Service matter – whether railway employees are Central Govt civil servants

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This topic contains 2 replies, has 2 voices, and was last updated by  Vishnu Nampoodiri 2 months ago.

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  • #3427

    sir I am an employee resigned from Indian Railways and joined Kerala State Electricity Board my pro Rata pension and other flames where remitted by Indian Railway but Kerala State Electricity Board is on the option that Indian Railway employees are not Central Government civil servants can you give me any reference of court orders which clearly specified Indian Railway employees aur Central Government civil servants

  • #3434

    As far as I understand, the regular employees of the Indian railways are civil servants of the Central Government and/or hold civil posts under the Government of India, under the provisions of Article 311 of the Constitution of India. They are also covered within the meaning of the expression “persons appointed, to public services and posts in connection with the affairs of the Union” under Article 309 of the Constitution.

    However, railway employees are not covered by the Central Civil Services (Conduct) Rules and the Central Civil Services (Classification, Control and Appeal) Rules, since they are specifically excluded from the operation of these rules, and also since there are separate rules for railway employee on the same subjects.

    Section 2(34) of the Railways Act, 1989, itself makes it clear that some of the railway servants are directly employed by the Central Government:

    “(34) “railway servant” means any person employed by the Central Government or by a railway administration in connection with the service of a railway including member of the Railway Protection Force appointed under clause (c) of sub-section (1) of Section 2 of the Railway Protection Force Act, 1957 (23 of 1957);”

    [Note: Please do not ask the same question repeatedly. You asked this question 4 times, twice on the Forum and twice by email, by changing the language slightly. Your duplicate questions have been deleted. You should have some patience. This reply is being given to you within about 13 hours of your first question, that too on a weekend, and during these 13 hours, you asked the same question 3 times more, by changing the language slightly. Please refrain from bombarding us with repeated questions on the same issue. Otherwise, we shall be forced to block you from the Forum.]

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

  • #3437

    sir
    I am very thankful to you for your answer. I have made mistake because my computer is not showing whether the message has been send or not. That is why I repeatedly send the matter in your site. Sir I am extremely sorry 4 the inconvenience caused for you and I am very much thankful to you for the information you have given in this regard. This is helpful for me to submit this details to my office.
    thanking you
    yours faithfully
    Vishnu namboothiri

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