CHAPTER IX, '

type of worker earning Rs. 45 monthly or over is not entitled to leave but
gets 15 holidays. Other railway workers also are said to be allowed gazetted
 holidays according to the exigencies of the service, which in effect means
that they are not allowed to persons whose duties are connected with the
movement of trains. To compensate for this, labourers employed in sheds
and train-examining stations, station menials and others usually placed on
the same footing as workshop employees, are entitled to about 15 days’
casual leave in lieu of holidays ; but, owing to the lack of reserve and
other reasons, such leave is not always obtainable. Indeed, itis evident
that many workers never receive any leave, although their duties require
them to be on call every day of the year. On state-managed railways,
several classes of monthly-rated menials earn leave under the Fundamental
Rules, subject however to the condition that ‘ no extra cost ’ is imposed
on the State. Yet on one of these railways, formerly under company
management, office menials of one year’s service continue, under the old
rules which were modelled on the Fundamental Leave Rules, to be
entitled to a month’sleave on full pay, and other members of the menial
staff are entitled to the leave privileses accorded to subordinate
sta ff.

Revised Leave Rules.

The rules applicable to subordinate staff on state-managed
railways differ widely from those obtaining on company-managed railways.
 If the leave terms applicable to the subordinate staff, on statemanaged
 railways in particular, were effective, in our opinion they would
be too liberal and require revision. We do not believe it was the intention
 of the framers of the Fundamental Rules that they should be capable
of application to all classes of railway servants. In the recently revised
leave rules issued for Government servants employed in the Railway
Department, an effort has been made to bring railway practice more
into line with railway service requirements. The ‘no extra cost’
condition is no longer to serve as a bar to lower grade employees taking
leave, although such leave will not be cumulative. Provision has been
made for leave on full pay, graduated according to service, for all workers
of three or more years’ service, with an amount of specified leave on half
pay under medical certificate. We are of the opinion, however, that the
leave rules are capable of further improvement, and recommend
continued examination of the whole subject in consultation with representatives
 of the workers. In the workshops, for instance, employees
are able to avail themselves of the many gazetted holidays with full
pay, while this privilege is not possible for workers in other branches,
most of whom for various reasons are unable to take full advantage
of such casual leave as is permissible in lieu of holidays. In our opinion,
these and other different conditions of service should be taken into
account in framing and determining leave rules. Under the new rules
the grant of leave continues, subject to the exigencies of the service ;
it cannot be claimed as a right and may be withheld in cases of irregular
attendance. An emplovee’s right to leave must naturally be subject to