RBE No. 208/2000: Retention of railway quarter

No.E(G)2000 QR1-23, dated 30.11.2000

Sub: Retention of railway quarter on transfer, deputation, retirement etc.

Ministry of Railways (Railway Board) have reviewed the instructions governing retention of Railway accommodation by Railway employees in the event of their transfer, deputation, retirement etc. and have decided to revise/ modify the instructions as under. The relevant extant instructions stand modified superseded to the extent they have been revised/ modified in terms of this letter.

1.    Permanent transfer:

(a) A Railway employee on transfer from one station to another which necessitates change of Residence, may be permitted to retain the Railway accommodation at the former station of posting for a period of two months on payment of normal rent or single flat rate of licence fee/ rent. On request by the employee, on educational or sickness account, the period of retention of railway accommodation may be extended for a further period of six months on payment of special licence fee i.e. double the flat rate of licence fee/ rent. Further extension beyond the aforesaid period may be granted on educational ground only to cover the academic session in which he was transferred on payment of special licence fee.

Beyond the permitted/ permissible limits, however, no further extension will be allowed on any grounds whatsoever. Therefore, no requests or representations on this score shall be entertained. For all occupations beyond the permitted period, immediate action should be taken to cancel the allotment, declare the occupation as un-authorized and initiate eviction proceedings charging damage rent for the overstay.

(b) Where the request made for retention of Railway quarter is on grounds of sickness of self or a dependent member of the family of the Railway employee, he will be required to produce the requisite Medical Certificate from the authorized Railway Medical Officer for the purpose.

(c) In the event of transfer, during the mid-school/ college academic session, the permission to be granted by the competent authority for retention of Railway accommodation in terms of item (a) above will be subject to the production of necessary Certificate from the concerned school/ college authority.

(d) In the case of transferred Railway employee holding earmarked accommodation, he/ she may be permitted to retain the accommodation for a period of two months only on payment of normal rent. During this period of two months. If the employee concerned requests for further retention in terms of (a) above, an alternative accommodation not higher than Type V should be allotted in his/ her favour for the balance period of six months on payment of special licence fee. No relaxation beyond the permitted/ permissible limits will, however, be allowed on any ground whatsoever. Therefore, no request or representation on this is score shall be entertained. For all occupations beyond the permitted period, immediate action should be taken to cancel the allotment declare the occupation as un-authorized and initiate eviction proceedings charging damage rent for the ovary stay.

(e) Both in respect of non-earmarked accommodation, permission for retention beyond the initial period of 2 months under circumstances indicated in sub paras (a) and (d) above should be granted only in rare cases/ genuine need and not in a routine manner.

An employee in occupation of Railway quarter (earmarked/ non-earmarked) on deputation to another Ministry/ Deptt. of the Central/ State Govt. of India will be permitted to retain Railway quarter only for a period of two months on payment of normal rent. This retention would be subject to approval by the competent authority; this approval would be given only if the employee gives a proof of having applied for a suitable Central/ State Govt. quarter, as the case may be, if he is eligible for the same while he is on deputation. The application should include a request for a quarter of a type one below the entitlement. Such an application should be made by him at the earliest opportunity and definitely within one month of the person joining on deputation. In case of failure to apply for a suitable quarter the permission of retention of quarter for a further for a period of two months will no longer apply and he would be treated as un-authorized occupant from the date he joined on deputation. For the Central/ State Govt. Deptt. where there is no policy to allot the quarter of their own from the general pool, he should apply for accommodation on lease from the concerned employer. If, there exists no provision even for this then after retention of two month’s period, no further extension would be given to the employee to retain the Railway quarter beyond two months and he/ she would be treated as an un-authorized occupants and action taken accordingly.

3. Railway employees Proceeding on deputation to PSUs etc.
A Railway employee while proceeding on deputation to any of the PSUs (including those of the Ministry of Railways, viz. RITES, IRCON, CRIS, IRFC, IRCTC, MRVC, KRC, Riltel Corpn, etc) would be permitted to retain Railway quarter only for a period of two months on normal rent chargeable from the date they have joined the Public Sector Unit after this period he would be treated as un-authorized occupants and action taken accordingly.

4. Retirement:
A Railway employee on retirement including voluntary retirees and those retired compulsorily may be permitted to retain the non-ear-marked Railway accommodation for a period of 4 months on payment of normal rent/ flat rate of licence fee/ rent and the next 4 months on educational or sickness account on payment of special licence fee, i.e. double the normal rent or double the flat rate of licence fee/ rent. This is also applicable to Audit Staff doing Railway audit work. The case of retirement or medical invalidation grounds are also to be treated at par with normal retirement.
Beyond the permitted/ permissible period, however, no further extension will be allowed on any grounds, whatsoever. Therefore, no request or representations on this score shall be entertained. For all occupations beyond the permitted period, therefore, immediate action should be taken to cancel the allotment, declare the occupation as un-authorized and initiate eviction proceedings charging damage rent for the overstay.

5.    Railway employee holding ear-marked Railway accommodation:

(a) Railway employee holding ear-marked Railway accommodation on their retirement will be entitled to retain the ear-marked Railway accommodation only for a period of two months on payment of normal rent with no extension on any grounds whatsoever. During this period of two months, at the request of the retired Railway employee for alternative accommodation not higher than Type V, the same can be allotted in his/ her favour for the balance period of six months. This permission for the balance six month would be on payment of a special licence fee. He has of course, to apply immediately within a period of one month from retirement as has already been elaborated in item (a) above. The period of such relaxation in this case would be allowed only till the allotment of an alternative accommodation or a total period of eight months whichever is earlier.
(b) Beyond the permitted/ permissible period, however, no further extension will be allowed on any grounds whatsoever. Therefore, no request or representations on this score shall be entertained. For all occupation beyond the permitted period, therefore, immediate action should be taken to cancel the allotment, declared the occupation as un-authorized and initiate eviction proceedings charging damage rent for the overstay.

6. Post-retirement engagements in Committees, Commissions etc.
In cases of engagement of retired Railway employee in Committees, Commissions and Tribunals (even the Tribunals of Railways like RCT) he/ she will not be entitled to any Railway accommodation and should vacate the accommodation within a period of two months of having joined such a Committee/ Commission/ Tribunals etc. However, in case of re-employment on the Railways, the extent orders will continue to be applicable.

7. Withholding of DCRG etc. in case of post-retirement retention of quarter:
For un-authorized retention of railway accommodation Railway administration should take following steps to discourage Railway employees:-

(i) No claim certificate should not be given unless the employee after retirement has vacated the Railway quarter and cleared all his arrears of rent, electricity and other charges etc.

(ii) While the retirement/ death gratuity or special contribution to PF, as the case may be, should be withheld in full for non-vacation of Railway quarter s, not only after superannuation but in all cases of cessation of service, namely, voluntary retirement, death etc. Further the amount withheld should remain with the Administration only in the form of cash without conversion into any type of security lest the very purpose of withholding full DCRG should get defeated. It may also please be kept in view that the gratuity should be released as soon as the quarter is vacated so that there is neither any hardship to the retired employee or its family nor there is any claim for payment of interest on withheld gratuity for reasons of any administrative lapse.

(iii) One set of post-retirement Pass should be disallowed for every month of un-authorized retention of railway quarter s by retired officer/ staff. The concerned retired officer/ staff may be allowed the privilege of post-retirement passes after the period during which the forfeited passes would have been admissible, is over. A show Cause Notice to this effect may be issued to the retired employee before disallowing the pass.

Sub rule (8) of Rule 16 of the Railway Services (Pension) Rules, 1993

“(8)(a) In case where Railway accommodation is not vacated after superannuation of the Railway servant or after cessation of his services such as on voluntary retirement, compulsory retirement, medical invalidation or death, then the full amount of retirement gratuity, death gratuity or special contribution to provident fund, as the case may be shall be withheld.

(b) The amount withheld under clause (a) shall remain with the Railway administration in the form of cash.

(c) In case the Railway Accommodation is not vacated even after the permissible period of retention after the superannuation, retirement, cessation of service or death, as the case may be, the Railway Administration shall have the right to withhold, recover or adjust from the death-cum-retirement gratuity, the normal rent, special licence fee or damage rent, as may be due from the ex-Railway employee and return only the balance, if any, on vacation of the Railway Accommodation.

(d) Any amount remaining unpaid after the adjustment made under clause (c), may also be recovered without the consent of the pensioner by the concerned Account Officer from the dearness relief of the pensioner until full recovery of schedule has been made.

(e) Dispute, if any, regarding recovery of damage or rent from the ex-Railway employee shall be subject to adjudication by the concerned Estate Officer appointed under the Public Premises (Eviction of Un-authorized Occupants) Act, 1971 (40 of 1971).”

Note:
(i) The withholding of gratuity envisaged in Rule (8) of the Railway Services (Pension) Rules, 1993 will also be applicable to Railway servants holding Railway accommodation and retiring from Ministry of Railways (Railway Board).

(ii) The policy of allowing PSUs to pay cost of construction of houses and thereafter retain half of the number of house is equivalent to the 50% cost of construction should now be discontinued. Railways should encourage the PSUs to build houses on Railway land subject to the condition that 50% of the number of such houses built should be made available to Railway Officers and the balance can be allotted to officers working in the PSUs.