194

195
allowance for halt on tour at
expensive localition
Sub:- Payment of Daily
Rule 225-RI.
Copy of Board's letter No.
dated 18-9-1981
E(P&A)|1-83/PP/Stag dated 3.5.85 addressed
General Managers, All Railways & others. to the
Ret:- Board's letter No.PCII1-80/PF-11/5
communicated the decision to the
their above quoted letter
The Board in ef.
localities would be allowed at the
Grant of ad-hoc incre ment to Group 'B, Group 'C and
fect thatDaily Allowance. for halt in an expensive Group 'D' employees
stagnating at the maximum of their
localities under normal rules, with retrospective ef.
hiyher rate applicable to such pay scales.
letter could not be circulated to
fect from 1st Sept. 81. The contents of the Board's
all concerned earlier than 5-12-81, due to unavoidable circumstances. As a result Reference Ministry of Railway's letter of even number dated
4.8.1983 and
a few employees who performed their journies on tour during Sept, 81 and Oct,'81 clarifications issued vide letter dated 15.12.83. Certain
drew daily allowance at the then existing rates. They have now submitted fresh
doubts, in regard
benefit of stagnation increment have been considered and the
to grant ot
position is ciarified
claims for the difference of D.A. between the higher rate as applicable from 1-9-81 asunder
and the old rate which they alre ady drew.

Normally no claim for payment of difference of T.A. is permissible, except

Point of doubt Clarification

with the note there under.

in certain circumstances as indicated in Rule 210-RI, read
Further, as per Audit instructions under Rule 201-RIl a Government servant's claim 1. Whether stagnation increment Yes. The stagnation increment will be
to travelling allowance should be regulated by the rules in force at the time of
jour
will be admissible to the empl admissible in all cases where the
ney, in respect of which it is made, was undertaken. oyees holding ex-cadre posts. prescribed conditions are satisfied, ir-
respective of whether the post is in the
In view of Board's aforesaid orders, a
question has arisen as to whether an cadre or ex-cadre.
employee who had already submitted T.A. Bill and received payment at the
ing rate prior to issue of
Board's above quoted letter, can claim the difference of
exist
Whether stagnation increment Yes, Stagnation increment will be ad-
T.A. at the enhanced rate since the contents of
Board's letter under reterence came is admissible to employees missible to all employees who fulil the
within the knowledge of the
employee concerned on or after 5-12-81 only. The who have reached the maxim- prescribed conditions, irrespective of
FA&CAO of this Railway who was consulted has um of the grade by virtue of
obsorved as follows the manner in which the maximum has
grant of premature increments been reached.
There is no specific rules/orders for
drawl of difference of arrear T.A. as an incentive in the case of
for aparticular month, consequent on revision of rates through Sup-
plementary Bills in such instant case,"
outstanding sportsmen, appoi
ntment on compassionate
In view of the circumstances explained above Board grounds, cultural/handicapped
ly communicate their decision on the matter.
are requested to kind quotas etc.

This issues with the concurrence of the Finance Directorate of the

Ministry
Railways.
Estt: Srl: No: 109/85.

No.P/3rdPC/44.
Dated: 17.5.1985. Estt: Srl: No: 110/85.
A copy of the
Railway Board's letter No. E(P&A)II-83/PP/Stag. dated 3.5.85
is published for
information, guidance and necessary No.P/R/14/141/13. Dated: 17.5.85.
4.8.83 and 15.12.83, as referred to action, Board's letters dated
therein, were published under Estt: Srl: No:
172/83 and 269/83 respectively. A copy of Board's letter No.E(D&A)84 RG 6-26 dated 29.4.85 is published
for information guidance and necessary action with reference to this office Est: Srl:
Nos.255/70 & 177/80 respectively.
 196
197

29.4.85 to the Gener.

84RG 6-26 dated eral
Board's letter No. E(D&A)
Copy of Railway invited by IV Pay Commission for oral
evidence.
Managers and others
form the date of Reference Board's letter of even number dated
the intervening period en 27.3.1985, on the above
Regularisation of reinstatement in c a s e s of acquittal subject.
the date of
sion/dismissal etc. to

instructions contained in Railway Board's letter 2. It is clarified that the expression "Service Associations" appearing
Attention is invited to the in para
76 RG
5.9.70 and endorsement No.E(D&A) 6-62 1 of the letter implies Unions/Associations, both
recognised
No.E(D&A) 69 RG 6-48 dated and unrecognised.
dated 8.7.80 on the above subject.
3. It is also clarified that the expression "travelling allowance as on
Board that in cases of acquittal by tour ap-
2. It has been represented to the Railway pearing in the same para will imply a railway pass, of appropriate class, Daily Al-
honourable acquittal and that even
a Court of Law there is no such thing as clear or lowance and other incidental charges as admissible for
if the acquittal is on benefit of doubt the entire period from date of suspension
a journey on tour as per
railway rules.
retirement to the date of
preceeding the date of dismissal/removal/compulsory
resumption should be treated as duty with full pay and allowance.

3. The Department of Personnel has been consulted and it is clarified that Estt: Sri: No: 112/85
while a distinction can be made between cases in which a court sets aside an order
passed by an authority on technical grounds like failure to follow the prescribed pro No. P/R/4/31/Pt.I. Dated:20-5-85.
cedure and a case in which a person is acquitted by a Court, in cases of acquittal
themselves, no further distinction is possible as "honourable acquittal" or otherwise. A
copy of Board's letter No 84/E(GR)IU7/93 dt.
formation and guidance.
24.1.85 is published for in-
An by a Court is acquittal from the charges framed against the accused
acquittal
and it has to be treated as such. In the circumstances, cases of
acquittal by a Court Copy of Board's letter No. 84/E)GR) 1/7/93 dt. 24.1.85 adressed to all G. Ms of all
of Law should be viewed as such and
they should be distinguished from cases in Indian Railways & others.
which Courts set aside orders of Government on technical
grounds like failure to
follow the
prescribed procedure, failure to fulfill the requirements of Article 311 of
the Constitution, etc. Training of Probationary Assistant Divisional Medical Orricers on
Indian Railways.
4. Cases of reinstatement following
with under relevant Sub-rules
acquittal by a Court of Law, may be dealt Ministry of Railways have decided to amend para 108 of Section 'A' of Chap-
(2), (3), (6) and (8) of rule 2044 (FR-54) of the Indian
Railways Establishment Code Vol.ll, keeping the above observation in view. ter Iof Indian Railway Establishment Manual (2nd Edition 1968 that the training of
Probationary Assistant Divisional Medical Orricer should be given training for a
period of six months instead of three months.

Estt: Srl: No: 111/85 Para 108 of Section 'A' of Chapter 1 of the Indian Railway Establishment

No.P/R/30/34/Part file of Pt. XXI.

Manual (2nd Edition) 1968 relating to training of Probationary Assistant Divisional
Dated: 20.5.85. Medical orricer may accordingly be amended as advanced Correction Slip NO. 137
attached herewith.
A copy of
Railway Board's letter No.F
published for information, guidance (E)1/85/AL-28/2/ dated 29.4.85 is
and necessary action with Government of India (Bharat Sarkar)
Srl: No: 69/85. reference to Estt Ministry of Railways (Rail Mantralaya)
Copy of Board's letter (Railway Board)
General Managers, No'F(E)|/85/AL-28/2
All Indian
dated 29.4.1985 addressed to the INDIAN RAILWAY ESTABLISHMENT MANNUAL
Railways and others. ADVANCE CORRECTION SLIP NO. 137.
TA/DA to the Railway servants representing Service Associations Substitute the following for the existing entries relating to training of Proba
tionary Assistant Divisional Medical Officer in para 108 of Section 'A' of chapter