National Federationf Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI - 110 055
Indian NationalTrade Union Congress (INTUC)
lnternational Transport Workers' Federation (lTF)
The Secretary (E),
Sub: Emoluments to be reckoned for grant of retirement/death benefits of staff working in Construction Organizations etc., on Indian Railways-reg.
During separate discussions held by EDF(E) with NFIR on 11.6.2015 on PNM/NFIR Item No. 4/2013, the Federation was given a copy of Supreme Court Judgement in Civil Appeal No. 7292 of 2013 arising out of SLP (Civil) No. 14007/12 in the matter of UOI Vs Bhanwar Lal Mundan circulated under Board's letter No. E(P&A)II-2011/PP-4 dated 10.09.2013. The Federation representatives have however, replied in the meeting that the Apex Court's Judgement will be studied and response will be conveyed.
In this connection, the contents of the Judgement of the Hon'ble Apex Court, referred - to above. have been gone into by the Federation and opined that the judgement is not at all relevant to NFIR's PNM item as explained below:-
(a) The case referred to in the said SLP belongs to a Gangman on Jodhpur Division who was appointed on 15/01/1966 and was regularised in the year 1972.
(b) He was promoted to the post of Store Keeper in October 1977 before proceeding to Construction Organisation in December, 1977.
(c) The employee was promoted as P. Way Mistry by the Construction Organisation w.e.f. 10/04/1981 (Pay Scale 380-560). On completion of the mandatory training the employee was placed in Grade Rs. 1400-2300 by the Construction Organisation.
(d) Subsequently, the Jodhpur Division i.e. the parent organisation of the employee (means 'Open Line') conducted a selection for filling up the posts of JE for which the employee had attended on 03/12/1994. The Division had issued posting order to the employee in the Division itself where he had joined and continued thereafter. The Division however had failed to fix the pay of the employee with reference to his junior in the cadre consequent to his transfer back from Construction Organisation to the 'Open Line' and thus caused financial hardship to him at the time of his retirement
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I he issue raised by the Federation in the PNM meeting vide item No. 4/2013 relates to the emoluments to be reckoned for grant of retirement/death benefits of staff in terms of rules. The Judgement quoted by the Railway Board is nothing to do with the issue raised and is entirely different matter. The Federation's contention is that those employees who remained in the Construction Organisation etc,, in any case, are required to be granted retirement/death benefits based on the last pay drawn by them. Federation therefore, strongly believes that the extant rules mentioned below are applicable for reckoning the emoluments drawn at the time of retirement and covering the past cases prior to 19/08/2010:-
- Clause (I) of Rule 1303 of IREC Vol, II
- Rule 35. 43. 49. 50 & 69 of Railway Pension Rules
NFIR. therefore. requests the Railway Board to review the case in the light of the facts and rules cited above. and accord approval for payment of retirement/death benefits to the employees retired/died prior to 19/08/2010 on the basis of emoluments drawn by them at the time of retirement. Federation will also be ready to discuss the issue with the Railway Board if the Board still have reservations. The Federation however, re-iterates that the Apex Court's Judgement is irrelevant to the PNM subject.
(Dr. M. Raghavaiah).