Grant of Non-functional up- gradation to Indian Railway Medical service officers

NFIR

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

PC-VI No.386
No. PC-VI/2089/I/4/R-6/1

RBE No. 83/2018

New Delhi, Dated: 08.06.2018

The General Managers/CAO(R)
All India Railways & production Units.
(as per mailing list)

Sub: Grant of Non-functional up- gradation to Indian Railway Medical service officers.

Attention is invited to Railway Board's letter No. PC VI/2009/I/4/R/1 dated 27.11.2009 (RBE No.209/2009) circulating DOPT's OM No. AB/14017/64/2008-Ectt(RR) dated 24.04.2009 & 25.09.2009 for adoption in favour of Railway officers of organised Group 'A' Services in PB-3 and PB-4.

2. It was subsequently clarified by DOP&T vide their OM No. AB.14017/39/2009- Estt.(RR) dated 02.04.2012 that the NFU to organised Group 'A' services shall not be applicable to the officers in those Organised Services where FCS and DACP Schemes are already operating and where officers are already separately covered by their own in-situ Progression scheme. However, Hon'ble Delhi High court in WP(C) No. 4067/2014 and WP(C) No. 4073/2014 vide orders dated 13.10.2014 quashed the Dop&T's OM dated 02.04.2012. Since the said judgement of Hon'ble High court attained finality as Hon'ble supreme court dismissed the SLP and Review in the case, DoPT&T decided to declare their OM dated 02.04.2012 as non-est, as conveyed vide their OM No.CS-14017/1/2018-Estt.(RR)(Pt.I) dated 25.04.2018.

3. There has been a demand of IRMS officers also for extension of the benefits of NFU Scheme and the issue has been the subject matter of litigation. Hon'ble Central Administrative Tribunal vide their orders dated 28.09.2017 in O.A.No.3290/2017 (Indian Railway Medical Services Association & Anr vs DOP&T & Anr) allowed the relief in terms of the judgement of Hon'ble Delhi High Court in W.P.(C ) No: 4067/2014. The matter was accordingly referred to DOP&T.

4. DOP&T have considered the issue in consultation with Department of Expenditure and conveyed their non-objection to the Ministry of Railways to extend NFU benefits to IRMS doctors. 'Accordingly, Ministry of Railways have decided to grant the benefit of Non- Functional Upgradation CNFU Scheme as applicable to Organized Group 'A' services of Railways to IRMS Officers as per the detailed terms and conditions as have been in vogue from time to time after introduction of the scheme. Accordingly, grant of higher scale / benefits under the scheme would be admissible w.e.f. 1.1.2006, where due and admissible, as provided in the original instructions under reference.

(S.Balachandra Iyer)
Executive Director/Pay Commission -II
Railway Board.

No.PC-VI/2009/I/4/R-6/1

New Delhi, dated 08.06.2018

Source: NFIR

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Recommendations of 7th CPC - Grant of Non- Practicing Allowance (NPA) at revised rates to IRMS Officers

Recommendations of 7th CPC - Grant of Non- Practicing Allowance (NPA) at revised rates to IRMS Officers.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

S.No.PC-VII/30
No.PC-V/2017/A/NPA/1

RBENo.82/2017
New Delhi, dated 04/08/2017

The General Managers
All Indian Railways & PUs
(As per mailing list)

Subject: Recommendations of 7th CPC - Grant of Non- Practising Allowance (NPA) at revised rates to IRMS Officers.

Please refer to Board's letter No.PC-V/2008/A/O/I(NPA), dt 22.09.2008 (RBE No.122/2008) regarding the existing rates of Non-Practicing Allowance (NPA) admissible to IRMS Officers and as provided for in para 9 of the schedule for RS(RP) Rules,2016, dt. 02.08.2016 (RBE No.93/2016), the question of revision of rates of allowances (except Dearness Allowance) based on the recommendations of the 7th Central Pay Commission were to be notified subsequently and separately.

Until then, all allowances were required to be paid at the existing rates in the existing pay structure (the pay structure based on 6th Pay Commission) as is if the pay has not been revised w.e.f. 1st January,2016. Accordingty, NPA was,also required to be paid at the existing rates specified in the aforesaid Board's letter dt.22.09.2008 (RBE No.122/2008).

2. The decisions of the Government, on the revised rates of various allowances based on the recommendations of the 7th central Pay commission. and in the light of the recommendations of the Committee under the Chairmanship of the Finance Secretary, constituted for this purpose, have since been notified.

3. Accordingly, the President is pleased to decide that in modification of the existing rates of NPA as contained in the aforesaid Board's letter dt.22.09.2008, the NPA shall now be paid at the rate of 20% of the basic pay in the revises pay structure in vogue based on the recommendations of the 7th Central Pay commission, as contained in the RS (RP) Rules 2016 subject to the condition that the sum of basic pay and NPA does not exceed Rs.2,37,500 (Rupees two lakhs thirty seven thousand and five hundred only). The following conditions shall regulate the grant of NPA under these orders:

(i) The term "basic pay" in the revised pay structure shall mean "basic. pay" as defined in Rule 3(x) RS (RP)Rules,2016, i.e., "basic pay" in revised pay structure means the pay drawn in the prescribed level in the Pay Matrix.

(ii) The NPA shall continue to be treated as pay for the purpose computation of Dearness Allowance and other allowances, except those allowances in respect of which the applicable orders provide otherwise, including calculation of retirement benefits. Dearness Allowance under these orders shall mean dearness allowance as sanctioned by the Central Government from time to time in the 7th Pay Commission Related pay structure.

(iii) NPA shall continue to be restricted to those medical pests for which medical qualifications recognised under the Indian Medical Council Act, 1956 or under the Dentist Act, rc+A have been prescribed as an essential qualification. The Following conditions shall also be fulfilled as hitherto:

(a) The Post is a clinical one.
(b) The Post is a whole time Post
(c) There is sample scope for private practice, and
(d) lt is necessary to prohibit private practice in public interest.

4. The revised rate of NPA in terms of these orders shall take effect from 1st July, 2017.
5. This issues with the concurrence of Finance oi etomte of Ministry of Railways.
6. Hindi version of these orders will follow

{ Authority : MoF's OM No. 12-2/2016-EIII.A, dt.7th July,2017}

(N.P.Singh)
Dy.Director, Pay Commission-V
Railway Board

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