Railway Servants (Further Usefulness In Public Service) Rules 1962

Railway Servants (Further Usefulness In Public Service) Rules 1962

[Gazette of Pakistan, Extraordinary, 7th June 1962]

No. Con 2/12/2.—In exercise of the powers conferred by sub-clause. (d) of clause (9) of Article 6 of the Laws (Continuance in Force) Order, 1958, the President is pleased to make the following rules, namely:---

1. (1) These rules may be called the Railway Servants (Further Useful­ness in Public Service) Rules, 1962.

(2) They shall apply to all Railway Servants except persons holding such posts on Pakistan Railways as the Central Government may, by notification in the official Gazette, specify in this behalf.

(3) They shall come into force at once.

2. In these rules, unless there is anything repugnant in the subject or context,

(a) "Commission" means the Federal Public Service Commission and as respects the period after the Commencing Flay as defined in the Constitution, the Central Public ServiceCommission ;

(b) "Committee" means a Committee appointed under rule 3

(c) "Competent Authority" means—

(i) in relation to a person appointed by, or by an authority subordinate to the head of department,the head of department, and

(ii) in relation to any other person, the President ;

(d) Railway Servant" means a person defined in sub-rule (13) of rule 101 A of the Pakistan Railway Establishment Code, Volume I, but does not include a Section Officer or a member of the Secretariat staff employed in any Ministry of the Central or Provincial Government ;

(e) "delegate" means a body of officers to which the powers under sub-clause (c) of clause (9) of Article 6 of the Order have been delegated under sub-clause (e) of the said clause ; and

(f) "Order" means the Laws (Continuance in Force) Order, 1958.

3. The President, or the delegate, may appoint one or more Committees each consisting of not less than three members, to consider cases referred to it under sub rule (3) of rule 4:

Provided that--

(i) the Committee to consider the case of any member of Pakistan Railway Service Class I shall be the Railway Board" or any board or body on which the powers the functions of the Railway Board devolve ; and

(ii) the competent Authority in relation to any person shall not be a member of any Committee considering the case of that person.

4. (1) The competent Authority may, in order to determine the further usefulness in public service of a person to whom these rules apply, consider or cause to be considered, the case of such person at the following two stages only, namely :

(i) before such person completes 25 years' continuous service in the case of persons not entitled to pension, or completes 25 years of service _qualifying him for pension in the case of persons entitled to pension ;

(ii) before he completes the 55th year of his age

Provided that if a person completes the 55th year of his age earlier than the completion of twenty-five years of such service as aforesaid, his case shall be considered only on completion of the 55th year of his age:

Provided further that the cases of persons specified in the second proviso to sub-clause (c) of clause (9) of Article 6 of the Order may be considered within six months from the commencement of these rules.

(2) Action under sub-rule (1) shall be taken early enough to enable the order made under sub-rule (3) of rule 6 or rule 7 to be communicated to the person concerned as far as possible at least six months before such person completes the qualifying service or year of age, a and six months f a person referred to in the second proviso to sub-rule (1), commencement of these rules.

(3) If the competent Authority is of the opinion that the person whose case it has considered under sub-rule (1) be proceeded against under sub clause (c) of clause (9) of Article 6 of the order, it shall refer the case along with all relevant records, to the appropriate committee to examine the further usefulness in public service of such person and to make recommend­ation with respect thereto.

5. The committee shall, upon reference under sub-rule (3) of rule 4, being examine the case giving the person concerned an opportunity of beingheard, and shall, with all reasonable despatch, make its recommenda­tion in writing as to whether any action is necessary under sub-clause (c) of clause (9) of Article 6 of the Order and give reasons in support of its recommendation.

6. (1) Any proposal on the basis of the recommendation of the Com­mittee to retire a person, if it relates to a Gazetted Officer, shall be referred to a Sub-Committee of the Cabinet or after the commencing Day as defined in the Constitution to a Sub-Committee of the President's Council of Ministers constituted for the purpose.

(2) If upon a reference of any case under Sub-rule (1), the said Sub-Committee considers that the person concerned shall be retired, the case shall be referred to the Commission.

(3) The President or the delegate, as the case may be, may, in respect of any person referred to in sub-rule (1), after considering the recommen­dations of the Committee and the views of the Sub-Committee of the Cabinet and the Commission, make such order as lie thinks fit.

7. The recommendation of the Committee under rule 5 in respect of any person other than a Gazetted Officer shall be submitted to the Presi­dent or the delegate who may, after considering such recommendation, make such order as he thinks fit.

8. An order made under sub-rule (3) of rule 6 or rule 7 shall be communicated to the person concerned as far as possible at least six months before the date of completion of the 25 years of such service as is referred to in sub-rule (1) of rule 4 or the fifty-fifth year of age and shall be operative on completion of such service or year of age, or on such later date as the President or the delegate may determine:

Provided that such an order in respect of a person referred to in the second proviso to sub-rule (1) of rule 4, shall be communicated, as far as possible, within six months from thecomme! cement of these rules and shall be operative on such date within six months from the communication of the order as may be specified therein or on such later date as the President or the delegate may determine.

9. Where an order communicated under rule 8 directs retirement, the person concerned may, within fifteen days of such communication, make an application to the President or the delegate for review of the order and any order passed on such review shad be final.

10. A person retired under these rules shall be entitled to the follow­ing:‑

(1) (i) For Pensionable Railway Servants.—Compensation pension or gratuity as would have been admissible to the person under the rules applicable to his service or post on the date of compulsory retirement, if he had been discharged from service on account of the abolition of his permanent post without suitable alternative employment being provided to him.

(ii) For non pensionable Railway Servants.—Such benefits of special contribution or gratuity laid down in rule 1314 or rule 1509 of the Pakistan Railway Establishment Code, Volume I, as would have been admissible to him on the abolition of appointment due to reduction of establishment without alternative employment being found under clause (d) of sub-rule (1) and clause (d) of sub-rule (2) of rule 1314 of sub-clause (ii) of clause (c) of rule 1508 of Pakistan Railway Establishment, Code, Volume I :

Provided that a Railway Servant who is compulsorily retired on completion of 25 years of continuous service, shall, notwithstanding the provisions of rules 1314 (3) and (4) or rule 1509 (1) of the Pakistan Railway Establish­ment Code, Volume I, be entitled to a special contribution to Provident Fund or gratuity which tie would have been entitled had he retired from service on completion of 55 years of age.

(2) Leave. -- Such leave as may be due to the person on the date of his retirement but not exceeding the leave which could have been granted to him as leave preparatory toretirement :

Provided that, notwithstanding the provisions of any other rule to the contrary, a person granted leave under this sub-rule shall not be deemed to be in service during the period of such leave.

(3) Traveling Allowance.—Such travellingallowance if any, as may have been admissible to the person if he had retired on superan­nuation.

(4) Complimentary Passes.—Suchcomplimentary passes, if any, as may be admissible to' a person if he had retired on attaining that age.

11. Retirement of a person under these rules shall not be deemed to be, or for any purpose, be construed as, a ban on re-employment of such person in public service in a lower post, should he be suitable for such lower post.