Denial of payment of HRA, Transport Allowance etc. to trainees appointed on compassionate ground in Grade Pay 1900/- in artisan category

Government of India

MINISTRY OF RAILWAY

(Railway Board)

No FC-V/2015/PNM/NFIR/l 

New Delhi, dated : 17.12.2015

The General Secretary

NFIR

3, Chelmsford Road,

New Delhi-110055

Sir,

Sub:- Denial of payment of HRA, Transport Allowance etc. to trainees appointed on compassionate ground in Grade Pay 1900/- in artisan category etc.-reg,

Ref:- PNM/NFIR item No. II/2015

The undersigned is directed to refer to NFIR’s Ieuer No.Il/I-A’Part 20, dated 05.10.2015 on the above subject.. The matter has been examined in consultation with Estt. Dte. of Railway Board and it is stated that Board’s instructions dt. 14.09.2012 was issued in pursrsurance of DoP&T’s clarification issued on 03.04.2012, which in turn emanated from the earlier clarification given by DoP&T in December, 2009 while reviewing the Scheme of Compassionate appointment in the light of specific para 2.2.9 and 2.2.10 of the 6th Pay Commission recommendations as accepted by the Government of India. In para 2.2.9, a separate running Pay Band designated as -IS scale was recommended for posts belonging to Group ‘D’. However, the same was not to be counted for any purpose. In pam 2.2.10, Commission has also recommended that no direct recruitment in -IS scale would take place. The scale would, however, be operated for regulating emoluments during the training period of candidates who do not possess the minimum qualification of Matric. The Commission was of the firm view that candidates not possessing the minimum qualifications of Matric could not be recruited in the Government. At the same time, Commission also recommended that in exceptional circumstances like compassionate cases, Government might need to provide employment opportunities to certain classes of persons not immediately meeting the minimum educational standards and Government could recruit them as trainees who would be given a regular Pay, Band and Grade Pay only on acquiring minimum qualification prescribed under the Recruitment rules.

Thus, it is amply clear that.Board’s instructions dated 14.09.2012 applied only exclusively in cases, where candidate being considered for appointment on compassionate grounds are not meeting the minimum qualification of entry into the Government service that is, in Grade Pay Rs.1800/- and the word ‘trainees” have been coined only for this limited purpose. It has nothing to do with trainees in various posts of Grade Pay Rs.1900 & above, where it is mandatory for persons being considered to clear the entire training period before joining a working post. There is a difference between a trainee and an employee. While a trainee gets stipend, the employee gets salary along .with all other allowances. The recruitment rules provide what benefit be given to trainees.Therefore, Federation’s demand is not feasible for acceptance.

Yours faithfully,

Sd/-

For Secretary/Railway Board

Source:NFIR

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Non-payment of HRA, Transport Allowance etc.,

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

 No.   E(NG)II/2015/RC-1/Genl./2

                          New Delhi, dated 04.06.2015

The  General Secretary, NFIR,

3, Chelmsford Road,

New  Delhi  –  100055.

Sub: Non-payment   of   HRA,   Transport Allowance   etc.,   to   Trainees appointed  on  compassionate  grounds   in  Grade   Pay  1900/-  in artisan   category etc-reg.

The undersigned is directed  to  refer to your  letter No.II-1A/N’FIR/Pt.19 dated 16.10.2014  on  the  above  subject   and  to state  that  the  matter   has  already   been examined   by  the  Board  and suitably   advised  to  All  Indian   Railways  & Production unit.  A copy  has already   been  endorsed  to  GS/NFIR  vide  this office  letter  of  even number  dated 23.04.2015.    (copy  enclosed)

DA: As above.

Yours sincerely,

For Secretary/Railway Board.

Source: NFIR

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Appointment on compassionate grounds – Clarifications – regarding.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

No. E(NG)H/2015/RC-l/Genl./2

New Delhi, dt.23.04.2015

The General Manager(P),

All Indian Railways

Production Units.

Sub: Appointment on compassionate grounds – Clarifications – regarding.

Attention is invited to this Ministry’s letter of even number dated 14.092012 issued under RBE No. 102/2012. Some of the Zonal Railways have sought clarification as regards to the allowances and benefits allowed to a trainee under Board’s letter dated 14.09.2012(RBE No. 102/2012) should be given to a trainee appointed against a working‘post where it is mandatory for persons being appointed to clear the entire training period before joining a working post.

The matter has been examined in Board’s office and it is clarified that in terms of one of the recommendations of the 6th Central Pay Commission, as accepted by the Government of India, candidates not possessing the minimum qualifications of Matric could not be recruited in the Government service. At the same time, Commission also recommended that in exceptional circumstances like appointment on compassionate grounds, Government might need to provide employment opportunities to certain classes of persons not immediately meeting the minimum educational standards and Government could recruit them as “trainees” who would be given a regular pay band and Grade Pay only on acquiring the minimum qualification prescribed under the Recruitment rules.

Thus, it is amply clear that Board’s instructions dated 14.09.2012 applies exclusively in cases, where candidate being considered for appointment on compassionate grounds are not meeting the minimum qualification for entry into the Government service that is, in Grade Pay 1800/- and the word ‘trainees’ have been coined only for this limited purpose. It has nothing to do with trainees (who get stipend and not salary) in various posts of Grade Pay 1900 & above, where it is mandatory for persons to complete the training successfully, before joining a working post.

Please acknowledge receipt.

Sd/-

(Lily Pandeya)

Director Estt. (N)II

Railway Board

Source: NFIR

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Appointment on compassionate grounds of family member of an ex- Railway servant.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

RBE No. 70/2014.

No. E (NG)-II/2014/RC-1/SCR/5

 New Delhi, dated: 08/07/2014

The General Manager (P),

All Zonal Railways/Production Units

Sub:- Appointment on compassionate grounds of family member of an ex- Railway servant.

As the field units are aware, dependant family members for the purpose of appointment on compassionate grounds means spouse or son (including adopted son) or daughter (including adopted daughter) or brother/sister in the case of unmarried Government servant, who is wholly dependent on the Government servant at the time of death in harness or retirement on medical grounds, as the case may be.

Further, in terms of para 2 of letter No. E(NG)III-78/RC1/1 dated 3.2.81, General Managers can consider for employment of married daughters, if they satisfy themselves that the married daughter will be the bread-winner of the family of the Railway servant concerned. It has also been stipulated vide instructions issued under RBE No. 224/2001 dated 21.11.2001 that the cases of dependant divorced/widowed daughters should also be considered for such appointment as in the case of married daughters subject to the condition that former should have been wholly dependent on the ex-employee at the time of the death/medical invalidation of the latter.

Existence of a number of instructions as well as the issue of specific clause of ‘dependency on the ex-Railway employee’ have been engaging the attention of this office for sometime. Accordingly, the matter as been reviewed by the Board and it has been decided that it should be left to tle discretion of the family concerned in case of death of ex-employee to request for a job to either spouse or any child {whether son or daughter (unmarried/married/divorced/widowed)} subject to the condition that the concerned child will be the bread-winner of the family concerned. Further, for this purpose instructions issued by this Ministry vide letter issued under RBE No. 22/2014 dated 4.3.14 be read in the same spirit.

However, the dependent of an unmarried male/unmarried female Railway employee dying in harness/retiring on medical grounds, may be considered for compassionate appointment by the Railway at its own level, subject to the condition that the candidate proposed for appointment is shown as dependent on the ex-employee on the basis of documents such as inclusion/declaration of names in the pass or in Ration cards etc.. The condition of inclusion in the pass declaration or Ration cards etc. is only a facilitating factor, and not intended to be a restrictive one. In the absence of any such documentary proof, the factual position regarding the extent of the dependency may be got verified by deputing a Welfare Inspector to inquire into the circumstances. The relaxation of time limit permissible in the case of minor children of those employees who die in harness would also apply in the case of dependents of those who die as bachelor/spinster.

Accordingly, para 2 of Board’s instructions E(NG)III-78/RC1/1 dated 3.2.1981, letter No. E(NG)II/88/ RC-1 / Policy dated 4.9.96, No. E (NG)II/88 /RC-1/1 Policy dated 2.5.97, No. E(NG)II/99/RC-1/SE-19 dated 5.8.99, and E(NG)II/2001/RC-1/ER/5 dated 21.11.2001 stand superseded.

Past cases, already decided need not be reopened.

Please acknowledge receipt.

Sd/-

(Harsha Dass)

Director Estt.(N)II

Railway Board.

Source: AIRF

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