Monday, 28 October 2019

Applicability of Rule 31 of Railway Service Rules 1993 for counting service period paid from contingencies for calculation of pension, gratuity on retirement


Applicability of Rule 31 of Railway Service (Pension) Rules 1993 for counting service period paid from contingencies for calculation of pension, gratuity on retirement

Railway Rule 31


No. 11/35/2018
Dated: 23/10/2019
The Secretary (E)
Railway Board,
New Delhi

Dear Sir,
Sub: Applicability of Rule 31 of Railway Service (Pension) Rules 1993 for counting of service period paid from contingencies for calculation of pension, gratuity on retirement - reg.

Ref: (i) NFIR’s PNM Item No: 27/2011.
(ii) Railway Board’s letter No. 2016/ E(LR)I/NM1-12 dated 14/12/2016.
(iii) NFIR’s letter No. II/35 Part XIII dated 19/12/2016.
(iv) Railway Board’s letter No. E(NG)II/2014/ CL/RWF/6 PNM - NFIR dated 17/05/2017 .
(v) NFIR’s letter No. 11/35/2018 dated 09/06/2018 &.06/11/2018.
(vi) Railway Board’s letter No. E(NG)II/2014 /RWF/CL/6 PNM-NFIR dated 21/12/ 2018.
(vii) PCPO / RWF’s letter No. RWF/ G0-26/566 dated 08th March, 2019 to Secretary (E), Railway Board.
(viii) Railway Board’s letter No E(NG)II/ 2017/ER/CL/4 dated 15/05/2019 addressed to GM(P) RWF.

Kind attention is invited to the Federation’s demand to consider applicability of Rule No. 31 of Railway Service (Pension) Rules 1993 for counting of service period paid from contingencies for calculation of retirement gratuity in favour of former casual labour who were paid wages for contingency and absorbed subsequently in Rail Wheel Factory, Yelahanka vide NFIR’s Agenda Item No. 27/2011. Federation takes note that though the Railway board vide letter dated 15/05/2019 issued half-baked clarification to RWF Authorities with reference to PCPO, RWF’s letter dated 08th March,2019 without mentioning NFIR PNM Agenda Item pending since the last about eight years since the year 2011.

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In this connection, NFIR re-iterates that the Apex Court in its Judgement / Order in Civil Appeal No. 3938 of 2017 [ arising out SLP (C) No. 23723 of 2015 dated 24th March, 2017] gave following directions (in para 55) for compliance:-
  1. the casual worker after obtaining temporary status is entitled to reckon 50% of his services till he is regularized on a iegular/temporary post for the purposes of calculation of Pension.
  2. the casual worker before obtaining the temporary status is also entitled to reckon 50% of casual service for purposes of pension.
  3. Those casual workers who are appointed to any post either substantively or in officiating or in temporary capacity are entiled to reckon the entire period from date of taking charge to such post as per Rule 20 of Rules, 1993.
Federation feels disappointed that the clarification dated 15/05/2019 is inadequate due to the fact that instructions covering above points have not been incorporated for taking action by all Zones/ PUs to settle similarly placed cases including those of RWF, Yelahanka.

NFIR, therefore, requests the Railway Board to consider and issue modified instructions to the General Managers of Zones / PUs & RWF citing NFIR’s PNM meeting discussions.

A copy of the instructions may be endorsed to the Federation.
Yours faithfully,
(Dr.M. Raghavaiah)
General Secretary
Source: NFIR

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