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v

Controller - DC/JCM Item No.2512004.

round of litigation u"r"l. tr'. cJilffi'fid;:;h;";"t c;uii;i"ffi;;rh;;.,poij;'l'1f' fuq

**F?ffi=- ' R ffiY,

I am directed to ref'er to the minutes in the above item in the DCYJCM (Railwavs) ' >-l\meeting t"il;;* ai;'' il;., lolt*i'#;T#;ffiilffiil#i. *'lu"ffi'l .W*{to Board for consideration and to state that the Frle was put up tc Board on 21.12.12 andit fr"was decided to await the outcome of an SLP, on the same issue, $@5gS beforeg$e ;ne{f)Hon'ble Supreme Court of India before taking a final view.

,,:, /: . .,_r,:,, / o^, , l '2. The SLP case referred to above was bet\,veen UOI & B. Banerjpe. In this case the fY ,rX"question was regardhg. ,F determination whether the respond..nJ SG*F. Banerjee .u n. Wquestion was regarding the determination whether the respondent Shrl*.B. Banerjee o n JYgmedically decategorised driver, working as a crew conholler with statid$ary dulies, is$t{'' { .entitled to allowance in lieu of kilometreage (ALK). The Central Administrative Tribural $9J) #gby its order dated 10.02.2011 answered thJquestion against the respondent which led to uAA$ ^ t

was entitled to the allowance in question,fte SLP was converted to Civil Appeal number7298 of 2013 and was allowed vide order dated 6.9.2013 (copy enclosed;.

3' A background note on the issue, for appreciation of the facts, is enclosed herewith.In view of the position brought out in the bachground note and also in view of thejudgement of the Hon'ble Supreme Courl of India, the demand of the staff side to giveALK to the erstwhile running staff who have bben medically decategorised and posted asPower/Crew Controllers cannot be considered *y further.

-4: We should gru..ffi u"r.piih. Judgement of the Hon'ble Supreme Courr.

Yours faithfully,

for Secre /Railway Board.

Y.IJI

,1 '4 y ,

'rl:rlii':il:::i'1.:1$

@ Nafional Federntiott of tnrtian noifuuynnr, 1N.nt.R13, Chelmsford Road, New DelhL

Copy of Railwoy Bourd's letter No' E(P&A)\I-2004/RS-5 rtated 2I/03/2014 together with its encrosures isforwarded to the General secretaries ofZonalUttions of NFIR for offering commenis early.

Copy fotwarderl to the General secretary/sCRES, secunderabad to entrust the iob of studying the issue by Mr Narayana Rao & sh rrinadha Rao dnd tosubmit report eorly.

N 0,... !.Y1.85- 4 "Q 19 p t r sI !.y.

(/:

File No. 25/2004 (DC) with Railway Board's letter dnted 2l/03/2014 and its enclosures.

Dffi!,I4

sf"u(M.Raghavaiah)

General Secretary,

I

SECTION X\TIITEM NO.1A

I'NION OF ITIDIA & ORS.

VERSUS

COURT NO.14

S U P R E M E C O U R T O F I N D I ARECORD OF PROCEEDINGS

CML APPEAL TgO(s) . 7298 OF 2013

Appe l lan t (s )

B.BAIIERiIEE Respondent (e)

Datez 06 /09 /2013 Th is Appea l was ca l led on fo rpronouncement of iludgrment today.

For Appel lant (s)Mr. Mohan .Tain, ASGMr. DeePak .Jain, Adv.Mr . D.K. Thakur , Adv .Mr. Prabhat Kumar, Adv.Ms. i lasPreet Aulakh' Adv.Mr. Alakh A. Srivastava, Adv.Mr.Mohit Garg, Adv.! l r . Shreekant N. Terdal- 'Adv-

For Reapondent(s)Mr. Tayenj a.ut Mono Singh,Adv.

UPON hearing counsel- the Court made the followingO R D E R

Honrbl-e Mr. i lust ice Ranjan Gogoi pronounced the

reportable judgrment of the Bench comprising Hon'ble Mr.

ilustice Sudhansu ilyoti Mukhopadhaya and'His Lordship.The appeal is allowed in terms of the signed

reportable judgrment.

(Neeta) (usha Sharma)SR. P.A. COURT MASTER

(Signed reportable judgrment is placed on the f iLe)

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 7298 OF 2013(Arising Out of SLP (C) No.3446 of 2Ot2)

Union of India & Ors. Appellant(s)

Respondent(s)B. Banerjee

J U D G M E N T

RATTJAII GOGK)r, J.

1. The precise question that arises for determination in the

present appeal is whether the respondent, ' a medically

decategorised Driver of the Indian Railways, working as a Crew

Controller with stationary d.uties, is entitled to allowance in

lieu of kilometerage (ALK). The Central Administrative

Tribunal by its order dated LO.O2.2O11 answered the question

against the respond.ent which led to a round of litigation before

the Calcutta High Court. The High Court held that the

Versus

2

respondent was entitled to the allowance in question.

Aggrieved, the Union has filed this appeal.

2. The basic facts that would require notice are not in

dispute. The respondent while serving as a Diesel Driver

(Goods) Grade-II was found unfit to work as a Driver in a

special medical examination that was held on 5.1.2005. He

was, however, allowed to work as a Crew Controller. The said

post, though involved performance of stationary duties was

included in the cadre of Driver in terms of Railway Board

Circular No.9/98 dated 09.01.1998. Regular Drivers, in

addition to medically decategorised Drivers like the

Respondent, were also drafted to perform the duties of Crew

Controller. Both categories of employees i.e. regular Drivers

and medically decategorised Drivers in the post of Crew

Controller were being paid ALK. A subsequent Circular

No. 1 2 I 2OO4 dated 14.OL.2OO4 was issued to make it clear that

medically decategorised Drivers allowed to perform duties of

Crew Controller were ineligible to the grant of any benefit

specifically admissible to the running staff on the premise that

such decategorised Drivers ceased to be running staff.

3

Accordingly, it was clarified that the benefit of allowance in

lieu of kilometerage (ALK) is not admissible to medically

decategorised Drivers working as Crew Controllers. Following

the aforesaid clarificatory circular No.r2 /2ooa dated

L4.or.2oo4, the respondent who was drawing ALK was denied

further benefit of the same which led to the institution of the

proceeding before the Tribunal. The Tribunal, as it appears

from its order dated Lo .o2.2o1 1 , took the view that following

his medical decategorisation the respondent ceased to be a

running staff and as he had been performing stationary duties

he is not entitled to an]r Running Allowance. The High court,

on being approached by the respondent, however, took the

view that even after his medical decategorisation the

respondent continued to remain in the cad.re of Driver (the

said cadre included the post of crew controller). Hence, he

was entitled to ALK. Accordingly, the impugned directions

have been issued which have led to the institution of the

present appeal by the Union.

We have heard the learned counsels for the parties.3.

4.

will

4

To appreciate the issues arising in the present appeal, it

be necessary to notice the relevant provisions of the

Running Allowance Rules (1981) as embodied in the Indian

Railway Establishment Manual - Volume-I (Revised Edition

1e8e).

5. Rule 9O2 (2)(1ii) defines "running duties" to mean "duties

directly connected with the movement of trains and performed

by running staff while employed on moving trains or engines

including shunting engines".

Sub-rule (iv) of Rule 902 is in tl e following terms:

"(1v) "Running staff' performing "runningduties" shall refer to Railwav servants of thecategories mentioned below:

Loco Traflic

(a)Drivers, includingMotormen & Rail MotorDrivers but excludingShunters.

(a) Guards

(b) Shunters (b) AssistantGuards

(c) Firemen, includingInstructing Firemen,Electric Assistant onElectric Locos and Diesel

Assistant/Drivers.Assistants on Diesel Ixicos.

"Running Allowance" as defined in sub-rule (v) of Rule

902 is extracted below:

"(n) "Running Allowance" means an allowanceordinarily granted to r'unning staff in terms ofand at the rates specified in these rules, and/ormodilied by the Central Government in theMinistry of Railways (Railway Board), for theperform€rnce of duties directly connected withcharge of moving trains and includes a"Kilometrage Allowance" and "Allowance in lieuof kilometrage" but excludescompensatory all owances."

special

6. Rule 9O3 which is quoted below makes it clear that 30%

of the basic pay of the running staff is required to be treated

as representing the pay element in the Running Allowance:

"9O3. Pay element in Running Nlowance:-30% of the basic pay of the running staff will betreated to be in the nature of pay representingthe pay element in the Running Allowance. Thispay element would fall under clause (iii) of Rule13O3-FR-9 2I(al i.e. "emoluments which arespecially classed as pay by the President".

6

7. Rule 9O5 deals with the types of allowa.nces admissible to

running staff and is in the following terms:

"9O5. Types of Allowances admissible toRunning Staff:-Running staff shall be entitledto the following allowances subject to theconditions specified by or under these rules:

(i) Kilometrage Allowance for the performanceof running duties, in terms of and at therates specified in these rules.

An allowance in lieu of kilometrage (ALK)for the performance of stationary dutiessuch as journeys on transfer, joining time,for attending enquiries or law courts onRailway business, attending departmentalinquiries as Defense Counsel or witness,Ambulance classes, volunteer duty inconnection with Territorial or other similarFund and Staff Loans Fund Committees,meeting of Railway Institutes, Welfare andDebt Committees, Staff Benefit Fund andStaff Loan Fund Committees, Staff andWelfare Committees, for attending themeetings of Railway Co-operative Societiesin cases where special casual leave isgranted for doing so, medical anddepartmental examinations, participatingin recognized athletic' contests andtournaments, scouting activities and LokSahayak Sena Camp, representingrecognized labor organizations, attendingperiodical meetings with District offices,Heads of Departments and GeneralManagers, attending First-aid classes,undergoing training in carriage sheds andas worker teacher under the Workers'

(ii)

7

Education Scheme attending trainingschools for refresher and promotioncourses, undergoing sterilization operationunder Family Planning Scheme appearingin Hindi Examination Guards booked onescort duty of treasure and other insuredparcels on trains, Drivers and Firemenwhen kept spare for a day or two to enablethem to examine and clean the enginesthoroughly before being deputed to workspecial trains for VIPs, or any other dutieswhich may be declared in emergencies asqualifying for an allowance in lieu ofkilometrage.

(iii) Special Compensatory Allowances

The running staff are eligible for the followingcompensatory allowances under thecircumstances and at the rates specified inthese rules:

(a) Allowance in lieu of Running Roomfacilities.

(b) Breach of rest allowance.

(c) Outstation (Detention) Allowance.

(d) Outstation (Relieving) Allowance.

(e) Accident Allowance.

(in) An official Alrowance when undertakingduties in higher grades of posts open to runningstaff or in stationary appointments.,,

8. Rule 9o7 which dears with allowance in lieu of

kilometerage (ALK) is in the following terms :

n

"9O7. Allowance in lieu of Kilometrage (ALKI

When running staff are engaged in or employed on

non-running duties as specified in Rule 3 (ii) above,

they shall be entitled to the payment of an allowance

in iieu of Kilometrage as indicated below for every

calendar day for such non-running duties as may be

required to be performed bY them:

(a) when such non-running duties are performed

fy the running staff at their headquarters, they shall

be paid the pay element of the Running Allowance,

namely, 30% of the basic pay applicable for the day'

(b) When such non-running duties are performed

fy the running staff at outstations, they shall be paid

ALK at the following rates:

S .No.

Category of RunningStaff

Newscales ofpay

Revised ratesof ALK (160krn.) per dayw.e.f.1 -1 1 -1986*

1 . Mail Driver 1640-2900 45.20

2 . Passenqer Driver 1600-2660 4 5 . 1 0

3 . Goods Guard 1350-2200 45.05

4 . First Fireman/Diesel Asstt/ElectricAsstt.

950-1500 30.90

5 . Second Fireman 825- 1200 26.25

6 . Shunter 1200-2040 33.05

7 . Mail Guard 1400-2600 36.95

8 . Passenger Guard 1350-2200 36.90

9 . Goods Guard L200-2040 36.80

9

10. Assistant Guard/Brakesmen

950-1400 22.OO

9. From the provisions of the Running Allowance Rules,

extracted above, it is abundantly clear that only a specific

category of employees in the Railways like Drivers, Motormen,

Firemen, Guards, Assistant Guards etc. who constitute the

running staff and such staff who are directly connected with

the movement of trains perform running duties. Running

Allowance under the Rules is required to be paid only to the

running staff who are engaged in the perform€rnce of duties

directly connected with the movement of trains and such

allowance includes kilometerage allowance or allowance in lieu

of kilometerage (ALK). While kilometerage allowance is to be

paid for performance of actual running d.uties, the allowance

in lieu of kilometerage (ALK) is to be paid to such members of

the running staff who are temporarily required to perform

stationary duties. The rules also make it clear that 30% of the

basic pay of the running staff is required to be treated as

representing the pay element in the Running Allowance.

Those members of the running staff who are employed on non-

l 0

running duties are paid the aforesaid 3Oo/o of the basic pay if

such non-running duties are performed at the headquarters

whereas in case such non-running duties are performed by

the running staff at outstations they are required to be paid

ALK at the rates prescribed by Rule 907(b). It is thus clear

that no Running Allowance i.e. either kilometerage allowance

or allow€rnce in lieu of kilometerage is contemplated for any

staff, including erstwhile members of the running staff,

pennanently engaged in performance of stationary duties.

Running Allowance of either description is required to be paid

only to members of the running staff who are directly engaged

in actual movement of trains or such staff who are temporarily

assigned stationary duties but who are likely to go back and

perform running duties. The respond.ent does not fall in either

of the above two categories.

10. The retention of decategorised Drivers working as Crew

Controllers in the original cadre of Drivers by the Railway

Board's Circular No.9/98 dated O9.O 1. 1998 and their

entitlement to Running Allowance (ALK) has to be understood

in the above context. The aforesaid inclusion, which is wholly

t t

fictional, cannot confer any benefit contraqr to the express

provision of the Running Allowance Rules inasmuch as a

decategorised Driver working as a Crew Controller is not a

member of the running staff or engaged in performance of

running duties as delined by the provisions of Running

Allowance Rules. The above position has been made

abundantly clear by the Railway Board Circular No.L2l2OO4

dated l4.OI.2OO4, details of which have already been noticed.

11. There is yet another aspect of the matter which would

require a mention. Under Rule 903 of the Running Allowance

Rules, as noticed above, 3Oo/o of the basic pay of the running

staff represents the pay element in the Running Allowance.

Therefore, in case of medically decategorised Driver, like the

respondent, the said component being a part of the pay drawn

by him as a running staff has to be protected. The s€une

apparently has been done as is evident from the rejoinder

affidavit of the Union. The above act of the appellants also

ensures compliance with the provisions of Section 47 of the

Persons with Disabilities (Equal Opportunities, Protection of

Rights and Full Participation) Act, 1995 which entitles the

t 2

respondent to receive the pay and service benefits earlier

drawn by him. The Running Allowance to which the

respondent was entitled while he was a member of the running

staff has been protected as a part of his pay in the post of

Crew Controller. In such circumstances, any further grant of

ALK will not be justified.

12. We, therefore, hold that the High Court was not justified

in issuing the impugned directions for grant of ALK to the

respondent. The order of the High Court dated 20.06.20 1 1 is

therefore set aside and the appeal is allowed.

' " " " " i;;ffiffi$ i'y-;il' " "" "'

o " " " "J'MUKHOPADHAYAI

NEW DELHISEPTEMBER

" " " "' [;;i;;;ii' ;;;;;i

" " " o " o " " " " " "J'

06, 2013

Background Note on the issue of Denial of Allowance in Lieu of Kilometreageto the medically decategorised drivers drafted to perform duties ofPower/Crew Controller.

1. Both the recognized federations have been demanding grant of allowance in lieu ofkilometreage (ALK) to the erstwhile running staff who have been medically decategorisedand posted as Power/Crew Controllers.

2. It is important to appreciate here that the scales of pay applicable to the runningstaff are deemed to be depressed meaning thereby that had there been no scheme of runningallowance, the running staff would have been allowed normal scales of pay like the otherrailway employees and would have been eligible for TA/DA.

2.1 As such, the running staff earn apafi of their pay through the instrument of runningallowance (I(M{ALK etc.) as it includes a portion of the pay, traveling allowance andout-of-pocket expenses as their duties generally involve their absence from headquartersand as Travelling Allowance is not admissible to them. The deemed depressed portion ofthe pay is made good by payment of KMA/ALK and the provisions of Rule 924 of IREM-Vol.I (1989 Edition) and accordingly 30o/o of the basic pay of running staff is reckoned aspay for fixation of pay when a running staff is posted in stationary posts.

2.2 It may also be appreciated that ALK is a type of running allowance which isspecifically admissible to the running staff alone when they are posted to perform specifiednon-running duties. This is on the consideration that when the running staff are put on thespecified non-running duties, they should be compensated for the loss of kilometreageallowance.

3. Initially, in the scheme introduced as per Board's letter dt. 25-ll-1992, erstwhilerunning staff that had been medically decategorised were not allowed to participate in thesaid scheme. Only Special Pay was admissible to Power/Crew Controllers in the scheme of25-11-1992. ALK was also not admissible to them. Subsequently, vide letter dated 16-5-1996, drivers who were medically decategorised upto Class C-l were made eligible for thepost of Power Controller only without benefit of special pay or any of the benefitsadmissible to Loco Inspectors and Crew Controllers.

3.1 The scheme was further reviewed and modified vide Board's letter dated 9-1-1998to the extent it related to filling up the posts of Power/Crew Controllers. This schemeprovides that these posts will be filled up by drafting running'staff on tenure basis who willbe eligible for payment of ALK @ l2}k:rnslday andthey would continue to progress in therunning cadre and would also be subjected to all the terms and conditions of services asapplicable to running staff. Under these amended provisions, ALK is allowed to the driversselected to work as Power Controllers/Crew Controllers in consideration of the fact thatthey are running staff and have been put to stationary posts/duties. The tenure forperformance of duties as Power/Crew Controllers is three years after which they go back totheir running posts.

3.2 As per this scheme erstwhile running staff who have been medically decategorisedwere also made eligible to be posted as Power/Crew Controller. The tenure rule of threeyears is not applicable.to the medically decategorised running drivers. However, if their

performance is not found satisfactory, in addition to action under D&AR, as they cannot goback to running duties, they are to be considered for alternative jobs following the rulesapplicable to medically decategorised employees. It is pertinent to mention here that otherthan the posts of Power Controllers/Crew Controllers, there are other stationary posts alsowherein medically decategorised drivers can be redeployed.

4. As per Rule 1303 of IREM-I (1939 Edition), railway servants cease to perform theduties of the posts they are holding from the date they are declared medically unfit for thepresent post. . Therefore, medically de-categorised running staff are not capable ofperforming running duties and thus they cease to be running staffand in consequence theyare not entitled for any type of running allowance specifically admissible to running staff.

4.1 However, such staff who are not entitled for running allowances, still have thedeemed depression in their pay. To make good this depression, 30o/o pay element isreckoned for fixation of pay as per Board's letter no. EOIG)V96lRB3Dej dt. 2g.4.199g.This also firlfills the provision in Rule 1303 of IREM-I (1989 Edition) for giving the samepay scale and service benefits while the medically decategorised staff is put on asupermrmerary post as a temporary measure.

4.2 This position has been reiterated vide Board's letter no. E(P&A)II-20021R5-24 dt.14.1.2004 and28.4.2004 and more recently vide Board's letter no. E(NG)I-2009/RE-3/9 dt.11.8.2010. There has been no change in the policy on the subject, rather the instructionsregarding inadmissibility of ALK to the erstwhile running staff who are medicallydecategorised and their pay fixation reckoning the pay element had to be reiterated becauseof divergent views taken by some of the zonal railways.

5. The Staff side was repeatedly impressing upon the Board to review the instructionscontained in the letters dated 14.I.2004 and28.4.2004 on the ground that these instructionsare violative of the agreement reached with the Federations while issuing instructions dated9.1'1998 and also of Para 2(d) of the letter dated 9.1.1998 which provides that Driversdrafted to perform duties of Power/Crew Controllers will be eligible for payment of ALKof 12Okms/day. The Federations are accordingly demanding that ALK may be granted tothe erstwhile running staff who have been medically decategorised and drafted to performthe duties of Power/Crew Controllers.

5.1 In this regard, it is stated that the contention regarding any agreement or assurancehaving been given to the Staff side for pal,rnent of ALK to tn"

"rrt*ht. running staff who

have been medically decategorised and drafted to perforrir the duties of power/CrewControllers had been examined and the Federations had also been advised vide Board,sletter of even no' dt. 13.11.2006 that despite thorough examination of records in this office,hands could not be laid on any such document that substantiates the contention that therewas an understanding with the staff side to pay ALK to the medically decategorised staff.It was also advised therein that in case any such documents are available aitheir end, acopy each thereof may be sent to this office for record and also necessary action. However,there has been no such response from the staffside.

6, The issue was considered by the Board in its meeting held on 17th January,2012and as per the extracts of the minutes of the meeting Board had decided that this cannot bemade admissible.

7, The case was once again put was put up to the Board on2I.I2.2012 when it wasdecided to await the outcome of an SLP, on the same issue, pending before the Hon,bleSupreme Court of India before taking a final view. The SLP case was between UOI & B.Banerjee. In this case the question was regarding the determination whether the respondentShd. B. Banerjee a medically decategorised driver, working as a crew controller withstationary duties, is entitled to allowance in lieu of kilometreage (ALK). The CentralAdministrative Tribunal by its order dated 10.02.2011 answered the question against therespondent which led to a round of litigation before the Calcutta High Court. The HighCourt held that the respondent was entitled to the allowance in question. The SLp wasconverted to Civil Appeal number 7298 of 2013 and was allowed vide order dated6.9.2013.

7.1 The concluding paragraphs of the reportable judgement (copy enclosed) arereproduced below:

"10. The retention of decategorised Drivers working as Crew Controllers inthe original cadre of Drivers by the Railway Board's Circular No.9/98dated 09.01.1998 and their entitlement to Running Allowance (ALK) has tobe understood in the above context. The aforesaid inclusion, which iswholly fictional, cannot confer any benefit contrary to the express provisionof the Running Allowance Rules inasmuch as a decategorised Driverworking as a crew Controller is not a member qf the running staff orengaged in performance of running duties as definid by the privistiis ofRunning Allowance Rules. The above position has been made abundantiyclear by the Railway Board Circular No.12/2004 dated 14.01.2004, detailsofv,hich hove already been noticed.

11. There is yet another ospect of the matter which would require amention. under Rule 903 of the Running Allowance Rules, as noticedabove, 30% of the basic pay of the running staffrepresents the pay elementin the Running Allowance. Therefore, in case of medically decategorisedDriver, like the respondent, the said component being a part of ihe paydrawn by him as a running staff has to be protected. The same apparintiyhas been done as is evident from the rejoinder ffidavit of the Uion. Theabove act of the appellants also ensures complignce with the provisions ofSection 47 of the Persons with Disabilities (Equal Opportunities, Protectionof Rights and Full Participation) Act, 1995 which entitles the respondent toreceive the pay and service benefits earlier drawn by him. Thi Runnine

the

12. We, therefore, hold that the High Court was not justified in issuing theimpugned directions for grant of ALK to the respondent. The order iy tlpHigh Court dated 20.06.2011 is therefore set aside and the appiat isallowed."

8. In this connection, the staff side as well as Western Railway had raised anotherissue as to how the settleinent of medically decategorised running staff is to be done if such

a staff retires (voluntarily or on superannuation) while working on special supermrmeraryposl before posting on stationary post or if he retires (voluntarily or on superannuation)while working on a special supemumerary post due to non acceptance of offer of posting ina stationary post.

8.1 When a running staff is medically decategorised, he is placed on a supemgmerarypost and his pay is fixed after adding 30% pay element from the date he was medicallydecategorised. Provisions for this already exists in the Running Allowance Rules and it wasreiterated vide. Board's letter no. E(P&A)II-2002IRS -24 dt. 14.01.2004 and dt. 28.04.2004and more recently vide Board's letter no. E(NG)-V2009:RE-319 dt.05.10.2011 (copiesenclosed). Therefore, when a running staff is medically decategorised, he is placed on asupernnmerary post and his pay is fixed after adding 30Yo pay element from the date hewas medically decategorised. If such an employee who is no more a running staff retiresvoluntarily or on superannuation, his settlement can be done without any furti'er reckoningof pay element. Western Railway was advised accordingly vide Board's letter of evennumber dated 08.10.2013 (copy enclosed).

* * * * *

NoE(P&A)II-2004/R$s

The General Manager; FA&CAO,Western Railway,Churchsate. Mumbai.

Copy to :

qRiil :F{if,IT GOVERNMENT OF II\IDIAtf, {ililq MrNrs,rRy oF RArLwAys

( tdrt *€ neu,way BoARD)

--.:trffi )

-,..4\%>--

New Delhi, dated &10-2013.

[Attn : Sh. S.B. Marshale, Dy. CpO (Vy)l

Sub.: Query of WR for 55Yo pay element benefib to medically decategoriseddrivers *-ho retire voluntarily or on superannuation.

Ref. : Railway's letter No EM t6n :$".":)

Vot,_I, dt. 1g.07.2013.

It may be recalled that WR in their letter dated 17-05-201I had raised the following queries:

"It may kindly aly be clarified as to how the settlement of medically decategorisedrunning staffis to be done in case of Loco Running Stqff:

1(a) If retired (volmtarily or superanmtation) while working on special supernumerary

post fufore posting on stationry post.(b) If retired (vvlutuily or n4teranmtdion) whik working on special supernumerary

p$ Ae b rpn rccept@te of ofer ofposting in a stafioltary i^r,,.

. The above queries have already been addressed to by Board's letter No. E(Nc)-v200glRE-3/gdated 5-10-201l. In this letter it has been stated that the pay of medically oecategorised runningstaffwhile they are kegt o1 supernumerary posts i.e. from the date, they are ieclarediredically unfiitill the date they are absorbed in suitable aliemative posts, needs to be suitibly fixed by addition ofthe pay element of running allowance as may be in force. As per Board'i letter No. E(p&A)-IV2005/RS-34 dated 26'12-2008, the pay ellment for specified benefits excluding retircmentbenefits for the running staff is 30%. After such pay fixation of the erstwhile runninf staffwho aremedically decategorised, the question of reckoning of pay element agaih does not arisJ.

Therefore, when a running staff is m^edically decategorised, he is placed on supemumerarypost and his pay is. fixed after adding 3Ao/o pay elem-ent from the'date he was medicallydecategorised. If such an employee who is no

- more a running staff retires voluntarily or onsuperannuation, his settlement should be done without any further rickoning of pay element.

Director Estt. (p&A)Railway Board

lndian Railways except WR for

a''

(IC Shankar)Director Estt. (P&A)

Railway Board

il.hn"of All

-("i -> /

a" "t'/'

GOVERNME}IT OF INDI.AMIMSTRY OF RAILWAYS

(MrLwAY BOARD)

No. E(NG) t -2009 IRE-3 / 9

The General Managen (p)All Indian Raitways andProduction Units etc.(As per standard list).

New Delhi, dated 0i.t0.201I

T *

fr,.sub:- Fixation of pay of medicalty decategorised running sraff while kept onsupernumerary posts - cranting benefits of running ailowanceRegiarding.

Thc questiol of fixation of pay of medicalty decategorised running staff for thep€riod from the date they are declarea unfit till their final absorption in altemativeappointnent i'e the penod during which they are kept on supernumerary poslfor want ofsuitable altcrnaive posts due to which it h8s not uoo possible to adjust the ernploydesconcerned immediately, has been engaging attention of the Board for quite some time.

2' The matter has been considercd by the Board and it has been decided that the pay ofmedically decategorised running staff while they arc kept on sup€rnumerary posts i.e fromthe date' they are decfared medically unfit till the date they are absorbed in suitablealternative posts, nTd: to be suitauiy nxea by addition of the pay eremen, # ;fi*allowance as may be in force. Their pay during trri, p"rioJwill be fxed based on their pay inPay-Band and Grade Pay plus pay-etement of running ailowance as may be in force. Assuch' supernumerary posts wherever found necessary iray ue created at appropriate levef.

iffrjffi:on of pay in such a manner' no allowance in rieu of kilomeierage shatt be

3' However' it is reiterated that there should be minimuln detav in redeployingmedically decategorised nrnning staff ag_ainst utt",o"ti,r" posts. Serious efforts should bemade to locate suitable.altematiie 6;rt?;;;il',oril;,,',tiatery and at the most within aperiod of three months. - Any ult

"sonuble delay ;;;; be avoided. It will be theresponsibility primarity of the officer under whom ttre-.L"c"med Railway servanr wasdirectly working to fini a suitable joi for him.

4' The instructt:T.fu' fixation of pll of medicatly decategorised running staffon theirabsorption in suitabre arternative potir tlirr be issued separatery.

- 2 -

This issuc with the concurenoe of Finance Directorate of Raitway go;.

Pleasc acknowledge receipt.

Hindi version will follow.

No.E(NG)I -zoos /RE_3 / s

Copy forwarded to:_

Deputy Director EstRailway B

New Delhi, dated 05.10.,

l' The cenerar secre-tary' otl^t:lil Rairwaymen,s Federation, Room No.25.Rail Bhavan, New Delhi (3i copresl.

2' The Generar.-SRretarr, Nationar Federation of rndian Rairwaymen, RoorNo.256-E, Rail Bhavan,'N"r"O"ft i ififfi;..3' All Members' Departmenhl.council and National council and secretary, stafSide, Nationat Colncit, r3_4, F"r;r;rd iilil'iJr* Dethi (60 spares).4'

I::rf;:1ffi,ff3;n:^[T"ffi,r"lo3lir orncers Association, Room5' The secretary_Generar, Indian.Rli-twar promotee officers Association, RoomM.268, Rail Bhavan, New6ethi (s r;;;.;...",-,6' The ceneral

I":.Yry, All tndia RpF Association, Room No.256-D, Rail

7 il::*..*iilJ:H ̂ ,";_,;:""*o", *",, Bhavan, *,* o",n,8. The Secretary, RBSS Group .8, Oflicers Association, Rail Bhavan, New Delhi.

l^ *;i**tary' Railway Board Ministeriar SraffAssociation, Rair Bhavan, Newl0'

ffittrffiP' Railway Board Group'D' Emproyees Association, Rair Bhavan.

I r' ffi ii'fiH:$J*?f,:ard Promotee ofricers Association, Room No.34r-c.

12. Chief Commissioner of Railway Safery, Lucknow.l3' Advise(safety), Rait*ay Board, New Derhi.14' The Director cenerar & Ex oflicio Generar Manager. RDS., Lucknow15,i5#ntiJi:fi|;olJ;1,:gi 3"ff1?lffitt Aurhoritv, Near sardarjung

5.

qRaT{?5IT govERililElttT oF ltilDlA

IA{TTdr{t ffiiIE IRY OF RAILWAYS(H#' EoARD)

ns€tlo. ?lz2ooa

tro.E(P&A)lt 2OO2/F&.24 lfew Defhl, dated 2!B+2OO1-

ilre Gcnenl tanagerl/GAOaAll lndbn.Ralhrayr & Flodtdon Unlte

suqect: Eengftta admbcbbto t|ed|ca|ly decatediDtbgd dr|vers draftcdtoporformthedutbso|Powt/Crewcontro||ers.

Pfease refer to Board's ,"n", ", "*n

number L+L'2AOLon the above

subiect.

2. tt is clarified that pay fixation of the medically decategorised. drivers

drafted to perform tn" Anti* of Power Controllers/Crew Controllers is to be

regulated in aceordance with the instructions contained in Board's letter

No. etirs)t/96/RE3/9(2) dated 2$4'1999'

I

3. Thb 'lssues with the concurence of the

Hinistry of Railways.

1. Please acknowledge receipt'

tfo.(P&AIl;2ofn/H}.24

of the

( PARYEZ)Dy.Director, Pay Commlss,siorrl ll'

Railway Board.

tlew tlelhl, dated ze4 '2fi!4.

Finance Directorate

nt /t /n

\|4--<g,-

Copy (with 4O spares) forwarded to the DepltY Comptroller and Auditor

General of-lndia (Railways), Room No.224, New DelhFllOOOl-

<rNaa.____-__for Financiat Commissioner/RaifrrayD

No.E(P&A)f ts?fn2/s*24CoPy forwarded to :

Itle.w llefhi, dated z9-$20{X..

(i) The FA & CAOs, all.lndian Railways & Production iUn(ii) The Chief Cornmissioner of Railway Safety, Luckr\o

( PARVEZ)Dy.Director, Pay Commis-ssionlll'

Railway Board......2/-

Pteasere fer to the^ ins t ruc t ionscont 'a ined inPara2(g)o fBoard 'stetter No.E(P&AliisJ/ ns- 1 0 dated 9-1'1998'

T . l t hascome tono t i ce tha tonso rnec | i v i s i ons in t i r eZona lRa i lways 'attowance in ff- oi xitorelrlase ii

-u"ing'-aitowed to medicatty

decaregorised ';ri"";;

lrirt"i'-;;- n"1rgrt' the duties of Power

conuotterslcrevi'io]i,irotters, in t"*r-& tne auove instructions'' ln this

ionnection, it is brought ao yori' noti.", that-iloicuttv decategoriced

drivers drafred ro perform. Iil 'l-ui[

oi Power iontrotters/Crew

controtteo, ..ur"'to G-*n1iLs riori-ir.o, thergfore, are not -etigible to

any benefi. ,oJ-nJrtl-"o,nio'i...l; tir"-i*"ir& rt"rr. Accordingrv, the

a'owance In ii", .it r.*omeii""r;F-ioaitiln' in basic pav for

computation oii.iirement--b.nziitt is noi aomissible in such

cases, The pay of the mediiatty decateg"tit"J Jiitttt on such '

drafting, has "l'o ""tt"u'iiv"it-9.9 ^1i=;a

a5' per the extant

instructions governlng..fixatiori of pay of tn'"aiiutrv decategorised

drivers "ppoihteO

in "Jt"rnative

stationary posts' ' '

, 3 . T h i s i s s u e s w i t h t h e c o n c u r r e n c e o f t h e F i n a n c e D i r e c t o r a t e o f t h e

No, g(Pdtl)ll- 2oO2lR5''24

The General ManagettlGA9t'-, - -iiir"atJ"

-n"ir*"yt- ft Production units'

Subject : Benefits admissible to

drafted to PerformControllers.

. h ' t - ' t + ' F

Ministry of RaitwaYs'

4. Ptease acknowtedge receiPt'

No. E(P&A) | l- 2Oo2lRS-24

o,o,,"lTJn jHi:#.%ili[::l-:"ff :[51

MedicallY decategorised dlivers

the duties of Powerlgrew

qrfdTr{-'5'r{ GOVERNMENT OF INDIA

tfidTrcrq i,{lNlsrRY oF RAILwAYS

(H*g MILwAY BoARD)

New Delhi, dated

-/.,/

RBE No. f2 /2004

lq -1-2OO4'

rc the DePutY ComPtrotterNo.iza, Nlw bethi-l 10001'

n l

W( Nadira Razak) '

Joint Director, Estt'(P&A) '

RaitwaY Board' ,..*

for financi at Commissioner / Rai

a r r. t \. -J l -

GOVETTNMENI] OF IN I}IA/I}IIAITAT lIA III{A IIIvltNls'rt tY Oli ITAII,WAYS/IIAl t , n'IAN'i I t / \ l .A] 'A

( l t^ l l ,wAY l ! ( )AI r l ) )

N o. E(N (i)l / 9 6 / Iltt:3 / 9(2)

Thc General Managers (P),

All lndian Railt'ays andProductiorr Units, i(As pcr stanclard list).

l l l l l r l \ {P 'P ' l t / !2

Ncv^r Dcl l r i , datcd: 2c) i0411999

Sub: The Persons with Disabilities (Lqual Opportunities, Protection of Rigl,lts andFull l,articipation) Act, 1995 - Absorption of di:;ablcd/medically dccatcgc-.,riscdstatf in altemative employment - Amendment to IITEN{. '

The enactment of the Persons with Disabilities (Equal Opportunities, Protection of

lUglrts and Full Participation) Act, 1995, has ncccssitatecl rnoclil 'tcation of'thc existiny, s;qlir;6s rtl

absorption ilr alternative curploynleut of slall mcdically clccatcgrrr isccl.

?. Thc Ministry of llailways havc considcrcd llrc rnattcr ar;rl lta'.'c clcciclqd tlritt tlrc ]rttl i;rr

Railw:,ry llstablisluncrrl, Manual, Voluntc-l (ltcvil;cd l:dition l(t?9) tnzty bc amcn<lct! ar; in llrc

Advancc Corrcctiort Slip No.77 encloscd.

Pleasc acknowledgc receipt.

_---.- d--a---.4,.'::=:::-*-"

t

( J .S. GUSA]N )Joint Director Estt.(N1

Itailrvay Boarc!.

DA: Advarrce Con'ection Sliu No.77

@1". '?,o

( l r r r r t r l . . . . . . . . . 2 .

; - ,<L*: , ; - . -tfr.- kit:*"""] - . -. ^.rq"'f:*"t""*"'

L

At ,1 'OL I I i \ I t i _ i

substitute the following for the existing chapter XIII ancl paragraphs l3o I - l3 15 the;ein:

"Cl raptcr XI l l

Absorpti'' of disabrcrr/nrcrlicaty rlecatcg'r.isctt staff i'Alternative Emptoymcrr t.

1301' A Railway servant who fails in a vision test or otherwise by virtue ofdisabil i ty acquirecr auring r";. ; ' ; ;oi,", pt,yricu:ry i 'cai i ,r,rc ,f .pcrforrnirg rrrr: duticsof thc fiost which hc occupics *rrour,r ,ioi b.ii;r;o",l"i ;ili';, rcduccd i* ra'k, bLrr slrourdbe shitied to some otn.r pri *iin-,i,-'r."," pay scarc aiur :;cr.r,icc bc'cfits.J3Aa

groups:-acquiring disabilrty

--U9-t:y!-I{.s-!bgla rs fu r r :illic_ r ly_q! fi -!-: p. a i I v; a y s c n a r l r sand dectared nredicalltii;fit *. ?i"iriur" intci two

(i) Those cornprctcly disabrca for furtrrcr scn,icc irl anv nosrin trrc ra'way, i.e. trrosc rv'o ca,urofil;;h; ilil]in the'C,medical category; and

(ii) Those disable{/i'capacitated for furthcr sen,ice in the post they are[1:1il:,,T1 i:*::4,1,

,n o ro**,.,,,"0;.^r .u,"so,-y u,.,i_,.rigiur. ro.category.

posts corrcsponcling to this lower medical

1303' I'he railway servartts both in g'oup !i).ar:<l group (ii) of para l3gzabovc ceiu;eto perfbrm the dutiej of the ;;r,;';;;y are hording-rroin tr,. dare rhey are decraredmedicall;- unfrt for the presentG;

'N; oni.e.ior'?rr.^.,urrit1,to permit tlre Rn'rve,,servant concerned to perforrn tt'," Juti., in the n"r, u*;1 thar date. If such a Raiiwayservant cannot t . imm.aii;; ffiild .g;;;;, ,n'r".iL,, irr 'rry suitabrc arrcrnarivc

i,i,T,iiil1l*t#ffi tt,tP*"i"l "1p.'iu,u,",arv posr i' rrrr: gracrc in-uirricriti,. iuu."r,,r,r

IIEVISED EDITION 1939

f*; stF

_ [et42g

::g{"i. basis before being clectarecJ

$"""t,d;[il'#l:1i1";ir1"dfi '"1'"*:lI,qi,:ffi '1tr,J"""#;?1*]?:Xi,,po st so,..ui"o ;;ir:iil,"d";':fi li:il : : ::ff nl #n:*:t il :* l* ";,, " ' ; u m e ra ryJ.l!.l. r)isalrrr..r r,r,.-r:^r-,,

attvc t:ntploynlent is locatc<J.

d"ssslslyill.#_frHiii,""""[$ i*ru:tY;,ffi::;orrc'Irorivc c'rploy,'c'r onbrecr;;il;:ij:::ll,$ii"-J,:J]1.1*. .u*-,o''.,,liic rrrat trrc:il.T"1":""i1,.^^'llf,o u'"",r"ry'#"il"1,1;'j'J*:j:::li,l'"'"."q.;,;;;i;'irr und u,ff ffiii"T*d'*il;;;;","'"K,!"#Jlfi1r:"'",f;,T,:;::*-l{:.i:ffi :U:'i;:"iiiensurc tr,ot tr,".lLire0,nredicafiy decategorir"Jr,orq,ffdii:Jlf ^.r,;il?ff,,j""Xf.fij::::::,";:a;;;lg"sts-

of other stall' in. service .'. "",

adversery ur..t.o and no9:*."tg..,r.0-i#'t'ttng Railwav servant is r.i"-," ulroru ,r,. iir*ii",r7i,*orcarry

1................'1191;v;;"ar"",,?^q:",iri,ir.:H, ffiffi:", atrc,nprs ,il"ir r,c. ,narrc .--'i',,o,r, rhe,,cpalr'rclrt, but i'othcr Ltrit/Divtffi;i!;#:il:t o'lv withir, ,rr."ur]yoivision oig , APsorptlon in posts illentifineuggvsraolla!_al

fi:ti::i":"[-:il: ffi i5 **l;'**lx+'+i;fl'ffemproyment .r orllil*,H ",Y"':lg_r', a posr/catcgo,ru,,lil|lrlli'1,.3::l:, 1"'"1"i

, i .

t :i !: li t

i;. t

ii

employme't 1r- "r,rri*,ii,

",;;;Jl""J ,,t. " pr.rsr/catcgo,v ;J,",,1,1";""j":r,l;oilt ffj&,'i?ff.:,y,i:?op"n*J*"iffi .#3,{ry-.,1;ttfi:*;;:,.T11iln=[t;H;[Ti;]t*'l#,:::iT--':ff Jrutl:,utf J:,x',:,yyr:rr,'.:.oo",,maybc:t[:T;#.,ffi,H#,,.]iiiJi,.* #l*:lti ftffiri, il?l:!::J: u *H:l":,lf n;,^ffi;'::L,T;':*3.HffT',y suitabre 0",,i,, ,?''o/ntcdicarrv incapacitatccrwrricheverir.uiriril"anr concerned or the post i;"";#"i,t;,,fiffH;""rrn:::fJi:

.lso.-$lep p_!-crunpat,

(I) with\ '

,1il:ir"o:,"uiiiffiil'::1h1 3alesories in y,l,.rl rhc disabred/rnecricariy

ri,:f,.,.,^i;ll:'1.Jfr?**.'il."'JnT":*itlqt';it"*:It,,il**r,,,cdically ctcc:it.

"o,,,,olJ scrvu't'J,,r,",#93itt'r

-irnii*l't':',::l:''il:f' -,Ylli;, ilio*.*ll'."i,**jiiru#*ili1:.,;'#d;';il;*-,'* jl jr

whomto n'd*,f[:,f#il::T[til o":,T,T: ",p"u', i#"il::, u,,,,cr"tploy*"nit". ir'lrj.""cc{l

to takc further action

" "{ , * ' i * . - ^ .#?- , . r . rF

i

(v) Educa:ionalt i o,, s, lffi

"tlXI i:j,:: ::,.'.- _T " ".,cd u c a r i o n a I q u a r i n c a -E r i-s I i :', .e;;;ii,'J.,1i'j:t r a sav <t i n g k n u * l, * lil*u r' "- __v.,e, rcugau$c Ctc.

(\'U \lcdjc-rl caicgory in wliclt placccl.I r i - i

(rtr)

Cr)

(x)

(xi)

Dcrails ofspccial relrcrrn : , vcilff i,::i",xx',:jflrSos r r i I r a b s, rp r i c,, i rrDatc frorn whiclr absorbccl in altcrnative appointmcnt.Naturc ancl catellov of altcrlralivc fll)l)oint,llerltScale of paY of the alternative post and the pa;, fixecl at.Dctails of supcrnuniArternarive ffiil".iilCi;:i jillr aftcr absorprion jn

Ilcnrarks.

lf .and when a Irnrrnrarion will b*Y'l:av

scrvant istr,f r::t#rr{i*',liffi t$*};i*:',,r#'lild;,*

*l,m:g**rul'rufi**ffi

(xii)

(7)

(s)

t307. Elernert

disabitiryi rneji

l# HE *ili#ft "tr{:':L?# fr; t ff H**#i#,ffi ** * ml*#:*1n:. ur *uy b* i;';::_"" anount equat {o rr.ri u.rJ.;;il:tTj;1rT:}:f -sraff in;:i ffff ffTjl: lln .:d':l.f ;F$:i :X,|;,fl? iy_l,o maximu m ",,,. ff :ii

illilT"xlm I liif:i, ili'il, ":fi fJ :l:r,j :1 il,I n:,,, * *:y, lfli :l,l 1: :.n1:i'

rlt4&+euyspoit roal tcrner i

way

pay,elcrncnt of .ururing

: .iij ir", ft 'l $ ;# #i,,:ir fifi,?:' tr;r,,'ff":ilT:y;ff lT'Jy.$fi il'rllf:*;lrifi "'g]."g*tf *:t*',rutr';1p

parlcc.as u]ay l lg in forcc. I f t l te basic pay so arriveiJ'ar do:s r)ot correspond to any-l in the absorbing grai: thc 11a1, nray bc t'ixccl at thc stalic jrr:;t bciorv ancl thc

iJif lcrcrtcc al lorvcd as l)crso:,al Pay to bc ubsorbcd irr futurc inqr:asc ir i pay, Sinri larly i i 'thePay so arivcd at excceds the maximum of the absorbing grade, the Pay may be fixedat the ntaxintum and the dilTerence rnay be allowed as personal pay to te absorbecl infuture increntcnts'i;rcrcascs :n pay. Othcr allowances suclr as l),:anrcss Ailowance, CityContpe',saron Aik*arce and I:louse Rent Allowance should bc allorved on pay pluipusoce! pnr, if ec1-, in tlrc absorbirrg grtdc.

!ry- Bccli of p.r-st scr vicc to bc allorvcd: A disablecl/nrcdically decate-gorisedf-!t-lvultabsorbed in altemative post, u,ill for all purposes, han,c his past scrviceft.td 6 continuorrs rvitlr that in tlic altenrativc post.

13lO- Frxation of scniorit;- of disabled/nredicqlly decatggoriscd staff absorbgd inl&crnative employment: The disabled/medicaliy ,f."at.gorised rt.tt uUtorU"a inafternative posts should be allowed seniority in thc graclc of absorption vririr rcierencc rr:thc lcrrgth of sct'vicc rcrtrtcrccl on n<.rrr-[brtuitous basis in thc crluivalcrrt or corrcsponciingg{ade before being declared rnedically unfit. 'l 'his is subjcci to thc proviso thar if adisabled/mcdically dccategorisecl empl<lycc happcns to bc absc,rbc<J in tlrc caclrc fromrvhich ltc rvas originally pronrotcd, he will not bc placc<l abovc iris crstvrhile seniors inthe grade of absorption.

-1-ll! Thc stalTwho gct tltcir cascs rccorunlcn(lod lbr a charrgc c,l'catcllgryon medical grounds will nclt get tlle benefit of these rules, but will bc treated as staff

Jransferred on their own request.

(Autlrority: Scction a7(l) of ' l 'hc Pclsous with IJisair i l i t ics i i l ;r lual Op1:r.rrturr i t ics,Protecriort of Rights and Egll l'articipation) Act, 1995 and Boarcl's letrerNo.E(liG)V96/RE3/9(2) dated 29/ 4 /1999)"

'Til