Payment of 7th CPC Leave Salary to the Running Staff - Railway Employees NFIR

Payment of 7th CPC Leave Salary to the Running Staff - Railway Employees NFIR

NFIR

No.IV/NFIR/7th CPC (Imp)/ Allowance/2016/Part I

Dated: 27/12/2019

The Secretary(E),
Railway Board
New Delhi

Dear Sir,

Subject: Payment of Leave Salary to the Running Staff after implementation of 7th CPC recommendations-reg.

Ref: (i) NFIR’s PNM Items No. 47/2018 & 57/2016.
(ii) Railway Board’s letter No. E(P&A)II/2017/RS-22 dated 28/12/2018 (RBE No.2204/2018).
(iii) NFIR’s letter No. IV/NFIR/7th CPC (Imp)/Allowance/2016/Part II dated 12/01/2019, 18/03/2019, 28/05/2019 & 17/08/2019.

Federation invites kind attention of the Railway Board to the references cited above relating to payment of Leave Salary to the Running Staff pursuant to the implementation of the recommendations of 7th Central Pay Commission. Federation once again reiterates that though the Railway Board have issued orders vide RBE No. 204/2018 dated 28/12/2018 but, however, there is no clarity in the said orders regarding date of effect i.e. from 01/01/2016, consequently in the provision in IPAS, date of effect has been taken as 01/07/2017 and the Running Staff have been put to recurring financial loss for 18 months (from 01/01/2016 to 30/06/2017) leave salary. Though the Federation has been making efforts to persuade the Railway Board to set right the technical snag but however action to correct/up-date IPAS has no been taken yet with the result Federation continues to receive grievances from the Running Staff from Zonal Railways.

Also check: 7th CPC: Payment of leave salary to the running staff after the implementation of 7th CPC recommendations

NFIR, therefore, once again urges upon the Railway Board to kindly intervene and issue suitable instructions to all concerned to rectify/up-date the IPAS giving effect to the instructions vide RBE No. 204/2018 dated 28/12/2018 from 01/01/2016 repeat from 01/01/2016 and not from 01/07/2017.
Action taken in the matter may kindly be apprised to the Federation.

Yours faithfully

(Dr. M. Raghavaiah)
General Secretary

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Encashment of EL on Joining Central Govt to PSUs

Encashment of EL on Joining Central Govt to PSUs

ENCASHMENT OF EARNED LEAVE ON JOINING CENTRAL GOVERNMENT FROM PSUS & VICE VERSA

Whether earned leave encashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt. servant prior to his joining the Central Govt. is to be taken into account while calculating ceiling of leave encashment on his superannuation and retirement from Central Govt.?
Encashment of EL allowed by the State Governments, Public Sector Undertakings/Autonomous Bodies for services rendered therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules.

Whether Leave encashment allowed by Govt. under CCS(Leave) Rules, 1972 on absorption in a Central autonomous body/PSU is to be taken into account?
Encashment of EL allowed by the Govt. under the CCS (Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous body shall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body / PSU for the post absorption period.

Whether cash equivalent of leave salary in case of permanent absorption in PSU / Autonomous Body is permissible?
A Government servant who has been permitted to be absorbed in a Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo-motu granted cash equivalent of leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D)Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment - {Note below rule 39-D - Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012}

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7th CPC Payment of arrears arising out of leave salary - NFIR

7th CPC Payment of arrears arising out of leave salary - NFIR

NFIR

No. I/3/Part I

Dated: 04/04/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Payment of arrears arising out of leave salary consequent to the implementation of the report of 7th CPC for the period from 01/01/2016 and onwards - denial of payment on Zonal Railways.

Federation invites kind attention of the Railway Board to the provisions contained in Para 924 read with Sub-Para (iv) of IREM Vol. I wherein it has been stipulated that when Running Staff are on leave (including Casual Leave), they shall be paid leave salary based on the Basic Pay plus 30% thereof and other Allowances including DA/ADA due on the Basic Pay plus 30% thereof. Reports continued to be received from many zones that the arrears arising out of leave salary as a result of implementation of 7th CPC with effect from 01/01/2016 are not being paid to the Running Staff more particularly the West Central Railway.

In this connection, Federation also invites kind attention of the Railway Board letter No. E(P&A)II-2016/FE.2/5 dated 16/10/2017 (RBE No. 148/2017) wherein instructions were issued for reckoning of 30% pay element for calculation of leave salary on 6th CPC pay, to the Running Staff during the period 0l/01/2016 to 31/08/2008 on raising the issue by NFIR through PNM agenda item No. 57/2016 at the level of Railway Board. Unfortunately, similar instructions have not been issued for payment of leave salary taking into account 30oh of pay element to the Running Staff consequent to implementation of the recommendations of 7th CPC w.e.f. 01/01/2016 with the result running staff are not being paid leave salary on Zonal Railways reckoning 30% pay element on 7th CPC Pay in the absence of Board's instructions.

NFIR, therefore, requests the Railway Board to consider the above facts and issue suitable instructions to the Zonal Railways for reckoning 30% pay element for payment of leave salary (7th CPC Pay) to the Running Staff w.e.f. 01/01/2016 and onwards. A copy of the instructions may be endorsed to the Federation.

Download Order
Source: NFIR

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NFIR: Denial of Leave Salary duly reckoning 30% of 7th CPC pay for Running Staff

NFIR

Denial of Leave Salary duly reckoning 30% of 7th CPC pay for Running Staff - reg.

No. IV/RSAC/Conf./Part IX

Dated: 13/02/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Denial of Leave Salary duly reckoning 30% of 7th CPC pay for Running Staff - reg.

The extant instructions provide that the Running Staff are entitled for payment of Leave Salary duly reckoning 30% of pay. It has, however, been represented by our affiliates as well staff that on many Zonal Railways 30% of 7th CPC pay is not being reckoned for the purpose of payment of Leave Salary to the Running Staff. When pointed out, the Zonal Railways stated that Board's clarification is awaited.

In this connection, NFIR desires to state that Leave Salary is not part of Allowances, therefore, 30% of 7th CPC pay needs to be added to the Basic Pay for the purpose of payment oi Leave Salary to the Running Staff. In view of confusion prevailing on certain Zonal Railways, the Railway Board may consider issuing suitable clarification for reckoning 30% of 7th CPC pay for the purpose of payment of Leave Salary.

NFIR, therefore, requests the Railway Board to issue clarification instructions as suggested above, duly endorsing copy thereof to the Federation, at the earliest.

Yours faithfully

(Dr. M. Raghavaiah)
General Secretary

Source : NFIR

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Maternity Leave (ML) for Railway Employees

Maternity Leave (ML) for Railway Employees

• It is a full pay leave not debited to any account.
• It is granted as under:
  
  

  For confinement	180 days
  Miscarriage/Abortion	45 days during service
  Female Casual workers	4 weeks

  
  
• Temporary Railway employees may be granted Maternity Leave if their employment is likely to continue till they come back to service may be granted Maternity Leave on the basis of Medical Certificate.
• It may be combined with any other type of leave.
• Any leave (including LND) upto a maximum 2 years may be granted in continuation of ML if applied for without Medical Certificate.

Source: Maternity Leave

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Paternity Leave (PL) for Railway Employees

Paternity Leave (PL) for Railway Employees

• Granted to male Railway employees (including Apprentices) with less than 2 surviving children.
• Granted for 15 days.
• During the period of confinement of wife of a Railway employee. Can be availed in the period between 15 days prior and 6 months after the date delivery of the child.
• Can availed only in one spell.
• If not availed it will be lapsed.
• It is not to be debited against leave account.
• Maybe combined with any other type of leave as in Maternity Leave.
• Leave salary equal to pay drawn just before proceeding on leave.
• Paternity Leave may not normally be refused.
• May be granted to Casual Labour who has temporary status for 15 days.
• With effect from 22.07.2009 it can be sanctioned in case of valid adoption of a child below one year for 15 days. It can be availed within 6 months from the date of adoption.

Source: Paternity Leave

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Subsistence Allowance during Suspension - for information

Subsistence Allowance during Suspension - for information

THE ALL INDIA SERVICES(DISCIPLINE AND APPEAL) RULES, 1969

4. Subsistence allowance during suspension.

4(1) A member of the Service under suspension or deemed to have been placed under suspension by the Government concerned shall be entitled to receive from that Government:-

4(1)(a) a subsistence allowance at an amount equal to the leave salary which a member of the Service would have drawn if he had been on leave on half-average pay or on half pay and in addition, dearness allowance, if admissible on the basis of such leave salary; Provided that where the period of suspension exceed three months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows:

(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if, in the opinion of the said authority, the period of suspensions has been prolonged for reasons, to be recorded in writing, not directly attributable to the member of the Service;

(ii) the amount of the subsistence allowance may be reduced by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons, to be recorded in writing directly attributable to a member of the Service;

(iii) the rate of the dearness allowance will be based on the increased or, as the case may be, the reduced amount of subsistence allowance admissible under sub-clause (i) or sub-clause (ii) above.

4(1)(b) any other compensatory allowance admissible from time to time on the basis of pay of which a member of the Service was in receipt on the date of suspension, subject to the fulfillment of other conditions laid down for the drawal of such allowance.

4(2) No member of the Service shall be entitled to receive payment under sub-rule (1) unless he furnished a certificate that he is not engaged in any other employment, business, profession or vocation.

4(3) The authority to grant subsistence allowance shall be the suspending authority.

Government of India's Decisions

(1) The Government of India have decided that:

(i) the amount of subsistence allowance once granted should be varied by the suspending authority under the first proviso to this rule only after recording in writing the reasons for increasing or decreasing the amount;

(ii) a member shall not be entitled to compensatory allowance of which he was in receipt prior to suspension unless the suspending authority is satisfied that he continues to meet the expenditure for which they were granted.

[G.I., M.H.A. Letter No. 13/7/58-AIS (III), dated 18th October, 1958, read with No. 7/20/59-AIS (II), dated the 17th November, 1959]

(2) The Government of India have decided that the following deductions should be enforced from subsistence allowance:-

(i) Income tax and super tax (provided the member's annual income calculated with reference to subsistence allowance is taxable).

(ii) House rent and allied charges i.e. electricity, water furniture etc.

(iii) Repayment of loans and advances taken from Government at such rates as the competent authority deems it right to fix.

(2.2) The following deductions should not be made except with a member's written consent letter-

(a) Premia due on Postal Life Assurance Policies.

(b) Amounts due to Co-operative Stores and Co-operative Credit Societies.

(c) Refund of Advances taken from General Provident Fund.

 

(2.3) The following deductions should not be made from subsistence allowances:-

(i) Subscription to the All India Services Provident Fund.

(ii) Amounts due on Court attachments.

(iii) Recovery of loss to Government for which a member is responsible.

 

(2.4) There is no bar to the recovery of overpayments from subsistence allowance but the competent authority will exercise discretion in deciding whether recovery should be held wholly in abeyance during the period of suspension or it should be effected at full or reduced rate depending on the circumstances of each case.

[G.I., M.H.A. letter No. 7/18/59-AIS (II), dated 21st October, 1959]

 

(3) A question having arisen, it was decided that an officer (under suspension) is entitled to receive subsistence allowance at the rate equal to leave salary which he would have drawn while on leave on half average pay or half pay as the case may be, for the first twelve months. If after the expiry of that period, the competent authority does not find it necessary to increase or decrease the amount, the officer (under suspension) will continue to receive the same amount of subsistence allowance and it is not necessary to issue fresh orders in this regard.

[G.I., M.H.A. letter No. 7/8/62-AIS (III), dated 5th May, 1962]

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