No. 1/5(g)/Part VI
Dated: 04/09/2017
The Secretary (E),
Railway Board,
New Delhi
Railway Board,
New Delhi
Dear Sir,
Sub: Illegal withdrawal of Family Planning Allowance —withdrawal of orders -urged.
Ref: (i) Railway Board’s letter No. PC V/2008/A/O/2 (FPA) dated 14/10/2008 (RBE No. 151/2008).
(ii). Railway Board’s letter No. PC V/2017/A/FPA/1 dated 28/07/2017 (RBE No.77/2017).
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The Railway Board vide instructions
dated 28/07/2017 (RBE No. 77/2017) has discontinued Family Planning
Allowance hitherto allowed to the serving employees, having undergone
Family Planning Operation with effect from 1st July 2017, citing
Government’s decision on the recommendation of the 7th Central Pay
Commission. In this connection, NFIR invites Railway Board’s attention
to the following valid points for reviewing its decision:-
(a) The 7th CPC vide para 8.17.50 of its report has observed as follows:-
“the level of awareness regarding
appropriate family size has also gone up among the government servants,
Hence, a separate allowance aimed towards population control is not
required now. Accordingly, it is recommended that Family Planning
Allowance should be abolished.”
The Ministry of Finance vide OM F.No.
12(4)/2016-EIII.A dated 7th July 2017 has decided to accept. the
recommendation of 7th CPC which means that the provision for granting
Family Planning Allowance stood abolished henceforth (i.e. July 1,
2017).(b) Nowhere, the 7th CPC has
recommended for discontinuance of Family Planning Allowance already
allowed in the past in terms of Government’s decision — OM No.
7(39)E.III/79 dated 4th December, 1979. In view of this, the Railway
Board’s decision vide para 2 of its letter dated 28th July 2017 (RBE
77/2017) that Family Planning Allowance, as admissible hitherto, shall
cease to exist in all cases, is not only illegal but also highly
unjustified. It needs to be appreciated that the said Family Planning
Allowance has been allowed as a result of conscious decision taken by
Government decades back. Withdrawing the said allowance for the past
cases is unconstitutional, leading to avoidable litigation.
(c) 7th Schedule of the
Constitution’s 42nd amendment, inserted (C) Entry 20-A, providing for
population control and family planning is one of the constitutional
provisions. As a follow up to the said constitutional provision, the
Government had granted incentive in the form of Family Planning
Allowance to encourage small families and several employees have
fulfilled the norms prescribed for entitlement of the said incentive and
got the said allowance. Withdrawing the said Family Planning Allowance
allowed already, at this stage by mis-quoting 7th CPC recommendation and
Government’s decision is bad in law and also immoral.
(d) NFIR, further reiterates that a
careful reading of 7th CPC recommendation reveals that the Family
Planning Allowance be abolished as the Commission has never stated that
the allowance already allowed be withdrawn/discontinued or should cease
to exist in all cases.
NFIR, therefore, requests the Railway
Board to kindly correct para 2 of letter dated 28th July 2017 suitably
for continuing the Family Planning Allowance in those cases where it was
rightly granted pursuant to Government’s Policy decision. NFIR suggests
that in case the Railway Ministry is not convinced with the logic and
facts placed above, the Federation’s contentions may be sent to the
Ministry of Finance for clarification. Federation may please be replied
on action being taken on the subject early.
Yours faithfully
S/d,
(Dr. M. Raghavaiah)
General Secretary
Signed Copy(Dr. M. Raghavaiah)
General Secretary
