Grant of Study Leave to the railway employees for pursuing higher studies in India - modification of extant provisions - NFIR
Grant of Study Leave to the railway employees for pursuing higher studies in India - modification of extant provisions.
A copy of letter has been uploaded in their official website of NFIR, regarding grant of Study Leave to Railway employees for pursuing higher studies in India. NFIR insists to pay allowances (such as Study Allowace and Transport Allowance) to the employees who are granted sutdy leave for acquiring higher skills...
The content of the letter is reproduced and given below for your ready reference...
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI -110055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)
The Secretary (E),
Railway Board, Kind attention Shri Suresh Kumar Seth. AM/Staff
Sub: Grant of Study Leave to the railway employees for pursuing higher studies in India - modification of extant provisions - requested.
Leave Rules play a significant role in the personal life and career prospects of a Government Employees including Railway employees. So for as Railway employees are concerned, the leave rules are available vide Chapter 5 of the Indian Railway Establishment Code, Vol-I-1985 (2 Reprint Edition). Leave Rules, also known as Railway Services (Liberalised Leave) Rules, were first introduced w.e.f. 1949 and are applicable to Railway employees appointed on or after 1st February, 1949. Though these rules have been amended from time to time yet do not fulfil the present day requirement and at times found totally outdated.
1.1 Important segment of these Rules which affect adversely are the rules on “Study Leave”. The Study Leave is generally granted to the Railway employees of Group ‘A’, ‘B’ & ‘C’ categories.
1.2 Rule 556 read with Appendix ‘V’ of the ‘Leave Rules’ provides for ‘STUDY LEAVE’ where following provisions have been made in Rule (7).
Leave salary during study leave
(1) During study leave availed outside India a Railway servant shall draw leave salary equal to the pay (without allowances other than dearness allowance) that the Railway servant drew while on duty immediately before proceeding on such leave, in addition to the study allowance admissible in accordance with the provisions of rules 8 to 10.
(2) (a) During study leave availed in India, a Railway employee shall draw leave salary equal to the pay (without allowances other than dearness allowances) that the Railway servant drew while on duty immediately before proceeding on such leave.
(b) Payment of leave salary at full rate under clause (a) shall be subject to furnishing of a certificate by the Railway servant to the effect that he is not in receipt of any scholarship, stipend or remuneration in respect of any part-time employment.
(c) The amount, if any received by a Railway servant during the period of study leave as scholarship or stipend or remuneration in respect of any part time employment as envisaged in sub-rule (2) of rule 8, shall be adjusted against the leave salary payable under this sub-rule subject to the condition that the leave salary shall not be reduced to an amount less than that payable as leave salary during half pay leave.
(d) No study allowance shall be paid during study leave for courses of study in India.
1.3 Rule 2 (d) quoted above clearly puts restriction that no study allowance is payable if study is undertaken in India.
1.4 On the other hand railway employees undertaking study outside India are paid study allowance that too in foreign currency. The provision needs to be amended for extending study allowance to Railway employees who avail study leave for acquiring higher skills in the Country also.
2. NFIR desires to cite a case of Railway Employee who will be facing financial hardship while availing Study Leave. The facts of the case are given here under:
2.1 Ms Jyoti Chawla, Chief Matron (PB-II & GP Rs.5400/-), working in the Northern Railway Central Hospital, New Delhi, has been sanctioned two years Study Leave commencing from 23/07/2013 to 22/07/2015 for doing M.Sc. (Nursing) at Raj Kumari Amrit Kaur College of Nursing, Lajpat Nagar, New Delhi, by the Medical Director, Central Hospital. New Delhi, vide Notice No.724-E/Jyoti Chawla/Chief Matron/CH dated 31/05/2013.
2.2 While sanctioning Study Leave, restrictions have been laid down in the notice issued by the Medical Director, Central Hospital that all expenditure for pursuing the said course i.e. Tuition Fee, Hostel Fee, Books, Boarding & Lodging etc., any other expenses shall be borne by her at her own level.
2.3 The employee has also to execute a bond to serve the Railway Administration for three years on completion of the said course with further condition that in case she resigns/leaves the service, she will have to deposit the amount of leave salary paid to her during Study Leave. A copy of said notice is enclosed for reference.
3. The position brought out above shows that the above-named employee while pursuing the M.Sc. (Nursing) shall not be entitled for study allowance, and even transport allowance for attending daily classes of M.Sc.(Nursing). Federation further wishes to state that with the radical changes in the Educational Sector and with the setting up new medical and engineering colleges with almost all types of syllabuses, the expenditure incurred by the Railway employees needs to be borne by the Railway Administration, thus the employees alongwith leave salary should be paid allowances like:
Transport Allowance etc.,
to motivate them to acquire higher skills which would benefit railways as such staff would give equality services.
NFIR. therefore, requests the Railway Board to kindly consider and amend extant provisions, allowing the payment of above allowances to the employees who are granted Study Leave for acquiring higher skills.
Source : NFIR