NFIR – Initial Pay Fixation of Re-employed Ex-servicemen who held Posts below Commissioned Officer Rank in Defence Forces, Retired before Attaining the Age of 55 years

NFIR – Initial Pay Fixation of Re-employed Ex-servicemen who held Posts below Commissioned Officer Rank in Defence Forces, Retired before Attaining the Age of 55 years

No. II/35/Pt.XIV

Dated: 29/01/2018

Hon’ble Prime Minister of India,
Raisina Hill
South Block
New Delhi

Respected Sir,

Sub: Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employed basis in civilian posts in Railways etc – reg.

NFIR invites kind attention of the Hon’ble Prime Minister to the grave injustice meted out to the former Defence Forces Personnel (PBORs), re-employed in railways as their last pay drawn i.e. the pay drawn at the time of retirement from Defence Forces (prior to reaching the age of 55 years) has not been protected on their re-employment in the Central Government Departments like Railways etc. Federation also brings to your kind notice that such of those retired Defence Forces Personnel, when re-employed in the public sector undertakings (Central/State PSUs) they have been granted the benefit of pay fixation on the last pay drawn at the time of retirement from Armed Forces. Sadly, in the railways and in some other Central Governments Departments, similiar pay fixation benefit has not been extended, resulting dis-appointment and frustration among the re-employed armed forces personnel (retired).

In this connection, it is worth-mentioning that the National Federation of Indian Railwaymen (NFIR), a premier federation of the Railway employees, had taken up the subject at the level of Railway Ministry in the Permanent Negotiating (PNM) fora demanding pay re-fixation in favour of re-employed defence forces personnel on the basis of last pay drawn more particularly those who have been re-employed on and after 01/01/2006. On a reference made by Railway Ministry vide O.M. No. E(G)2013/EM 1-5 dated 07/12/2016, the DoP&T had however not agreed for reckoning last pay drawn for pay re-fixation on re-employment in railways. The Federation encloses a copy of Railway Ministry OM dated 07/12/2016 to the DoP&T and reply thereon received from DoP&T vide OM dated 21/02/2017.

Federation also brings to your kind notice that the DoP&T vide OM dated 18th Oct 2017 has since called for suggestions for finding single methodology for pay re-fixation of all the ex-servicemen including PBORs, commissioned officers, ex-competent clerks/storemen, NFIR vide letter of even no.dated 21/12/2017 has submitted valid suggestions to the Secretary, Ministry of Defence, Dept of Ex-Servicemen, Welfare, South Block, New Delhi for consideration. A copy of said letter is also enclosed for ready reference. In the said letter, the Federation gave following suggestions to the Ministry of Defence/DoP&T:

(a) Considering the role of Defence Forces Personnel in safeguarding the Nation’s integration, these personnel deserve to be given pay fixation on the basis of their lasy pay drawn on re-employment in the Railways and other Central Government Departments.

(b) Their pension needs to be totally ignored as the pension is the social security net in recognition to their loyal services to the nation.

(c) The PROBs are not Personnel of high rankings with higher wages, therefore their case needs to be considered with greater sympathy and for this said reason, their last pay drawn at the time of retirement from armed forces, needs to be treated as entry pay on re-employment in Railways and Central Government Departments.

(d) Alternatively, the number of year’s service rendered by the PBORs in Armed Forces be taken into account for granting pay fixation duly adding equal number of increments to the minimum pay of the re-employed post. This can be made applicable to all PBORs who have joined Central Government Departments after 01/01/2006.

(e) In those cases of PBORs retired before attaining the age of 55 years and got re-employment in Government Services, their initial pay on re-employment may be fixed at the minimum of the scale of pay prescribed for the post and after fixing the pay, in case the initial pay so fixed, is found to be less than the last pay drawn in the Armed Forces, all such cases may be treated as “cases of undue hardship” and in those cases, their pay may be re-fixed at higher stage duly granting one increment for each year of service rendered in the Armed Forces in order to bring their initial pay at par with the Pre-retirement pay. However, the pension already drawn by these Personnel need to be continued un-altered.

NFIR therefore requests the kind intervention of Hon’ble Prime Minister to see that the legitimate demand of the former Defence Forces Personnel is conceded and others issued soon.

Federation hopes to receive the communication from the Government on the outcome of the decision taken in the matter.

With kind regards,
DA/AS above

Yours sincerely

(Dr. M. Raghavaiah)
General Secretary

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National Federation of Indian Railywaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
Affiliated to:
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No. II/35/Part.XIV

Dated: 21/12/2017

The Secretary,
Ministry of Defence,
Department of Ex-Servicemen Welfare, Kind attention: Joint Secretary (ESW)
[D(Res-I)],
South Block,
New Delhi

Dear Sir,

Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts in Railways etc., – reg.

Ref: DoP&T OM F.No. 3/3/ 2016-Estt. (Pay-II) dated 18th October, 2017.

The Defence Forces Personnel (PBORs) have been put to grave injustice as their last pay drawn at the time of retirement from Defence Forces has not been protected on their re-employment in the Central Government Departments (Railways etc.,).

However, such of those Defence Forces Personnel retired from the Defence Forces and got re-employed in the Public Sector undertakings in the country have the benefit of pay fixation on last pay drawn at the time of their retirement from the Armed Forces. This reveals that the Forces Personnel re-employed in the Railways and other Central Governments Departments have been discriminated against.

The National Federation of Indian Railwaymen (NFIR), a premier Federation of Railway employees had taken up the subject matter at the level of Railway Ministry in one of the PNM meetings, demanding pay re-fixation in favour of re-employed Defence Forces Personnel on the basis of last pay drawn particularly those who were re-employed on and after 01/01/2006. Conceding the Federation’s demand, the Railway Ministry vide OM No. E(G)2013/EM 1-5 dated 07/12/2016 had sent proposal to the DoP&T, but however, the same was turned down. In this connection, Federation encloses a copy of Railway Ministry OM dated 07/12/2016 addressed to DoP&T together with the reply received from DoP&T vide OM No. 1213833/2016-Estt. (Pay-II) dated 21st February 2017.

The NFIR has now learnt that the DoP&T vide OM F.No. 3/3/2016-Estt. (Pay-II) dated 18th October, 2017 has sent proposal to the Department of Ex-Servicement Welfare, (Sena Bhawan) South Block, New Delhi, suggesting that sigle methodology for pay fixation of all the re-employed pensioneers including the PBORs, commissioned Officers, Ex-Combatant Clerks/Storeman etc., needs to be evolved, superseding the previous instructions contained in DoP&T OM dated 31st July 1986. The Department of Ex-Servicemen Welfare, is consulting the re-employed Defence Forces Personnel for eliciting their views before sending its views to DoP&T for its consideration.

NFIR now suggests to the Ministry of Defence to consider, the following valid points for taking up the matter with thr DoP&T:-

(a) Considering the role of Defence Forces Personnel for safeguardeing the Nation’s integration, these personnel deserve to be given pay fixation on the basis of their last pay drawn on re-employment in the Railways and other Central Government Departments.

(b) Their pension needs to be totally ignored as the pension is the social security net in recognition to their loyal services to the nation.

(c) The PBORs are not the Personnel of high rankings with higher wages, therefore their case needs to be considered with greater sympathy and for the said reason their lasy pay drawn at the time of retirement needs to be treated as entry pay on re-employment in Railways and Central Government Departments.

(d) Alternatively, the number of years service rendered by the PBORs in Armed Forces be taken into account for granting pay fixation duly adding equal number of increments to the minimum pay of the re-employed post. This can be made applicable to all PBORs who have joined Central Government Departments after 01/01/2006.

(e) It is also proposed that in those cases of PBORs retired before attaining the age of 55 years and got re-employed in Government Services, their initial pay on re-employment may be fixed at the minimum of the scale of pay prescribed for the post and after fixing the pay, in cases the initial pay so fixed, is found to be less that the last pay drawn in the Armed Forces, all such cases may be treated as “casses of undue hardship” and in those cases, their pay may be re-fixed at higher stage duly granting one increment for each year of service rendered in the Armed Forces so as to bring their initial pay at pay with the pre-retirement pay. However, the pension already drawn by these Personnel need not be meddled with.

NFIR trusts that the above suggestions may kindly be considered for inclusion in the proposal to be sent to the DoP&T. We shall be grateful if copy of the proposal sent to DoP&T is made available to the Federation to enable us to follow up the matter.

DA/As above

Yours faithfully

(Dr. M. Raghavaiah)
General Secretary

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. E(G) 2013/EM 1-5

New Delhi, dated 21st March, 2017

The General Secretary,
National Federation of Indian Railwaymen,
New Delhi.

Sir,

Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts – Regarding.

The undersigned is directed to refer to NFIR’s letter No.II/35/ Part XIII dated 23.11.2016 on the above subject and to state that with the reference to Board’s letter of even number dated 7/12/2016 addressed to DOP&T pursuant ot the discussion in the separate meeting on the issue held on 21/2/2016, DOP&T vide their OM No.1213833/2016-Estt(Pay-II) dated 21/2/2017(copy enclosed) have clarified that the pay of non-commissioned ex-servicemen(PBOR) who retire from the Defence Forces before attaining the age of 55 years is to be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the Direct Recruits appointed on or after 1.1.2006 without any protection of last pay drawn, in accordance with prevailing guidelines vide para 4 of OM dated 31.07.1986 as amended vide OM dated 05.04.2010 which provide for methodology of pay fixation on re-employment.

DA: As above.

Yours faithfully,

for Secretary/
Railway Board

*******

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training

North Block, New Delhi

Dated: 21st February, 2017

OFFICE MEMORANDUM

Subject: Initial pay fixation of re-employed ex-servicement who held post below Commissioned Officer rank in Defence Forces, retired before attaining th age of 55 years and have been appointed on re-employment basis in civilian posts – reg.

Ref: Railway Board, Ministry of Railways OM No. E(G)2013/EM1-5 dated 07.12.2016

The undersign is directed to refer to Railway Board, Ministry of Railways OM dated 07.12.2016 on above cited subject.

2. It is informed that the pay of non-commissioned ex-servicemen (PBOR) who retire from the Defence Forces before attaining the age of 55 years is to be fixed as per the entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recruits appointed on or after 1.1.2006 withour any protection of last pay drawn, in accordance with prevailing guidelines vide para 4 of OM dated 31.07.1986 as amended vide OM dated 05.04.2010 which provide for methodology of pay fixation on re-employment.

3. It is alos advised that in case, clarification/interpretation of any of the rule position is required, the proposal may be referred to this Department in accordance with the procedure laid down in this Department’s OM No.43011/9/2014-Estt(D) dated 28.10.2015.

4. This has the approval of Joint Secretary (GDT).

(Pushpender Kumar)
Under Secretary to the Government of India
Tel. No.2304 0489

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No.E(G)2013/EM 1-5

New Delhi, dated 7/12/2016

OFFICE MEMORANDUM

Sub: Initial pay fixation of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts – Regarding.

The undersigned is directed to refer to a demand by the National Federation of Indian Railwaymen (NFIR), a recognized Federation of Railwaymen, who have requested that the initial pay of non-commissioned ex-servicemen (PBOR) who are re-employed on the Railways should be fixed by taking into account the services rendered by them in the Defence Forces. They are insisting that the fixation done in the minimum of the scale of the re-employed post should be according to the procedure laid down in para 4 (b) (ii) of DOP&T’s OM s dated 31/7/86 as amended vide OM dated 11th November 2008, 5th April 2010 & 8th November, 2010. The Federation states that the content of these OMs clearly states that the Pay of re-employed former Defence Forces Personnel should be fixed as per Rule 7 of CCS (RP) Rules 2008 i.e. at the same stage of their last basic pay drawn at the time of retirement i.e. allowing one increment (in the post held as the time of retirement) for each year of service the ex-servicemen has rendered at the time of retirement with the proviso that the pay thus fixed does not exceed:-

(a) The pay drawn prior to retirement for non-commissioned officer of all three forces like Army, Navy and Air Force (Sub para 2 (ix) of Para 3 & Para 4 (b) (ii) of OM dated 31st July 1986 are relevant).

(b) Para 5 of DoP&T’s OM No. 3/13/2008-Estt.(Pay-II) dated 11th November, 2008 stipulated enhancement of existing ceiling of Rs.26000/- for drawl of pay plus gross pension on re-employment to Rs.80,000/- p.m..

2. However, their attention was drawn to the provisions in DOP&T’s OM No. 3/1/85-Estt.(Pay-II) dated 31st July 1986 and OM NO. 3/19/2009-stt.(Pay-II) dated 5th April 2010, governing initial pay fixation, inter alia, of re-employed ex-servicemen who held post below Commissioned Officer rank in Defence Forces and retired before attaining the age of 55 years and have been appointed on re-employment basis in the Railways. As per those orders, the initial pay of such re-employed pensioners is to be fixed in terms of provisions of Central Civil Service (Fixation of Pay Re-employed Pensioners) Orders, 1986 issued by Department of Personnel and Training vide OM No, 3/2/85-Estt.(Pay-II) dated 31/7/1986 as amended from time to time.

3. It is to be seen that revised provision contained in Para 2 of OM dated 5th April 2010 revising the contents of Para 4(d)(i) of CCS (Fixtion of Pay of Re-employed Pensioners) Orders, 1986 provides that in case of ex-servicemen who held post below Commisioned Officer rank in the Defence Forces and in the case of civilians who held posts below Group ‘A’ posts at the time of their retirement before 55 years of age, the emtire pension and pension equivalent or retirement benefits shall be ignored, i.e. no deduction on this count is to be made from the initial pay fixed on re-employment. Also, in terms of the Para 4(a) and Para 4(b)9i) of CCS (Fixation of Pay of Re-employed Pensioners) Orders, 1986, as amended vide DOP&T’s OM No. 3/19/2009-Estt.(Pay.II) dated 5/4/2010, the initial pay on re-employment of such pensioners shall be fixed as per the entry pay in the revised pay structure of the pensioners shall be fixed as per the entry pay in the revised pay structure of the re-emplyed post applicable in the case of Direc Recruits appointed on or after 1/1/2006 as notified vide Section II, Part A of First Schedule to CCS(Revised Pay) Rules, 2008. As is explicit, these instructions do not provide for protection of last pay drawn before retirement, in such cases. Therefore, the fixation of pay of re-employed ex-servicemen is being done accordinglty on the Railways.

4. However, the Federation does not agree with the above contention and desires that the pay of ex-Defence Forces personnel re-employed in Railways should be fixed in accordance with the clarification issued vide DoP&T’s OM dated 5th April, 2010 in Para 3 (iv) & (v) which contain clarifications duly stating that the pay of the ex-servicemen, re-employed in the Central Government Organizatios will be fixed in accordance with the provision contained in DoP&T’s OM No. 3/13/2008-Estt.(pay-II) dated 11/11/2008 after exercising option in the manner laid down in Rule 6 of CCS (RP) Rules, 2008 and the fixation of pay is to be regulated in accordance with the provisions of Rule 7 of CCS (RP) Rules 2008.

The Federation has further pointed out that the initial pay of a re-employed military pensioner and a direct recruit cannot be the same in view of the fact that the pay of the re-employed Defence Forces Pensioner is to be done as per the provisions of Rule 7 of CCS (RP) Rules, 2008 as mentioned in the DoP&T’s OM dated 11/11/2008 and not under Rule 8 of CCS (RP ) Rules, 2008 applicable to direct recruits – the two entrants being independent and have no co-relation with each other.

5. After protracted correspondence and discussion of the issue between NFIR and the concerned officials of this Ministry, as NFIR are still not convinced with the official stand on this issue and insisting on implementation of Para 3 (iv) and (v) of DoP&T’s OM. dated 5/4/2010. Hence, it was decided to refer the matter to DOP&T for clarification.

6. In the light of the pensition as brought out above, DOP&T are requested to clarify specifically as to whether the contention of NFIR that the pay of non-commissioned ex-servicemen (PBOR) who retire from the Defence Forces before attaining the age of 55 years, and are subsequently re-employed on the Railways should be fixed by taking into account the service rendered by them and last pay drawn in the Defence Forces, is in order, or the procedure being followed on the Railways i.e. fixing the pay of such re-employed ex-servicemen as per the entry pay in the revised pay structure of the re-employed post applicable in the case of Direct Recurits appointed on or after 1/1/2006, without any pay protection is correct.

7. An early reply in the matter is solicited.

(S.Pal)
Jt.Dir.Estt. (Genl.)

Shri A.K. Jain,
Deputy Secretary (Pay),
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel and Training,
North Block,
New Delhi.

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