Grant Of Disability Element To Armed Forces Personnel

Grant of Disability Element to Armed Forces Personnel who were retained in service despite disability attributable to or aggravated by Military Service and subsequently proceeded on premature/voluntary retirement prior to 01.01.2006

No.16(05)/2008/D (Pension/Policy)

Government Of India

Department of Ex-servicemen Welfare

New Delhi-110011

Dated 19-May-2017

To,

The Chief of the Army Staff

The Chief Of the Naval staff

The Chief Of the Air Staff

Subject: Grant of Disability Element to Armed Forces Personnel who were retained in service despite disability attributable to or aggravated by Military Service and subsequently proceeded on premature/voluntary retirement prior to 01.01.2006.

Sir,

The undersigned is directed to refer to this Ministry’s letter No.16(5)/2008/D(Pen/Policy) dated 29th September 2009 wherein disability element/war injury element have been allowed to such Armed Forces Personnel who were retained in service despite disability and retired/discharged voluntary or otherwise in addition to retiring/service pension or retiring/service gratuity, subject to condition that their disability was accepted as attributable to or aggravated by military service and had foregone lump sum compensation in lieu of that disability.

2. In terms of Para-3 of the above referred letter the provisions stated above are applicable to the Armed Forces Personnel who were retired/discharged from service on or after 01.01.2006. Armed Forced Tribunal (principal Branch) New Delhi in OA on.336 of 2011 vide their order dated 07.02.2012 have struck down Para-3 of this Ministry’s above letter.

3. The issue of extension of above benefit to the Pre-2006 retired/discharged Armed Forces Personnel, who were retained in service despite disability attributable to or aggravated by military service, was under active consideration of Government. Now, the president is pleased to decide that all Pre-2006 Armed Forces Personnel who were retained in service despite disability and retired voluntarily or otherwise will be allowed disability element/war injury element in addition to retiring/service pension or retiring/service gratuity, subject to the condition that their disability was accepted as attributable to or aggravated by military service and had foregone lump sum compensation in lieu of that disability. Further, concerned Armed Forces Personnel should still be suffering from the same disability which should be assessed at 20% or more on the date of effect of this letter.

4. Implementation of these orders is expected to be arduous and challenging. Documents like Medical Board proceedings, retention of the personnel in service despite disability, option of individual foregoing lump sum compensation and non-payment of lump sum compensation would be required in all cases which may not be available at the end to Pay Accounting Authorities/Record Offices and Pension sanctioning authorities readily. In such cases, pensioners/family pensioners may be asked to produce the copies of relevant documents to the Executive authorities in support of their claims.

5. The Claim for grant of disability element/war injury element in affected cases will be submitted to the PSA concerned by PCDA(O) Pune/NPO/AFCAO/Record office along-with copy of Medical board/fresh medical board proceedings showing extent of disability applicable as on date of effect of this letter in respect of Commissioned Officers/JCOs/ORs. It will be responsibility of PCDA(O) Pune/NPO/AFCAO and Record office to confirm payment/non-payment of lump sum-compensation in lieu of disability element to commissioned officers and JCOs/ORs. A sanction showing extent of disability and its attributability/aggravation due to Military Service in terms of MOD letter No.4684/DIR(PEN)/2001 dated 14.08.2001 would be issued by the Service HQrs in case of Commissioned Officers and sanction would be issued by OI/C Record office in case of JCOs/ORs.

6. The corrigendum PPOs granting disability element/war injury element in all affected cases will be issued by respective Pension Sanctioning Authorities.

7. The provisions of this letter shall take effect from 01.01.2006.

8. Pension Regulation of all the three services will be amended in due course.

9. This Issues with the concurrence of Finance Division of this Ministry their letter I.D.No 10(3)2012/FIN/PEN dated 19th May 2017

10. Hindi version will follow.

Yours faithfully,

(Manoj Sinha)

Under Secretary to the Government of India.

Order Copy

7th CPC On Benchmark For The Purpose Of MACPS

Recommendations of 7th CPC on benchmark for the purpose of MACPS-clarification

Government of India

Ministry of Railways

(Railway Board)

No.PC-V/2016/MACPS/1

New Delhi,

Dated :19.05.2017

The General Secretary,
NFIR,
3, Chelmsford Road,
New Delhi – 55

The General Secretary,
AIRF,
4,State Entry Road,
New Delhi – 55

Sirs,

Sub:-Recommendations of 7th CPC on benchmark for the purpose of MACPS-clarification reg.

The undersigned is directed to refer to NFIR’s letter No.IV/MACPS/09/Part 10, dt. 23.01.2017 and AIRF’s letter No.AIRF/MACPS (848), dt. 17.03.2017 on the above subject.

The matter has been consulted with DoPT, the nodal department of Govt. on the subject and DoPT have stated that 7th CPC in para 5.1.45 of its report recommended that the benchmark, in the interest of improving performance level, be enhanced from ‘Good’ to ‘Very Good’. In addition, introduction of more stringent criteria such as clearing of departmental examinations or mandatory training before grant of MACP can also be considered by the Government. This recommendation of the Pay Commission has been accepted by the Cabinet. Hence, withdrawal of DoPT’s OM dt. 28.09.2016 is not feasible.

As DoPT is nodal department of Govt. for the purpose of MACPS, this Ministry is not in position to deviate from the instructions issued by them.

Yours faithfully,

S/d

for Secretary, Railway Board

Order Copy

NFIR - Career Progression Of Track Maintainers In Railways

Career Progression of Track Maintainers in Railways — full implementation of the report of Joint Committee – NFIR

No. IV/Committee/Track Maintainer/Part III

Dated: 18/05/2017

The Member Staff,

Railway Board,

New Delhi

Dear Sir,

Sub: Career Progression of Track Maintainers in Railways — full implementation of the report of Joint Committee-reg.

Ref: (i) NFIR’s PNM Item No. 1/2015. 

Railway Board’s letter No. 2010/CE-1(Spl)/GNS/15 (Pt.) dated 17/08/2012, E(NG)I-2012/PM5/1 dated 13/08/2013, No. 2012/CE-1/GNS/20 dated 01/04/2014 & No. E(NG) I-2012/PM/1 dated 14/10/2014.

NFIR’s letter No. IV/Committee/Track Maintainer/Pt. III dated 12/04/2016, 10/08/2016, 01/11/2016 & 28/11/2016.

During NFIR’s PNM meeting held with the Railway Board on 22/23-12-2016, while discussing the subject matter, Official Side conveyed that the matter has been examined in the Pay Commission Directorate and full facts of the case have been put up for decision on modalities of implementation to Civil Engineering Directorate.

In this connection, Federation reminds the Railway Board that the subject relating to revision of percentages in the Track Maintainer category to 10 : 20 : 20 : 50 in VI CPC GP 2800, 2400, 1900 & 1800 respectively was discussed between the Federations and the Board (MS & FC) on 27/09/2013 when Shri Subodh Jain, Member Staff/Member Engineering was present. During the meeting, it was agreed to revise the percentage distribution of the Track Maintainers in the ratio of 6 : 12 : 22 : 60 in lieu of existing 3 : 6 : 20 : 71 and further upward revision would again be decided later on. In the further meeting held between the Federations and the full Board on 07/02/2014 an agreement was reached (vide Item No. 4) and in this connection extract of minutes of meeting is reproduced below:-

“It was agreed that the percentage distribution of posts in the ratio of 6 : 12 : 20 : 60 as per minutes of the separate meeting held on 27/09/2013 would be implemented for which matching surrender would not necessarily be from the Trackmen cadre only. Further, improvement in cadre structure could be considered after reasonable period of residency has elapsed. However, the matching surrender shall be needed”.

Federation is disappointed to notice that the Railway Board instead of fulfilling its commitment has conveyed (citing DC/JCM Item No. 15/2012) that the “Board had decided to keep the existing percentage distribution of posts of Track Maintainer as 6 : 12 : 22 : 60 in the Track Maintainer category Grade-I, II, III & IV respectively” without caring to give cognizance to its commitment dated 27/09/2013 and 07/02/2014. The Board’s status report amounts to breach of agreement.

NFIR, therefore, requests the Railway Board (MS) to kindly see that the commitment given to the Federations is fulfilled duly revising the percentage distribution of Track Maintainers to 10 : 20 : 20 : 50 in VI CPC GP 2800/-, 2400/-, 1900/- & 1800/- respectively with retrospective effect. Federation also demands meeting at the level of CRB.

Yours faithfully,

sd/-

(Dr. M. Raghavaiah)

General Secretar

Source: http://www.nfirindia.com/

NFIR’s Charter Of Demands

NFIR’s Charter of Demands — SPAD Definition to be reviewed to prevent harassment and victimization of Running and Safety categories’ Staff

No. II/34/Part 16

Dated: 18/05/2017

The Chairman,

Railway Board,

New Delhi

Dear Sir,

Sub: NFIR’s Charter of Demands — SPAD Definition to be reviewed to prevent harassment and victimization of Running and Safety categories’ Staff (Item No. 30 of Charter of Demands)-reg.

Ref:

(i) NFIR’s letter No. IV/NFIR/WCM/209 dated 01/06/2013.

(ii) Railway Board’s letter No. 2013/E(LR)-11/1/15 dated 02/09/2013 to GS/NFIR.

(iii) NFIR’s letter No. II/34/Part XIII dated 10/02/2016.

While enclosing copy of its letter No. II/34/Part XIII dated 10/02/2016, on the subject, the Federation conveys its disappointment over non-responsive attitude of Railway Board on Federation’s communication.

In this connection, Federation desires to bring to the kind notice of the Board (CRB) that the subject matter has also been dealt by the High Power Committee (R&S) constituted by the Railway Board to review the duty hours of Running and other safety related categories of staff and the HPC (R&S) gave recommendations vide Para 9.12 of its report as under:-

“Existing instructions of minimum punishment to staff for SPAD cases should be reviewed to ensure that the decision takes into account the gravity of the offence (repercussions of the SPAD) and also the Loco Pilot’s past record [Para 4.3.1.3 (1)]”.

Federation however is surprised to note that the Railway Board had taken arbitrary decisions vide minutes of the meeting of the full Board held on 06/10/2015 & 08/12/2015 which were circulated vide No. E(LL)/2015/HPC/2/Pt. MS dated 01/02/2016 without caring to consult Further to above, Federation conveys following points in support of our contention that there is urgent need to define `SPAD’ so as to ensure that conclusions are arrived yet judiciously.

SPAD (Signal Passing At Danger) is an unusual occurrence and can happen on account of human failure or the failure of machine/equipment.

Even the human failures could be due to the failure of brake or signalling system or incorrect operation of signal.

To monitor the SPAD cases DATA LOGGERS have been provided. It is also an admitted fact that reduction in the distance of Relay after the stop signal from 13 mtrs to 03 mtrs has been contributing for increase in the number of SPAD cases.

Though there is a provision in General Rules (GRS) that if a train stops at main line, the speed should be reduced to 50 Kmph at outer most facing point to reduce SPAD, the Loco Pilots are however afraid of adhering to the speed limit to avoid loss of punctuality in trains.

To minimize/eliminate the incidents of SPAD, Federation therefore suggests following measures:-

The Home Signal of the station may be kept at an ‘adequate distance’ to reduce unusual The adequate distance may be taken as the distance sufficient to ensure safety.

A Rectangular Safety Board be placed at about 100/150 mtrs before the Home Signal. The Board could be white with orange inclined alternative reflecting strips with printing thereon with the caption “Loco Pilot to stop at this board and draw ahead up to Home Signal if Home Signal is at ON”.

Reports received by the Federation reveal that more than 80% of SPAD cases takes place when the Loco Pilot just passes the distance of 100 mtrs or below. These type of cases do not have financial or any other negative consequences whatsoever but the Loco Pilots are imposed with the penalty of removal from service which does not at all commensurate with the repercussion of such incidents. The authorities while imposing severe punishments do not care realize the truth as to how the Loco Pilot and family members would survive on account of loss of job. The quantum of punishment on alleged SPAD is also justifiably questionable, considering the fact that even a hard core criminal when sent to jail gets three times meal in the jail whereas the Loco Pilot and his family suffers without livelihood due to imposition of draconian penalty.

Keeping total position in view, Federation suggests that in place of “imposition of the penalty” of ‘removal from service’ on the Loco Pilots, it would be appropriate that the Loco Pilot concerned be taken off from the running duties and placed under “grounding from running duties pending enquiry”. Thereafter, on completion of enquiry, opportunity be given for submitting appeal to the Branch Officer to consider the case whether the Loco Pilot be taken back on running duty. NFIR also reminds that the issue of SPAD cases was discussed with the Board (CRB, MS, FC, AMS) on 21/07/2016 informally, but however without any fruitful decision.

NFIR, therefore, requests the Railway Board to consider the above points and take a view to define SPAD to save the Running Staff from unnecessary victimization. Federation proposes separate meeting to discuss the issue threadbare. Federation hopes to get a reference in this matter soon.

DA/As above

Yours faithfully,

sd/-

(Dr. M. Rag avaiah)

General Secretary

No. 11/34/Part XIII

Dated: 10/02/2016

The Secretary (E),

Railway Board,

New Delhi

Dear Sir,

Sub: NFIR’s Charter of Demands —SPAD definition to be reviewed to prevent harassment and victimization of Running Staff and Staff belonging to Safety categories (Item No. 30 of demands)-reg.

Ref:-

(i) NFIR’s letter No. IV/NFIR/WC/209 dated 01/06/2013.

(ii) Railway Board’s letter No.2013/E(LR)-11/1/15 dated 02/09/2013 addressed to the GS/NFIR.

Federation invites attention of the Railway Board to the minutes of the meeting held by Railway Board (CRB, MS & FC) with NFIR on 23/08/2013 wherein NFIR’s 34 Point Charter of Demands was discussed. The Railway Board while conveying comments on the 34 Point Charter of Demands vide letter cited under reference had advised following position in respect of demand No. 30 on the subject:-

“Definition of SPAD is not laid down as such. Any passing of ‘stop’ signal (except permissible signals and those permitted under certain rules such as Automatic signals) at danger by a loco without authority is treated as SPAD irrespective of distance travelled by Loco after passing a signal at danger. Safety Directorate is of the view that the same should continue.

However, Railways were asked to give their suggestions with regard to review of punishment norms issue by Railway Board including those for SPAD.

Replies received from Railways are being compiled and changes proposed, if any, will be put up for perusal and approval of Board”.

Thereafter, a period of more than two years has passed, the position relating to changes proposed and the decision of Railway Board thereon is yet to be communicated to the Federation.

NFIR, therefore, requests the Railway Board to apprise the Federation the proposed changes and the decision taken by the Board at an early date. The Federation also requests to make available the suggestions received from railway early.

Yours faithful

sd/-

(Dr. M. Raghavaiah)

General Secretary

Source: NFIR

Observance Of Demands Week

Observance of Demands Week — 24th to 27th May 2017 on pending demands of Central Governments Employees

No. II/95/Part X

Dated: 18/05/2017

‘The General Secretaries of Affiliated Unions of NFIR

Brother,

Sub: Observance of Demands Week — 24th to 27th May 2017 on pending demands of Central Governments Employees-reg.

The Central Government Employees’ Confederation (CGEC) has given a call to all Central Government Employees as well INTUC affiliated Unions to observe Demands Week from 24th to 27th May 2017 by launching demonstrations and rallies against anti-worker policies of the Central Government and Government’s failure to implement its assurances on revision of minimum wage and multiplying factor.

The affiliates of NFIR must have downloaded the message of Mr. N.S. Pillai, General Secretary, CGEC relating to programme of action.

The affiliates are therefore advised to organize Lunch Hour demonstrations and protest meetings during the week and send Memorandum on issues to the Prime Minister, Finance Minister etc. Press Conferences and Media briefings and Government’s betrayal on its commitments should be highlighted.

Copy of the report on protest actions during the observance of Demands Week may be sent to the Federation’s Office promptly.

Yours Fraternally,

sd/-

(Dr.M.Raghavaiah),

General Secretary

Source: NFIR

6th CPC Encashment of Leave on Average Pay (LAP) while availing Privilege Pass / PTO – relaxation of Rule

6th CPC Encashment of Leave on Average Pay (LAP) while availing Privilege Pass / PTO – relaxation of Rule

RBE No. 48 / 2017

GOVERNMENT OF INDIA (BHARAT SARKAR)

MINISTRY OF RAILWAYS (RAIL MANTRALAYA)

(RAILWAY BOARD)

No.F(E)III/2008/LE-1/1

New Delhi,

dated: 16.05.2017.

The GMs/FA&CAOs

All Zonal Rallways/PUs, etc

(As per mailing list) .

Subject: Recommendations of 6th Central Pay Commission – Encashment of Leave on Average Pay (LAP) while availing Privilege Pass / PTO – relaxation of Rule – reg,

Attention is Invited to Board’s letters of even number dated 29.10.2008 & 02.02.2011 on the above mentioned subject.

The provisions of encashment of leave while availing Pass/PTO were. relaxed vide Board’s letter dated 15.12.2014 on receipt of representations from Railway employees who failed to avail of the benefit during the previous, block period despite availing Pass/PTO and leave during that block period.

In terms of Rule 10 of the CCS(LTC) Rules, 1988, a Government servant who is unable to avail of the leave travel concession within a particular block of two years or four years may avail of the same within the first year of the next block of two years or four years. This means, a government servant, governed by CCS (LTC) Rules, 1988. can all encashment of leave twice – one while availing LTC for the current Block and another for the carry forwarded LTC of the preceding Block. Similar provision is not available in the Railway Services (Liberalized Leave) Rules, 1949 contained in IREC Vol. I / 1985 – Edition.

Despite giving one time relaxation mentioned in pars 2 above, representations are all being received for relaxation of the provisions of the encashment of leave for the previous Block periods. .

The Competent Authority after. examining the matter has decided that railway employees, who failed to avail of the benefit of encashment of leave in the preceding block period of two years, which. ended on 31.08.2016 and onwards, can avail of the same within the first year of the succeeding block period of two years by fulfilling all conditions stipulated in this regard.

Sd/-

(G. Priya Sudarsani)

Joint Director Finance(Estt.),

Railway Board.

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