SOME OF THE IMPORTANT FAVOURABLE DECISIONS ARRIVED DURING THE YEAR

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1 SOME OF THE IMPORTANT FAVOURABLE DECISIONS ARRIVED DURING THE YEAR Railway Board vide letter No.E(LR)I/2010/NM 1-1 dated (RBE No.4/2012) have provided two extra slots for women employees at the Zonal level PNM meetings and one extra slot at the Divisional level PNM meetings. Railway Board vide their letter No.E(NG)II/2011/RR-1/11 dated (RBE No.166/2011) have decided that the candidates belonging to the categories of compassionate appointment, land loser, accident victims, LARSGESS and Substitutes, not in possession of prescribed educational qualifications for the post will be recruited/engaged as trainees who will be given regular pay band and grad pay only on acquiring minimum educational qualification prescribed under the recruitment rules. The emoluments of these trainees during the period of their training and before they are absorbed in the government as employees will be governed by the minimum of the -1S pay band without any grade. The period spent in the -1S pay band in the future recruits will not be counted as service for any purpose as their regular service will start only after they are placed in the PB-1 of Rs along with GP of Rs Railway Board vide their letter No.E(P&A)I-2010/RT-2 dated have (i) included Trolleymen of the departments other than Civil Engineering in the list of Safety Categories, (ii) dispensed with the requirement of Physical Efficiency Test for recruitment under LARSGESS, and (iii) relaxed the prescribed minimum educational qualifications for recruitment under the scheme in line with the recommendations of VI CPC. Railway Board vide their letter No.E(W) 2011/UN-1/9 dated have decided that the breakdown staff may be provided with an extra set of uniform in addition to their eligibility as laid-down in the Dress Regulations. Railway Board vide their letter No.E(W) 2008/ED-2/5 dated have issued following clarifications reg. grant of Special Allowance for Child Care for women with disability, reiterating DoP&T s orders, contained in their O.M. No.12011/04/2008-Estt.(AL) dated Doubt Clarification Whether the women employees with disabilities No. In case of multiple births at the time of first shall be entitled for allowance at double the rates for child birth, the woman employee shall not be multiple births at the time of first child birth? entitled to this allowance at double the rates for multiple births. Whether the allowance would be admissible for the 3 rd child in case first two children, i.e. if the first child(or for that matter the 2 nd child) expires before attaining the age of two years? It is clarified that the grant of Special Allowance for child care for women with disabilities is admissible for two years from the birth of the child so long as the woman employee does not have more than two surviving children. Railway Board vide their letter No.E(G) 2008 QR1-14(CGA) dated (RBE No.21/2012) have decided that a relaxation of six months in retention of Railway quarter in case of compassionate appointment to the wards/spouse of the missing Railway employees where employee is missing and compassionate appointment begins after 02 years from the date of missing/lodge of FIR may be allowed thus making the normal permissible period as two years and six months subject to the conditions laid down in the original letter dated The six months additional extension, so granted, is further extendable by another six months, only with the approval of the GM of the concerned Railway, in cases

2 where finalization of compassionate appointment gets delayed thereby making the maximum period of retention on normal rent as three(1+1+1/2+1/2) years. Railway Board vide their letter No.2011/E(Sports)/4(1)/1/Policy Clarifications dated have communicate clarification to the General Managers of the Indian Railways that the Railway Administration can grant incentive increments, only for the sports achievements in the Championships/Events concluded on or after the date of issue of above referred policy letter. All other cases of incentive increments shall be dealt with as per policy in vogue at the time of such sports achievements. The Adviser(IR), Railway Board vide his D.O. letter No.2012/E(LL)/HER/5 dated has advised the GMs and DRMs of all the Zonal Railways to ensure that the cases exceeding 10-hour duty by Running Staff are brought to the minimum and the crew management system is improved. Railway Board vide their letter No.E(NG)II/2012/RC-1/Genl/5 dated have decided to give one more chance to the widows/wards for appearing in the suitability test for appointment on compassionate ground (AIRF s PNM Item No.9/2012). On the persistent efforts of AIRF Railway Board vide their letter No.2012/E(LL)/HER/3 dated have advised the GMs of the Indian Railways to ensure that whenever change of classification under Railway Servants(Hours of Work & Period of Rest) Rules, 2005 is resorted to, instructions issued on the subject from time to time may be kept in view. Railway Board vide their letter No.2011/E(Sports)/4(3)/4(Transfer Policy) dated have decided that henceforth the cases of own request transfer of sportspersons recruited against Sports Quota, from one Railway/ Unit to another Railway/Unit shall be decided exclusively by the General Mangers of the concerned Railways/Units. The general conditions governing request transfers, like educational qualifications prescribed for recruitment to the category/post to which transfer has been sought for, assignment of bottom seniority etc., will apply in all cases of transfer of such sportspersons, on their own requests. Railway Board vide their letter No.PC-VI/2010/I/7/5/1 dated have revised the rate of two additional increments(3% of the basic pay) of the Nursing Staff. Railway Board vide their letter No.E(W)2007/SC2/7 dated have enhanced the remuneration admissible to contractual teachers, appointed on contract basis in Railway Schools at the rates indicated as under:- (i) Post Graduate Teacher Rs.220 per period subject to maximum of five periods in a day. (ii) Trained Graduate Teacher Rs.210 per period subject to maximum of five periods in a day. (iii) PRT Rs.170 per period subject to maximum of five periods in a day. Railway Board vide their letter No.E(W)2009 PS 5-1/30 dated have decided to allow Railway officials to travel in Duronto Express trains while travelling On Duty only, subject to the entitlement of Railway officer/staff to travel in Duronto Express trains will be same as that in case of Rajdhani Express trains with the only exception that the highest class in which they can travel in these trains will be 2 AC and not 1 AC. Railway Board vide their letter No.PC-VI/2012/I/RSRP/1 dated (RBE No.40/2012), following Ministry of Finance(Department of Expenditure) s O.M.No.10/02/ 2011-E.III/A dated , have decided that, in relaxation of stipulation under Rule 10 of the RS(RP) Rules, those Railway employees

3 who were due to get their annual increment between February to June during 2006 may be granted one increment on in the pre-revised pay scale as a one-time measure and thereafter will get next increment in the revised pay structure on as per Rule 10 of RS(RP) Rules, In pursuance of the discussions held in the PNM meeting between the Railway Board and AIRF on February, 2012, on AIRF s PNM Item No.27/2006, Railway Board vide their letter No.E(MPP)2009/6/8 dated (RBE No.39/2012), have withdrawn their letter dated (RBE No.91/2011) and decided that wherever higher grade posts have been surrendered after the issue of Board s letter dated (RBE No.32/2007) and which have led to promotions being adversely affected for staff working in the immediate lower grade(except in case of cadre restructuring) in all situations the higher grade posts may be restored and the post in the lowest recruitment grade from the cadre be surrendered without restoring to seeking difference of money value from the vacancy bank. Railway Board vide their letter No.E(W) 2007/PS 5-1/9 dated have extended validity period of full/half sets of Privilege/Post Retirement Complimentary/Widow Passes and Privilege Ticket Orders from the existing four months(120 days) to five months(150 days). Railway Board vide their letter No.E(G) 2002 QR1-2(Surplus) dated 20/ (RBE No.43/2012) have decided that the General Managers of the Railways be delegated powers to allot surplus quarters, due to shift/closure of establishments, to the employees posted at other stations. Railway Board vide their letter No.E(W)2000/PS 5-1/10 dated have decided to reckon Running Allowance for the purpose of revised entitlement of Passes/PTOs.(AIRF s PNM Item No.02/2012). Ministry of Personnel, Public Grievances & Pensions(DoP&T), in consultation with Deptt. of Exp. vide their O.M.No.14014/2/2009-Estt.(D) dated have issued following clarifications reg. compassionate ground appointment. S. Doubt Clarification No. 1. What will be status of Trainee? A person appointed as Trainee enjoys the status of a Government Servant from initial day and will be allowed all the allowances and benefits allowed to a government servant. 2. What will be the maximum time period allowed A person appointed as a Trainee on for a person appointed as Trainee to acquire compassionate grounds has to acquire minimum education qualification. minimum educational qualifications in 5 years. 3. Whether belated case of compassionate The belated case of compassionate appointments against the erstwhile Group `D appointment are considered as per the posts can be considered now after revised recruitment rules for the MTS posts. regularization of all Group `D employees as Group `C employees. 4. Whether a person appointed on compassionate grounds as Trainee will have probation period. 5. Whether Earned Leave, Half Pay Leave and other types of leave as applicable to regular The probation period of a person appointed as Trainee on compassionate ground will begin only from the date he/she acquires minimum educational qualification and such person will be on probation for a period specified in the Recruitment Rules of the post/grade against which he/she is being appointed. ground is entitled to all kinds of leave

4 Government employees would be allowed to a person appointed as Trainee on 6. Whether medical facilities/ benefit of CGEGIS/CGHS on deduction of subscription for these schemes. Patient Care Allowance is allowed to a person appointed as Trainee on 7. Status of payment of short/long term advances as applicable to regular government servants to a person appointed as Trainee on 8. Applicability of Leave Travel Concession to a person appointed as Trainee on 9. What is the entitlement of annual increment to a person appointed as Trainee on 10. What is the position with reference to reimbursement of Children Education Allowance (CEA) to a person appointed as Trainee on 11. What is the position with respect to payment of Overtime Allowance(OTA) to a person appointed as Trainee on compassionate ground. 12. Whether the dependent of compassionate appointee would be eligible for employment on compassionate grounds since their service in -1S Pay Band will not be counted as regular service. applicable to a regular Government Servant. A person appointed as Trainee on compassionate grounds is eligible to avail medical facilities/benefit of CGECIS/CGHS available to holder of post in the pre-revised pay scale of Rs without any grade pay. ground may be granted, by the competent authority, short term advances, with advances of pay recoverable in not more than 3 installments and advance of travelling allowances, festival advances, advances of in lieu of leave salary and advances of purchase of bicycles, warm clothing and table fans without production of surety, provided that such authority is satisfied that the same could be fully recovered or adjusted during the period of temporary employment of the said government servant concerned. In case of all other advances, a Trainee would be required to produce surety from a permanent central government servant, the surety bond being cancelled in the event of their confirmation in the permanent post. ground is to be allowed LTC concession only on completion one year service. ground, till he/she acquires minimum educational qualification, is allowed increment at normal rates in the pay scale of -1S. A person appointed as Trainee is allowed Children Educational Allowance as per the admissible rates. A person appointed as Trainee on compassionate ground is not entitled for OTA during the period he/she continue as Trainee. A Trainee has the status of Government Servant from initial day, as such, dependent of a person appointed on compassionate ground as Trainee would be eligible for compassionate appointment in the event of his/her death in harness. 2. In case of appointment of a widow not fulfilling the requirement of educational qualification, against the post of Multi Tasking Staff, she will be placed in Group `C Pay Band-1(Rs ) + GP Rs.1800 directly without insisting on fulfillment of educational qualification norms, provided the appointing authority is satisfied that the duties of the post against which she is being appointed can be performed with the help of some on job training.

5 This dispensation is to be allowed for appointment on compassionate ground against the post of Multi Tasking Staff only. Railway Board vide their letter No.E(W)2008/ED-2/4 dated have reiterated following clarifications, related to reimbursement of Children Educational Allowance admissible to Government employees, contained in DoP&T s O.M.No.12011/07(i)/2011-Estt.(AL) dated Fee shall mean fee paid to the school in which the child is studying, directly by the parents/guardian for the items mentioned in para 1(e) of DoP&T s O.M. dated (tuition fee, admission fee, laboratory fee, special fee charged for agriculture, electronics, music or any other subject, fee charged for practical work under the programme of work experience, fee paid for the use of any aid or appliance by the child, library fee, games/sports fee and fee for extra-curricular activities. This also includes reimbursement of purchase of one set of text books and notebooks, two sets of uniforms and one set of school shoes). Reimbursement of school bags, pens/pencils, etc., may not be allowed. There is no item-wise ceiling. - In case of misplacement of receipts given by the school/institution towards charges received from the parents/guardian, reimbursement may be allowed if the Government servant produces a duplicate receipt, duly authenticated by the school authorities. Receipts from private parties, other than the school, if misplaced shall not be entertained, even if a duplicate receipt is produced. Original receipts from school authorities need not be attested/countersigned/rubber stamped by the school authorities. - Reimbursement of 50% of the entitled amount for the academic year could be allowed in the first and/or second quarter and the remaining amount could be reimbursed in the third and/or fourth quarter. However, the entire entitled amount can be reimbursed in the last quarter. - Any enhancement in the ceiling of reimbursement per annum due to increase in DA by 50% shall be applicable on pro-rata basis from the date of increase in DA, subject to actual expenditure during the quarter. - Development Fee/Parents Contribution charged by the school/ institution in lieu of tuition fee shall be reimbursed. The Government servant will have to certify to the effect that tuition fee has not been charged by the school/ institution. - Fee charged directly by the school/institution for catering to the special needs of the child with disabilities, duly certified by the school authorities, shall be reimbursed in addition to items mentioned in para 1(e) of O.M. dated ((tuition fee, admission fee, laboratory fee, special fee charged for agriculture, electronics, music or any other subject, fee charged for practical work under the programme of work experience, fee paid for the use of any aid or appliance by the child, library fee, games/sports fee and fee for extra-curricular activities. This also includes reimbursement of purchase of one set of text books and notebooks, two sets of uniforms and one set of school shoes). - The minimum age of 5 years, stipulated in O.M. No.12011/03/2008-Estt.(Allowance) dated , for disabled children, pursuing non-formal education or vocational training stands removed. Henceforth, there will be no minimum age for any child for claiming reimbursement of Children Education Allowance/Hostel Subsidy. Railway Board vide their letter No.E(W)2012/ED-2/1 dated have decided that no recovery needs to be made from such Railway employees where Children Education Allowance has been paid in respect of any two children other than eldest two surviving children prior to Railway vide their letter No.E(W)2012/PNM/AIRF/1 dated have advised the GMs of the Indian Railways that the provision of Separate Dress Changing Room and Separate Toilets and Tiffin

6 Rooms etc. for women workers be made. Further, if necessary, resources available under SBF may also be utilized for such purposes. Railway Board vide their letter No.E(NG)-II/94/RR-1/29 dated (RBE No.57/2012) have extended relaxation of 03(three) years above the prescribed upper age limit for recruitment to all Group `C posts and posts in PB-1(GP Rs.1800), including engagement of Substitutes, for a further period of three years i.e. up to These orders take effect from Vide Board s letter No.E(NG)II/2006/RC-2/11 Pt. IV dated (RBE No.59/2012) orders were issued to the GMs of the Indian Railways and PUs regarding recruitment against Physically Handicapped Quota launch of Special Recruitment Drive Reg. Railway Board vide their letter No.E(P&A)II-2012/HW-1 dated have revised the rates of Night Duty Allowance w.e.f (i) (ii) (iii) (iv) Railway Board vide their letter No.E(P&A)I-2010/RT-2 dated have taken following decisions:- Those Railways who have declared results, whether based on PET or without considering result of PET, should treat the result as final. Those Railways who have conducted PET but are yet to publish the panel should finalize the panel based on the PET result. Those who have yet held PET or have only scheduled PET should cancel the PET and declare the result based on written examination. Those candidates who have failed PET and are declared/to be declared as failed, may be given another chance in January-June 2012 cycle where PET has already been dispensed with. However, such relaxation in eligibility, if any, will be given by Board. Railway Board vide their letter No.E(NG)I-2008/PM1/15 dated (RBE No.65/2012) have issued instructions to the General Managers of the Indian Railways and Production, to fill-up promotional quota vacancies till , withdrawing para 2.1 of their letter dated , vide which para 2.3 of Board s letter dated was nullified. Railway Board vide their letter No.E(G) 2009 QR1-2 dated (RBE No.66/2012) have issued orders reg. retention of railway quarter by Railway officers/staff posted to ECR and NWR. Vide Railway Board s letter No.2011/H/28/1/RELHS/Court Case dated , orders have been issued for the extension of RELHS 97.

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