Admissibility of House Rent Allowance (HRA) in the event of non-acceptance or surrender of railway residential accommodation

Admissibility of House Rent Allowance (HRA) in the event of non-acceptance or surrender of railway residential accommodation

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

NO. E (P&A)II/ 2012/ F.E. 2/4

Dated: 02.04.2019

The General Manager, All Indian Railways/PUs, NF(Con), CORE
The DG/RDSO/ Lucknow, DG/ NAIRNadodara
CAOs, DMW/ Patiala, WPO/ Patna, COFMOW/ NDLS, RWP/ Bela, CAO/ IROAF

Sub: Admissibility of House Rent Allowance (HRA) in the event of non-acceptance or surrender of railway residential accommodation.

Ref: (1)Department of Expenditures, MoF’s OM no. 2/5/2017-E.IIB dated C15.03.2019
(2)Railway Board’s letter No. E(P&A)II-87/HRA-15, dated 16.05.1988
(3)Railway Board’s letter No. E (P&A)II-95/HRA-3, dated 14.02.1996
(4)Railway Board’s letter No. E(P&A)II-99/HRA-2, dated 12.07.1999 & 16.03.2000
(5)Railway Board’s letter No. E(P&A)II-2002/HRA-4, dated 16.10.2002 & 09.05.2003
(6)Railway Board’s letter No. E(P&A)II-2010/HRA-2, dated 08.12.2010
(7)Railway Board’s letter No. E(P&A)11-20171HRA-3, dated 15.01.2018
With reference to Department of Expenditure, Ministry of Finance’s Office Memorandum at (1) & other Railway Board’s references above, Board (MS, FC & CRB) have approved the following:

1. For other than those Railway employees (officers and staff) for whom accommodation is specially earmarked and whose occupation of railway quarter is essential for easy accessibility during emergencies, efficient discharge of their duties, etc., the condition of Applying for Government Accommodation and furnishing of ‘No Accommodation Certificate’ by Employees to become eligible for HRA may be dispensed with and Department of Expenditure, MoF’s letter under reference may be made applicable Mutatis Mutandis for such categories of Railway employees.
2. The Railway accommodation so vacated may be allotted to other employees of the same pool or other pool or Essential category employees by changing the pool, if required, by the Zonal Railway. The Quarter-allotment Authority shall promptly take necessary action in this regard.
3. Other extant instructions/guidelines issued from Board on the subject shall remain unchanged or as modified from time to time.

Department of Expenditure, MoF’s letter under ref. (1) above is enclosed for ready reference.

This issues with the concurrence of Associate Finance of Transformation Cell of Railway Board.
Kindly acknowledge the receipt and ensure compliance.

NO. E(P&A)II/2012/F.E.2/4

(Umesh Balonda)
Executive Director/S&T
Transformation Cell
Dated: 02.04.2019

(Sanjeeb Kumar)
Executive Director Accounts
Transformation Cell

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Admissibility of HRA in the event of non- acceptance or surrender of Railway Residential Accommodation

Admissibility of HRA in the event of non- acceptance or surrender of Railway Residential Accommodation

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(Railway Board)

No. E(P&A)II/2017/HRA-3

New Delhi, dated 09.05.2018

The General Secretary

NFIR
3, Chelmsford Road,
New Delhi-110055

Sir,

Sub :- Admissibility of HRA in the event of non-acceptance or surrender of Railway Residential Accommodation - reg.

The undersigned is directed to refer to NFIR's letter No.1/5 (c) Part II, dt. 16.01.2018 on the above subject and to state that the previous delegation of powers to GMs and other Heads of Organisations had expired on 31.03.2017 and it was incumbent on this office to review/renew the same.

The delegation of powers to GMs and others Head of Organizations was sanctioned in the year 1988 vide Board's letter dt. 16.05.1988 (RBE No. 98/88). Since then it is being renewed continuously, the last (before issuing Board’s letter dt 15.01.2018) being reviewed in 2010 vide Board, letter dt. 08.12.2010 (RBE No.176/2010).

As regards the PNM/NFIR item No. 40/2012 it is stated that the issue raised in the item was to grant of HRA to the employee who have vacated the quarters w.e.f the date from which the employee had vacated the quarter which is different from the issue for which Federations have demanded to issue corrigendum. The PNM/NFIR item No.40/2012 is still under consideration in PNM forum and not finalized yet.

Yours faithfully,

S/d,

for Secretary / Railway Board

Source : NFIR

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Admissibility of HRA in the event of non- acceptance/surrender of Railway residential accommodation

Admissibility of HRA in the event of non- acceptance/surrender of Railway residential accommodation

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBE No. 23/2017
No. E(P&A)II-2015/HRA-6

New Delhi, dated 16.03.2017.

The General Managers(P)/CAOs,
All Indian Railways
and Production Units etc.

Sub: Admissibility of HRA in the event of non- acceptance/surrender of Railway residential accommodation.

A reference from North Western Railway was received for clarification on the issue of admissibility of HRA in the event of non-acceptance/surrender of railway residential accommodation by a railway employee. The matter was examined and considered in this office in the light of policy guidelines on the issue in consultation with the Finance Directorate of Railway Board. In this connection, it is stated that the provisions of letter No. E(P&A)II-87/HRA-15 dated 16.05.1988 still hold good regarding admissibility of House Rent Allowance (HRA) in the event of non¬acceptance/surrender of Railway residential accommodation. However, refusal by a Railway servant of a quarter of a different class from that for which he is eligible shall not constitute refusal for the purpose of these orders unless he has the option to apply for accommodation of a class next below the one to which he is entitled by virtue of his emoluments and he refuses such accommodation when allotted on the basis of his application.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

3. Please acknowledge receipt.

(Salim Md. Ahmed)
Deputy Director/E(P&A)II,
Railway Board.

Signed copy

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Admissibility of HRA in the event of non- acceptance/surrender of Railway residential accommodation

Admissibility of HRA in the event of non- acceptance/surrender of Railway residential accommodation.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBE No.23/2017
New Delhi, dated 16.03.2017

No.E(P&A)II-2015/HRA-6
The General Managers(P)/CAOs,
All Indian Railways
and Production Units ect.

Sub: Admissibility of HRA in the event of non- acceptance/surrender of Railway residential accommodation.

A reference from North Western Railway was received for clarification on the issue of admissibility of HRA in the event of non-acceptance/surrender of railway residential accommodation by a railway employee. The matter was examined and considered in this office in the light of policy guidelines n the issue in consultation with the Finance Directorate of Railway Board. In this connection, it is stated that the provisions of letter No.E(P&A)II-87/HRA-15 dated 16.05.1988 still hold good regarding admissibility of House Rent Allowance (HRA) in the event of non-acceptance/surrender of Railway residential accommodation. However, refused by a Railway servant of a quarter of a different class from that for which he is eligible shall not constitute refusal for the purpose of these orders unless he has the option to apply for accommodation of a class next below the one to which he is entitled by virture of his emoluments and he refuses such accommodation when allotted on the basis of his application.

2. This issues with the concurrence of the Finance Directorate of the Mininstry of Railways.

sd/-
(Salim Md.Ahmed)
Deputy Director/E(P&A) II,
Railway Board

Authority: http://www.indianrailways.gov.in/

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Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation

Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation - reg.

NFIR
National Federation of Indian Railwaymen

No.I/5(C)/Pt.I

Dated: 04/11/2016

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub : Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation - reg.

Ref.: (i) NFIR's PNM item No.40/2012
(ii) NFIR's letter No. 1/5(c )/Part I dated 22/02/2016, 25/04/2016 & 01/08/2016
(iii) Railway Board’s Letter No.E(P&A)-II/2012/FE2/4 dated 31/10/2016.

With reference to reply received vide Board's letter dated 31/10/2016, the Federation desires to convey as follows :

(a) NFIR vide agenda item No.40/2012- last para, had demanded that condition mentioned in para 3 in Railway Board’s letter No.E(P&A)II-99/HRA-2 dated 16.03/2000 should be waived off or withdrawn.

(b) Federation also demanded that provision as mentioned in para 2 of the agenda item be made applicable to all categories of railway employees whether they belong to "Essential" or "other than Essential" categories.

It seems, the Railway Board have not examined the above issues with positive mind, taking ground reality into account with regard to availability of railway residential quarters, their condition for human occupation or otherwise. Due to total failure in maintenance of existing railway quarters on Zonal Railways, many quarters became totally outdated, unfit for occupation and overdue for demolition.

The main problem is that when the employee has vacated the quarters, he is denied HRA till the said quarter is physically occupied by another employee. This needs to be addressed.

Yours faithfully,
sd/-
(Dr. M.Raghavaiah)
General Secretary

Source: NFIR

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Railway Board circular on HRA when not accepting or surrender of Railway Residential Accommodation

Railway Board circular on HRA when not accepting or surrender of Railway Residential Accommodation

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(P&A)-II/2012/F.E.2/4.

The General Secretary,
NFIR,
3, Chelmsford Road,
New Delhi - 110 055.

New Delhi, dated 31/10/2016.

Sub.: Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation - reg.

Ref: 1. NFIR's letter No. 1/5(c )/Part I dated 22/02/2016.
2. NFIR’s letter No. 1/5(c )/Part I dated 25/04/2016.

I am directed to refer to your letters quoted above. The subject item (No. 40/2012) refers to admissibility of HRA in the event of non-acceptance or surrender of Railway residential accommodation. While this is governed by Railway Board’s letter No. E(P&A)-II/99/HRA-2 dated 16/03/2000; the Federation vide their letter No. 1/5(c) Pt. I dated 09/04/2012 had asked for review of the clause mentioned in Board’s letter ibid that HRA will not be admissible to railway employees for whom railway accommodation is specifically earmarked or to those employees, whose occupation of railway quarters is essential for easy accessibility during emergencies and efficient discharge of their duties etc. ("essential staff").

2. Subsequently, as recorded in the PNM meeting held on 30-31 January, 2014, it was explained to the Federation that wherever there is a house earmarked the employee cannot be allowed HRA. Federation contended that administration cannot deny HRA when earmarked quarters are not fit for occupation and wanted that a clarification be issued in the matter.

3. The item was further discussed by the Federation with the Board on 15/07/2015 and it was recorded as "As decided in the earlier meeting, a clarification after reviewing the matter is to be issued. Official Side stated that they propose to issue instructions in consultation with Civil Engineering Directorate. Federation stated that while they do not understand the need for a consultation with the Civil Engineering in this case, they requested the clarification be issued quickly. It was agreed to do so. The item to be closed thereafter" .

4. Accordingly, the matter had seen referred to Land & Amenities Dte. who confirmed that instructions were in place (issued vide RB/L&A No. 009/2011 dated 19/09/2011 to all Zonal Railway, PUs etc.) regarding dismantling of condemned/abandoned quarters, and that quarters declared condemned are not made available for allotment.

5. In line with the assurance recorded at para 3 above, letter No. E(P&A)- II/2012/F.E.2/4 dated 12/10/2015 was issued to all Zonal Railway and Production Units etc. that before allotment of Railway quarters, it should be ensured that such quarters are fit for occupation. Copy of this letter was also endorsed to the Federation.

6. It is, therefore, submitted that the letter dated 12/10/2015 referred to had already been issued by the time minutes of the discussions on the item held with NFIR on 8th and 9th October, 2015 were finalized/received and this was also explained in the meeting with NFIR in 18/01/2016. There has, therefore, been no deliberate violation of the assurance given to the Federation.

7. As, in terms of extant instructions, quarters unfit for occupation are not to be allotted, the question of allowing HRA against such allotment does not arise, in general. Any violation of the extant instructions can be taken up with the concerned field formation for appropriate remedial action.

Download Railway Board Circular No.E(P&A)- II/2012/F.E.2/4 dated 31.10.2016

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Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation

No. I/5(C)/Part I

Dated: 01/08/2016

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation-reg.

Ref: (i) NFIR's PNM Item No. 40/2012.
(ii) Railway Board's letter No. E(P&A)II-20121/F.E.2/4 dated 12/10/2015.
(iii) NFIR's letterNo. I/5(c)/Part I dated 22/02/2016 & 25/04/2016.

******

During NFIR's PNM meeting held with the Railway Board on 19th/20th May 2016 while discussing the subject matter under Item No. 40/2012, it was decided that a clarification in the matter will be issued. In the meeting the Official Side also agreed that the draft letter to be issued to the Railways, PUs etc will be shown to the Federation. Thereafter a period of over two months has passed, unfortunately draft instructions to be issued have not been sent to the GS/NFIR till date.

NFIR, therefore, requests the Railway Board to send draft instructions to the Federation for vetting and early return to enable the Board to issue instructions as per agreement.

Yours faithfully,
(Dr.M. Raghavaiah)

General Secretary

Copy to the Executive Director/PC-I, DFCC Building, Pragati Maidan, Metro Bhavan, Railway Board, New Delhi for information and necessary action please.

Copy to the General Secretaries of affiliated Unions of NFIR.

Media Centre/NFIR.
File No.40/2012 (PNM).

NFIR

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