NFIR
of IndianRailwaymen Federation National ROAD,NEWDELHI- 110055 3, CHEI.MSFORD Affiliated to : UnionCongress(INTUC) NationalTrade Indian InternationalTransportWorkers'Federation(lTF) Dated:0710112015
11 No. II/35/Part
. TheSecretary(DoP&T), & Training, of Personnel Depaftment North Block. New Delhi. DearSir, Sub: Counting of service paid from contingencieswith regular service for retirement benefits of railway employeeswho have put in such service-
i.g. Ref:
Ministry of Railway's OM No. E(NG)lll20l4lCL/14 dated 25llll20I4 to the Secretary,DoP&To North Block, New Delhi. {<**rdX<**{<**>k
The National Federationof Indian Railwaymen(NFIR) is a recognisedFederationand also a constituentof Joint ConsultativeMachinery (JCM) at National level. The Federation were apprised by the Railway Board durirtg discussionsin the 2. PermanentNegotiating Machinery (PNM) meetingheld on lgth/z}"'December 2014, on the issueof "counting of servicepaid from contingencieswith regular scrvicefor retirement benefitsof railway employeeswho have put in such service" (underitem no. 3/2013) that the Railway Board vide OM dated25lIIl20l4, cited under reference,have referredthe matter to the DoP&T seeking modification to Ministry of Finance (Departmentof Expenditure)'s to the extantthat the serviceof Casuallabour(who OM No. F-12(1)-EV/68dated 1410511968 are paid for services against contingenciesconsequentto acquiring temporary status till shouldbe countedin full for pensionarybenefitsas againsl50% providedat regtrlarisation), present.In this connection,NFIR places following facts which have merits and requires considerationat the level of Govemmentof India:o
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there is large gup b.r*..n the date of engagementof as CasualLabour & the date of abquiring temporary status and in a number of caseshas exceededabnormaily the specifiedperiodof 120/365days, In case of Substitutes,attained temporary status, totai temporary status service is countedfor retirementbenefitsetc. Federationcontendsthat consequentto attainmentof temporarystatus,CasualLabour and the Substitutesare governed by the same set of rules, the discrimination in counting of 50% service only in case of Casual Labour needs to be removed. In Railwaystemporarystatuscasuallabour have continuouslyworked without any br:eak and though vacanciesexistedthey have beenabsorbedbelatedly. Contd....2
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NFIR further desiresto state that the matter has since been adjudicated at the level of SupremeCourt and the Apex Court did not agreefor the continued discrimination with regard to counting of service and the SLPs filed by the Government of India/Railway Ministry were dismissedin the past requiring amendmentin the relevant rules. NFIR, therefore, urges upon the DoP&T to kindly consider the issue in proper perspectiveand accord approvalfor counting 100% Ty. statusservicefor retirementbenefits etc.,as proposedby Railway Ministry. Federationmay kindly be apprisedof the progresson the subject. Yours faitlf{ly,
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(Dr. M. Raghavaiah\ General Secreta\y' Copy to Secretary (E), Railway Board, New Delhi for information and with the request to pursue the matter further. to General Secretariesof Affiliated Unions of NFIR. p.C,opy Media CentreA.,lFIR FileNo.27l20I1 (PNM) File No. 312013(PNM)
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