Withdrawal of New Pension Scheme- NFIR submitted Justification report to Railway Board
Following
the All Indian Railwaymen's Federation(AIRF), National Federation of
Indian Railwaymen (NFIR) has now submitted the justification report of
withdrawal of New Pension Scheme in the Ralways to Railway Board.
The complete text of the justification report has been reproduced and given below for your ready reference...
National Federation of Indian Railwaymen
No. IV/NPS/PFRDA Bill
The Executive Dircetor/IR
Railway Board
New Delhi.
Madam,
Sub:- Withdrawal of New Pension Scheme - reg.
Ref:-
Minutes of the Meeting held by Railway Board with the Federations on
07/2/2014 Circulated vide letter No.2013/E(LR)II/1/17 dated 18/02/2014.
With
reference to the minutes of the meeting circulated vide letter dated
18/02/2014. it is informed that NFIR furnishes inputs justifying
withdrawal of New Pension Scheme in the Railways vide annexure to this
letter.
NFIR trusts that a cogent case shall be
made out by the Railway Ministry duly incorporating the inputs contained
in the "Annexure” to be sent to the Finance Minister by the Railway
Minister, proposing withdrawal of New Pension Scheme in the Railways.
DA/As above
Why Liberalised Pension is required
Indian
Railways is one of the largest Railway systems in the World and is
fully owned and operated by the Ministry of Railways (Railway Board),
Government of India. It plays a significant role in driving economic
growth of the country. offering highly affordable, environment-friendly
transportation of passengers and freight specially bulk commodities
across the country and also for rapid movement of Army, para-military
forces and their connected artillery and military hardware to the
Nation’s borders. The role of Indian Railways thus cannot be undermined
under any circumstances.
Ministry ol Railways
(Railway Board) introduced Pension System exclusively for Railway
employees who entered Railway service on 16th November 1957. These rules
were subsequently modilied as Railway Services (Pension) Rules 1993 and
Railway Services (Extraordinary) Pension Rules 1993. It is also
worth-mentioning that the Hon’ble Supreme Court in the case of DS Nakara
and Others Vis Union of India (AIR-1983-SC-I30) gave following verdict:
“Pension
is neither a bounty nor a grace bestowed by the sweet will of the
employer but is a payment for the past services rendered. It was
construed as a right step towards socio-economic justice and a concrete
assurance to the effect that the employee in his old age is not left in
the lurch.”
2. The New Pension Scheme introduced by the Government of India has not been made applicable to the following:
(a) Peronnel in Armed Forces.
(b) Personnel working in Para-Military establishments.
(c)
The State Governments of West Bengal, Kerala and Tripura through their
executive instructions consciously decided to continue with the
liberalized pension scheme to their employees and not to adopt new
pension scheme.
3. Justification for scrapping the New Pension Scheme:
3.1 Unique RaiIways working:
3.1.1
Federation wishes to invite attention to the fact that the working of
Indian Railway is totally different and distinct as compared to other
Departments of the Central Government. Even during the colonial period,
the Railways was conceived and operated as an auxiliary wing of the
Army, primarily because of its nature of work rendered round the clock,
365 days in the year facing extremely tough working conditions in all
seasons may be extreme hot, cold or torrential rains and its
well-defined role in rapid movement of troops across the Indian
sub-continent, more particularly on the borders when the Railway
employees are exposed to the peculiar situations. It is also
worth-mentioning that though the Indian Army fights war once in
two/three decades. Railway employees are required to face war-like
conditions/situations in their day to day work - may be due to
derailment, accidents breaches, bandhs. civil disobedience movements
besides providing back up support for Army by ensuring speedy rail
movement.
In support of the above contention, NFIR
wishes to bring to the notice following excerpts from the Report of
“The Railway Safety Review Committee. l998” (Part-I) headed by Retired
Judge of the Supreme Court (Justice HR Khanna) where the Committee has
observed as under:
‘During the colonial period,
the Railways was conceived and operated as an auxiliary wing of the
Army, primarily because it provided the transport muscle that enabled
rapid movement of troops across the Indian sub continent. There was,
however, another less visible but important reason for the close linkage
with the Army. The colonizers realized that the Railways, by virtue of
its complex nature, required a high degree of discipline and efficiency
to be able to perform its role as the prime transport mode. This, in
turn, meant a system of working more closely allied to the Armed Forces
than the sometimes lax civilian forms. Thus historically, Indian
Railways (IR) has functioned differently from other Government
Institutions.”
Justice Khanna has therefore
observed in the report that it is not only unrealistic but also
dangerous to treat the Railways and its problems on par with other
Government departments which has unfortunately been the case with the
Indian Railways post
independence.
3.1.2
Indian Railways is quite unique in its working and distinctive in
character. A lot of challenges are required to be faced to make the
railway system safe, reliable, efficient and capable of fulfilling the
needs of not only of common public through transportation of passengers
and other products like Iron ore, minerals, food-grains etc. but also
ensuring safety of the country by reaching the border areas. During the
course of performance of duties a number of Railway employees lose their
lives and also sustains injuries like Military and para-military
forces. The report submitted by the High Level Safety Review Committee,
comprising of Technocrats and Specialists in the field led by eminent
scientist Dr Anil Kakodkar had highlighted following figures in respect
of railway employees vis-à-vis passengers/general public killed and
injured during the year 2007/08 to 2011 :-
| | Killed | Injured |
| (a) Railway employees | 1600 | 8700 |
| (b) Passenger/Public | 1019 | 2110 |
| (c) Unmanned Level crossing | 723 | 690 |
The
above position is sufficient to prove that the working of Railway staff
cannot be treated as less arduous than the Military and Para-military
personnel and there is need that Railway employees are exempted from the
application of New Pension Scheme, presently called National Pension
System and the Railway employees should continued to be governed by the
Liberalized Pension Scheme called as Railway Services (Pension) Rules.
1993 and or Railway Services (Extraordinary Pension) Rules, 1993.
3.2 Uniqueness of Indian Railways and the crucial role of railway employees for providing efficient services:
There
are only two things which moves uninterruptedly, one is ‘Wall Clock’
and the other is Indian Railways. There are certain factors which
epitomizes Indian Railways as Unique such as
-
hazards induced by job environments, sorking conditions and capital
health which are totally uncommon. These conditions prevail only in
Armed Forces.
- Rigorous medical standards,
periodic updating of skills, workforce to prepare itself to match with
changed technological upgradation-Unique to Railways.
-
Railway employees job profile have built in integration of
performance-cum-safety, execution-cum-self certification besides
extended duty hours demanded by critical operational regime.
-
Like Armed Forces, the Railway employees are expected to remain at
their Headquarters/Stations even while availing periodic rest and they
should report to duty in emergency and in the event of any untoward
eventuality. Without prior permission
they cannot leave Headquarters even during Rest Day. This system is not prevailing in any other Central Government Organization.
-
Even when they avail lease, they are expected to give the address on
leave facilitating the Railway management to summon them to take up duty
at a short notice. This is akin to that of Armed Forces.
-
Railway employees are expected to rise to the occasion in the event of
any crisis like accidents, floods. sabotage etc even while on leave and
assist the system.
The above provisions are in-built in various Rules laid down by the Railways.
3.3 Uniqueness in the duties:
The
uniqueness in performing the duties of railway employees which are
unmatched & second to none, is that the employee has to continue on
duty and to wait for his reliever to Lake charge and he is not expected
to leave the post al though duty hours are complete unless and until his
reliever reports and takes charge, e.g. Train Controller, Station
Master, Electric Signal Maintainer, Technical staff Loco Pilots, Guards
etc. Thus their nature of duties are akin to that of defence personnel.
3.4 Exposed to Risks :-
While
performing duties whether running the trains, maintaining
Tracks/S&T assets. attending to under-gears of the rolling stock the
staff sneak in between two rails for ensuring train formations fit to
run.
Continuously work under open Sky. in
remote/jungle areas facing inclement weather conditions, susceptible to
air pollution and high decibel noise which are unique so far as
hazardous working conditions faced by vast majority of railway employees
similar to the conditions faced by army personnel during war time.
Vast
majority of Railway employees work at remote places, jungle areas and
road side stations where number of amenities do not exist — this is
similar to that of Defence forces.
Nature of
Railwaymen’s working is against cultural harmony, biological clock i.e.
round the clock working in shifts, continuously night duties resulting
into irregular living like that of military/para-milìtary personnel.
Railway
employees are exposed to anti-social elements in the course of
performing duties which is also unique to the Railway System similar to
the situations faced by para-military staff;
Railway
employees are liable for criminal prosecution in case if accidents as
their nature of duties are connected with the movement of trains round
the clock with high safety standards while ensuring punctuality - a
peculiar situation which is not faced by the staff of any other
Ministry/Department of Central Government.
The
duties of Railway employees are strenuous as Indian Railways is an
operational transportation network. Continuous stress and strain in the
course of performing duties has been resulting in health hazards like
Hyper-tension, diabetes, Ulcer, Cardiac problems leading to premature
deaths, medical invalidation at a scale larger than Armed para-military
forces. It is reported that the number of deaths while on duty or in
service or on leave/sick is nearly 10000 per annum. This alarming number
of deaths is due to various difficult working conditions.
Rail work force are expected to possess quick reflexes like that of armed forces for ensuring best services to the customers.
4. Indian Railways’ Resources
Indian
Railways have their own budget. Dedicated and devoted services of
Railway employees is a real contributing factor for running this
important transportation system. The earnings generated by the Indian
Railways due to continued efficient services of all the categories of
employees have not only resulted in substantial earnings but also made
I.R., to meet the expenditure towards staff wages, allowances, pension
liabilities etc.. thus capable to absorb these commitments from its own
resources.
5. Healthy Industrial relations
The
country as well as the Indian RaiIways should feel proud of its work
force which has been working relentlessly for providing satisfactory
services to the Customer. Healthy Industrial Relations have been built
by pursuing mutual trust and co-operation among the staff of all
categories as well as the management during the last 39 years. Not a
single man-day has been lost on employees account during the period of
four decades in the Railways due to disciplined work culture in bulk
among the employees. The New Pension Scheme has unfortunately resulted
into disappointment and frustration among railway employees. This needs
to removed for ensuring equal justice to all employees irrespective of
their date of appointment whether they are pre 01/01/2004 or post
01/01/2004. Withdrawal of New Pension Scheme in Railways would generate
good industrial relations and contribute for improved efficiency and
best operating ratio.
sd/-
(M.Ragavaiah)
General Secretar
NFIR
Source: NFIR
