NFIR – Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years

NFIR – Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years

No. 11/35/2018

Dated: 11/04/2018

The Secretary,
Department of Personnel & Training,
North Block,
Central Secretariat,
New Delhi-110001

Dear Sir,

Sub: Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts in Railways etc – reg.

Ref: (i) General Secretary/NFIR’s letter No. I1/35/Part XIV dated 29/01/2018 addressed to the Hon’ble Prime Minister of India.
(ii) PMO ID No. PMOPG/D/2018/0044515 dated 02/02/2018 addressed to the Secretary, DoP&T and copy to the Federation.

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The Federation desires to invite kind attention of the DoP&T to the reference made by the General Secretary, NFIR vide letter No. II/35/Part XIV dated 29/01/2018 (addressed to the Hon’ble Prime Minister) on the subject matter, the same has however, been forwarded by the PMO vide ID No. PMOPG/D/2018/0044515 dated 02/02/2018 for taking further action and conveying the outcome to the Federation.

In this connection, Federation once again brings to the notice of the DoP&T that injustice is being meted out to the former Defence Forces Personnel (PBORs), reemployed in Railways and other Central services on account of the fact that the pay drawn by them at the time of retirement from Defence Forces (prior to attaining 55 years age) has not been protected on their re-employment, while those retired Defence Forces Personnel on re-employment in the Public Sector Undertakings (PSUs) of Central/State Governments have been granted the benefit of pay fixation on the last pay drawn at the time of retirement from Armed Forces. The discrimination has resulted disappointment and frustration among the reemployed retired Armed Forces Personnel in Railways and Central Civil Services.

This subject was dealt by the National Federation of Indian Railwaymen (NFIR), at the level of Railway Ministry in the negotiating fora of PNM, demanding pay re-fixation in favour of re-employed Defence Forces Personnel on the basis of last pay drawn more particularly those who have been re-employed on and after 01/01/2006. On a reference made by Railway Ministry vide O.M. No. E(G)2013/EM 1-5 dated 07/12/2016, the DoP&T had however not agreed for reckoning last pay drawn for pay re-fixation on re-employment in railways. The Federation encloses a copy of Railway Ministry OM dated 07/12/2016 to the DoP&T and reply thereon received from DoP&T vide OM dated 21/02/2017.

Federation also states that DoP&T vide OM dated 18th Oct 2017 called for suggestions for finding single methodology for pay re-fixation of all the ex-servicemen including PBORs, commissioned officers, ex-competent clerks/storemen, NFIR vide letter of even no. dated 21/12/2017 has submitted valid suggestions to the Secretary, Ministry of Defence, Dept of Ex-Servicemen, Welfare, South Block, New Delhi, as follows:-

(a) Considering the crucial role of Defence Forces Personnel in safeguarding the Nation’s borders, they be given pay fixation on the basis of their last pay drawn on re-employment in the Railways and other Central Government Departments.

(b) Their pension needs to be totally ignored as the pension is the social security net provided in recognition to their loyal services to the nation.

(c) The PBORs are not the Personnel of high rankings with higher wages, therefore their case needs to be considered with sympathy and their last pay drawn at the time of retirement from armed forces, to be treated as entry pay on re-employment in Railways and Central Government Departments.

(d) Alternatively, the number of years service rendered by the PBORs in Armed Forces be taken into account for granting pay fixation duly adding the quantum of equal number of increments to the minimum pay of the re-employed post. This may be made applicable to all PBORs who have joined Central Government Departments after 01/01/2006.

(e) In those cases of PBORs retired before attaining the age of 55 years and got re-employment in Government services, their initial pay on re-employment may be fixed at the minimum of the scale of pay prescribed for the post and after fixing the pay, in case the initial pay so fixed, is found to be less than the last pay drawn in the Armed Forces, all such cases may be treated as “cases of undue hardship” and in those cases, their pay may be re-fixed at higher stage duly granting one increment for each year of service rendered in the Armed Forces in order to bring their initial pay at par with the pre-retirement pay, while their pension already drawn be continued un-altered.

NFIR, therefore, requests to kindly see that the above legitimate request of former Defence Forces Personnel is agreed to and orders issued soon. Federation also requests to kindly communicate the action taken in the matter early.

DA/As above

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

No. 11/135/Pt.XIV

Dated: 29/01/2018

Hon’ble Prime Minister of India,
Raisina Hill
South Block
New‘ Delhi
Respected Sir.

Sub: Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts in Railways etc – reg.

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NFIR invites kind attention of the Hon’ble Prime Minister to the grave injustice meted out to the former Defence Forces Personnel (PBORs), re-employed in railways as their last pay drawn i.e. the pay drawn at the time of retirement from Defence Forces (prior to reaching the age of 55 years) has not been protected on their re-employment in the Central Government Departments like Railways etc. Federation also brings to your kind notice that such of those retired Defence Forces Personnel, when re-employed in the public sector undertakings (Central/State PSUs) they have been granted the benefit of pay fixation on the last pay drawn at the time of retirement from Armed Forces. Sadly, in the railways and in some other Central -Government Departments, similar pay fixation benefit has not been extended, resulting dis¬appointment and frustration among the re-employed armed forces personnel (retired),

In this connection, it is worth-mentioning that the National Federation of Indian Railwaymen (NFIR), a premier federation of the Railway employees, had taken up the subject at the level of Railway Ministry in the Permanent Negotiating (PNM) fora demanding pay re-fixation in favour of re-employed defence forces personnel on the basis of last pay drawn more particularly those who have been re-employed on and after 01/01/2006. On a reference made by Railway Ministry vide O.M. No, E(G)2013/EM 1-5 dated 07/12/2016, the DoP&T had however not agreed for reckoning last pay drawn for pay re-fixation on re-employment in railways. The Federation encloses a copy of Railway Ministry OM dated 07/12/2016 to the DoP&T and reply thereon received from DoP&T vide OM dated 21/02/2017.

Federation also brings to your kind notice that the DoP&T vide OM dated 18th Oct 2017 has since called for suggestions for finding single methodology for pay re-fixation of all the ex-servicemen including PBORs, commissioned officers, ex-competent clerks/storemen, NFIR vide letter of even no. dated 21112/2017 has submitted valid suggestions to the Secretary, Ministry of Defence, Dept of Ex-Servicemen, Welfare. South Block, New Delhi for consideration. A CON’ of said letter is also enclosed for ready reference. In the said letter, the Federation gave following suggestions to the Ministry of Defence/DoP&T :

(a) Considering the role of Defence Forces Personnel in safeguarding -the Nation’s integration, these personnel deserve to be given pay fixation on the basis of their last pay drawn on re-employment in the Railways and other Central Government Departments.

(b) Their pension needs to be totally ignored as the pension is the social security net in recognition to their loyal services to the nation.

(c) The PBORs are not the Personnel of high rankings with higher Wages, therefore their case needs to be considered with greater sympathy and for this said reason, their last pay drawn at the time of retirement from armed forces, needs to be treated as entry pay on re¬employment in Railways and Central Government Departments.

(d) Alternatively, the number of year’s service rendered by the ‘PBORs in Armed Forces be taken into account for granting pay fixation duly adding, equal number of increments to the Minimum pay of the re-employed post. This can be made- applicable to all PBORs who have joined Central Government Departments after 01/01/2006.

(e) In those cases of PBORs retired before attaining the age of 55 years and got re-employment in Government services, their initial pa on re-employment may be fixed at the minimum of the Scale of pay prescribed for the post and after fixing the pay in case the initial pay so fixed, is found to be less ‘than the last pay drawn in One Armed Forces, all such cases may be treated as “cases of undue hardship” and in those cases, their pay may be re-fixed at higher stage duly granting one increment for each year of service rendered in the Armed Forces in order to bring their initial pay at ‘par with the pre-retirement pay. However, the pension :already drawn by these Personnel need to be continued un-altered.

NFIR therefore requests the kind intervention of Hon’ble Prime Minister to see that the legitimate demand of the former Defence Forces Personnel is conceded and orders issued soon.

Federation hopes to receive the communication from the Government on the outcome of the decision taken in the matter,

With kind regards,

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

No.II/35/Part XIV

Dated: 21/12/2017

The Secretary,
Ministry of Defence,
Department of Ex-Servicemen welfare,
[D(Res-I)]
South Block,
New delhi

Dear sir,

Sub : Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts in Railways etc – reg.

Ref : DoP&T OM F.No.3/3/2016-Estt.(Pay-II) Dated 18th October,2017.

The Defence Forces Personnel (PBORs) have been put to grave injustice as their last pay drawn at the time of retirement from Defence Forces has not been protected on their re-employment in the Central Government Departments(Railways etc.,).

However, such of those Defence Forces Personnel retired from the Defence Forces and got re-employed in the Public Sector undertakings in the country have the benefit of pay fixation on last pay drawn at the time of the retirement from the Armed Forces. This reveals that the Force Personnel re-employed in the Railways and  other Central Government Departments have been discriminated again ct.

The National Federation of Indian Railwaymen (NFIR), a premier Federation of Railway employees had taken up the subject matter at the level of Railway Ministry in one of the PNM meeting demanding pay re-fixation in favour of re-employed Defence Forces Personnel on the basis of last pay drawn particularly- those who were re-employed on and after 01/01/2006. Conceding the Federation’s demand, the Railway Ministry vide OM No E(G)2013/EM 1-5 dated 07/12/2016 had sent proposal to the DoP&T, but however„ the same was turned down. In this connection, Federation encloses a copy of Railway Ministry OM dated 07/12/2016 addressed to DoP&T together With the reply received from DoP&T vide OM No. 1213833/2016-Estt. (Pay-II) dated 21 February 2017.

The. NFIR has now learnt that the DoP&T vide OM F.No. 3/3/2016-Estt. (Pay-II) dated 18th October, 2017 has sent proposal to the Department of Ex-Servicemen Welfare, (Sena Bhavan) South Block,. New Delhi suggesting that single methodology for pay fixation of all the re-employed pensioners including the PBORs; Commissioned Officers, Ex-Combatant Clerks/Storeman etc.; needs to be evolved, superseding the previous instructions contained in DoP&T OM. dated 31st July 1986. The Department of Ex-Servicemen Welfare, is consulting the re-employed Defence Forces Personnel for eliciting. their views before sending its views to DoP&T for its consideration.

NFIR now suggests to the Ministry of Defence to consider the following valid points for taking up the matter with DoP&T.

(a) Considering the role of Defence Forces Personnel for safeguarding the Nation’s integration, these  personnel deserve to be given pay fixation on the basis of their last pay drawn on re-employment in the Railways and other Central Government Departments.

(b) Their pension needs to be totally ignored as the pension is the social security net in recognition to their loyal services to the nation.

(c) The PBORs are not the Personnel of high rankings with higher wages therefore their case needs to be considered with greater sympathy and for the said reason their last pay drawn at the time of retirement needs to be treated as entry pay on re-employment in Railways and Central Government Departments.

(d) Alternatively, the number of years service rendered by the PBORs in Armed Forces be taken into account for granting pay fixation duly adding, equal number of increments to the minimum pay of the re-employed post. This can be made applicable to all PBORs who have joined Central Government Departments after 01/01/2006.

(e) It is also proposed that in those cases of PBORs retired before attaining the age of 55 years and got re-employed in Government services, their initial pay on re-employment may be Fixed at the minimum of the scale of pay prescribed for the post and after fixing the pay, in case the initial pay so fixed, is found to be less than the last pay drawn in the Armed Forces; all such cases may be treated as “cases of undue hardship” and in those cases, their pay may be re-fixed at higher stage duly  granting  one increment for each year of service rendered in the Armed Forces so as to bring their initial pay at par  with the pre-retirement pay. However, the pension already drawn by these Personnel need not be meddled with.

NFIR trusts that the above suggestions may kindly be considered for inclusion in the proposal to be sent to the DoP&T. We shall be grateful if copy of the proposal sent to DoP&T is made available to the Federation to enable us to follow up the matter.

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

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Ni.E(G)/2018/EM)-5

The General Secretary,
National Federation of Indian Railwaymen,
3, Chelmsford Road,
New Delhi

Sir,

Sub : Initial pay fixation of re-employed ex-servicemen who held posts below Commissioned Officer Rank in Defence Forces, retired before attaining the age of 55 years and have been appointed on re-employment basis in civilian posts in Railways etc – reg.

The undersigned is directed to refer to NFIR’s letter No.II/35/Part XIII dated 23.11.2016 on the above subject and to state that with the reference to Board’s letter of even number dated 7/12/2016 addressed to DoP&T pursuant to the discussion in the separate meeting on the issue held on 27/9/2016, DoP&T vide their OM No.1213833/2016-Estt(Pay-II) dated 21/2/2017 (copy enclosed) have clarified that the pay of non-commissioned ex-servicemen (PBOR) who retire from the defence Forces before attaining the age of 55 years is to be fixed applicable in the Direct Recruits appointed on or after 1.1.2006 without any protection of last pay drawn , in accordance with prevailing guidelines vide para 4 of OM dated 31.07.1986 as amended vide OM dated 05.04.2010 which provide for methodology of pay fixation on re-employment.

Yours faithfully,
S/d,
for secretary,
Railway Board

Source : NFIR