NFIR

National Federation of IndianRailwaymen ROAD,NEWDELHI- 11O055 3, CHELMSFORD Affiliatedto: IndianNationalTradeUnionCongress(INTUC) InternationalTransportWorkers'Federation(lTF) N o . I I l 3 5 / P a r 1 .1

Dated:0110712015

fhe Secretary(E), RailwayBoard. New Delhi D e a rS i r . Sub:

F.molumentsto be reckoned for grant of retirement/deathbenefits of staff working in ConstructionOrganizations etc.,on IndianRailways-reg.

Ref:

(i) (ii)

(iii)

NFIR's PNM ltem No. 412013. RailwayBoard'sletterNo. E(P&A)ll-z}l1lPP-4 dated22.06.2015.

NFIR'sletter No.tJlr_?ffJi_l I dated 2et06t20ts.

During separatediscussions held by EDF(E) with NFIR on 1l .6.2015on PNMAtrFIR Item No. 412013,the Federationwas given a copy of SupremeCourt Judgementin Civil AppealNo. 7292of 2013 arisingout of SLP (Civil) No. 14007112 rn the matterof UOI Vs Bhanwar I.al Mundan circulated under Board's letter No. E(P&A)ll-20l1lPP-4 dated -fhe 10.09.2013. Federationrepresentatives have however,replied in the meetingthat the Apex Court's.ludgementwill be studiedandresponsewill be conveyed. IIr this connection,the contentsof the Judgementof the Hon'ble Apex Court,referred to above.have beengone into by the F'ederation and opinedthat the judgementis not at all rclevantto NFIR's PNM item as explainedbelow:(a)

'fhe

casereferredto in the said SLP belongsto a Gangmanon JodhpurDivision who was appointedon 1510111966 andwas regularisedin the year7972.

(b) FIe was promotedto the post of StoreKeeperin October 1977 beforeproceedingto Construction Organisation in December.1977. (c) l'he employee was promoted as P. Way Mistry by the Construction Organisation w.e.f. 1010411981 (Pay Scale380-560).On completionof the mandatorytrainingthe employeewas placedin GradeRs. 1400-2300by the ConstructionOrganisation. (d) Subsequently. it.'. .loOtlpurDivision i.e. the parent organisationof the employee (means'OpenLine') conducted a selectionfor filling up the postsof JE forwhich the employeehad attendedon 03/1211994. The Division had issuedpostingorder to the employeein the Division itself where he had joined and continuedthereafter.The l)ivision however had failed to fix the pay of the employeewith referenceto his junior in the cadreconsequent to his transferback from ConstructionOrganisationto the'Open [,ine' and thuscausedfinancialhardshipto him at the time of his retirement on superannuation. Contd.Page...2

Fax:011-23744013, Rly.22382, Telegram:RAILMAZDOR Rly.030-22283,22626, Phone:011-23343305,65027299, [email protected], Website: www.nfirindia.org E-mail: [email protected];

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ilzil 'fhe 2. issueraisedby the Federationin the PNM meetingvide item No. 412013relates to the emolumentsto be reckonedfor grant of retirement/deathbenefitsof staff in terms of rules. l'he Judgementquotedby the Railway Board is nothingto do with the issueraised and is entirely different matter.The Federation'scontentionis that those employeeswho remained in the Construction Organisationetc., in any case, are required to be granted retirement/death benefitsbasedon the last pay drawn by them. Federationtherefore,strongly believesthat the extantrules mentionedbelow are applicablefor reckoningthe emoluments drawnat tlretime of retirementand coveringthe pastcasesprior to 1910812010:.

C l a u s e( l ) o f R u l e 1 3 0 3o f I R E CV o l . I I

.

Rule 35,43,49, 50 & 69 of RailwayPensionRules

NFIR. therefore.requeststhe Railway Board to review the casein the light of the factsand rules cited above.and accordapprovalfor paymentof retirement/death benef-rts to tlre emploSrees retired/diedprior to 1910812010 on the basisof emolumentsdrawn by them at the time of retirement.Federationwill also be ready to discussthe issue with the Railway Board if the Board still have reservations.The Federationhowever,re-iteratesthat the Apex Court'sJudgementis irrelevantto the PNM subiect. yours faithfyl{,,

r

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(Dr. M. Ragliavaiah)aj General Secretary . Copy to the Executive Director/F(E),Railway Board, New Delhi for information and necessary action. to GeneralSecretaries of affiliatedUnionsof NFIR. LJopy MediaCentre,NFIR. File No" 412013 GNM).