications. Such an arrangement should not be extended beyond six months within which time a regular panel for appointing substitute teachers should be formed; • iv. Substitutes in the lowest grade may be engaged to fill vacancies arising on account of the Railway Territorial Army Unit personnel called up by the Army for training or for military duty in emergency of 30 days duration or more. • v. Against vacancies in other circumstances specified by the Railway Board from time to time. Note: 1. The Phrase "as far as possible" occurring at the beginning of this para is not intended to confer unfettered discretion to appoint substitutes from outside. Substitutes should be appointed only from the panel. However, in special circumstances persons not in panel may be appointed but this should be for a very short period and only in urgent cases. Note: 2. Persons proposed to be appointed as substitutes are to be clearly warned that their appointment is only as substitutes and services will be terminated immediately on return of the persons on leave or regular selected candidates become available. [No. E(NG)65 LR 1-1 dated 01/09/1965 4. Benefits: 4.1. Substitutes engaged should be paid regular scales of pay and allowances admissible to the post against which they have been appointed irrespective of the nature or duration of the vacancy. 4.2. They should be allowed all the rights and privileges as are admissible to temporary Railway employees on completion of four months continuous service. 4.3. Substitute school teachers may, however, be afforded temporary status after they have put in continuous service of three months. Their services to be treated as continuous for all purposes except seniority on their eventual absorption against regular posts after selection. 4.4. The conferment of temporary status after completion of four months continuous service in the case of others and three months continuous service in the case of substitute teachers mentioned in paras 4.2 and 3 above does not entitle them to automatic absorption/appointment to Railway service unless they are selected in the approved manner for appointment or absorption to regular posts. 4.5. Service of substitutes will count for pensionary benefits from the date of completion of four months (3 months in the case of teachers) continuous service provided it is followed by absorption in regular Group 'C' (Class III)/Group 'D' (Class IV) service without break. 4.6. Age limit for recruitment to Group 'D' (Class IV) service may be relaxed to the extent of their total service rendered as substitute which may be either continuous or in broken periods. The above provision of age relaxation applies equally to such cases of regularisation in Group 'C' (Class III) skilled or highly skilled grades also. 4.7. Substitutes as have put in 3 years' service (at a stretch or in broken spells) who are matriculate/Diploma holders and who wish to apply for the posts advertised by the Railway Service Commissions (now Railway Recruitment Boards) may be given relaxation in age to the extent of service put in by them, continuous or in broken spells subject to age of 35 not being exceeded. 4.8. Festival/Flood advances: The substitutes who have attained temporary status and have put in three years' continuous service should be treated on par with the temporary status Railway servants and granted these advances on the same conditions as are applicable to temporary Railway servants, provided they furnish two surities from the permanent Railway servants. 4.9. Substitutes are eligible for medical facilities for self only in the out-patient Department. The service cards etc. of the employee may be utilised as identification cards for this purpose. 4.10. When substitutes selected for absorption in regular service and sent for medical examinations, the standard of medical examination should be of a relaxed standard as prescribed for re-employment during service. [ No. E(NG)65 LR 1-1 dated 01/09/1965 5. Screening of the substitutes for their absorption in regular service: 5.1. Substitutes, who have acquired temporary status should be screened by a Screening Committee and not by selection Boards, constituted for this purpose before being absorbed in regular Group 'C' (Class III) and Group 'D' (Class IV) posts. Such a Screening Committee should consist of at least three members, one of whom should belong to the SC/ST Communities and another to minority communities. [Board's letter No. E(NG)II-83/RRI/7(1) dated 01/06/1983] 5.1. A Screening/empanelment of Casual Labour/Substitutes for purpose of absorption in regular employment be restricted to only those who are in the current casual labour/ substitutes Registers except such of them as are absent on two occasions when called for such screening. For this purpose the said 'Register' should be maintained in duplicate. [Board's letter No. E(NG)II 78/CL/2 dated 21/02/1984] 5.2. Though no roster is required to be maintained, still the intake of SC/ST while engaging substitutes against each individual category in the various departments should not be below the prescribed percentage of reservation in favour of the two communities. 5.3. The Screening Committee should make good the shortfall, if any, by resorting to direct recruitment from the open market in each Group 'D' (Class IV) category before the panel is published. Ordinarily, the question of shortfall in non-technical categories should not rise. 5.4. So far as technical categories in Group 'D' (Class IV) are concerned, if there is any shortfall the matter should be reported to the Railway Board with the detailed remarks giving reasons for shortfall and also the steps taken by the Railway Administration to make good the shortfall. 5.5. Screening of substitutes for absorption in regular employment may be made by the Screening Committee with reference to the vacancies available at present and the vacancies likely to arise due to normal wastage up to the end of next one year and available for absorption of Casual Labour. The number to be called for screening will continue to the number assessed in the aforesaid manner plus 25% thereof. In other words, the number to be kept in the panel should be the number assessed, although 25% more are called to cater against the absentees in terms of Board's letter No. E(NG)II-79/CL-2 dated 03/03/1982). [Board's letter No. E(NG)II/88/CL/18 dated 01/11/1988 (RBE 251/1988)] 5.6. As long as it is established from records that the substitutes have been enrolled within the age limit, relaxation at the time of actual absorption should be automatic. 5.7. In old cases where the age limit was not observed, relaxation of age at the time of regular absorption should be considered sympathetically. CPOs/DRMs are empowered to grant such relaxation in hard cases. 5.8. In the case of vacancies in the Elec./Mech. and S&T Departments, substitutes will be eligible for absorption in regular employment only if they have the minimum educational qualifications of ITI or they are course completed Act Apprentices. 5.9 Subject to what is stated at para 5.8 above and with exceptions like compassionate appointments, recruitment to Diesel/Elec. loco sheds and workshops etc. all Group 'D' (Class IV) vacancies that may become available up to 31.12.1989 or till further instructions in the matter are issued, whichever is earlier, will be filled by the screening and empanelment of substitutes. 5.10 When called for screening, substitutes will be issued passes for their journeys and the period treated as on duty. 5.11. Gaps, which may occur in service of Substitutes between two engagements, should be ignored for the purpose of temporary status on completion of four months service, and in case of Teachers, on completion of 3 months' service. [Board's letters No. E(NG)II-82/SB/8 dated 06/01/1983 & 12.03.1983] 5.12 The practice of entrusting establishment work to the casual labour/substitute Khalasis in executive offices wherever exists, should be stopped forthwith and they should be utilised only on the work, they are meant for. [Board's letter No. E(G)82 AL 1-9 dated 20/08/1985 (RBE 244/1985)] [No. E(NG)II-70/CL/28 dated 20/07/1970 6. Date of appointment The date of appointment of a substitute to be recorded in the Service Book against the column "Date of appointment" should be the date on which he/she attains temporary status after a continuous service of four months if the same is followed by his/her regular absorption. Otherwise, it should be the date on which he/she is regularly appointed/absorbed. This applies to substitute teachers also who attain the temporary status after a continuous service of three months only. 7. Break in service. The following cases of absence will not be considered as "break in service" for determining the four months continuous service for the purpose of absorption in regular employment: •a. The periods of absence of a substitute who is under medical treatment with injury sustained on duty covered by the provisions of workman's Compensation Act; •b. Authorised absence not exceeding 20 days during the preceding six months.
[(Board's letter No. E(NG)II/77/CL/2 dated 31/03/1979; 8. Re-engagement of Substitutes: 8.1. Substitutes who have been discharged during the strike of 1974, and have not been re-employed will be re-engaged against future requirements in the order of priority on the basis of their total period of service prior to their discharge. 8.2. When forming panels, substitutes in question should be allotted seniority by reckoning their previous spells of employment and on the basis of such cumulative aggregate service. 8.3. The substitutes who have not been engaged so far will also be considered based on the length of their employment prior to their discharge. 8.4. The substitutes in question will not be subjected to any additional disability for the purpose of any limit on account of their break in service. 8.5. Substitutes who worked during the 1974 strike and are continuing as such should be given protection at the time of retrenchment. Those who were engaged after the strike was over would not be eligible for any special considerations. 8.6. In the case of retrenchment of substitutes the Rule "last come first to go" may not be applied but the reasons for the same have to be recorded by the Railway. [No. E(NG)II-74 CL/99 dated 25/08/1975, 9. Service Register. 9.1. In view of economy measures and ban on recruitment, no fresh face of substitutes should be engaged without the prior personal approval of the General Manager concerned. 9.2. It is not, however, the intention that the services of the existing substitute should be dispensed with merely because of the Railway Board's ban orders. 9.3. A register should be maintained for recording the names of all ''Substitutes'' whenever employed according to the Unit of recruitment, e.g.. Divisions, Workshop etc. strictly in the order of their up employment at the time of their initial engagement. The names of such of those Casual Labours/Substitutes who were discharged from employment at any time after January, 1981 on completion of work or for want of further productive work, can continue to be borne on the Live Casual Labour Register. [Board's letter No. E(NG)II/78/CL/2 dated 25/04/1986 (RBE 82/1986)] 9.4. If a substitute who was earlier discharged from service on completion of work or on return of the person against whose post he/she was engaged as substitute has not booked again in the preceding two complete calendar years, his/her name should be struck off the register. 9.5. If a substitute retrenched on completion of work or return of the person against whose post he/she was working does not accept subsequent offer made on availability of a vacancy, he/she loses the benefit of the previous spell of employment as such. 9.6. The register should be reviewed and updated annually. The register should be scrutinised by a senior Gazetted Officer preferably both at the beginning and closing of the year and also sign the register in token of scrutiny. [No. E(NG)65 LR 1-1 dated 01/09/1965, 10. General: •a. While referring to this circular, the original letters referred to herein should be read for a proper appreciation. This circular is only a consolidation of the instructions issued so far and should not be treated as a substitution to the originals, in case of doubt, the original circular should be relied upon as authority. •b. The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifically indicated otherwise in the concerned circular. For dealing with old cases, the instructions in force at the relevant time should be referred to. •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. The consolidation has been made from the following letters: •1. No. E(NG)58 RC 1/61 dated 31/01/1961 •2. No. E(NG)65 LR 1-1 dated 01/09/1965 •3. No. E(NG)II 68 SB/1 dated 29/06/1968 •4. No. E(ML)69/ML3/30A dated 25/09/1969 •5. No. E(NG)II 69 SB/12 dated 25/11/1969 •6. No. E(NG)II 68 SB/1 dated 31/03/1970 •7. No. E(NG)II-68/SB/1 dated 08/07/1970 •8. No. E(NG)II-70/CL/28 dated 20/07/1970 •9. No. F(E)III/69/PN1/21 dated 22/07/1970 •10. No. E(SCT)70 CM 15/15/2 dated 19/11/1970 •11. No. E(NG)II-RC/90 dated 18/12/1970 •12. No. E(NG)II-71CL/84 dated 13/12/1972 •13. No. E(NG)II-71 CL/84 dated 10/05/1973 •14. No. E(NG)II-71CL/84 dated 01/08/1973 •15. No. E(NG)II-73 SB 1/14 dated 06/03/1974 •16. No. E(SCT)74 CM 15/7 dated 27/04/1974 •17. No. E(NG)II-74 CL/26 dated 18/06/1974 •18. No. E(SCT)74 CM 15/7 dated 09/10/1974 •19. No. E(NG)II-74 CL/26 dated 25/02/1975 •20. No. E(NG)II-74 CL/99 dated 25/08/1975 •21. No. E(NG)II-75 CL/85 dated 03/01/1976 •22. No. E(NG)III 75 RC 1/121 dated 09/01/1976 •23. No. E(NG)II 74 CL/99 dated 10/09/1976 •24. No. E(NG)II/74/CL/99 dated 16.10.76 •25. No. E(NG)II-74 CL/99 dated 09/11/1976 •26. No. E(NG)I 73 PM 1/315 dated 20/11/1976 •27. No. E(NG)III 77 RC 1/43 dated 12/08/1977 •28. No. E(LL)76 AT/ID/1-16 dated 17/02/1978 •29. No. E(NG)II 77 CL/2 dated 03/05/1978 •30. No. E(NG)III-78 RC 1/4 dated 25/07/1978 •31. No. E(NG)III-78 RC 1/4 dated 24/08/1978 •32. No. E(NG)II/77/SB/37 dated 24/10/1978 •33. No. E(NG)II/78/CL/14 dated 22/11/1978 •34. No. E(NG)II/78/CL/14 dated 27/12/1978 •35. No. 79-E(SCT)15/1 dated 10/03/1979 •36. No. E(NG)II/77/CL/2 dated 31/03/1979 •37. No. E(NG)II/79/CL/16 dated 27/04/1979 •38. No. E(NG)II/79/CL/17 dated 28/04/1979 •39. No. E(NG)II 77/CL/2 dated 16/05/1979 •40. No. E(NG)II/79/CL/5 dated 16/05/1979 •41. No. E(NG)II/77/SB/38 dated 19/09/1979 •42. No. E(NG)II/80 RC 1/42 dated 19/06/1980 •43. No. E(NG)II/79/CL/5 dated 29/09/1980 •44. No. E(NG)II/79/CL/5 dated 10/10/1980 •45. No. E(NG)II-79/CL-2 dated 03/03/1982 •46. No. E(NG)II-82/CL-18 dated 03/03/82 •47. No. E(NG)II/82/CL/W/5 dated 21/04/1983 •48. No. E(NG)II/82/CL/W/5 dated 23/07/1983 •49. No. E(NG)II-83/RRI/7(1) dated 01/06/1983 •50. No. E(NG)II-84/CL/43 dated 07/06/1984 •51. No. E(NG)II/84/SB/8 dated 22/11/1984 •52. No. E(NG)II/78/CL/2 dated 22/11/1984 •53. No. E(NG)II-84/CL/85 dated 27/12/1984 •54. No. E(NG)II 78/CL/2 dated 21/02/1984 •55. No. E(NG)II/84/CL/85 dated 31/07/1985 (RBE 222/1985) •56. No. E(NG)III/84/CL/85 dated 13/09/1985 •57. No. E(NG)II/84/RR1/26 dated 04/09/1986 (RBE 159/1986) •58. No. E(NG)II/84/CL/85 dated 17/06/1988 •59. No. E(NG)II/88/CL/34 dated 14/04/1988 (RBE 71/1988) •60. No. E(NG)II-88/CL/18 dated 01/10/1988 (RBE 250/1988) •61. No. E(NG)II/88/CL/18 dated 01/11/1988 (RBE 251/1988) •62. No. E(NG)II-84/RR-1/26 dated 15/12/1988 (RBE 271/1988) •63. No. E(NG)II-84/CL/85 dated 20/01/1989 (RBE 26/1989) •64. No. E(NG)II/89/RC3/2 dated 22/02/1989 (RBE 58/1989) Other relevant and subsequently issued orders not included in the list •1. No. E(NG) II/80/CL/25 dated 21/10/1980 •2. No. E(NG)II-82/SB/8 dated 06/01/1983 •3. No. E(NG)II/80/CL/22 dated 05/03/1983 •4. No. E(NG)II/84/CL/28 dated 04/05/1984 •5. No. E(NG)II/83/CL/117 dated 25/01/1985 (RBE 33/1985) •6. No. E(G)82 AL 1-9 dated 01/02/1985 (RBE 40/1985) •7. No. E(NG)II/83/RC2/75 dated 31/05/1985 •8. No. PC/II/82/PN/1 dated 29/07/1985 (RBE 221/1985) •9. No. E(NG)II/84/RR1/26 dated 16/08/1985 (RBE 238/1985) •10. No. E(G)82 AL 1-9 dated 20/08/1985 (RBE 244/1985) •11. No. E(NG)II/84/RR1/26 dated 31/03/1986 (RBE 65/1986) •12. No. E(NG)III/86/RC-1/1/Policy dated 25/03/1986 (RBE 66/1986) •13. No. E(NG)II/78/CL/2 dated 25/04/1986 (RBE 82/1986) •14. No. PC-IV/Imp/AL/7 dated 04/12/1986 (RBE 241/1986) •15. No. E(NG)II/84/CL/28 dated 31/12/1986 (RBE 256/1986) •16. No. E(NG)II/84/RR-1/26 dated 06/11/1987 (RBE 271/1987) •17. No. E(NG)II/84/RR-1/26 dated 18/12/1987 (RBE 312/1987) •18. No. E(NG)II/84/CL/85 dated 21/12/1987 (RBE 0/1987) •19. No. E(NG)II/78/CL/2 dated 08/12/1988 •20. No. 88-E(SCT) I/28/1 dated 04/10/1988 (RBE 228/1988) •21. No. E(NG)II-88/CL/86 dated 08/12/1988 (RBE 268/1988) •22. No. E(NG)II/88/CL/113 dated 16/05/1989 •23. No. E(NG)II/84/CL/28 dated 06/11/1989 •24. No. 89-E (SCT)I/80/23 dated 11/12/1989 (RBE 304/1989) •25. No. E(NG)II/89/CL/1 dated 23/02/1990 (RBE 41/1990) •26. No. E(NG)II/90/CL/1 dated 30/05/1990 (RBE 91/1990) •27. No. E(NG)II/90/CL/171 dated 11/10/1990 (RBE 182/1990) •28. No. E(NG)II/89/CL/1 dated 25/10/1990 (RBE 188/1990) •29. No. E(NG)II/84/CL/28 dated 06/12/1990 (RBE 233/1990) •30. No. E(NG)I-90/PM1/30 dated 17/05/1991 (RBE 103/1991) •31. No. E(NG)II/91/CL/71 dated 25/07/1991 (RBE 134/1991) •32. No. E(W)88PS5-1/1 dated 25/10/1991 (RBE 182/1991) •33. No. E(NG)II/84/CL/85 dated 20/11/1991 (RBE 200/1991) •34. No. E(NG)II/91/RC-3/60 dated 31/12/1991 (RBE 226/1991) •35. No. E(NG)II/91/CL/67 dated 16/04/1992 (RBE 59/1992) •36. No. E(NG)II/84/CL/85 dated 17/08/1992 (RBE 135/1992) •37. Supplementary Circular No. 1 :- No. E(NG)II/90/SB/10/MC dated 04/11/1992 (RBE 185/1992) •38. No. E(NG)II/92/CL/SC/71 dated 02/04/1993 •39. No. E(NG)II/92/CL/27 dated 27/07/1993 (RBE 111/1993) •40. Supplementary Circular No. 2 :- No. E(NG)II/93/SB/5 dated 07/10/1993 (RBE 147/1993) •41. No. E(NG)II-2001/SB/2 Dated 04/01/2001 (RBE 3/2001) |
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