INDIAN RAILWAYS TECHNICAL SUPERVISORS’ ASSOCIATION

No:IRTSA/Memo-24

Date:17.04.2024

Director General (HR)
Railway Board

Respected Sir,

Sub: Leave rules. – Extending the eligibility of half a day LAP to all employees.
Ref: Para-539(2) of Indian Railway Establishment Code Volume-I

IRTSA wishes to emphasize the necessity of extension of half day LAP eligibility to all employees and thereupon submit the following facts to your kind perusal:

1) IREC para 539 given below entitles workshop artisan staff to avail half a day LAP. 539 Leave to Workshop staff. – (1) Skilled artisans as also semi-skilled and un-skilled workman will earn leave on average pay, half average pay and commuted leave and leave not due in accordance with these rules.

(2) Workshop staff may be allowed to take leave with pay, if due, or without pay, for periods not less than half a day. For this purpose leave for half a day means authorized absence from duty for over half an hour either during the first period before interval or the second period of any day on which the workshop remains open for both the periods. This concession however, is restricted to six occasions in a year.

2) The purpose of entitling half a day LAP for one category of staff and not entitling for all other staff is not known clearly since the decision was taken in the year 1949 and this rule was not revised for so many years.

3) Half day LAP entitlement might have been given to workshop artisan staff to make them available for work after attending their personal needs in shorter length of time.

4) In present day situation the reasons for allowing half day LAP remains same for all and all non-gazetted employees are required to record their attendance on bio metric method. Reasons like employees coming for duty from faraway places, delay in commuting in city traffic, requirement of attending personal & family needs for an hour, delay due to natural causes like heavy rain, employees returning to HQ in the morning after availing leave or weekend outing, employees required to proceed on leave for emergencies after attending duty for half a day, etc requires half day LAP entitlement for all staff.

5) If half a day LAP entitlement is given to all employees, it will not be necessary for employees to apply full day LAP when they are in need of half a day leave only. It will improve employees’ availability at work. This will improve overall performance of section/shop/depot/office, etc. Cumulatively throughout Indian Railways lakhs of man hours will be available for productive work.

6) Denial of eligibility of half a day LAP to all employees is in violation of Article 14 of the Constitution of India which says that, “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

7) Hence it is requested that, entitlement of half a day LAP may be extended to all employees of Indian Railways including Technical Supervisors, which will ensure winwin situation for employees and administration.

Thank you in anticipation.

Yours’ truly

K.V.RAMESH
General Secretary, IRTSA

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NFIR

No. II/10/Part I

Dated: 28/05/2019

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Accumulation of Earned Leave / Leave on Average Pay (LAP) beyond the ceiling of 300 days – reg.

Ref: (i) NFIR’s PNM Item No.23/2018.
(ii) NFIR’s letter No.II/10/Part l dated 17/07/2017.
(iii) Railway Board’s letter No. E(P&A)I-2010/FE-4/2 dated 08/09/2017 addressed to GS/NFIR.
(iv) NFIR’s letter No. II/10 Part I dated 18/091/2017.
(v) Railway Board’s letter No. E(P&A)I-2010/FE-4/2 dated 22/11/2017 addressed to GS/NFIR.

The PNM subject was discussed between the Railway Board and the Federation in the special meeting held on 09/08/2018, wherein the Federation requested to refer the matter to DoP&T again, connecting Board’s earlier O.M. No. E(P&A)I/2010/FE/4/2 dated 10/09/2012 and Order of the Hon’ble Chandigarh High Court. The Official Side stated that the matter will be examined. Thereafter, however, no progress had been communicated to the Federation.

Though the item could not be discussed in the PNM meeting held with the Railway Board on 25th /26th April, 2019 for want of time, the Official Side through Action Taken Statement conveyed following position:-

“An O.M. No. E(P&A)I- 2018/FE-4/4 dated 20/11/2018 has been sent to DoP&T. DoP&T’s reply is awaited.”

In order to pursue the matter at the level of DoP&T, Federation desires to have copy of O.M. dated 20/11/2018 sent to DoP&T.

NFIR, therefore, requests the Railway Board to make available copy of Railway Ministry’s O.M. No. E(P&A)I-2018 /FE-414 dated 20/11/2018 sent to the DoP&T to get the matter expedited.

Yours faithfully,
(Dr. M.Raghavaiah)

Source: NFIR

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No. 88 /2018

New Delhi, dated: 14.06.2018

No. E(P&A)I-2005/ALL/RPF-2

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

Sub: Ration Money Allowance during leave other than LAP.

Integral Coach Factory, Chennai had sought clarification, whether RPF staff are eligible for payment of Ration Money Allowance during their leave period other than Leave on Average Pay (LAP), i.e. Commuted Leave, Maternity Leave & Paternity Leave.

2. The matter has been examined in Board’s Office in consultation with Ministry of Home Affairs. It is clarified that no Ration Money Allowance is admissible to RPF personnel during Commuted Leave, Maternity Leave and Paternity Leave.

3. The other terms and conditions as stipulated in para 4 of Board’s letter of even number dated 10.06.2009 remain unchanged.

4. This disposes off Integral Coach Factory’s letter No. PB/CBS/RB dated 11.12.2017.

5. Please acknowledge receipt.

S/d,
(N P Singh)
Jt. Directorate/E(P&A),
Railway Board.

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Recommendations of 6th Central Pay Commission

RBE No. 48 / 2017

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

No.F(E)III/2008/LE-1/1

New Delhi, dated: 16.05.2017.

The GMs/FA&CAOs
All Zonal Rallways/PUs, etc
(As per mailing list) .

Subject: Recommendations of 6th Central Pay Commission – Encashment of Leave on Average Pay (LAP) while availing Privilege Pass / PTO – relaxation of Rule – reg.
Attention is Invited to Board’s letters of even number dated 29.10.2008 & 02.02.2011 on the above mentioned subject.

2. The provisions of encashment of leave while availing Pass/PTO were. relaxed vide Board’s letter dated 15.12.2014 on receipt of representations from Railway employees who failed to avail of the benefit during the previous, block period despite availing Pass/PTO and leave during that block period.

3. In terms of Rule 10 of the CCS(LTC) Rules, 1988, a Government servant who is unable to avail of the leave travel concession within a particular block of two years or four years may avail of the same within the first year of the next block of two years or four years. This means, a government servant, governed by CCS (LTC) Rules, 1988. can all encashment of leave twice – one while availing LTC for the current Block and another for the carry forwarded LTC of the preceding Block. Similar provision is not available in the Railway Services (Liberalized Leave) Rules, 1949 contained in IREC Vol. I / 1985 – Edition.

4. Despite giving one time relaxation mentioned in pars 2 above, representations are all being received for relaxation of the provisions of the encashment of leave for the previous Block periods. .

5. The Competent Authority after. examining the matter has decided that railway employees, who failed to avail of the benefit of encashment of leave in the preceding block period of two years, which. ended on 31.08.2016 and onwards, can avail of the same within the first year of the succeeding block period of two years by fulfilling all conditions stipulated in this regard.

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

Order Copy

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NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110055

Affiltated to:
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No. II/10

Dated: 22/02/2016

The Secretary(E),
Railway Board,
New Delhi

Dear Sir,

Sub: Accumulation of Leave on Average Pay (LAP) by the employees – Advance Correction Slip No. 78 of IREC Vol.I. (1985 Edition) reprint Edition of 1995.

Ref: (i) NFIR’s PNM item No.5/2010.
(ii) Railway Board’s letter No. E(P&A)I-2010/FE-4/2 dated 05/07/2013 addressed to GS/NFIR.

*********

With reference to above, the Federation encloses herewith a copy of its letter of even number dated 22/02/2016 addressed to the DOP&T seeking review of the case as the situations in the Railways are different.

NFIR requests the Railway Board to pursue the matter again with the Ministry of Personnel (DoP&T) at appropriate higher level for obtaining special dispensation so that leave can be got accumulated beyound 300 days by the Railway employees. A copy of the proposal being sent to the DoP&T may be endorsed to the Federation for taking follow up action.

DA/As above

Yours faithfully,
(Dr. M. Raghavaiah)
General Secreatary

Copy to the General Secretaries of affiliated Unions of NFIR.
Media Centre/NFIR.
File No.05/2010 (PNM).

Accumulation of Earned Leave/Leave on Average Pay (LAP) beyound 300 days.

No. 13012/I/2010-Est (L)

Department of Personnel and Training
Establishment(Leave) Section
**********

New Delhi, the 24th September, 2012

OFFICE MEMORANDOM

Subject: Accumulation of Earned Leave/Leave on Average Pay (LAP) beyound 300 days.

The Undersigned is directed to refer to Ministry of Railways (Railway Board) O.M.No. E(P&A)I-2010/FE-4/2 dated 10.9.2012 on the above subject and to say that proposal therein is not agreed to as the justification given for the same is not satisfactory. When due leave is not even being availed and accumulations are lapsing there does not seem to be any case for further compounding such unavailed accumulations.

Further the Govt. Policy under lying the CCS (Leave) Rules, 1972 is to encourage Government servant to break the monotony of routine work through periodical savvaticals and balancing the same against the demand of public interst & exigencies. Ministry of Railways is requested to revisit their policy of grant of leave, so that the workforce is not denied leave in cases of acute personal needs and also be encouraged for periodic time off.

(Rishi Pal)
Section Officer

Ministry of Railways
(Shri K.Shankar, Dir.Estt.(P&A)
Railway Board
Room No.337-A, Pragati Madan
New Delhi

Source: NFIR

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The following officers and representatives of AIRF attended the meeting:

EDPC-I

5/2006: Avenues of promotion of Senior Supervisor in Scale S-13 to S-14 Group ‘B’ (Gazetted) on railways.

16/2008: Assured Carrier Progression Scheme applicable to Motormen of BCT division of Western Railway.

30/2008: Voluntary Retirement of Drivers and Gangmen.

6/2009: Extra Ordinary Leave in continuation with Maternity Leave taken without production of proper medical certificate.

10/2009: Liberalization in the Safety Related Voluntary Retirement Scheme.

12/2009: Grant of PCO Allowance/Incentive Bonus to technical staff supporting shops/Sections (including CMT/C&M Lab.), Drawing/Design, I.T. Power Supply and Stores etc.) – in Railway Workshops and Production Units- Treating them as part of Inspection, Planning & Planning & Progress wings of PCO.

7/2010: Inclusion of left out categories of the staff working in Railway Hospitals of the Indian Railways for the purview of Hospital Patient Care Allowance.

9/2010: Grant of pay scales of `5000-8000 w.e.f. 01.01.1996 to the Sub-Overseer Mistry/ Supervisor(Works), now Jr. Engineer (Works).

17/2010: Payment of Transport Allowance to the staff living in Ghaziabad (Northern Railway).

27/2010: Implementation of recommendations of VI CPC – Grant of Transport allowance to Railway employees.

3/2011: Revision of rates of Kilometreage Allowance and Allowance in lieu of Kilometreage (ALK).

4/2011: Placement of Pharmacists in the Entry GP of `4200(non-functional grade) on completion of two years service in GP `2800 as well as grant of three MACPs to the Pharmacist category on the Indian Railways.

9/2011: Caretaking Allowance to Hostel Staff and merging of Caretaker posts with Ministerial Staff.

10/2011: Grant of pay scale `5000–8000 (pre–revised)/ PB–II GP `4200 in new pay scales to Tower Wagon Drivers of Electrical Department.

13/2011: Grant of LAP, LHAP and Casual Leave to paramedical staff engaged to work in Railway Hospitals etc. on contract basis.

30/2011: Issue of PPOs and making entry of payment of Medical Allowance to Pensioners/ Family Pensioners.

8/2012: Extension of second chance in the matter of Aptitude Test under LARSGESS Scheme.

18/2012: Payment of Breakdown Overtime Allowance to Mechanical Supervisors(C&W) – Mechanical Department.

32/2012: (A) Wrong implementation of MACP Scheme in IT Cadre.(B) Granting of financial benefit under MACP Scheme to EDP Staff.

40/2012: Earmarking of posts for promotion of Non-Appendix 3 IREM Qualified Accounts Assistants in the merged cadre of Sr. SO(A/Cs) and SO(A/Cs).

Source: http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/E%28LR%29/airf%20lo%2015-02-20.pdf

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