Additional benefit on death/disability of Government servant covered by NPS

Provisional family pension on death of NPS covered Govt Employees prior to allotment of PRAN Card: Clarification of PFRDA & DoP&PW by Railway Board

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. D-43/4/2018-F(E)III

New Delhi, dated: 26.02.2019.

The General Managers/Principal Financial Advisors,
All Zonal Railways/Production Units.

Sub: Additional benefit on death/disability of Government servant covered by NPS - reg.

Attention is invited to Board's letter No. 2008/AC-II/21/19 dated 29.05.2009 on the above subject vide which instructions were issued providing for additional relief on death/disability of Government servants covered by New Defined Contribution Pension System (NPS).

In the wake of the above instructions, some of the Zonal Railways have raised the issue of admissibility of provisional family pension to the family members of the deceased railway servant who were governed by National Pension System (NPS) but died prior to allotment of PRAN Card and starting of the deductions towards NPS.

The above issue has been examined in consultation with Pension Fund Regulatory and Development Authority (PFRDA) and the Department of Pension & Pensioners' Welfare (DOP&PW). It is clarified that all the railway servants appointed on or after 01.01.2004 are to be covered by the National Pension System (NPS). Therefore, the provisional benefits granted vide Board's letter dated 29.05.2009 to all NPS employees in case of death in service/disability will be admissible to the family of the deceased subscribers/subscribers on fulfillment of the conditions specified therein irrespective of the fact that PRAN Card was not allotted at the time of death/disability or the deduction towards NPS had not started. However, while giving the provisional benefits instructions issued vide Board's letter No. 2012/ F(E)III/1 (1)/4 dated 08.09.2014 may also be kept in view.

sd/-
(Jitendra Kumar)
Deputy Director, Finance (Estt.) I,
Railway Board.
Ph.No.23304528.

Source: Indian railways

Amendment to Appendix V of the Indian Railway Establishment Code Vol. I, 1985 Edition (Study Leave Rules)

Amendment to Appendix V of the Indian Railway Establishment Code Vol. I, 1985 Edition (Study Leave Rules)

Study Leave Rules (RBE No. 156/2018) -Railway Board

RBE No 156/2018

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No. 2011/F(E)III/2(2)13

New Delhi, Dated: 11.10.2018.

The GMs/Principal Financial Advisers,
All Zonal Railways/Production Units,
(All per mailing list)
Sub:- Amendment to Appendix V of the Indian Railway Establishment Code Vol. I, 1985 Edition (Study Leave Rules).
In exercise of the powers conferred by the proviso to Article 309 of the Constitution, the President is pleased to direct that Appendix V of the Indian Railway Establishment Code Vol. I, (1985 Edition) (Third Re-print Edition 2008) be amended as in the Advance Correction Slip No. 134 attached.

(G. Priya Sudarsani)
Director Finance (Estt.),
Railway Board.

INDIAN RAILWAY ESTABLISHMENT CODE, VOLUME-I
FIFTH EDITION-1985 (Third Reprint Edition-2008)
APPENDIX V,

STUDY LEAVE RULES:
ADVANCE CORRECTION SLIP No.:- 134

1. In sub-rule 5(1) of Rule 1, after the word "Government", following shall be inserted:-"(two years in case of Railway Medical Service Officer)"
2. In sub-rule 5(ii) & (iii) of Rule 1, Rule 2(2), Rule 14(1) and each of the Forms namely Form 'A', Form Form 'C' and Form 'D' appended to study leave Rules contained in
   Appendix-V, wherever Five occurs, it shall be read as Eight.
3. In sub-rule (3) of Rule 5, the words “and subject to the other conditions laid down in rule (8) being satisfied, draw study allowance in respect thereof” shall be omitted.
4. Sub-rule (1) of Rule 7 shall be substituted with the following:-
   "During study leave availed outside India, a Railway servant shall draw leave salary equal to the pay that the Railway servant shall drew while on duty immediately before proceeding on such leave, in addition to Dearness Allowance and House Rent Allowance as admissible in terms of Board’s letter No. E(P&A)II-20021HRA-2 dated 19.02.2002."
5. Sub-rule 2(a) of Rule 7 shall be substituted with the following:-
   "During study leave availed in India, a Railway servant shall draw leave salary equal to the pay that the Railway servant drew while on duty immediately before proceeding on such leave, in addition to Dearness Allowance and House Rent Allowance as admissible in terms of Board's letter No. E(P&A)II-2002/HRA-2 dated 19.02.2002.
6. In sub-rule 2(c) of Rule 7, the words “as envisaged in sub-rule (2) of rule 8,” shall be
7. Sub-rule 2(d) of Rule 7 shall be omitted.
8. Rules 8, 9 & 10 shall be omitted.
9. Rule 11 shall be substituted with the following:-
   "11. Admissibility of Allowances during study leave: Except for House Rent Allowance as admissible in terms of Board’s letter No. E(P&A)II-2002/HRA-2 dated 19.02.2002 and the Dearness Allowance, no other allowance shall be paid to a Railway servant in respect of the period of study leave granted to him."
10. In sub-rule 1(i) of Rule 14, the words “Study Allowance” shall be omitted.

Source: Railway Board

Guidelines on leave and voluntary retirement of Railway Employees - Persons with Disabilities

Guidelines on leave and voluntary retirement of Railway Employees - Persons with Disabilities

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBE No.107/2017

No.E(P&A)l-2017/CPC/LE-5

New Delhi, dated 30.08.2017

The General Managers and Principal Financial Advisers,
All Indian Railways & Production Units.

Sub: Guidelines on leave and voluntary retirement of Railway servants in light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

In pursuance of Department of Personnel & Training's OM No.18017/1/2014-Estt(L) dated 25.02.2015 and OM No. 25012/1/2015-Estt(A-IV) dated 19.05.2015, the issues relating to leave and notice of voluntary retirement of Railway servants who have acquired a disability while in service are required to be dealt with in the light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

2. Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding. The ceiling on maximum permissible leave laid down in Rule 510 of IREC Vol-1 may not be applied to leave on medical certificate applied in connection with the disability. Any leave debited for the period after a Railway servant is declared incapacitated shall be remitted back into his/her leave account. For a Railway servant who is unable to submit an application or medical certificate on account of disability, an application/medical certificate submitted by a family member may be accepted.

3. Further, keeping in view the provisions of the Section 47 of PWD Act, 1995 and the judgment of the Hon'ble Supreme Court in Bhagwan Dass & Anr Vs Punjab State Electricity Board (2008) 1 5CC 579, it has been decided that whenever a Railway servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section 47 of PWD Act, 1995. In case the provisions are applicable, the Railway servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits.

3.1 In case a disabled Railway servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with under the provisions of the Section 47 of PWD Act, 1995. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per applicable rule.

4. It is requested to keep the above in view while processing cases of requests for voluntary retirement and leave from disabled Railway servants under the provisions of the Section 47 of PWD Act, 1995.

5. This issues with the concurrence of the Finance Directorate of the Ministry of Railway.

6. Please Acknowledge receipt.

(Anil Kumar)
Dy.Director/E(P&A)-I
Railway Board.

 Source: NFIR Download PDF

Introduction of Special Leave connected to inquiry of Sexual Harassment

Introduction of Special Leave connected to inquiry of Sexual Harassment

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBE No.51/2017

E(P&A)I-2017/CPC/LE-3

New Delhi, dated 29.05.2017

The General Managers and FA&CAOs
All Indian Railways & Production Units.

Sub: Introduction of Special Leave connected to inquiry of Sexual Harassment.
Consequent upon the decision taken by the Government, the President is pleased to decide that the following rule may be inserted in the Railway Service (Liberalised Leave) Rules, 1949 in respect of female railway employees:-

Special Leave connected to inquiry of sexual harassment – Leave upto a period of 90 days may be granted to an aggrieved female Railway Servant on the recommendation of the Internal Committee or the Local Committee, as the case may be, during the pendency of inquiry under Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and the leave granted to the aggrieved female Railway Servant under this rule shall not be debited against the leave account.

2. This rule takes effect from the date, the notification was published by the Department of Personnel and Training viz. 15th March, 2017.

3. The provisions of the Railway Service (Liberalised Leave) Rules, 1949 are contained in Chapter-5 of Indian Railway Establishment Code (IREC), Volume-I, 1985 Edition (Reprint Edition-2008). In view of this, in exercise of the powers conferred by the proviso to Article 309 of the Constitution, the president is pleased to direct that a new para 551(F) may be inserted in Chapter-5 of the Indian Railway Establishment Code, Volume - l, 1985 Edition (Reprint Edition-2008) as per enclosed Advance Correction Slip -132.

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

5. Please acknowledge receipt.
DA:- Correction Slip.

sd/-
(Anil Kumar)
Railway Board

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

Policy letter on CTSE situations in empanelled hospitals for retired Railway Employees and their dependent family members

Policy letter on CTSE situations in empanelled hospitals for retired Railway Employees and their dependent family members

GOVERNMENT OF INDIA (BHARAT SARKAR)
MINISTRY OF RAILWAYS (RAIL MANTRALAYA)
(RAILWAY BOARD)

No.2016/F(E)III/1(1)/7

New Delhi, Dated: 16.02.2017.

TheGMs/FA&CAOs,
All Zonal Railways/Production Units/RDSO.
(As per mailing list)

Subject: Policy letter on Cashless Treatment Scheme in Emergency situations (CTSE) in empanelled hospitals for retired Railway employees and their dependent family members.

Please refer to Board's letter No.2014/H/28/1/smartcard/Part A dated 14.07.2016 on the above subject vide which broad outlines of the Cashless Treatment Scheme in Emergency situations (CTSE) were circulated to all Zonal Railways and Production Units. The Scheme has been launched as a 'pilot scheme' in four (4) Metro cities (Delhi-NCR, Mumbai, Kolkata and Chennai) and their suburbs for one year (the period of one year of pilot scheme shall start only after the website starts working and not from the date of issue of Board's letter No. 2014/H/28/1/smart card/Part A dated 14.07.2016).

2. In respect of above, option of CTSE, may be taken from retirees,who intend to settle in the four Metro cities mentioned in para 1 above, in addition to RELHS, at the time of filling of pension papers. Also, this form may be included in the list of ‘forms to be submitted by a retiring Railway servant. The CTSE option may be taken in Annexure 3 of the Board’s letter dated 14.07.2016, a copy of which is enclosed.

3. This issues with the approval of Executive Director Finance (Estt.).

(SANJAY PRASHAR)
Deputy Director Finance (Estt.)III,
Railway Board.

D.A.: One
Signed Copy

Imposition of penalty, dismissal, compulsory retirement ordered by lower authorities

Railway Board says Penalty of dismissal, removal or compulsory retirement from service should not be imposed by an authority which has merely issued the offer of appointment or order of promotion

Ministry of Railways has sent a letter to all the GMs of the Indian Railways and the Production Units regarding Imposition of penalties of dismissal, removal or compulsory retirement and the Determination of appointing authority.

RBE No. 119/2015

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

No. E(D&A) 2012 Res-34

New Delhi, 30.09.2015.

The General Manager(P)
All Indian Railways and
Production Units etc.
(As per standard list).

Sub: Imposition of penalties of dismissal, removal or compulsory retirement – Determination of appointing authority reg.

Attention is invited to Railway Board’s letter no. E(D&A) 2002 RGs-36 dated 25.11.2002 on the above subject relating to determination. of appointing authority for the purpose of imposition of the penalties of dismissal, removal or compulsory retirement on a Railway servant.

2. It was clarified in the above referred instructions that the intention of Rule 2(1)(a) of RS(D&A) Rules, 1968 is that the penalties of dismissal, removal or compulsory retirement from service should be imposed on a Railway servant only by the highest of the following authorities viz. the authority which actually appointed the railway servant to the relevant grade or post, or the authority which. is empowered to make appointment to that grade or post at the time of imposition of penalty. It was further emphasized that the penalty of dismissal, removal or compulsory retirement from service should not be imposed by an authority which has merely issued the offer of appointment or order of promotion with regard to the appointment or promotion ordered by a competent authority higher to that authority.

3. In a PNM meeting with the NFIR, the Federation has stated that inspite of the above mentioned instructions, in some instances, the penalties of dismissal, removal or compulsory retirement were imposed on a Railway servant by an authority lower than the authority which had actually ordered the appointment/promotion of the Railway servant. It is therefore reiterated that a lower authority who has merely issued/signed the order regarding appointment/promotion which has been ordered by a higher authority, is not competent to impose the penalty or dismissal, removal or compulsory retirement from service on such Railway servant. Such action is not only violative of the RS(D&A) Rules but- also unlikely to withstand judicial scrutiny. Railways may therefore impress upon all concerned to adhere to the provisions of Railway Board’s letter no. E(D&A) 2002 RGG-36 dated 25.11.2002, as brought out in para 2 above.

4. Hindi version will follow. Please acknowledge receipt.

(S.Modi)

Dy. Director Estt. (D&A)

Railway Board

Download Railway Board letter No. E(D&A) 2012 Res-34 dated 30.09.2015

Leave applicable to railway school staff, Child Care Leave and Commuted Leave – FAQ

Leave applicable to railway staff, Child Care Leave and Commuted Leave – Frequently Asked Questions RBE 100/2015

Text of the Railway Board’s letter No. No. E(P&A)I-2008/CPC/LE-8 dated 10.09.2015 (RBE No. 100/2015) addressed to The General Managers/FA&CAOs. All Indian Railways and Production Units etc.

Sub; Leave applicable to railway school staff, Child Care Leave and Commuted Leave – Frequently Asked Questions.

Please refer to the provisions contained in Rule Nos. 525, 551E, 521 of IREC Vol-I in respect of Leave applicable to school staff, Child Care Leave and Commuted leave/Leave on Production of Medical Certificate by the Railway servants.

2. Now, DOP&T has inter-alia issued clarification on Leave to school staff, Child Care Leave and Commuted Leave in the form of frequently asked questions (FAQ) in terms of their Office Memorandum No. 21011/08/2013-Estt(AL). The text of OM is tabulated below for guidance of all concerned.

Sl. No.	Questions	Answer
1.	What are the leave entitlements of Railway servants serving in Railway schools?	The Rule No. 525 of IREC VOL-I, which came into effect from 1.9.2008 regulates the grant of Leave an Average Pay for persons serving in the Railway Schools. The said rule provides for as follows:- (1) (a) A Railway servant serving in a Railway School such as a teacher, principal, headmaster, librarian, laboratory assistant or a waterman shall not be entitled to any Leave an Average Pay in respect of duty performed in any year in which he avails himself of the full vacation. (b) In respect of any year in which a Railway servant avails a portion of the vacation, he shall be entitled to Leave an Average Pay in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation. Provided that no such leave shall be admissible to a Railway servant not in permanent employment or quasi-permanent employment in respect of the first year of his service. (c) If, in any year, the Railway servant does not avail any vacation, Leave on Average Pay shall be admissible to him in respect of that year under Rule 523. For the purpose of this rule, the term “year” shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Railway School. A Railway servant entitled to vacation shall be considered to have avoi led a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation. Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation. When a Railway servant serving in a Railway School proceeds on leave before completing a full year of duty, the Leave on Average Pay admissible to him/her shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty. As per Rule 526 of IREC Vol-I the half pay leave account of every Railway servant, permanent or temporary including the one who is serving in a Railway school, shall be credited with Leave on Half Average Pay in advance, in two installments of ten days each on the first day of January and July of every calendar’ year. This is subject to conditions laid down in Board’s letter- No.E(P&A)I-2008/CPC/LE-10 dated 06.03.2009.
2.	Whether Govt. servant can be permitted to station/go abroad while on CCL?	Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Railway servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this.
3.	What is the intention behind the instruction that CCL is to be treated like LAP and sanctioned as such?	The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on LAP. The restriction of the limit of 180 days at a stretch as applicable in the case of LAP will not a l in case of CCL.
4.	Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?	Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

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

http://www.er.indianrailways.gov.in/cris/uploads/files/1443006561881-132%202015.pdf