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...
NFIR
National Federation
of Indian Railwaymen
3, CHELMSFORD ROAD,
NEW DELHI -110055
Affiliated to :
Indian National Trade
Union Congress (INTUC)
International
Transport Workers’ Federation (ITF)
No.II/10
Dated: 24-06-2013
The Secretary (E),
Railway Board,
Kind attention Shri Suresh Kumar Seth. AM/Staff
New Delhi
Dear Sir,
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requirement and at times found totally outdated.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:
Study Allowance,
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.
Yours faithfully,
sd/-
(M.Raghavaiah)
General Secretary
Source : NFIR
