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Master Circular No. 36 - Arrear Claims and Investigation thereof
Master Circular No. 36
Circularstaff-establishment
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| Circular number | Master Circular No. 36 |
|---|---|
| Type | Establishment Master Circular |
| Topic | staff-establishment |
| Archive source | pbtvc.in |
Summary
Arrear Claims and Investigation thereof. Master Circular compilation sourced from the PBTVC Personnel website; check subsequent Railway Board amendments before use.
Text of the circular
MASTER CIRCULAR Master Circular No. 36 Arrear Claims and Investigation thereof. The instructions relating to the subject "Arrear claims of Railway servants and investigation thereof" contained in the letters and in the reference books (Indian Railway Administration and Finance Code Instructions/ Indian Railway Establishment Manual) have been consolidated, as given below and issued as a Master Circular for the information and guidance of all concerned. 2. The scope of the instructions consolidated into this circular is confined to claims for payment of arrears on account of Pay and Allowances, leave salary, increments etc., and does not cover payment of gratuity, Government contribution to PF, SC to PF and Group Insurance. 3. Claims for arrear payment are preferred mostly due to: - i. Monetary entitlement of a Railway servant not being drawn correctly in time; ii. Upward revision in entitlement retrospectively like revision of pay scale, increase in the amount of dearness Allowance, benefit of fixation of pay with back effect; iii. Period of absence of a Railway servant originally treated as leave without pay, later regularised by the grant of leave; and iv. Treatment of the period of suspension as duty. 4. Claims arising due to the reasons quoted in Para 3 (ii) above are mostly based on general orders of the competent authority and no specific orders would be necessary for the drawal of arrears. Similarly, claims relating to Paras 3 (iii) and 3 (iv) would also carry the approval of the competent authority, which had decided on the regularisation after prior consultation with the Associate Finance where necessary. 4.1. In regard to claims falling in Para 3 (i) above, which are preferred after one year, approval of the competent authority is necessary for investigation and payment. 5. Petty arrear claims, other than those that affect a Railway servant's pension (SC to PF) Gratuity and all claims for whose delayed submission, an adequate explanation is not forthcoming should, as a rule, be rejected. There is no yardstick as to what should be regarded as a petty claim, but as a general rule, if a claim is for less than Rupees Ten and relates to a period earlier than one year from the date it is submitted to the proper authority or comes to notice, it should be regarded as petty and should be rejected and no action should be taken regarding the payment of arrears. [Ref: Para 1021 of the Indian Railway Administration and Finance, Para 1003 of the Indian Railway Establishment Manual] 5.1. To enable the competent authority to decide whether investigation and payment of the arrears claimed should be sanctioned, the total amount of the arrear claim together with the salary of the Railway servant concerned should be indicated in each individual case, to assess if the claim is to be treated as petty or otherwise. Every claim for payment of arrears should be supported by the reasons for the delay involved, to enable the sanctioning authority to decide if the reasons are satisfactory. (Para 1002—Indian Railway Establishment Manual) 5.2. All claims preferred, after the expiry of the period prescribed for the preservation of records, which are required for their verification should be rejected. (Ref: Para 1001 of the Indian Railway Establishment Manual and Para 1021 of the Indian Railway Administration and Finance) 5.3. In cases where, due to factors such as protracted correspondence between the Executive and the Accounts and the like, delay is apprehended in finalising arrear claims within the period prescribed for preservation of the relevant records in the Accounts Office, a specific request should be made to the Accounts Office, concerned for preservation of the records. (Ref: Board's Letter No. E(S)58 CPC/PA/5 dated 19.7.1969 and E(G)83/LG1/49 dated 3.8.1984) 5.4. While rejecting petty claims of Railway servants, the provisions of Section 15 (2) of the Payment of Wages Act, reproduced below should be kept in view,
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