Counting of full service of Temporary Casual Labourers for Pensionary and retirement benefits in Railways: Agenda Items for next meeting of Standing Committee Meeting of NC (JCM)
NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
No. IV/NFIR/SCM/Pt. VI
Dated: 12/04/2017
The General Secretaries of Affiliated Unions of NFIR
Brother,
Sub: Agenda Items for next meeting of Standing Committee Meeting of NC (JCM)-reg.
Ref: NFIR’ s letter No. IV/NFIRISCM/Pt. VI dated 05/03/2017 to the Secretary, JCM (Staff Side), New Delhi and copy endorsed to the affiliated Unions.
A copy of Agenda Item on ‘Counting of full service of Temporary Casual Labourers for Pensionary and retirement benefits in Railways’ listed for discussion in the next Standing Committee Meeting of the NC/JCM is enclosed for information and circulation.
End: As above
Yours fraternally,
Sd/-
(Dr. M. Raghvaih)
General Secretary
NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
No.IV/NFIR/SCM/Pt. VI
Dated: 05/03/2017
The Secretary,
JCM (Staff Side),
13-C, Ferozshah Road,
New Delhi,
Dear Brother,
Sub: Agenda Items for next meeting of Standing Committee of NC (JCM)-reg.
Ref: Ministry of Personnel, Public Grievances & Pensions, DoP&T’s letter No, F. No. 3/3/2016-JCA dated 1st March 2017.
Please find enclosed the items to be included in the agenda for meeting.
Encl: Two
Yours fraternally,
Sd/-
(Dr. M. Raghavaih)
General Secretary
The Staff Side had discussed its demand for counting full service of temporary status of casual labourers for pensionary and retirement benefits at the level of Railway Ministry, Consequently, the Railway Ministry had agreed and accordingly proposal was sent to the Ministry of Finance and DoP&T seeking clearance. Unfortunately, the MoF/DoP&T have not accorded approval:-
In this connection, the Staff Side brings following key points for consideration.
- The Casual Labourers in. Railways had attained temporary status on completion of prescribed days of continuous working and got the benefits admissible to temporary Railway/Government employees such as regular Pay Scale, Medical facility etc.,
- The Railway Administrations have however taken abnormally long periods to absorb them as regular staff although regular posts were vacant.
- The status of casual labourers in railways after acquiring temporary status (termed as Temporary employee) is exactly similar to the substitutes in whose case, the total service from the date of attainment of temporary status is counted for reckoning qualifying service for pensionary
- Various CATs, High Courts and even the Apex Court have given decisions against the. , differential treatment between the casual labour and substitutes particularly when both attained temporary status and directed to treat them at par so far as reckoning the service from the date of temporary status till the date of regularization for pensionary benefits etc.,
- The SLPs filed by the Union of India before the Apex Court in a: few cases of casual labourers were dismissed and the Hon’ble Supreme Court had directed the Union of India to calculate Pension and other retinal benefits payable to the retiring/retired employees, taking into account the 100% temporary status service.
The Staff Side, therefore, requests to consider the above valid points and accord approval for counting total temporary status service of Casual Labourers for pensionary benefits in Railways.
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