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NFIR

Natidnal Federation of IndianRailwaymen 3, CHELMSFORD ROAD,NEWDELHI- 11O055 Affiliatedto : IndianNationalTradeUnionCongress(INTUC) InternationalTransportWorkers'Federation(lTF)

No. II/35/Par1 t .1

Dated:0610712015

The Secretary(E), RailwayBoard. Nc_u!)clhi I)earSir. Sub: tJnjustifiedapplicabilityof Railway Services(RevisedPay) Rules,2008to personsre-employedin Railway serviceafter retirementfrom Defenceforcesreg. Rcf:

(i) (ii) (iii)

N F I R ' sP N M I t e mN o . l / 2 0 1 3 . NFIR's letter No. II/35/Part.11dated 0311212014. 24t02t2015 & 2510512015. Railway Board's ID Note No. E(G)2013/EM1-5dated 1710312015 addressed to DoP&T.

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subjectmatterunderNFIR's pendingPNM Item No. 1/2013could not be fully discussed in the last PNM meetingheld with the RailwayBoard on 10th& 1l'l'April 2015 due to paucityof time. The Railway Boardduring the meetinghas howevermadeavailablea copy of'Railwa1,Ministry's ID note No. E(G)2013/EM1-5 dated 1710312015 addressed to DoP&'l'.seekingclarilrcation on the demandraisedby the Federation. ln tl-risconnection,NFIR desiresto mention that on a similar referencefrom the N,'finistry of l)efence, the DoP&T have since clarified vide ID note No. 107460412015tistt.(Pay-ll)dated 1810512015 that the pay of Former DefencePersonnelre-employedin Crvil postsin the GovernmentDeparlmentshas to be fixed basedon the instructionsissued u n d c rI ) o P & l ' O . M . d a t e d3 l ' t . f L r l y1' 9 8 6 . 0 5 t r ' A p r i2l 0 1 0& 0 8 t hN o v e m b e 2 r 0 1 0w h i c h rcsulatcpay'tixationnor-l re-ernployment of Defencepensioners. A copy of the said lD note dated 18''' May 2015 is enclosedfor Board's reference.This position and the need for intplenrentation of DoP&l''s OMs have also been explainedto the Railway Board by the Ifcdcratiorr vidc letterdated03/1212014. 3. I'lie Fcderationdesiresto re-iteratel'urtherthat the pay fixation of fbrmer Def'er-rce pct'sounelre-cntployedin Railwaysis requiredto be done in the following mannel'as laid down by the I)oP&T in their OMs quotedaboveto impartjusticeto the staff:Contd.Page...2

Phone: 011-23343305,65027299, Rly.030-22283, 22626,Fax: 011-23744019, Rty.22382" Telegrarn : RATLMAZDOR E-mail: [email protected]; [email protected], Website: www.nfirindia.org

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(a) At the same stageas the last notional/basicpay drawn before retirementas provided in para4(bxii) of DoP&T OM datedI l'n November2008 & para4(d) II of OM dated 05t04t20t0. (b) MSP will not be deductedfrom the pay fixed on re-employmentvide DoP&T O.M. as i.e. both Commissioned dated08"' November2010 for DefenceOfficers/Personnel, well as personnelbelow CommissionedOfficersrank i.e. MSP will haveto reckoned for fixation of pay. NFIR, therefore,requeststhe Railway Board to issueinstructionsduly giving clear cut guidelinesfbr the pay fixation of re-employedDefencepensionerson the Railways with retrospective effect without waiting for DoP&T's reply. A copy of the instructionsissued may be endorsedto the NFIR.

DA/As above

Yours-faitnt A

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(Dr. M. Ragdavaiah):_l GeneralSecretary | Copy to the Executive Director, E(G), Railway Board, New Delhi for information and necessary action. to General Secretaries of affiliatedUnionsof NFIR. -S9opy MediaCentre,4rlFlR, (PNM). F-ileNo. 112013

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Referencenotings on pre-page. Under considerationon this file i, un.ndu item No. 1/20l3of PNMAJFIR reg. alleged unjustified applicability of Railway Services (Revised Pay) Rules, 2408 to persons re-employed in Railway service after retirement from Defence Force. The matter was examinedin consultationwith the FinanceDte. and as the instruction dated 30/412AA9,the implementationof which is statedto have caused the grievanceamongthe ex-servicemen re-employedin the Railways.is basedon the instructionscontainedin OM No. 311312008-Estt.(Pay II) dated 1111112008 of DOP&T, it w'as decided to forward a copy of NFIR's reference to DOP&T and l seektheir commentsthereon. DOB&T vide their uo note on pre-page7 n/ante have advisedthat the case may be exaiminedin detail in consultation with the associateFinance and then referred to them u'ith the fulIfacts of the case. To cnable the case being examined further, NFIR wele requestedto furnish fuither details of the case giving a few illustrative exampies of actual casesbringing out clearly their contentionreg. financial hardship suffered by the ex-servicemenconsequentto implementationof instructions containedin Railway Board's lengr No. PC-VI/2009I1/RSRP/2dated30/4/2009ibid. NFIR vide their letter at S.No. 21 have drawn attention to Paraaft)(ii) of DOP&T's O.M. dated 514120t0(i.vhich was. circulated to the Railways vide Railway Board's lefter No. E(G)2010/EM Ll2pt. dated 1211212011) which providesas under:"In caseswhere the entire pensionand pensionarybenefits are not ignored pay for fixation, the initial basic pay on re-employmentshall be fixed at the same stageas the last basic pay drawn before retirement. However, he shall be granted the grade pay of the re-employedpost". _ NFIR have requestedBoard to issue suitable clarificatory instructions to the Zonal Raiiways to fix the pay of the fonner defencepersonnelre-employedin the Railways taking into accountthe pay drau'n by them at the time of retirement in the respective wings of the defence service duly endorsing a copy of such clarificatory instructions to the Federation. In support of their demand, NFIR have sent copies of the offrce orders on fixation of pay of 3 similar'ly placed exservicemenwho were employedby Ministry of Labour in EPF organisaiionwhere the pay on re-employment has been fixed taking into considerationthe pay drawn by tliem in tire Air Force.

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From pre-page ln this connection, it is stated that fixation of pay of ex-servicenent reempioyed on the Railways is done basedon the instructions containedin Raiiway Board's letter No. PC-W2009/1IRSRP/2 dated3014/20A9read u'ith instructions contained in letter No. E(G)861EM 1/8 dated 21/I/87 and the clarificatory instructions issued vide letter No. E(G)201318M 1-4 dated 241712013and E(G)2010/EM I/2 pt. dated 1211212011 which was circulatedto the Para 4(d) of DOP&T's O.M. dated 3117186 Railways vide Railway Board's ietterNo. E(G)86/EX41/8 dated2ll1l87 provides as under:"ln tfre case of persons retiring before attaining the age of 55 years and who are re-bmployed pensioner (including pension equivalent of gratuity and other form of retirement benefits) shall be ignored for initial pay fixation to the following extent:(i) in the caseof ex-servicemenwho held postsbelow comrnissionedofficer ranks in the Defence Forces and in the case of civilians who held posts below Group 'A' posts at the time of their retirement,the entire pensionand pension equivalentof,retirementbenefitsshali be ignored. ibid is Parc 4(a) and (bXi) and (b)(ii) of DOP&T's O.M. dated 3117186 reproducedbelow:(a) Reemployed pensioners shall be allowed to draw pay only in the prescribed scales of pay for the posts in which they are reemployed. No protection of the scalesof pay of the posts held by them prior to retirementshail

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all caseswherethe pensionif tully ignored,the initialpay on

.reemployment shall be fixed at the minimum of the scale of pay of the reemployedpost. (bxii) In caseswhere the entire pension and pension benefits are not ignored for pay fixation, initial pay on reemployment shall be fixed at the samestageas the last pay drawn before retirement. If there is no such stage in the re-employed post, the pay shall be fixed at the stage below thatpay. If the maximun of the pay scale in which a pensioner is reemployed is less than the iast pay drawn b-v him before retirement, his initial pay shall be fixed at the maximum of the scaleof pay of the reemployee post. Similarly, if the minimum of the scale of pay in which a pensioner is reemployed, is more than the last pay drawn by him before retirement his initial pay shall be fixed at the minimum of tire scaleof pay of the reemployed posts. However, in all these cases,in non-ignorablepart of the pension and pension equivalent of retirement benefits shall be reducedfrom the pay so fixed."

t FroF pre-pase The revised provision of para a{b)(i) issued vide DOP&T's OM dated 5/412011 (circulated to the Railways vide Railway Board's ietter dated 12112/2A11 is reproducedbelow:"Para aft)(i): in ali caseswherethe pensionis fullf ignored,the initial pay on re-emploltnent sha1lbe fixed as per entry pay in the revised pay structure of the re-employed post applicable in the caseof direct recruits appointedon or after 1/112006as notified vide SectionII, Part A of First Scheduleto CCS(RP)Rules, 2008. From the details of the caseand the rules position as brought out above,it is inferred that in the-caseof ex-servicemenwho are reemployedon the Railways. whose case has been representedby the Federation, their entire pension and pension equ,ivalentof gratuity are to be ignored for initial pay fixation on reemploymenf as per 'X' on pre-page,and in such cases(where the pension is fuli,v ignored) the initial pay on reempioymentis fixed at the minimum of the scaleof the pay of the reemployedpost asper 'Y' on pre-page. The Federation's demandfor having the casedealt with as per provisions contained in Para 4(bxit of DOP&T's O.M. dated 51412010,(circulated to Railways vide Board's letter dated 1211212011) does not appearto be tenable as this would b,eapplicable in the caseof personswho held posts of Commissioned officer and above, prior to their reemploymenton the Raiiways. The position was accordinglyadvisedto the Federation. Not being satisfied with the decision,NFIR vide their letter placed beiow have requestedfor re-examinationof the issuea&esh in the light of the following points:"(a) The DOP&T OM No. 3i1i85-Esft.(Pay-Il) dated31" July 1986read with' OM No. 3l1,3lz}?9-Estt(Pay-II) dated 11'r'November 2008 and OM No. - Estt. (Pay-II) dated5{'April 2010,providesfor fixation of pay of re311912010 employed defencepersonnelinducted into railway servicebefore attairungtheage of superannuation. (b) (Pay-II) dated 11'h Para 2 (1) of DOP&T's OM No. 3113/2008-Estt Novemh-er2008 providesas under:According to the provisionsof rule of the CCS (RP) rules2008,if he is: (i) A goveiliment servantwho retiled without receiving a pension,gratuity or any other retirement benefits and, (ii) A retired Govemment servant who received pension or any other retirement benefits but which were ignored while fixing pay on reemployment.

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The above.provision implies that the pay fixation of defencepensioners, whose pension and retirement benefits to d" igr"tro, on re-employmentin the railways, are governed under Rule 7 1e of ccs(Rp) Rules 200g as ciarified further hereunder." The Federation have further drawn Railway Board's aftention to the clarification issued by the Dop&T -- vide paras gilvj & $) of their oM dared 5/4/2010as reprodu""d .b.lo*,_ "3(IV) Fixation of pay of personnel/officers re-employedprior to 111/2006and wherein employment as on 1/1/2006: In the .ur. oip"rsonnel/officers who were re-employed before'l/1/2006 and who u,ere workirrf in the central Government orgatizations on-re-employment basis as on 1/1/2006, their pay will be fixed in accordancewith the provision of DoP&T's oM No.3/13/200g/Esn.(pay-Il)dated

11/n/2aar'1Thi. olrr.ttpri"i;;; re-emproyed persons whobecome erigibre to e1^e1t^r9v.1sed paystructure shallexercise opion in itre*un r"r laiddownin Rule6

of ccs(RP) Rules,20a8. In this context,it is clarifiedthat in accordance with the provision of,Rule 7 of ccS(Rp) Rules,'200g, Dep-artment of Expenditure issued fitment table correspondingio each pre-revised pay scare vide oM No. 01/1/2008-ICdated30ls/2008. h caseof those-personnel/officers as well, 3: who were re-employedbefore 1/1/2a06 and who were working in the civilian organizationson_re-emproyment basison r/1/2006,ttli, puy wilr be fixed with referenceto the fitmeni tabie of the pre-revised civilian pay scalein which they were re-employedand corresponding to the stagein the pre-revisedpay scaleas on 1/1/2006.,, "(V) Fixation of pay of personnel/officers who retiredprior to l/1/2006andhave been re-employed aftet 1/1/2006: In the case of pJrsonnetzofficers who had retiredprior to 1n/2a06 andwho havebeenre-.-pioy"J afterr/r/2006,1heirpay on re-empioymentwill be fixed by nationally urriul"g their revisedbasic payat , the time of retirementas if theyhad retiredunder-the ievisedpay structure.This wiil be done with referrrr"" to' the fitment table of the Defence Service Ranir/civilian servicepost (asthe caseniay be) from which they hadretiredand the stageof basic pay at the time of their tart uuri. fuy urro." retirementso arrivedat. However,they shailbe grantedthe gradepay of there-employed post. The maximum basicpay cannoteiceed trre g;ade *the re-emproyed post i^i in thepay bandof Rs. 6700/-i.e.the*u*l*u* of PJ.us-pay thepay bandpB_4.In all thesecases,the non-ignorablepart of the pension shall be reducedfrom the pay no fixbd." The Federationhave forwardeda few iliustrations of caseswherepay fixation w'r't' pay drawn at the time of retirement in favour of defencepersonnel has been reckonedfor fixation of pay u, tir. ,ir* ol .r_.*pfoyrnent in other g"tlt"t 9o*' Departmentslike Ministry of Labour,Ministry of Finance(Income Tax) etc.in supportof their demand.

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F.o- pr*-pug" Since the Federation is not agreeingto the stand taiien by this Ministry in the matter and have requestedfor a review of the same. DOP&T are requestedto clarifr the following:-

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(i) whether the provisions of Para 3 IV and 3 V of DOP&T's O.M. Dated sl4DArc arc applicablein the casesof re-employed ex-servicemenwho hold posts below commissionedofficer rank in the Defence Force prior to their re-employment on the Railways, whose entire pension and persons equivalent of retiremenJbenefits are ignored while fixing their pay. (ii) Whether the stand of the Federation(NFIR) as broqght out in the notings above is in order.

Thisfias b""n concured in by the FinanceDte. and has the approvalof the EDE(G) a Joint Secretarylevel offiser of this Ministry. The casewas earlier seenby DOP&T at noting page7 n/ante. :

DeputyDirectorEstt.(Gen)III 17-03- 20r 5

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Pension.Estt.(Pay)II" NorthBlock.Nern'Delhi Ir4/oRaiiways(Rly. Board)'sID No. E(G)20i3lEM1-5dated

-03-20r4