NFIR

No. III/SECRMC/4

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Denial of minimum pay of the pay band (VI CPC) to the Senior Nursing Superintendents (Nursing Sisters) on Railways-reg.

Ref: NFIR’s PNM Agenda Item No.13 sent to Railway Board on 29/0512019.

Kind attention of Railway Board is invited to Federation’s. PNM Agenda Item No.13, wherein the cases of denial of minimum pay in the pay band of 6th CPC to the Senior Nursing Superintendents (earlier called Nursing Sisters) working in Railway Hospitals have been cited as example to facilitate the Railway Board to examine the case and render justice. Federation feels sad to convey that though a period of over six months has passed, there has been no action on the said Agenda Item (sent on 29/0512019).

Also check: Special Allowance to Nursing Superintendents working in Operation Theatre/ Intensive Care Unit-revision of Allowances

In this connection, Federation further desires to bring to the notice of Railway Board that two Nursing Sisters working in the Divisional Hospital, N.E. Railway, Izzatnagar, filed an O.A. No. 914/2016 which has been decided by the Hon’ble Tribunal (Principal Bench), New Delhi on 1st November, 2018, operating portion of the order is placed below:-

“5. A careful perusal of the decision of this Tribunal in Malbika Deb Gupta, as upheld by the Hon’ble High Court of Delhi in WPC No. 8058/2015 dated 04/11/2016, clearly reveals that the subject matter of the present O.A. is squarely covered by the said decision. It is also relevant here to state that the Union of India, Ministry of Finance, Department of Expenditure issued an Office Memorandum dated 28 /09/2018 on the same subject matter, which also supports the applicants’ case.

In the circumstances and for the aforesaid reasons, the O.A. is allowed in terms of the decision in Malbika Deb Gupta, as upheld by the Hon’ble High Court of Delhi in WPC No.8058/2015 vide order dated 04/11/2016, and the O.M. dated 28/09/2018. The respondents shall pass the necessary orders within three months from the date of receipt of a certified copy of this order. No order as to costs.”

Needless to mention that the above order passed by the CAT Principle Bench, New Delhi and upheld by the Hon’ble High Court, Delhi had attained finality, consequently orders are required to be issued to the Zones etc., for granting minimum pay of the pay band to the Senior Nursing Superintendents (Nursing Sisters) with effect from 01/01/2006. Federation re-iterates that its demand vide PNM Agenda Item No.13, presently pending with the Railway Board, is fully covered vide orders mentioned above, therefore, instructions need to be issued to the Zones etc., for granting correct fixation of pay to the concerned staff in the 6th CPC pay structure vis-d- vis 7th CPC pay level.

NFIR, therefore, requests the Railway Board to issue suitable instructions to the Zonal Railways etc., to grant minimum pay of Rs. 18750 (as on 01/01/2006) to the Senior Nursing Superintendent (Nursing Sisters) promoted prior to 01/01/2006. A copy of the instructions issued may be endorsed to.the Federation.

Yours faithfully,

Dr.M.Raghavaiah)
General Secretary

Source: NFIR

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No.I/5(g)/Part VI

Dated: 05/01/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Special Allowance to Nurses working in Operation Theater/Intensive Care Unit – revision of Allowances-reg.

Ref: (i) NFIR’s PNM Item No.1-B/2012.

(ii) Railway Board’s OM No. E(P&A)I-2009/SP-1/Gen1/1 dated 09/07/2010 and 08/10/2013.

(iii) NFIR’s letter No.I/5(g) dated 08/11/2012 & no. I/5(g)/Pt.V dated 02/09/2013 and 13/01/2014.

(iv) Ministry of Health & Family Welfare letter no.Z.28015/2012013 – N dated 17th October 2013 copy endorsed to NFIR.

(v) Railway Board’s letter No.E(P&A)I-2012/FE-4/1 dated 23/01/2014.

(vi) NFIR’s letter No.I/5(g)/Part V dated 21/10/2014, 20/10/2015, 30/05/2017 & letter No.I/5(g)/Part VI dated 20/09/2017.

(vii) O.M.No.Z.28015/52/2017-N dated 27th September,2017 issued by the Ministry of Health & Family Welfare to all ministries/departments (Government of India).

(viii) NFIR’s letter No.I/5(g)/Part VI dated 16/10/2017.

(ix) Railway Board’s letter No.E(P&A)I-2017/SP-1/MH-1 dated 27/12/2017.

Federation desires to invite attention of the Railway Board to the letters cited under reference relating to the NFIR’s PNM agenda Item No.1-B/2012.

During NFIR’s PNM meeting held with the Railway Board on 13/14-11-2017, the Official Side through Action Taken Statement on the agenda item conveyed that the advice of Ministry of Health & Family Welfare in the matter was still awaited and reminders have also been sent on 26/04/2017 and 11/10/2017 to ascertain the date of enhancement of the Allowance to Rs. 360/-p.m. from Rs. 120/- p.m.

Federation is surprised to note that though the instructions have since been issued by the Board revising the rate of Special Allowance, renamed as Operation Theater Allowance to the Nursing Personnel working in the specialized areas in the Railway Hospitals under the Ministry of Railways to Rs.540/- p.m. w.e.f. 1st July 2017, vide Board’s letter dated 27/12/2017, unfortunately the said letter does not mention NFIR’s PNM agenda Item. There is, therefore necessity to issue amendment to Board’s letter dated 27/12/2017.

Further to above, Federation desires to mention that the question relating to enhancement of Special Allowance from Rs.120/- p.m. to Rs.360/-p.m. pursuant to implementation of 6th CPC recommendations, is still unanswered and payment not arranged with back date.

NFIR,therefore, requests the Railway Board to issue corrigendum to Board’s letter dated 27-12-2017 for enhancement of Operation Theater Allowance from Rs.120/-p.m to Rs.360/- p.m also with retrospective effect, duly citing NFIR’s PNM agenda item.

Federation may be kept advised of the action taken in the matter.

Yours faithfully,

S/d,
(Dr.M.Raghavaiah)
General Secretary

Source : NFIR

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