GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. PCVI/2011/CC/1

New Delhi, dated:- 16/08/2022

The PCPQs,
All Zonal Railways/PUs,
(as per mailing list)

The PFAs,
All Zonal Railways/PUs,
(as per mailing list)

Sub: Handling of Court Cases in the field offices.

A number of cases on various important policy issues pertaining to pay related matters have been filed by Railway employees before various courts of law which are being contested by Zonal Railways/ PUs at different levels in consultation with Pay Commission Directorate/ Railway Board. It has been time and again re-iterated by Railway Board through periodic communications and meetings that these cases should be monitored at the level of a JAG officer or higher level to ensure that the cases are contested effectively.

2. However, an instance has come to the notice of this office wherein a case relating to one of the important policy decisions of Board has been dismissed/ decided ex-parte by the concerned High Court for non-prosecution as the contesting Advocate appearing on behalf of Railway administration was not present on the listed date of hearing. It is observed that the above dismissal of case is due to lack of effective monitoring at the desired level.

• 2.1 Such cases on policy/ pay related issues have huge ramifications/ financial implications and any adverse judgment if implemented would have a cascading effect on similar cases and also have far reaching consequences as it would result in similar demands from various other categories in Railways.

3. In order to avoid such laxity in future while defending the interests of UoI before the respective court of law, it is advised that the concerned advocate appearing on behalf of UoI may be adequately briefed beforehand and instructed to ensure his presence on each hearing invariably to prevent the case being decided ex-parte.

4. Non-appearance by the concerned advocate before the Hon’ble Tribunal/Court on the day of hearing should be viewed seriously and appropriate action in this regard may be taken by the competent authority. Needless to say, full attention should be paid to such cases and monitored regularly by a competent JAG level officer or higher level as any laxity would result in huge ramifications on similar cases filed before various courts of law.

5. Receipt of this letter may please be acknowledged.

(Sanjeet)
Executive Director/ Pay Commission
Railway Board

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The Pay Commission Directorate will deal with the stepping up of cases between senior and junior officials due to the introduction of specific pay commission provisions

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

Office Order No. 34 of 2020

(Amendment No. 36 to July
2013 edition of the subject list)

Sub: Concerned Branch for Stepping of Pay on issues arising other than RSRP Rules

The issue as to which Directorate will deal with the subject relating to Stepping up of Pay was under consideration because of ongoing differences between Directorates. The following has been decided with the approval of the Competent Authority:

Also check: AIRF Letter to Finance Minister – Consider granting of DA & DR

• Stepping up of cases between senior and junior officials due to implementation of various provisions of different Pay Commissions would be dealt with by Pay Commission Directorate (PC-VI/PC-VII as the case may be);
• Stepping up of cases between senior and junior officials due to being on leave/deputation/ working on ex-cadre post by the senior employee and promotion of junior employee during this period i.e on aspects other than RSRP rules would be dealt with by F(E) Directorate.

2. Henceforth all court cases/ RTI reference /Railway reference/ representation etc., would accordingly be handled by F(E) and PC Directorate respectively.

Also read: Issues of Notional Increment on the day of superannuation

3. Accordingly the subject list of F(E)-II and PC-VI/PC-VII stands amended.

No. 2020/ O&M/26/1
Dated: 11.05.2020

(B. Majumdar)
Joint Secretary/Railway Board

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The grant of a notional increase on the day of retirement in accordance with the 6th/7th CPC and the current provision for granting an increase under the RSRP Rule shall be checked and assessed by the Directorate of the Pay Commission.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

Office Order No. 35 of 2020

(Amendment No. 37 to July
2013 edition of the subject list)

Sub : Concerned Branch to deal with issues of Notional Increment on the day of superannuation.

The issue as to which Directorate will deal with the subject relating to grant of Notional Increment on the day of Superannuation, when the same was due on next day, exclusively for the purpose of fixation of pension was under consideration because of differences between concerned branch regarding processing of such cases

Also check: AIRF Letter to Finance Minister – Consider granting of DA & DR

2. It has now have been decided with the approval of the competent authority that all such case for grant of notional increment on the day of retirement which is at variance with 6th /7th CPC and existing provision for grant of increment under RSRP Rule be examined and handled by Pay Commission Directorate (PC-VI/PC-VII as the case may be). Post grant of notional increment the issue of Pension would be handled by F(E)-III unit. In case of any issue not related to 6th/7th CPC warranting grant of notional increment under FR rules would also be handled/coordinated by F(E) Directorate.

3. Henceforth all court cases / RTI reference/Railway reference/ representation etc., would accordingly be handled by PC and F(E) Directorate respectively.

Also read: DA to be released immediately according to Delhi High Court judgment. Court case on DA, and the petitioner won

4. Accordingly, the subject list of F(E)-III and PC-VI/ PC-VII stands amended.

E No. 2020/0&M/26/2
Dated:-11.05.2020

(B. Majumdar)
Joint Secretary /Railway Board

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Ministry of Labour & Employment
Second National Judicial Pay Commission submits its Report

06 FEB 2020

The Second National Judicial Pay Commission has filed the main part of the Report in 4 volumes covering the subject of Pay, Pension and Allowances, in the Registry of the Supreme Court on 29.01.2020. The Commission has been constituted pursuant to the Order of the Supreme Court in All India Judges Association case and the Government of India, Ministry of Law & Justice issued a Notification dated 16.11.2017 in this regard. Shri Justice P.V. Reddi, former Judge of the Supreme Court is the Chairman, Shri Justice R. Basant, former Judge of Kerala High Court is the Member and Shri Vinay Kumar Gupta, District Judge of Delhi Higher Judicial Service is the Member-Secretary of the Commission.

Also check: 7th Pay Commission Latest News 2020

The Interim Report was submitted by the Commission in 2018.

The salient recommendations are:

PAY: The Commission having considered various alternative methodologies has recommended the adoption of Pay Matrix which has been drawn up by applying the multiplier of 2.81 to the existing pay, commensurate with the percentage of increase of pay of High Court Judges. @ 3% cumulative has been applied.

As per the revised pay structure evolved by the Commission, the Junior Civil Judge / First Class Magistrate whose staring pay is Rs.27,700/- will now get Rs.77,840/-. The next higher post of Senior Civil Judge starts with the pay of Rs.1,11,000/- and that of the District Judge Rs.1,44,840/-. The highest pay which a District Judge (STS) will get, is Rs.2,24,100/-.

The percentage of Selection Grade and Super Time Scale District Judges proposed to be increased by 10% and 5% respectively.

The revised pay and pension will be effective from 01.01.2016. Arrears will be paid during the Calendar year 2020 after adjusting the interim relief.

PENSION: Pension at 50% of last drawn pay worked out on the basis of proposed revised pay scales is recommended w. e. f. 1-1-2016. The family pension will be 30% of the last drawn pay. Additional quantum of pension will commence on completing the age of 75 years (instead of 80 years) and percentages at various stages thereafter are increased. The existing ceiling of retirement gratuity and death gratuity will be increased by 25% when the DA reaches 50%.

Nodal officers will be nominated by the District Judges to assist the pensioners / family pensioners.

Recommendation has been made to discontinue the New Pension Scheme (NPS) which is being applied to those entering service during or after 2004. The old pension system, which is more beneficial, will be revived.

ALLOWANCES: The existing allowances have been suitably increased and certain new features have been added. However, the CCA is proposed to be discontinued.

Recommendations are made to improve the medical facilities and to simplify the reimbursement procedure. Medical facilities will be granted to pensioners and family pensioners also.

Certain new allowances viz. children education allowance, home orderly allowances, transport allowance in lieu of pool car facility, have been proposed. HRA proposed to be increased uniformly in all States. Steps to ensure proper maintenance of official quarters recommended.

The recommendations made by the Commission are applicable to the Judicial officers throughout the country.

Supreme Court will have to issue directions regarding the implementation of recommendations after hearing the stakeholders.

PIB

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New Pay Commission may not be formed in future for increasing salaries of central government employees

The central government is mulling not to form any Pay Commission for increasing salaries and allowances of central government employees and and pensioners in future.

No new commission may be formed in future for increasing salaries of central government employees, a reliable source from Finance Ministry on condition of anonymity.

“The government is going to take a policy decision in this regard,” the source told our reporters.

Presenting an idea about the alternative arrangement, he said that the 7th Pay Commission recommended that the pay matrix may be reviewed periodically without waiting for the long period of ten years. It can be reviewed and revised on the basis of the Aykroyd formula which takes into consideration the changes prices of the commodities that constitute a common man’s basket, which the Labour Bureau at Shimla reviews periodically.

The Pay Commission also suggested that this should be made the basis for revision of that pay matrix periodically without waiting for another Pay Commission.

So, it will not be necessary to form a new pay Commission after every 10 years for central government employees and pensioners and whether any change is required regarding pay and allowances would be made considering inflation.

Food and Agriculture Organisation (FAO)’s first director and Nutritionist Wallace Rudel Aykroyd has formulated his recommendations on the basis of requirements of foods and clothes for a person. He took into consideration the factor related to price changes in commodities affecting the living of common man.

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

PC-VI No.386
No. PC-VI/2089/I/4/R-6/1

RBE No. 83/2018

New Delhi, Dated: 08.06.2018

The General Managers/CAO(R)
All India Railways & production Units.
(as per mailing list)

Sub: Grant of Non-functional up-gradation to Indian Railway Medical service officers.

Attention is invited to Railway Board’s letter No. PC VI/2009/I/4/R/1 dated 27.11.2009 (RBE No.209/2009) circulating DOPT’s OM No. AB/14017/64/2008-Ectt(RR) dated 24.04.2009 & 25.09.2009 for adoption in favour of Railway officers of organised Group ‘A’ Services in PB-3 and PB-4.

2. It was subsequently clarified by DOP&T vide their OM No. AB.14017/39/2009- Estt.(RR) dated 02.04.2012 that the NFU to organised Group ‘A’ services shall not be applicable to the officers in those Organised Services where FCS and DACP Schemes are already operating and where officers are already separately covered by their own in-situ Progression scheme. However, Hon’ble Delhi High court in WP(C) No. 4067/2014 and WP(C) No. 4073/2014 vide orders dated 13.10.2014 quashed the Dop&T’s OM dated 02.04.2012. Since the said judgement of Hon’ble High court attained finality as Hon’ble supreme court dismissed the SLP and Review in the case, DoPT&T decided to declare their OM dated 02.04.2012 as non-est, as conveyed vide their OM No.CS-14017/1/2018-Estt.(RR)(Pt.I) dated 25.04.2018.

3. There has been a demand of IRMS officers also for extension of the benefits of NFU Scheme and the issue has been the subject matter of litigation. Hon’ble Central Administrative Tribunal vide their orders dated 28.09.2017 in O.A.No.3290/2017 (Indian Railway Medical Services Association & Anr vs DOP&T & Anr) allowed the relief in terms of the judgement of Hon’ble Delhi High Court in W.P.(C ) No: 4067/2014. The matter was accordingly referred to DOP&T.

4. DOP&T have considered the issue in consultation with Department of Expenditure and conveyed their non-objection to the Ministry of Railways to extend NFU benefits to IRMS doctors. ‘Accordingly, Ministry of Railways have decided to grant the benefit of Non-Functional Upgradation CNFU Scheme as applicable to Organized Group ‘A’ services of Railways to IRMS Officers as per the detailed terms and conditions as have been in vogue from time to time after introduction of the scheme. Accordingly, grant of higher scale / benefits under the scheme would be admissible w.e.f. 1.1.2006, where due and admissible, as provided in the original instructions under reference.

(S.Balachandra Iyer)
Executive Director/Pay Commission -II
Railway Board.

No.PC-VI/2009/I/4/R-6/1

New Delhi, dated 08.06.2018

Source: NFIR

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F. No. 11/1/2015-JCA
Government of India
Ministry of Personnel, PG and Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 13th April, 2018

To
Shri S. G. Mishra
Secretary, Staff Side
National Council Staff Side (JCM),
13-C, Ferozshah Road, New Delhi – 110 001

Subject: Proposal of the Staff Side to record disagreement of the unsettled 6th CPC anomalies and to refer the same to Arbitrator.

Sir,
I am directed to refer to your letter no. NC-JCM-2008/6th CPC dated 14.08.2017 on the subject cited above and to say that the comments received from Department of Pension & PW vide OM No. 42/21/2009-P&PW(G)33199 dated 09/04/2018 regarding Parity/Modified Parity in pension/revised pension/family pension of all pre-1996 retirees with those who retired on or after 01.01.2006 is enclosed.

2. It is requested that comments on the aforesaid item if any, may please be forwarded to this  Department.

Encl.: As above.

Yours sincerely
(Raju Saraswat)
Under Secretary (JCA)
Tele: 23092110

No. 42/21/2009-P&PW(G)/33199
Government of India
Ministry of Personnel, PG and Pensions
Department of Pension & Pensioners Welfare

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Date:- 09th April, 2018

OFFICE MEMORANDUM

Subject:- Proposal of the Staff Side to record disagreement of unsettled 6th CPC anomalies and to refer the same to Arbitrator-Comments of DoPPW

The undersigned is directed to refer to DoPT’s DO No. 11/1/2015-JCA dated 26.03.2018 on the subject cited above and to say that the comments of this Department in respect of Item No 15,16,17 & 21 are enclosed (Annex-A).

2. This issues with the approval of competent authority.

Encl: Annex-A

(Charanjit Taneja)
Under Secretary to the Govt. of India
Shri D.K.Sengupta
Deputy Secretary (J CA)
Department of Personnel and Training
North Block, New Delhi

Annex-A

Item no. 15,16,17&21:- Parity/ Modified Parity in pension/revised pension/family pension of all pre-1996 retirees with those who retired on or after 01.01.2006 .

In accordance with an Office Memorandum dated 01.09.2008, for revision of the pension of the pre-2006 pensioners, the pension/family pension of existing pre-2006 pensioners/family pensioners was to be consolidated with effect from 01.01.2006 by adding together (i) The existing pension/family pension (ii) Dearness Pension, where applicable (iii) Dearness relief upto AICPI (IW) average index 536 (Base year 19823100) i.e. @ 24% of Basic Pension/Basic family pension plus dearness pension as admissible and (iv) fitment weightage @ 40% of the existing pension/family pension. Para 4.2 of the Office Memorandum dated 01.09.2008 provided that the fixation of pension will be subject to the provision that the revised pension, in no case, shall be lower than fifty per cent of the minimum of the pay in the Pay Band plus the Grade Pay corresponding to the pre-revised Pay Scale from which the pensioner had retired and in the case of HAG+ and above scales, this will be fifty per cent of the minimum of the revised Pay Scale.

2. Clarification on various provisions of the OM dated 1.9.2008 were issued vide Department of Pension and PW OM No.38/37/08-P&PW(A) pt. 1 dated 3.10.2008. In regard to Para 4.2 of the OM dated 1.9.2008 the following clarification was issued:-

“The pension calculated at 50% of the minimum of pay in the pay band plus grade pay would be calculated at the minimum of the pay in the pay band (irrespective of the pre-revised scale of pay) plus the grade pay corresponding to the pre-revised pay scale. For example, if a pensioner had retired in the pro-revised scale of pay of Rs.18400-22400, the corresponding pay band being Rs. 37400-67000 and the corresponding grade pay being Rs. 10,000/- p.m., his minimum guaranteed pension would be 50% of Rs. 37,4001 Rs. 10,000 (i.e. Rs. 23,700).

The pension will be reduced pro-rata, where the pensioner had less than the required service for full pension as per rule 49 of the CCS(Pension) Rules, 1972 as applicable on 01.01.2006 and in no case it will be less than Rs. 3500/- p.m.

In case the pension consolidated as per para 4.1 of OM.No.38/37/08-P&PW(A) dated 1.9.2008 is higher than the pension calculated in the manner indicated above, the same (higher consolidated pension) will be treated as Basic Pension.”

3. In the Agenda item, the JCM (Staff side) claimed that the revised pension/family pension of all pic-2006 pensioners/family pensioners would not be less than 50% of the minimum of the pay band l grade pay, corresponding to the pre-revised pay scale from which pensioner had retired, as arrived at with reference to the fitment tables annexed to Ministry of Finance, Department of Expenditure’s O.M. No. l/l/2008-IC dated 30.8.2008.

4. In the last meeting of the Anomaly Committee the staff side argued that a reading of the recommendation of the Sixth Pay Commission on the matter indicated that the intent of the Pay Commission was to grant modified parity to pro-01.01.2006 pensioners by allowing the same fitment benefit as is being recommended to the existing Government employees subject to the provision that revised pension shall not be lower than 50% of the minimum of the pay in the pay band prescribed for the grade pay and the sum of the grade pay with reference to the minimum of the pay band plus the grade pay which is not consistent with the recommendation of the Sixth CPC. Officer of Department of Expenditure stated that this was not the intent of me recommendation of the Pay Commission. After some discussion, the Staff Side request the Official Side to examine the matter once again.

5. After the above meeting of the Anomaly Committee, the following decisions have been taken by the Government:

(i) Orders were issued vide this Department’s OM of even number dated 28.1.2013 for stepping up of pension of pre-2006 pensioners w.e.f. 24.9.2012 to 50% of the minimum of pay in the pay band and grade pay corresponding to pre-revised pay scale from which the pensioner retired. Para 5 of this OM provides that in case the consolidated pension/family pension calculated as per para 4.1 of OM. No.38/37/08-P&PW (A) dated 192008 is higher than the pension/family pension calculated in the manner indicated in the OM. dated 28.1.2013, the same (higher consolidated pension/family pension) will continue to be treated as basic pension/family pension.

(ii) Subsequently, in compliance of an order dated 1.11.2oll of the Hon’ble CAT, Principal Bench in OA No. 655/2010, order dated 29.4.2013 of Hon’ble, High Court of Delhi in WP (C) No. 1535/2012 and order dated 17.3.2015 of Hon’ble Supreme Court in SLP (C) No. 36148/2013, order were issued vide this Department’s 4 O.M. No.38/37/O8-P&PW(A) dated 30.7.2015 that the pension/family pension of all pre ~ 2006 pensioners/family pensioners may be revised in accordance with this Department’s O.M. No.38/3 7/08-P&PW(A) dated 28.1.2013 with effect from 1.1.2006 instead of24.9.2012.

(iii) Vide OM. No.38/37/08-P&PW(A) dated 6.4.2016, it was decided that the revised consolidated pension of pre-2006 pensioners shall not be lower than 50% of the minimum of the pay in the Pay Band and the grade pay (wherever applicable) corresponding to the pre-revised pay scale as per fitment table without pro-rata reduction of pension even if they had qualifying service of less than 33 years at the time of retirement.

6. With the issue of the aforesaid orders, the demand of the staff side in regard to modified parity to pre-2006 pensioners has been accepted and implemented.

Source : Confederation

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Government of India
Ministry of Finance
Department of Expenditure

LOK SABHA
UNSTARRED QUESTION NO. 3164

TO BE ANSWERED ON FRIDAY, THE JANUARY 05, 2018
PAUSHA 15, 1939 (SAKA)

NATIONAL ANOMALY COMMITTEE

QUESTION

3164. SHRI CH. MALLA REDDY:

Will the Minister of FINANCE be pleased to state:

(a) whether the National Anomaly Committee (NAC) under the 7th Central Pay Commission has submitted its interim report, if so, the details thereof;

(b) whether the Government is planning to abolish the system of formation of Pay Commission in future, if so, the details thereof and the reasons therefor;

(c) whether the Government is considering to adjust the salaries of its employees and pensioners Deafness Allowance (DA) that crosses the 50 per cent mark, if so, the details thereof and if not, the reasons therefor; and

(d) whether the Department of Expenditure planning to take the responsibility to regularly monitor salaries and allowances of central government employees and recommend the changes if needed, if so, the details thereof and the reasons therefor?

ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI P. RADHAKRISHNAN)

(a): The National Anomaly Committee set up by the Department of Personnel Training in August, 2016 following the decision of the Government on the recommendations of the 7th Central Pay Commission has not yet met.

(b) to (d): No such proposals are at present under consideration.

Click to view on  (http://loksabha.nic.in) in Hindi / English

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GOVERNMENT OF INDIA (BHARAT SARKAR)
Ministry of Railways (Rail Mantralaya)
(Railway Board)

PC-VII No. 64

RBE No. 141/2017
File No. PC-VII/2017/I/7/5/7

New Delhi, Dated: 03.10.2017

The General Managers/ CAOs(R),
All Indian Railways and Production Units,
(As per mailing list)

Subject: Implementation of the recommendations of the Seventh Central Pay Commission – Dress Allowance.

In terms of extant instructions, the Uniform- related allowances being paid to Railway employees as admissible included Kit Maintenance Allowance, Shoe Allowance, Uniform Allowance and Washing Allowance.

2. Consequent to the decision taken by the Government on the recommendations of the 7th CPC, these uniform-related allowances have been subsumed into a single Dress Allowance. The President is pleased to approve payment of this Dress Allowance to the categories of employees and at the rates as listed below:

3. With this notification of Dress Allowance, existing uniform-related allowances including those for maintenance & washing of uniforms, will no longer be payable separately. Existing orders for payment of such separate uniform-related allowances including Shoe Allowance therefore stand superseded.

4. With the payment of this Dress Allowance, categories of staff who were earlier being provided Uniforms, will henceforth not be provided with Uniforms.

5. The amount of Dress Allowance shall be credited to the salary of entitled employees directly once a year in the month of July.

6. This allowance covers only the basic uniform of the employees. Any special clothing like the fluorescent clothing provided to Trackmen of Indian Railways will continue to be provided by this Ministry as per existing norms.

7. The rates of Dress Allowance will go up by 25% each time Dearness Allowance rises by 50%.

8. These orders shall take effect from 01st July, 2017.

Hindi version will follow.

(Jaya Kuma G)
Deputy Director (Pay Commission) VII
Railway Board

Source: indianrailways.gov.in

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GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO. 1352
TO BE ANSWERED ON 24.07.2017

PAY COMMISSION FOR UNORGANISED SECTOR

1352. SHRI MALLIKARJUN KHARGE:

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:

(a) whether the Government reviews the working conditions and pay scales of the workers working in unorganized sector by appointing commissions at regular intervals on the lines of employees of the Central Government;

(b) if so, the details thereof;

(c) if not, whether the Government has any such proposal in this regard at present; and

(d) if so, the details thereof along with the time by which final decision is likely to be taken in this regard?

ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT
(SHRI BANDARU DATTATREYA)

(a) to (d): The Minimum Wages Act, 1948, provides for fixation/periodic revision of minimum wages in employment to prevent exploitation of workers. Under the Act, the appropriate Government, both the Centre and the States, fixes/revises the minimum wages in scheduled employments falling in their respective jurisdiction. This Act provides for fixation of hours of work, payment of overtime wages besides providing penalties for offences under the Act and the Rules made thereunder.

Source : Lok Sabha

Hindi Version

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