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NFIR

Registralion No.: RTU/Nnnl3112012

National Federation of IndianRailwaymen 3 , C H E L MSFORD ROAD,NEWDELHI- 11O055 ' Affiliatedto : IndianNationalTracie UnionCongress(INTUC) InternationalTransportWorkers'Federation(lTF) n No. IV35lPartXIV

Dated:26/0212018

The Chairman, Railway Board New Delhi Dear Sir, Sub:

Revision of Pensionof Pre-2016Retired Running Staff-Impr6perinstructionsof Railway Bo4rd - reg.

Ref:

(i) (ii)

(iii)

GSA{FIR's letterto RailwayBoard vide No. IIl3SlParlXIV dated t5/Oll20t8. Railway Board's letterNo. D-43/34/2017-F(E)IIIdated24/0112018.

NFIR'sletter No.tur:f#i*t_y dated r2t\Ztzor\.

NFIRexpresses its disappointment overissuance of incorrectinstructions/illustrations by Railway Boardvide its letter dated24/0112018, for revisingthe pensionof pre-2016retiredrunningrtuff. rnl Railway Board's instructionsvide dated 24l}ll20l8 are quite contraryto the extant provisions/ instructions andin this connection theFederation highlightsfacisasbelowfor consideration:tr. Whenthe DoP&PWOM No.38/3/7/2016-P & PW (A) dated12/0512017 and codalprovision 1303 stipulatesclearly 'oto notionally fix the pay of a retired employee",it meansthat the retired employeemust be deemedto have continuedin serviceupto the implementationdate of the CpC recommendation, while only servingemployeecandrawpay.In otherwords,the retiredemployeemust be deemedto haveretiredonly on 0110112016, which is the dateof effectof the Government's orderfor pension revision. Para924(III)of IREM-I states"for thepurposeof retirementbenefits,55%of Basicpay shallbe ry' takeninto accountin the of RunningStaff retired/retiringon or after 0l/0411g7g".As pei pension _case rules,theretirementbenefitsare"pension,servicegratuityandretirementgratuity".A combinedieading of rulesrevealsthatpayelementi.e.55Yoof BasicPayshouldbeaddedfor-granting retirement benefits of *pensionandgratuity". Instead,videBoard'sletterNo. RBE l312015of Z4/cltZ0-i8, the payelementof 55% ic Pa , This is not only against IREM provisionvide para924,but alsoillegal.The DoP&PWOM No. 3813712016-p & pW(A) dated

1210512017 envisagesfor notional fixation of pay and "not to notionally fix the retirement benefit,,. Thereforethe notional pay should be arrived at first and 55%o ofnotional puy U" addedfor arriving at total pay for calculationofpension.

N. Vide Para6 of DoP&PW OM No. 38/3712016 P&PW (A) dated 126 May,20l7 which hasbeen referredin the RBE No. 13/2018and anotheroM No. 451s6/97-P&pw (A) (III) dated 10t02/1gg8 (which has also been cited), which states (para 2) that 'oGovernmenthas inter-alia accepted the recommendationof fifth pay commissionto the effect that "the pension of all the pre-1986 retiiees may be updatedby notionalfixation of their pay as on 01/01/1986by adoptingthe sameformula as for seryin! employees and thereafter for the purpose of consolidation of iheii pension/family pension as' oi 0l/0111986,they may be treatedalike thosewho have retired on or after OllOy:-qtge..

Contd.Pase...2

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

EARLYDETECTION OF HIV/ AIDS. PROLONGS OUALITYOF LIFE

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. llzil V. The DoP&PW OM dated10/0211998 had given threeimportantinstructions- (1) The employees who retiredbefore 0l/0I/W6 must be deemedto have retired on 0l/01/1986. Add pay elementto the Basic Pay only on the datiletirement and not on any previousday. Thus the pay elemeni of 55yomustbe addedto the Basic Pay only as on 0l/01/1986 for all Running Staff who retiredprior to that date.But in the annexureto the letter RBE No. l3l201 8, the pay elementof pay of retired running staff retired before 0l/01/1986 had beenaddedto the pay on the dateof their actualretirement.This is a clear contradiction of earlier orders. (2)The second important instruction was to do the notional fixation of pay before the consolidationof pension.Adding 55 per cent of pay is a retirementbenefit and before doing it, the notional pay fixation must be done. (3)The third important instruction in that OM - It directed for notional fixation of pay of retired employeesby adopting the same formula-for serving Running Staff. Accordingly retired running staff are eligible for notional fixation of pay as per the methodologyadopted for pay fixation of serving Running Staff from time to time. A deiailed instruction on how to do the notional pay fixation of pre 1986pensionerswas given in the Annexure III of the order dated1010211998. \fl. Vide DoP&PW OM dated llm September20lT,theNPA of retired medical officers has been retained"duly adding at 20Yoto the notional pay as on 0l/01/2016 and in the same manner. retired Defence Forces Personnelhave also been granted the benefit of adding special MSp with effect from 0t10l12016forthose retired prior to 0110112016. This decisionneedsto be adoptedin the caseof pre2016 retired running staff as it would be incorrect on the part of Railway Board to adopt diffeient standardsvide its instructions dated24l0ll2018 to the dis-advantageof retired Running Staff. VII. The Federationalso apprehends that the pensionbenefitof pre-2016retiredrunning staffis being deniedin the absenceof realisticnotional pay re-fixationformula for thoseretireesduring previouspay commissionperiods. NFIR also brings to the kind notice of Railway Board (CRB) that the directivescontainedin DoP&PW OM letter No.4586/97 dated 10ft Feb, 1998 are self explanatorywith regard to updating notional pay from one dateto another,thereforethe Board's circular dated2410112018 is totally deiective. NFIR therefore urges upon the Railway Board (CRB) to kindly intervene for withdrawal of Board,s instructions dated24ft Jan, 2018 in ordei to seethat noiional pay fixation from time to time is drawn for adding55%oanddecidingthe revisedpensionwith effectfrom January1,2016. Yours faithf

(Dr. M. Raghavaiah). General Secretary Copy to the Member Staff Railway Board, New Delhi. Copy to the FinancialCommissioner,RailwayBoard,New Delhi. Copy to the DirectorGeneral(Personnel),RailwayBoard,New Delhi. Copy to the Addl: Member(Staff),Railway Board,New Delhi. Copy to the ExecutiveDirector, PC-I, Railway Board, DFCC Building, PragatiMaidan, Metro Bhavan, New Delhi for information and necessaryaction please. Copy to the Executive Director, F(E), Railway Board, New Delhi for information and necessaryaction please. to the GeneralSecretariesof Zonal Unions ofNFIR. lfopy Media CentreA.,lFIR. File No. IV/RSAC/Conf./ParrIX.