NFIR
of IndianRailwaymen Federation Naticinal ROAD,NEWDELHI- 11O055 3 , C H E L MSFORD Affiliatedto : UnionCongress(INTUC) IndianNationalTrade TransportWorkers'Federation(lTF) International Dated:0511012015
No. I/8iPaft.I The Secretary(E), RailwayBoard. Ney{Delhi DearSir, Sub:
Denial of fA/DA to the Staff Car Drivers in the Railways-res.
Ref:
(i) (ii) (iii) (iv)
(v)
NFIR's PNM Item No. 4l20ll. NFIR's letterNo. I/8 dated0210412010. 1310912013, NFIR's letter No. IlSlPt. I dated2710612013, 51512074, 71712014. 2t I t0l20t4 & 1| 10512011 5. Railway Board'sletterNo. F(E)y2009lAL-28l2llPt.dated2810412015.
Railway t.t!.iil?;l(E)Il2009lAl-28121 dated251081201s. Board's
While going through the contentsof Railway Board's letter dated 2510812015, NFIR is constrainedto point out that the Board has allowed the staff car drivers to draw only the Daily Allowance for the period beyond duty hours in casethe journey does not involve their absenceof one night from their Headquarterswith the condition that no Over Time Allowanceshall be payablefor the periodto which DA hasbeendrawn.Furtherthe Railway Boardhasimposedconditionfbr the Staff Car Driversto draw eitherOTA or DA on any day on which suchjourneyshavebeenundertaken. 2. In this connection,NFIR desiresto clarify that the instructionsissuedvide letter dated 2510812015 arein violationof the codalorovisionsas mentionedhereunder:r
The provisionsmadeunderRule 1502and Rule 1614 (1) & (2) of Indian Raiiway EstablishmentCode, Vol- II (Sixth Edition 1987 and SecondReprint Edition 2005) clearlyprovidethat:1502: Over Time Allowance is an Allowance paid to Railway servantsfor actual time worked in excessof the hours of employment prescribed by any law or rule. l614: (1)
Daily allowancemay be drawn by a Railway servant who is not in receipt of permanent travelling allowanceon any day on which he proceedson tour beyond a radius of 8 kms. from his Headquarter or returns to his headquarterfrom a similar distance.
(2)
Daily allowanceas in Sub-rule (1) would be admissibleeven if the place of temporary duty falls in the same municipalify as (or in a municipality contiguous to) that in which the Railway servants headquarteris situatedand the term 'radius of 8kms.' should be interpreted as meaning a distance of 8 kms. by the shortest practicable route by which a traveller can reach his destinationby the ordinary modesof travelling. C o n t d .P a g e. . . 2
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ll2lt From the rules mentioned in R-II and quoted above,it is clear that the Over Time Allowance and the Daily Allowance are distinct and not relatedto each other. The Railway Board's decisionto co-relatethe two Allowanceswith eachother and imposing the condition to allow either OTA or the DA to the Staff Car Drivers, who though eligible for both i.e. daily allowance and OTA as mentioned in Rule 1502 and 1614, cannot be held sensible, besidesbeing bad in Law. In all faimess Railway Board's instructionscontainedin letter dated2510812015 needto be modified, for allowing both the allowances. NFIR, therefore,once again requeststhe Railway Board to issuemodified instructions early.A copy of the instructionsissuedmay be endorsedto the Federation. Yours faithfully,
LD art" ' l - l r
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(Dl M.Raghavaiah)l I GeneralSecretary.. Copy to the Executive Director F(E), Railway Board, New Delhi for information and necessary action. Copy to the Convener,Fast Track Committee& ExecutiveDirector/IR, Railway Board,New Delhi for informationand necessaryaction. y"-{opy to GeneralSecretariesof Affiliate Unions of NFIR. ' MediaCentre/NFIR. FileNo. 4l20ll (PNM). File No. IVAIFIR/FTC|2j|4 (MAIN.
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