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Friday, December 5, 2014

Unjustified applicability of Railway Services (Revised Pay) Rules, 2008 to persons re-employed in Railway Service after retirement from Defence forces

Unjustified applicability of Railway Services (Revised Pay) Rules, 2008 to persons re-employed in Railway Service after retirement from Defence forces


NFIR

National Federation of India Railwaymen
3, Chelmsford Road, New Delhi – 110 055
Affiliated to:
Indian National Trade Union Congress (INTUC)
International Transport Workers’Federation (ITF)
No.II/35/Pt.11
Dated : 03-12-2014
The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Unjustified applicability of Railway Services (Revised Pay) Rules, 2008 to persons re-employed in Railway Service after retirement from Defence forces - reg.

Ref: (i) NFIR's PNM item No. l/20l3.
        (ii) NFIR's No.II/35/Pt. X dated 03/07/2014.
        (iii) Railway Board' s letter No.E(G)20 I 3/EM1 -5 dated 07 / 10 /2014.

While perusing contents of reply received vide Railway Board's letter dated 07/10/2014, Federation is disappointed to note that the issue raised by the NFIR in the PNM meeting agenda has not been examined, in depth by the Railway Board duly taking into consideration all relevant instructions issued by DoP&T from time to time. The reply conveys that the Board intends to negate the demand.


2. In this connection, NFIR once again places below following key points for re-examination of the issue afresh :-

(a) The DoP&T OM No.3/1/85-Esttt (Pay-II) dated 31st July 1986 read with OM No. 3/13/2008-Estt (Pay-II) dated 11th  November 2008 and OM No.3/19/2010 - Esttt (Pay-II) dated 5th April 2010, provides for fixation of pay of re-employed defence personnel inducted into railway service before attaining the age of superannuation.

(b) Pira2 (1) of DoP&T OM No.3/13/2008-Estt (Pay-II) dated 11th November 2008 provides as under 
 According to the provisions of rule of the CCS (RP) rules 2008, if he is:

(i) A Government servant who retired without receiving a pension, gratuity or any other retirement benefits and.

(ii) A retired Government servant who received pension or any other retirement benefits but which were ignored while fixing pay on re-employment.

The above provision implies that the pay fixation of defence pensioners, whose pension and retirement benefits are to be ignored, on re-employment in the railways, are governed under Rule 7 of CCS (RP) Rules 2008 as clarified further hereunder.

3. NFIR further desires to invite attention of the Railway Board to the clarification issued by the DoP&T vide OM dated 5th April, 2010 wherein contents of paras 3(IV) & (V) as reproduced below, are note worthy:-

(a) "3(IV) Fixation of pay of personnel/officers re-employed prior to 01/10/2006 and wherein employment as on 01/10/2006 : In the case of personnel/officers who were re-employed before 0110112006 and who were working in the Central Government Organizations on re-employment basis as on 01/10/2006, their pay will be fixed in accordance with the provision of DoP&T O.M. No.3/13/2008/Estt.(Pay-II) dated 11/112008. This O.M. stipulates that re-employed persons who become eligible to elect revised pay structure shall exercise option in the manner laid down in Rule 6 of CCS(RP) Rules, 2008. In this context, it is clarified that in accordance with the provision of Rule 7 of CCS (RP) Rules, 2008' Department of Expenditure issued fitment table corresponding to each pre-revised pay scale vide O.M. No.01/1/2008-IC dated 30/08/2008. In the case of those personnel/officers as well, who were re-employed before 01/01/2006 and who were working in the civilian organizations on re-employment basis on 01/10/2006, their pay witt be fixed with reference to the fitment table of the pre-revised civilian pay scale in which they were re-employed and
corresponding to the stage in the pre-revised pay scale as on 01/10/2006".

“(V) Fixation of pay of personnel / officers who retired prior to 01/10/2006 and have been re-employed after 0110112006 : In the case of personnel/officers who had retired prior to 01/10/2006 and who have been re-employed after 01/10/2006, their pay on re-employment will be fixed by nationally arriving their revised basic pay at the time of retirement as if they had retired under the revised pay structure. This will be done with reference to the fitment table of the Defence Service Rank/Civilian service post (as the case may be ) from which they had retired and the stage of basic pay at the time of their last basic pay before retirement so arrived at. However, they shall be granted the grade pay of the re-employed post. The maximum basic pay cannot exceed the grade pay of the re-employed post plus pay in the pay band of Rs.6700/- i.e. the maximum of the pay band PB- 4. In all these cases, the non-ignorable part of the pension shall be reduced from the pay no fixed"

Federation further desires to state that the DoP&T vide OM dated 08/11/2010 circulated under Board's letter dated 24/07/2013 have further clarified that the Military Service Pay (MSP) is to be included as part of pay in respect of pre-2006 retires re-employed prior to 1/1/2006 as it has not been reckoned in the pre-retirement benefits pay for the purpose of pay fixation on re-employment. The said OM also clarifies that in respect post 1/1/2006 retires who have been re-employed after 01/01/2006, MSP has already been taken into account, is not to be reckoned for fixation of pay' on re-employment.

b) In a case wherein a re-employed pensioner (Ganesh S Lohalkar) sought information from DoP&T under the RTI Act, was replied by the DoP&T to take up the matter with applicant's administrative Ministry/Department to get the grievance redressed duly taking action as per guidelines issued under DoP&T OM dated 31st  July 1986 read with OM dated 11th  November 2008 & 5th April 2010, as mentioned above.

A copy of the communication exchanged between the applicant and the DoP&T dated 16th June 2014 (closed on27l08l20l4) is enclosed for reference.

4. Besides above, Federation furnishes illustrations of cases where pay fixation with reference to pay drawn at the time of retirement in favour of defence personnel has been reckoned for fixation of pay at the time of re-employment in the departments under Ministry of Labour & Employment, Ministry of Finance (Income Tax)'etc., in support of the demand. This further establishes that the negative view taken by the Railway Ministry (Railway Board) is grossly incorrect and requires immediate correction.

NFIR, therefore, once again urges the Railway Board to kindly review the decision taken and issue suitable clarificatory instructions to all GMs of Zones/PUs duly citing contents of para 3 (iv) & (v) of DoP&T OM dated 05/04/2010. A copy of instructions issued may be endorsed to the Federation.


Yours faithfully,
Sd/-
(Dr M.Raghavaiah)
General Secretary

DA/As above

Source: NFIR


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