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Page 1: Item No - All India Railwaymen's Federation PNM Agenda_14.08.2013.pdf · As per provision existing in current Pass Rules, the employees who have rendered less than 20 ... Passes issued
Page 2: Item No - All India Railwaymen's Federation PNM Agenda_14.08.2013.pdf · As per provision existing in current Pass Rules, the employees who have rendered less than 20 ... Passes issued

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Item No.1 A. Sub: Provision of Post Retirement Complimentary Passes to the spouse/widow of deceased railway employees appointed on compassionate ground As per provision existing in current Pass Rules, the employees who have rendered less than 20 years of service in the Railways are not entitled for Post Retirement Complimentary Passes. As such, spouses of the deceased employees appointed on compassionate grounds at the age of above 40 years are not provided with Post Retirement Complimentary Passes. It may be appreciated that the appointment on compassionate grounds is specific to provide relief to dependent family of the deceased railway employee. On account of non-provision of facility of Post Retirement Complimentary Passes to such compassionate ground appointees who were appointed above the age of 40 years face acute hardship after their retirement on superannuation. There are a number of such cases on different zonal railways. AIRF, therefore, feels that non-provision of Post Retirement Complimentary Passes to compassionate ground appointee for their appointment after attaining age of 40 years and above, as they do not complete 20 years of Qualifying Service up to their superannuation, is great injustice being meted out to them, as such, demands that the facility of Post Retirement Complimentary Passes should be extended to them by computing Railway Service of their spouse/deceased employee with their own service. B. Sub: Provision of Complimentary Passes and medical facilities to unmarried daughters after the death of parents Unmarried daughters of the railway employee, in receipt of pension after retirement, are entitled for Family Pension after the death of their parents as per extant rules, considering them fully dependent upon their mother and father. It is, however, noticed that, so far as medical facilities, Complimentary Passes to such unmarried daughters, fully dependent upon their parents, are concerned, the rules are totally silent, as a result of which, such unmarried dependent daughters are denied medical treatment in Railway Hospitals as also facility of Complimentary Passes, which are urgently needed by them. There may be a number of such cases on different zonal railways, and for example, the case of Kumari Nirmala Bhatia, unmarried daughter of Late Shri Mool Chand Bhatia, Ex. Chargeman, Wagon Repair Shop, Kota, West Central Railway, retired on 30.09.1988 and expired on 21.10.2004 and his wife, Smt. Mohini Bhatia, also expired on 13.04.2006 may be quoted, in which case, the facilities of Complimentary Pass and medical treatment are being denied by the Railway Administration. AIRF urges that since the unmarried daughters are already entitled for Family Pension after the death of their parents, considering their total dependency on their mother and father, therefore, the facility of medical treatment and issue of Complimentary Passes should also be extended to them as a helping hand to them in hard days.

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Item No.2 Sub: Allotment of higher pay scale to Accounts Staff of Indian Railways with retrospective effect from 01.01.1996 rectifying the errors of the Ministry of Railway’s letter No.PC-VI/ 98/1/11/23 dated 07.03.2003 Ref: AIRF’s letter No.AIRF/5(133) dated 24.05.2013 Serious injustice has been perpetuated to the staff of Accounts Department of the Indian Railways by denying them proper pay scales w.e.f. 01.01.1996, instead they have been granted the benefit of proper pay scale w.e.f. 19.02.2003 only. This matter was, therefore, agitated before the Hon’ble CAT, Ernakulam Bench by the aggrieved employees vide O.A. No.671/2003. The Hon’ble CAT/Ernakulam Bench delivered judgement in the O.A. aforesaid, the operative portion of which reads as under:-

“In the light of the above O.A. is allowed. The applications are entitled to the benefit of revised pay scales calculating arrears of pay and allowances w.e.f. 01.01.1996. Annexure A-3 is quashed to the extent that it declares that the actual benefit would be only w.e.f. 19.02.2003. The respondents are directed to grant the applicants the arrears of revised pay and allowances for the period from 1.1.1996 to 18.2.2003.”

The Ministry of Railways, Government of India preferred a Writ Petition before the Hon’ble Kerala High Court vide W.P.(C) No.22276 of 2007, whereupon the Hon’ble Kerala High Court while rejecting the Writ Petition of the Ministry of Railways, Government of India, passed the orders on 27.03.2013, the operative portion of which is as follows:-

“The short issue is whether the respondents, who are railway employees, are entitled to arrears of pay on revision of scales with effect from 01.01.1996. They are refused such benefit till 18.2.2003 as per annexure-3. That has been interfered with by the Tribunal. We find no rationale to refuse relief to the railway employees particularly when such relief has been granted to the employees of the other sector covered by the Pay Commission order. We find no jurisdictional error or legal infirmity to say that there is any injustice against the establishment on the basis of the impugned order. No ground made out of interference under Article 226/227 of the Constitution of India.

The Writ Petition fails and accordingly it is dismissed.” The Union of India and Others filed an SLP before the Hon’ble Supreme Court of India, which was also dismissed vide their judgement dated 25.02.2013, and the same is appended below for ready reference:- “Delay condoned.

We do not find any legal and valid ground for interference. The Special leave Petition is dismissed.”

In view of the above, AIRF desires that the Railway Board should grant the benefit of revised pay scales with retrospective effect from 01.01.1996 instead of 19.02.2003 with all consequential benefits, including payment of arrears, pension and family pension etc.

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Item No.3 Sub: Procedure for selection for promotion from GP Rs.1800 to GP Rs.1900 against Departmental Promotion Quota

Ref: (i) Railway Board’s letter No.E(NG)I-2011/CFP/10 dated 19.02.2013(RBE No.13/2013)

(ii) AIRF’s letter No.AIRF/341(131) dated 24.05.2013 and AIRF/53/AIRF/78(153) dated 13.06.2013

As per provision, contained in para 189 of IREM(Vol. I), 33 1/3% posts in Grade Pay Rs.1900 of

Commercial Clerk, Ticket Collector, Trains Clerk, Office Clerk etc. are filled up from the staff of different categories in Grade Pay Rs.1800 and 16 2/3% posts are filled up through the process of LDCE. This procedure has been continuing in different zonal railways for quite some time, and in many zonal railways, immediately after implementation of the report of the Class IV Staff Promotion Committee 1957. Conventionally, different categories of staff of all the departments working in Grade Pay Rs.1800, including Trackmen, were being allowed to appear in the aforementioned selection. Railway Board’s orders, contained in their letter number quoted above, have drastically curtailed the scope of promotion of the staff in Grade Pay Rs.1800 working in different categories of all the departments as also the Trackmen.

It is pertinent to point out here that, there has been serious stagnation in the cadre of Khalasi/

Trackman/Gateman/Watchman/Trolleyman due to very meager chances of advancement, as a result of which, these categories of staff are stagnating in the Grade Pay of Rs.1800 for 15 to 20 years (except for benefit under MACP after 10 years). On the other hand, the categories like Peon, Record Sorter etc. have been declared as redundant and the posts in these categories are being surrendered wherever existing. It may further be appreciated that a large number of young boys recruited in Grade Pay Rs.1800 as Trackmen, Helpers in different departments and Operating Staff, who are in possession of higher educational qualification, have been stagnating, with the result that, serious discontentment has been brewing among them, which is not conducive for the Indian Railways as well as endangering the Railway Safety.

In view of the above, the Board are requested to allow continuance of the existing promotional

scope of staff in Grade Pay Rs.1800 to GP Rs.1900 and Rs.2000 against 33 1/3% quota and 16 2/3% LDCE Quota in all the zonal railways so as to facilitate promotion of the staff of different categories of all the departments possessing higher educational qualification.

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Item No.4 Sub: Reduction in lower age limit of the pensioners/their widows from 65 to 60 years for entitlement of Companion in lieu of Attendant to 1st Class/1st A Class Post Retirement Complimentary Passes As per existing provision of Pass Rules, a companion is permitted to 1st Class/1st A Class Post Retirement pass holders on attaining the age of 65 years and above. It may be appreciated that the Senior Citizens of the age 60 years and above are entitled to avail fare concession in the Railways, but in case of Retired Railway Employees, the lower age limit for entitlement of Companion has been fixed as 65 years, which is a discriminatory treatment to Senior Citizens. There has, therefore, been a demand from various Railway Pensioners Associations to reduce the lower age limit from 65 to 60 years for entitlement of Companion in 1st Class/1st A Class Complementary Passes issued to Retired Railway Employees, which is quite justified also as per definition of the Senior Citizens. AIRF, therefore, demands that the lower age limit of 65 years may be reduced to 60 years for entitlement of a Companion in 1st Class/1st A Class Complimentary Passes issued to Retired Railway Employees.

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Item No.5 Sub: Grant of 30%HRA to the staff working at Ghatkesar at par with the staff working in GHMC limits Ref: AIRF’s letter No.AIRF/159(2) dated 03.01.2013, followed by reminders dated 23.02.2013 and 25.05.2013

The issue of granting 30% HRA to the Railway Staff working at Ghatkesar is pending for quite

some time on account of non-provision of Dependency Certificate issued by the Collector/District Magistrate of Ranga Reddy District. It is now learnt that the South Central Railway Administration has forwarded a copy of the Dependency Certificate, issued by the Collector/District Magistrate, Distt. Ranga Reddy vide dated 02.04.2012, certifying that Ghatkesar, situated within 8 kms. from the periphery of Greater Hyderabad Municipal Corporation(GHMC) limits, is dependent upon Hyderabad main city. As per para 2 of Board’s letter No.PC/65/HRA-12 dated 22.07.1965, the Railway Servants whose place of posting is within 8 kms from the periphery of Municipal limits of a city are eligible for payment of HRA at the rate admissible in that particular city/town. AIRF, therefore, urges that Railway Board’s sanction for payment of HRA @ 30% to Railway Staff working at Ghatkesar, i.e. at the same rate as applicable to the staff working within GHMC limits for the period of three years w.e.f 15.05.2010 may be conveyed to South Central Railway Administration.

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Item No.6

Sub: Implementation of the already agreed to recommendations of the Joint Committee on Package and Career Progression for Trackmen

The Joint Committee on Package and Career Progression for Trackmen had recommended improvement in working conditions(viz. mechanized track cleaning in sub-urban areas, provision of warning system for protection against accidents, deployment of a team of two persons for patrolling, provision of modernized tools, CUG phone/walkie-talkie sets, provision of protective helmets, motorized light weight push trolleys for inspection, supply of standard quality uniform, jerseys, retro-reflective clothing and provision of better accommodation with proper living conditions to the category of Trackmen, Trolleymen etc. which have already been accepted by the Railway Board. It is a matter of concern that these recommendations, while already agreed to, are not being implemented in the field despite lapse of substantially high period of time, with the result that, this vulnerable category of staff, who are supposed to maintain and upkeep railway track for safe and efficient rail operation, are still constrained to face undue hardship. AIRF, therefore, strongly demands that the above-mentioned, already agreed to unanimous recommendations of the Joint Committee on Package and Career Progression of Trackmen, should be implemented for ensuring improvement in the working and living conditions of this safety category of staff.

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Item No.7 Sub: Choice posting of the staff after rendering 5 years service on Udhampur-Srinagar- Baramullah Rail Link Project Ref: Railway Board’s letter No.AM(CE)/2012 dated 21.08.2012 Railway Board vide their letter number quoted above have issued orders in respect of posting of the officers who have rendered 3 to 5 years service on Udhampur-Srinagar-Baramullah Rail Link Project as per their choice of stations/divisions/zones. This has, perhaps, broadly been done in tune of orders of the Central Government for the staff of other departments who have the benefit of posting at the stations of their choice on completion of 2-3 years service in the above-mentioned area. It is, however, a matter of concern that the Railway Board while issuing aforesaid orders have not covered the non-gazetted staff to extend the benefit of choice posting after completion of 3-5 years service on Udhampur-Srinagar-Baramullah Rail Link Project, which is highly unfair. AIRF, therefore, demands that the non-gazetted staff posted on USBRL Project, if willing for transfer from the said project, should also be covered under the purview of above orders of choice posting after completion of 3-5 years service on Udhampur-Srinagar-Baramullah Rail Link Project as per their willingness, as has been done in the case of officers vide Railway Board’s letter supra.

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Item No.8 Sub: Arbitrary constitution of Empowered Committee to finalize a mechanism for a new formula for Running Allowance Ref: Railway Board’s letter No.ERB-I/2013/23/16 dated 25.03.2013

On coming across the formation of an Empowered Committee to finalize a mechanism for a new formula for Running Allowance vide Railway Board’s letter referred to above, All India Railwaymen’s Federation had already lodged its strong protest against this arbitrary move of the Railway Board.

It is a matter of deep regret that the Railway Board in lieu of dissolving the said committee,

constituted arbitrarily without consulting the Organized Labour, have explained the reasons behind and tried to justify the formation of the said committee, which is highly unfair.

Since the issue of payment of Running Allowance to Running Staff is a very sensitive issue and

several times Railway Board have tried to change the formula without any logic, it is not at all desirable to disturb the existing formula/practice of payment of Running Allowance, because it may create unwarranted for issue of industrial unrest.

AIRF, therefore, desires that the above-mentioned committee, constituted arbitrarily to finalize a

mechanism for a new formula for Running Allowance without consulting the organized labour should be dissolved without further loss of time and need not be justified unnecessarily.

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Item No.9

Sub: Improvement in the Crew Cabin and Guards’ Brake Van Several times announcements have been made by the high officials of the Ministries of Railways that the Crew Cabins and the Guard’s Brake Van shall be improved a lot to make them Driver and Guard-friendly. It has been stated that the Crew Cabin and Guard’s Brake Van would be air-conditioned with proper facility of natural call etc. Contrary to this, the Crew Cabin and Guards’ Brake Van still remain problematic, i.e. excessively hot during summer season and extremely cold during winter, posing undue hardship to the Crew and the Guard. Even the facility for natural call for the Crews and the Guard of the Goods Trains are still not available, the absence of which, they have to face acute problem in the running trains. On account of the above announcement and non-implementation of the same, there is deep sense of discontentment/frustration among the Loco Crew and the Guard Category prevailing for quite some time. AIRF, therefore, demands that the Crew Cabins of the locomotives and Guards’ Brake Van should be improved by providing proper air-conditioning/cooling facility and provision for natural calls to avoid the hardship to the loco crews and the Guard as already announced by the Ministry of Railways from time to time.

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Item No.10 Sub: Implementation of Hon’ble Supreme Court’s judgement treating upgradation of posts under cadre restructuring not as promotion for granting financial upgradation under MACP Scheme Ref: Board’s letter No.PC-V/2009/ACP/7/SCR dated 07.12.2009 Ref: AIRF’s letter No.AIRF/105(56) dated 11.04.2013 Railway Board’s instructions contained in their letter under reference are denying financial upgradation to those employees who were initially appointed as Accounts Clerk and are promoted up to the level of SO(A)/TIA/ISA on the plea that such staff have already enjoyed three promotions in their service career. In this connection, it is pertinent to point out that the restructuring of the Accounts Staff was done in the year 1987 vide Board’s letter dated 18.06.1987 as under:-

(i) Section Officer(A/Cs) Rs.2000-3200 80% Inspector of Stores Accounts(ISA), Inspector of Station Accounts(TIA) Rs.1640-2900 20%

(ii) Clerks Grade I Rs.1400-2600 80% (including existing Sub-Heads)

Rs.1200-2040 20%

To the extent of 80% posts of SO(A)/TIA/ISA have been upgraded to Rs.2000-3200, and the same has not been treated as promotion and offset against financial upgradation applicable under ACP Scheme. Whereas, upgradation of Clerk Grade I, Cadre Restructuring done at the same time(01.04.1987) from JAA to AA is being treated as promotion and reckoned for the purpose of financial upgradation under MACPS. Moreover, the information furnished by the Railway Board to a question vide their letter No.RB/RTI/2012/010032171/CPIO-43 dated 12.03.2013, S.No.31 of which clearly specifies that placement in higher scale due to upgradation of the posts in higher grade not specified in the rules, such placement of all the incumbents against such upgraded posts is not to be treated as promotion/upgradation.

Attention of the Railway Board is also invited towards a court case filed by Shri V. Venkataraman,

AA/FA&CAO/S&W/PER/SR in the Hon’ble CAT Madras, which was finally contested up to Hon’ble Apex Court of India, hailed that, in any restructuring of the posts takes place, it does not amount to promotion, accordingly said Shri Venkataram was extended the benefit of 3rd financial upgradation under MACP Scheme in Grade Pay of Rs.5400, honouring the aforesaid judgement of the Hon’ble Court.

AIRF had made a reference to Railway Board vide letter No.AIRF/227(74) dated 13.03.2013 for

extending the benefit of 3rd financial upgradation to Shri P.N. Chandra Mohan, Retd. SSO(A), South Central Railway, on the same analogy of Shri V. Venkataraman, but the Railway Board vide their letter No.PC-V/2011/M/3/AIRF dated 15.05.2013, declined to do so with the plea that the court judgement was for the applicant only, and the same has been implemented in favour of the applicant which cannot be implemented in case of other employees who were not applicant in the case, which of course is highly unfair.

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It may be seen that the Hon’ble Supreme Court in the said judgement has amply clarified that the

upgradation from JAA to AA in terms of restructuring of posts should not be taken into account for counting number of promotions for MACP Scheme. In accordance with Article 141 of the Constitution of India, the policy decision delivered on any particular subject by the Hon’ble Supreme Court of India is binding on the Government of India and is equally applicable to the similarly situated employees/people, therefore, denying 3rd financial upgradation under MACP Scheme to other similarly situated Accounts Staff as Shri V. Venkataraman would tantamount to gross injustice and disparity. AIRF, therefore, demands that, in the light of observation of the Hon’ble Supreme Court of India, upgradation from JAA to AA in terms of restructuring of the posts should not be taken as promotion for the purpose of financial upgradation under MACP Scheme, as such, similar treatment is required to be given to all such similar cases to avoid further multiplicity of litigations.

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Item No11

Sub: Fixation of Stipend for Apprentice JEs selected through LDCE during their training period Ref: (i) Para 1905 (2), Chapter XIX of the Indian Railway Establishment Manual (ii) AIRF’s letter No.AIRF/34(371) dated 29.12.2012

The employees selected through LDCE for promotion to the post of Apprentice JEs in the

Mechanical, Electrical, Engineering and S&T Departments have to undergo the prescribed training for a particular period specified from time to time.

Para 1905 of the IREM, stipulates that, “Railway Servants on appointment as Apprentices

in any category may be granted pay equivalent to the rate of Stipend laid down for that particular category of the Apprentices or their substantive pay as admissible to them from time to time whichever is beneficial”, in compliance of which, Pay/Stipend of the Apprentices JEs selected through LDCE undergoing prescribed training is to be fixed either as their Cadre Pay or Stipend, i.e. Rs.13500(Rs.9300 + Rs.4200). It is, however, noticed that different Railways have been adopting different methods in granting Cadre Pay to the Apprentice JEs, the pay of whom happens to be more than the Stipend, i.e. Rs.13500.

(i) In some cases, Fixation of Cadre Pay is done to match the existing Basic Pay by reducing

the Pay in the Pay Band with new Grade Pay of Rs.4200, which is of course anomalous and may be termed as Reduction of Pay in a punitive action under D&AR. As an example, Cadre Basic Pay of Rs.14,000, Rs.11,200 pay in Pay Band + Rs.2800 Grade Pay is being given as Rs.9800 pay in Pay Band + Rs.4200 Grade Pay.

(ii) In other cases, Cadre Basic Pay of Rs.14000 is granted as Rs.11,200 pay in Pay Band + Rs.2800 Grade Pay, depriving the eligible Grade Pay of Rs.4200 to the Apprentice JEs.

It is pertinent to mention here that the Apprentice JEs inducted through RRBs against open

market Quota are granted Grade Pay of Rs.4200 as Stipend in terms of Railway Board’s letter No.PC-V/2008/PS/1(Stipend) dated 18.01.2013(RBE No.04/2013), as such Apprentice JEs selected through LDCE against Talented Quota cannot be discriminated against during their training period. The sprit behind the rule providing that they should either be granted pay equivalent to the rate of Stipend laid down for that particular category of the Apprentice or their substantive pay admissible to them from time to time, whichever is beneficial, is to protect their emolument in the old system of pay structure.

In the post VI CPC scenario, since there are no different pay scales to identify the post, the

Grade Pay is the identity for every post and Grade Pay of Apprentice JEs is fixed as Rs.4200. The new Basic Pay in the Pay Band fixed now is Pay in the Pay Band(ie, equivalent to Basic Pay in the pre-revised Sixth Pay Commission scale) plus Grade Pay. It is necessary to protect the Pay in the Pay Band and therefore, denial of denial of Grade Pay applicable to the post of JEs, i.e. GP Rs.4200 is not at all justified.

AIRF, therefore, demands that, keeping in view the spirit of the rule under para 1905 of the

IREM, the Basic Pay of Apprentice JEs may be fixed in Pay Band-II + Grade Pay Rs.4200 at par with those selected from open market during the training period.

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Item No.12 Sub: Action Plan Targets for the year 2012-13 in respect of Manpower Planning The Action Plan Target for the year 2012-13, in respect of Manpower Planning, circulated to all the Zonal Railways vide Railway Board’s letter No.E(MPP)2012/1/40 dated 03.08.2012, had laid down reduction in the sanctioned strength by 1% during the year 2012-13, besides fixing the time period fixed for redeployment of surplus staff and medically de-categorized staff.

It is a matter of serious concern that the thumb rule reduction in the manpower, pursuing the policy of Government of India, is not practicable in the Indian Railways because every year large fleet of Passenger and Freight Trains is added in the system through Budget Speech or otherwise as also new stations, railway lines and other installations. It may also be appreciated that, there has been drastic reduction in the total manpower on the Indian Railways over the years, with the result that, existing railway employees are badly over-burdened with the workload and they are forced to work under strenuous condition, which at times results in serious ailments among them, and at the same time also endangers the Railway safety. The Indian Railways have been operating around 19,000 pairs of passenger and freight trains round-the-clock in all weathers and climatic conditions. Therefore, in a department like Railways, the thumb rule of reduction in manpower is certainly detrimental to Railway System and the Railwaymen.

Railway Board’s arbitrary orders for further reduction in the manpower are highly unfair and

detrimental to both the Railwaymen and the System itself and would impair industrial relations as well. AIRF, therefore, desires that no such arbitrary orders for reduction in the manpower of the Indian

Railways should be issued to Zonal Railways without consulting the organized labour in the larger interest of industrial harmony prevailing for the last many decades.

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Item No.13

Sub: Non-finalization of latest Avenue of Promotion Chart in case of Parliament Catering Staff after implementation of VI CPC recommendations and merger of grades

The Catering Staff of Northern Railway posted in Parliament House Catering Unit, which caters the catering needs of Parliamentarians and other high offices, have been serving the dignitaries to their utmost satisfaction. Before implementation of VI CPC report, there have been a number of categories in Group `D’, and majority of the Parliament House Catering Staff are working in the erstwhile Group `D’ categories with handful number of posts in Group `C’. The previously existing Avenue of Promotion Chart of the above-mentioned staff has become redundant because of merger of all pre-revised Group `D’ pay scales and placing them in Pay Band I with Grade Pay Rs.1800 in totality irrespective of designations etc.

On account of non-availability of sufficient number of posts in erstwhile Group `C’, there are

meagre chances of promotion for the erstwhile Group `D’ staff in the above catering unit, with the result that, most of the staff are bound to work without promotion for years together and only the benefit of financial upgradation have been given to some of them under MACP Scheme.

The issue of finalizing revised/new AVC for the staff of above-mentioned categories has been

deliberated by our Northern Railway affiliate, i.e. NRMU with the Northern Railway Administration, who in turn have referred the issue to the Railway Board for finalization thereof.

AIRF, therefore, desires that, since around 5 years time has already elapsed after implementation

of the report of the VI CPC, the revised AVC for the staff working in different categories in the Parliament House Catering Services should be finalized without further loss of time, and the Northern Railway Administration be advised for early implementation thereof.

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Item No.14 Sub: Regularization of fresh face Substitutes engaged in Bikaner Division of North Western Railway In an urgent need of maintaining the newly constructed Phalodi-Kolayat Section in Bikaner

Division, the General Manager, North Western Railway engaged about 80 Substitute Trackmen in July 2007 as fresh face and they were posted on the said division for maintaining track. Engagement of these Substitutes took place between November 2007 to January 2009. Subsequently, these Substitute Gangmen/ Trackmen were granted Temporary Status after completion of 120 days’ regular service in compliance of GM(P)/NWR’s letter No.743-E dated 6.5.2009. They were to be regularized after conducting proper screening by the Bikaner Division, as such, the Bikaner Division Administration conducted their screening on 9.9.2009 and 19.9.2009 as per their letter No.P-4 dated 26.08.2009, wherein all the Substitutes Trackmen/Gangmen, engaged as above, undergone the screening. It is a matter of regret that despite lapse of around five years time, the result of the said screening has not been announced till date, and it is being contended at local level that on account of some intervention of anti-corruption agencies, the issue is not being finalized, because the initial engagement of these Substitutes is being investigated by these agencies. AIRF desires that since these Substitute Gangmen/Trackmen were engaged in administrative exigencies for maintaining the newly constructed section, i.e. Phalodi-Kolayat Section of Bikaner Division and they are rendering satisfactory services as also undergone proper screening duly conducted by the Bikaner Divisional Administration, the result of the screening should be declared without further delay, setting right the complicacy if any and they should be regularized with effect from the date of their screening.

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Item No.15

A. Sub: Proper implementation of LARSGESS in case of the candidates declared unsuitable in PET in 2010 Cycle

Initially introduced scheme for the employment of the wards of Trackmen and Loco Pilots(both

belonging to safety categories) seeking Voluntary Retirement, named as Safety Related Voluntary Retirement Scheme, being too complicated, was not serving any purpose. All India Railwaymen’s Federation, therefore, vigorously pursued this issue at the apex level, and after several rounds of discussions with the then Hon’ble Minister for Railways, some modification was thereafter affected in the original scheme with the changed nomenclature – Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff(LARSGESS) vide Board’s letter No.E(P&A)I-2010/RT-2 dated 11.09.2010(RBE No.131/2010). After sustained persuasions of the AIRF, Physical Efficiency Test was dispensed with in appointment of the wards under LARSGESS vide Board’s letter No.E(P&A)I-2010/RT-2 dated 17.05.2012. AIRF has been of the firm opinion, since beginning, that no Physical Efficiency Test should be prescribed for appointment under LARSGESS, and that is why this issue was pursued vigorously by the AIRF up to apex level, i.e. Minister for Railways, whereupon Railway Board issued instructions as mentioned-above. Some of the candidates, however, who were subjected to PET during the intervening period, were declared unsuitable, thereby depriving them of appointment under LARSGESS. Now since PET stands dispensed with in the said scheme, depriving those candidates of providing appointment under LARSGESS, who unfortunately could not quality the PET, shall not only be discriminatory, but also tantamount to gross injustice with them.

AIRF, therefore, demands that all those who could not qualify the PET where results were declared in 2010 Cycle should be given another chance in the next cycle with original eligibility criteria of 2010.

B. Minimum educational qualification for appointment under LARSGESS – Case of the wards of railway employees opted for LARSGESS in the year 2010

Ref: AIRF’s letter No.AIRF/415(157) dated 07.06.2011

Our Southern Railway affiliate, i.e. Southern Railway Mazdoor Union, had raised the issue of

implementing LARSGESS with minimum recruitment qualification of 8th standard, which has been permitted for appointment of the wards of the railway employees on compassionate ground, in Southern Railway, in case of those railway employees who have opted for the same in the year 2010. Southern Railway Administration has referred this issue to the Railway Board vide letter No.PB/CS/30/SRRS/Vol. II 11.05.2011, seeking certain clarifications.

Although more than two years’ time has already lapsed, but the Railway Board has not communicated reply of the queries made by the Southern Railway Administration, because of which, cases of recruitment under LARSGESS of a large number of optees are still pending.

AIRF desires that Southern Railway Administration may be advised to provide appointment to the

wards of railway employees having qualification of 8th standard, who had opted Voluntary Retirement under LARSGESS in the year 2010.

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C. Regularization of railway accommodation in favour of wards of railway employees employed under LARSGESS

The wards of the railway employees are employed under LARSGESS with simultaneous retirement of their father/mother from the Railway Services. In a number of cases, the railway employees seeking retirement under LARSGESS for appointment of his/her son are in possession of railway accommodation of their entitlement at the time of retirement. While the railway accommodation of the father/mother in case of appointment on compassionate ground of the deceased/medically de-categorized staff is regularized in favour of the ward subsequent to compassionate ground, however, this facility is not being extended to the wards appointed under LARSGESS. This is causing undue hardship not only to the wards recruited under LARSGESS but also to the family of his/her father/mother and their families. Since the employment under LARSGESS is as good as appointment on compassionate ground, AIRF demands that the railway accommodation, already allotted to the railway employee, seeking retirement under this scheme for recruitment of his/her ward, should also be regularized in favour of the ward on his appointment as is done in case of appointment on compassionate ground.

D. Alternative appointment to the wards of the railway employees under LARSGESS who failed to qualify the prescribed medical examination

The wards of the railway employees recruited under LARSGESS on Voluntary Retirement of their

father/mother are subjected to medical examination prescribed for that particular category for which they are to be recruited. In some cases, such wards being recruited under LARSGESS, unfortunately failed to qualify the prescribed medical examination for the post on which they are to be posted, and they are, therefore, denied appointment under LARSGESS, which is not a fair-deal with them. In case of appointment on compassionate ground, if the ward/widow seeking appointment on compassionate ground does not qualify the medical examination prescribed for the post initially offered to him/her, such candidates are considered for appointing them on some other suitable post for which they are medically fit.

In the absence of this provision for the wards being appointed under LARSGESS, they are

deprived of recruitment in the Railways and feel disgusted. AIRF, therefore, demands that the wards of the railway employees seeking appointment under

LARSGESS on Voluntary Retirement of their father/mother, if fail in the medical examination prescribed for the post on which they are to be recruited, should also be considered for appointment on some alternative post for which they are found medically fit, considering their appointment at par with compassionate ground appointment.

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Item No.16 Sub: Appointment on compassionate ground to the wards of medically de-categorized staff

Pursuant to demand raised by the All India Railwaymen’s Federation, the scheme of offering

appointment on compassionate ground to the wards of medically de-categorized Railway Staff was re-introduced in the Indian Railways vide Board’s letter No.E(NG)II/95/RC-1/94 dated 14.06.2006.

As per conditions laid down in the above-mentioned letter of the Railway Board, appointment to the

wards of medically de-categorized Railway employees is only possible if the employee has minimum five years’ service in his credit at the time of his/her medical de-categorization. The wards of such medically de-categorized staff are offered appointment only in Grade Pay of Rs.1800 irrespective of his/her educational qualification etc. that too with the personal approval of the General Manager. These two conditions are highly unjustified and a lot of cases of appointment on compassionate ground to the wards of medically de-categorized Railway employees are hanging fire on different zonal railways etc. due to certain complicacies in the rules. On account of these problems, the very purpose of offering appointment on compassionate ground to the wards of medically de-categorized staff is totally forfeited.

AIRF, therefore, desires that the condition of minimum five years’ service in the credit of medically

de-categorized staff and appointment of the wards in Grade Pay of Rs.1800 irrespective of their qualification etc. should be dispensed with from this scheme and the wards may be given appointment as per their educational/technical qualification etc.

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Item No.17 Sub: Allotment of proper grade pay in favour of Traffic Asstt. of Metro Railway, Kolkata Ref: AIRF’s letter No.AIRF/321(138) dated 28.05.2013

Traffic Asstt. of Metro Railway, Kolkata, are getting raw-deal, resulting in serious resentment among this vital category. They are recruited in Grade Pay of Rs.2000, whereas ASMs are recruited in Grade Pay of Rs.2800. They are performing the job of Asstt. Station Master/Station Master as well as Commercial Staff. Thus, they are performing the jobs like Multi-Skilled Staff. On the following grounds their duty is same and similar to that of the ASMs in other zonal railways.

(i) Minimum Recruitment Qualification - Graduation (ii) Medical Classification - A/2 (iii) Subjected to Periodical Examination (iv) Subjected to passing of Refresher Course at regular interval (v) Continuance of services depend on same medical fitness(A/2), passing of Refresher

Course and medical fitness examination at regular interval(i.e. Pre Medical Examination).

They are also responsible for smooth performance of operational duties, like that of the ASMs in other zonal railways, and for any lapses in observing traffic operational rules, they are subjected to D&AR action. In view of the above, AIRF demands that the Traffic Asstt. of Metro Railway, Kolkata, should be allotted minimum Grade Pay of Rs.2800 with all other benefits.

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Item No.18 Sub: Holding of Pre-Medical Examination – Staff kept on Sick List for years – Abnormal delay in setting-up of Medical Board–Belated declaration of medically invalidation – Compassionate ground appointment denied to the wards Ref: (i) Railway Board’s letter No.2012/E(REP)II/NF(204)-18/23 dated 04.03.2013 (ii) AIRF’s letter No.AIRF/36(298) dated 24.06.2013 It is observed that, there is abnormal delay in setting up of Medical Board. Instead, patients are being sent from one hospital to the other, and the process continued for years together, and ultimately at the fag-end of service, Medical Board is constituted and its outcome is intimated. Unfortunately, application for appoint on compassionate ground is denied. As example, the following case is cited below: Shri Rash Behari Modak, Ex. Mate under SSE/P. Way/Mal Bazaar/NFR, was sent for Pre Medical Examination on 08.11.2004 to DMO/NFR/Mal Bazaar. He was not found fit as declared vide CMS/NFR/APDJ’s letter No. H/219/1(Med) dated 11.11.2004. The CMS/NFR/APDJ vide his letter No. H/219/3 dated 02.12.2004 sent Shri Modak to Medical Director/Central Hospital/MLG for further treatment.

Shri Modak continued his treatment under Railway Doctor. Ultimately, after lapse of about two years, Shri Modak was sent to Chief Health Director, Eastern Railway, Howrah and CHS/ER/Howrah vide his letter No.H/IND/Patient dated 19.09.2006 declared him unfit CMD/NFR/MLG vide his letter No.HM- Medical Board(Loose) darted 27.09.2006 had accorded his approval for holding Medical Board, as was intimated to CMS/NFR/APDJ, the CMS/NFR/APDJ vide his letter No. H/219/1(M.B) dated 18.10.2006 declared his unfit for all categories from 16.10.2006. A copy of the Case Note of Shri Modak, prepared by the ADMO/NFR/APDJ dated 17.08.2006, is enclosed herewith.

So, from all the above records it will be seen that the case of Shri Modak was badly delayed by the Medical Authority of N.F. Railway. He was sick from 08.11.2004 to 16.08.2006, a long period of 21 months. He could have been sent to Howrah Orthopedic Centre, Eastern Railway much earlier. He is a victim of abnormal delay by the Medical Authority of N.F. Railway. He has been declared unfit for all categories finally on 16.10.2006, but the same information was communicated to him only on 31.10.2006, i.e the day of his retirement, and the administrative delay is the cause of late submission of application for Voluntary Retirement There are so many similar cases on different zonal railways where due to abnormal delay in finalization of medical de-categorization of the railway employees, their wards are virtually denied appointment on compassionate ground, for which their families are subjected to undue hardship, because such employees even do not get salaries during their prolonged sick period because of exhaustion of leaves at their credit. On many zonal railways, employees are subjected to Medical Board and Re-Medical Board just to harass them and while making recommendations, they are made fit with the conditions just to deny employment to their wards. So it should be ensured that the employees who are medically unfit and could not work and give productivity effectively must be made unfit for all the categories and their wards should be appointed for better productivity and efficiency. AIRF, therefore, urges the Railway Board to streamline the issue and also to offer appointment on compassionate ground to Shri Kartik Modak and other wards of the similarly situated railway employees.

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Item No.19

A. Absorption of contract paramedical staff in Railway Services

Due to various reasons, contract paramedical staff are being recruited in various categories. These set of staff have been able to tide over the situation and the Railwaymen are getting medical services, but artificial break is being restored to. These set of staff are to apply every year and to stand in the queue with rank outsiders for fresh appointment.

It may be re-called that, there was a procedure for recruitment of Casual Labours, for which rules were framed initially in the year 1962 for them, and gradually and ultimately all Casual Labours have been absorbed against regular vacancies. Similarly, persons appointed as Substitute are also being regularized.

It is observed that the present system of recruitment of paramedical staff through RRBs against regular vacancies is not properly catering to the actual requirement of paramedical staff in the Railways, with the result that, there is always shortage of the staff in all the Railway hospitals, for which indoor and outdoor patients have to suffer a lot.

AIRF, therefore, urges that the paramedical staff so appointed be regularized against available vacancies, considering the services rendered by them.

B. Shortage of doctors

The number of patients, both serving and retired railway employees, has been increasing day-by-day in railway hospitals. It may be seen that this number has by and large increased by more than 20 percent over a period of 4-5 years, with the result that, the hospitals are now overcrowded with the patients waiting in queue for hours together for their treatment.

The number of doctors, on the other hand, has not increased commensurate with the increase in

the number of patients in these hospitals, rather the availability of doctors is even lesser than earlier due to one reason or the other, as a result of which the railway patients have to suffer a lot and do not get proper treatment. To quote as example, the number of doctors in Northern Railway Central Hospital is 60 for the last 20 years, whereas number of patients visiting this hospital from the entire Northern Railway Zone, during this period, has increased a lot. The patients, therefore, have to face unbearable hardship due to long queue and abnormally high waiting time.

AIRF, therefore, urges that the number of doctors in railway hospitals should be increased

commensurate with the increased in the number of patients so that the railwaymen, both in service and retired, and their family members are able to get proper and hassle-free treatment at the time of need.

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Item No.20

Sub: Extension of scope for promotion of serving employees by liberalizing the procedure GDCE

With a view to remove frustration amongst the serving railway employees, in possession of higher

educational qualification, working in lower grades, AIRF demanded for increase in the promotional scope of these employees by widening the scope of GDCE, accordingly the Railway Board vide their No.E(NG) I/2001/PM2/12 dated 21.1.2002 had delegated powers to the General Managers to increase the percentage of GDCE Quota from 25% to 50% as one-time measure.

Serious dissatisfaction is still brewing among the newly recruited serving employees in various

categories who are in possession of higher academic qualification, as they do not find scope for promotion and career progression.

AIRF desires that percentage of filling up of Direct Recruitment Quota vacancies through the

process of GDCE be increased from 25% to 50% permanently, without insisting on the residency period so that newly recruited staff possessing reasonably higher qualification can find way of their further advancement.

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Item No.21 Sub: Provision for cooking facilities at outstations Staff are booked to outstations on duty. Difficulties of such staff were raised by the All India

Railwaymen’s Federation and this issue was discussed in a PNM Meeting of the AIRF with the Railway Board held on 15-16.09.1992 and it was decided to provide cooking facilities and instructions to this effect were issued vide Railway Board’s letter No.92/LM(B)/3/43 dated 20.04.1993 and the same was reiterated vide Railway Board’s letter No.2001/LMB/3/35 dated 17.09.2002, but the same is yet to be implemented.

Hence, it is urged that agreed decision of the PNM meeting should be implemented in its letter and

spirit.

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Item No.22

Sub: Curtailment in the funds allotted to zonal railways The Ministry of Railways have issued orders for 25% curtailment in the funds, already allotted to the zonal railways, in the name of economy. The said curtailment has resulted in non-completion of the projects, work of which has been in progress, non-maintenance of railway quarters, colonies, stoppage of payment of Overtime Allowance, Travelling Allowance to the staff.

Deep sense of frustration is, therefore, brewing among the railway staff on account of the above, and there is serious resentment among them also. The condition of the railway colonies is getting from bad to worse day-by-day due to non-maintenance as a result of paucity of funds and the colonies are becoming not worth-living.

AIRF, therefore, demands that 25% curtailment in the funds should be withdrawn forthwith so that

the projects in hand get completed, maintenance of railway quarters and colonies can be undertaken and the payment of due Overtime, TA etc. to the staff are made in time.

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Item No.23 Sub: Denial of appointment under LARSGESS to the wards of railway employees working in Safety Categories

A number of Trackmen working in Kota Division of West Central Railway had applied for Voluntary Retirement under LARSGESS with simultaneous appointment of their wards under this scheme. Subsequently, their wards were subjected to written examination and medical test etc. which they duly qualified. In the meantime, a clarification was issued by the Railway Board vide letter No.E(P&A) I-2011/RT-6 dated 11.03.2013 in respect of qualifying service for the railway employees seeking Voluntary Retirement under LARSGESS, which inter-alia stipulates as under:-

“Your kind attention is invited to Railway Board’s letter under reference, in accordance to which, it is clarified that 20 years of qualifying services should be in the specified safety category posts indicated in the list annexed with Board’s letter No.E(P&A) I-2010/RT-2 dated 11.09.2010, 28.06.2011 and 03.01.2013.” While the results of the wards of the railway employees mentioned in the above para was declared

and the railway employees concerned were retired from the railway service under LARSGESS, however, pursuant to the above-mentioned clarification, their wards are being denied employment for which their father had sought Voluntary Retirement under the said scheme on the plea that they do not fulfill the condition of 20 years of qualifying service in safety category. A reference was made by the Divisional Railway Manager(E), Kota, explaining the entire situation vide letter No.E/E/IV/Sopal Ram Meena dated 27.06.2013, No.E/E/949/2/Vol. IV/LARSGESS/July 2013 dated 22.05.2013, but the wards in question of the railway employees, already retired under LARSGESS have not been given appointment, under this scheme till date.

AIRF, therefore, urges that appointment to the wards of the railway employees, i.e. Trackmen, who

had applied for Voluntary Retirement under LARSGESS with simultaneous appointment of their wards under this scheme and the process already completed before issuance of Railway Board’s letter supra clarifying qualifying service criteria, should be given appointment under LARSGESS without insisting upon this condition of qualifying service as stipulated in the Railway Board’s letter dated 11.03.2013.

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Item No.24 Sub: Payment of Special Allowance to Traffic Gatemen deployed to work on Level Crossing Gates As per recommendations of the Joint Committee on Package and Career Progression of Trackmen, the Track Maintainers who are deployed to man of any Level Grossing Gate are to be paid a Special Allowance of Rs.300 per month. This recommendation of the said committee has already been accepted by the Ministry of Railways, by virtue of which the Track Maintainers(Trackmen) deployed for manning of Level Crossing Gates are entitled for payment of Rs.300 p.m. as Special Allowance. The Traffic Gatemen who are also deployed to man the Level Crossing Gates situated in the vicinity of the railway stations, as per prescribed norms, though also perform the similar duties as that of an Engineering Gateman as also shoulder the same responsibility and work under the same conditions, are however, not being covered under the purview of entitlement of Special Allowance @ Rs.300 p.m., which is highly unfair and discriminative treatment with this category of staff. AIRF, therefore, desires that the Traffic Gatemen deployed to work on the Level Crossing Gates should also be paid Special Allowance @ Rs.300 p.m. as admissible to Engineering Gatemen manning the Level Crossing Gates.

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Item No.25

Sub: Provision of pathway on the bridges

A number of railway bridges on different rivers are not provided with side pathway for the use of maintenance staff as also for use in emergency. Cases have been reported to this office where Track Maintainers, Bridge Staff etc. met with accidents while working on bridges on account of non-availability of side pathway for their rescue.

A demand was raised by our Northern Railway affiliate in the PNM Meeting at General Manager’s

level for provision of pathway on the river bridges over Northern Railway on those bridges where such pathways are not already provided. The Northern Railway Administration have replied that the Railway Board have issued instructions for provision of Man Refuges, on the bridges where side pathways are not available and not the side pathways, as a result of which, the railways is not in a position to provide the side pathways as demanded by the union. Since the provision of Man Refuges cannot serve the purpose, particularly on long bridges on the rivers and the Maintenance Staff belong to Civil Engineering Department, while working on such bridges, would still be in danger of life due to accidents etc., non-provision of side pathways would be endangering the lives of the railway employees. Also in case of emergency, the train operation staff shall also face acute hardship due to non-availability of side pathways.

AIRF, therefore, demands that provision of side pathways on the river bridges should be made to

facilitate hassle-free maintenance of tracks and bridges by the staff concerned without endangering their lives.