National Federationf Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI - 110 055
Indian NationalTrade Union Congress (INTUC)
lnternational Transport Workers' Federation (lTF)
No. II/35/Part. 11
Dated: 28/09/2015The Secretary (E),
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. 1/2013.(ii) Railway Board's ID Note No. E(G)2013/EM1-5 dated 17/03/2015 addressed to DoP&T.(iii) NFIR's letter No. II/35/Part.11 dated 03/12/2014, 24/02/2015, 25/05/2015, 06/07/2015 & 23/07/2015.(iv) Railway Board's letter No. E(G)2013/EM1-5 dated 11/08/2015.
During the special meeting held with the Railway Board (ED/IR, JDE/G, Director E/IR) onX6/08/2015 on the subject matter raised under PNM item 1/2013, the Official Side handed over a copy of judgment dated 01/05/2015 passed by the CAT, Chandigarh in OA No. 277/2014 wherein the Tribunal has rejected the claims filed by the Railway employees through the said OA.
2. The Federation has gone through the judgment of CAT and has following comments to offer:-
(i) The ex-servicemen joining Railway service consequent to their discharge from Army/Air Force/Navy belong to three categories as mentioned below:-
(a) The ex-servicemen discharged from services prior to 01/01/2006 and joined Railways prior to 01/01/2006
(b) The ex-servicemen discharged from services prior to 01/01/2006 and joined Railways on or after 01/01/2006
(c) The ex-servicemen discharged from services on or after 01/01/2006 and joined Railways after 01/01/2006.
(ii) Para 10 of the judgment clearly states that the OA No. 277/2014 along with other OAs were filed by the former Army personnel who were discharged/retired from the Force after 01/01/2006 and had joined the Railways in the year 2011. It is amply clear that the categories of former Army personnel who have joined Indian Railways vide conditions (i) (a) & (b) are not covered by the said judgment, therefore, their cases need to be decided based on the guidelines provided by the DoP&T vide I.D. Note No. 1078181/2015-Estt. (Pay-II) dated 22nd July 2015.
3. Further to above, Federation desires to place following relevant facts based on the existing instructions of the DoP&T and the clarification issued thereon:-
(i) Para 3 (iv) of DoP&T O.M. dated 5th April 2010 provides for fixation of pay of personnel/officers re-employed prior to 01/01/2006 and who were in employment as on 01/01/2006. In this category of former Army personnel, their pay will be fixed with reference to the fitment table of the pre-revised civilian pay in which they were re-employed and corresponding to the stage in the pre-revised pay scale on 01/01/2006.
This implies that the pay drawn by the former Defence personnel prior to their discharge/ retirement in the 5th CPC scale would have been taken into account while fixing the pay in civilian posts as they were in civilian service before 01/01/2006. In this connection, also refer clarification mentioned in para 2 of DoP&T I.D. Note dated 22nd July 2015.
(ii) Attention is invited to contents of para 3 (v) of DoP&T O.M. dated 05th April 2010 wherein directions have been given for fixation of pay of personnel/officers who retired prior to 01/01/2006 and have been re-employed in civilian posts after 01/01/2006. In this case it has been stipulated that pay of these persons on re-employment in civilian posts will be fixed by notionally arriving at their revised basic pay at the time of retirement treating the same as if they had retired under the revised pay structure. The DoP&T has further clarified that this will be done with reference to the fitment table of the Defence service rank/civilian service posts (as the case may be) from which they had retired and the stage of basic pay at the time of their retirement. The DoP&T has clearly stated that basic of these persons on re-employment will be fixed at the same stage as the notional last basic pay before retirement so arrived at. These stipulation has been made with the proviso that these persons shall be granted the Grade Pay of the re-employed post.
In this case also Railway Board may refer to para 3 of DoP&T I.D. Note dated 22nd July 2015.
From the position explained above, it may be noted that the issue raised by the NFIR under PNM item no. 1/2013 on the subject matter has been dealt with by the Railway Board very casually without proper application of the rules circulated by the DoP&T from time to time.
Further to above, NFIR encloses a copy of guidelines bearing no. KNP/PY/PF/ADM /2015-16/915 dated 13/07/2015 issued by the Regional P.F. Commissioner-I, Peenya Region of Employees' Provident Fund Organisation (under Ministry of Labour & Employment, Government of India) for reference and dealing with the Federation's demand appropriately.
NFIR, therefore, requests the Railway Board to issue car nstructions for fixation of pay of former Defence personnel re-employed in Railways on the lines. A copy of the instructions may be endorsed to the Federation.
(Dr. M. Raghavaiah)