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);”
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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. List of his Quora Answers. List of his YouTube Videos.
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