Counting of service paid from contingencies with regular service for retirement benefits of railway employees who have put in such service – Reg

Counting of service paid from contingencies with regular service for retirement benefits of railway employees who have put in such service – Reg

N F I R

National Federation Indian Railwaymen

3, CHELMSFORD ROAD,NEW DELHI – 110 055

Affiliated to :

Indian National Trade Union Congress ( INTUC)

International Transport Workers’ Federation( lTF)

 

No.II/35/Par11

Dated: 07/01/2015

The Secretary (DoP&T),

Department Personnel & Training,

North Block

New Delhi.

Dear Sir,

 Sub: Counting of service paid from contingencies with regular service for retirement benefits of railway employees who have put in such service – Reg.

 Ref: Ministry of Railway’s OM No. E(NG)ll/2014/CL/14 dated 25/11/2014 to the Secretary, DoP&To North Block, New Delhi.

 The National Federation of Indian Railwaymen( NFIR) is a recognized Federation and also a constituent of Joint Consultative Machinery (JCM) at National level.

 2. The Federation were apprised by the Railway Board during discussions in the Permanent Negotiating Machinery (PNM) meeting held on 19^th /20^th December 2014, on the issue of “counting of service paid from contingencies  with regular service for retirement benefits  of railway employees who have put in such service” ( under item no. 3/2013) that the Railway Board vide OM dated 25/11/20l4, cited under reference, have referred the matter to the DoP&T seeking modification to Ministry of Finance (Department of Expenditure)’s OM No. F-12(1)-EV/68 dated 14/05/1968 to the extant that the service of Casual labour (Who are paid for services against contingencies consequent to acquiring temporary status till regularization), should be counted in full for pensionary benefits as against 50% provided at present, in this connection, NFIR places following facts which have merits and requires consideration at the level of government of India.

•  There is large gap between the date of engagement of as casual labour & the date of acquiring temporary status and in a number of cases has exceeded abnormally the specified period of 120/365 days.
•  In case of substitutes, attained temporary status, total temporary status service is counted for retirement benefits etc.
•  Federation contends that consequent to attainment of temporary status, casual labour and the substitutes are 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 Railways temporary status casual labour have continuously worked without any break and though vacancies existed they have been absorbed belatedly.

 NFIR further desires to state that the matter has since been adjudicated at the level of supreme Court and the Apex Court did not agree for the continued discrimination with regard to counting of service and the SLPs filed by the Government of India/Railway Ministry were dismissed in the past requiring amendment in the relevant rules.

 NFIR, therefore, urges upon the Dop&T to kindly consider the issue in proper perspective and accord approval for counting 100% Ty. Status services for retirement benefits etc., as proposed by Railway Ministry. Federation may kindly by apprised of the progress on the subject.

 Yours faithfully,

 Sd/-

(Dr.M.Raghavaiah)

General Secretary)

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