Wish you All
A
Very Very
HAPPY NEWYEAR
2011
Dated 2nd December 2010
Dear Comrades,
I along with Sri. PARTHA BHATTACHARJEE, Working president camped in New Delhi from 29th to 30th November’2010 to follow up the pending demands with Railway Board. We had fruitful meetings with top Railway Board Officials and submitted representations on all the pending demands.
We had detailed discussions with all Officials of Board including FC on the following issues.
1. Regarding the anomalies in MACP, when we brought to the notice of the Officials about the Recorded Notes on the MACP anomalies committee meeting held on 15-09-2010 issued by DOPT, Railway Board officials informed that they are not aware of the same and assured to initiate file on treating the promotion as JAA on passing Appendix IIA Exam as Recruitment. We also pointed out the case of denial of MACP to those who came on interdivisional/interdepartmental transfer.
2. We brought to the notice of the Officials about the rejection of calculating the Sr.AA posts as 5% of on the combined strength of SO(A)s and Sr.SO(A)s since both the cadres have been merged by VI Pay Commission and placed the copies of letters issued by Ministry of Finance in respect of Civil Accounts Staff and requested reconsideration of the issue.
3. We reiterated the demand for promotion of erstwhile Group D Staff now in Group C Status on seniority basis to the post of Accounts Clerk and the officials agreed to examine the matter. We also demanded modification of Recruitment Rules in this regard.
4. Regarding Cadre Restructuring in Accounts department, we placed the following proposals.
a. To mitigate the grievance of Accounts Clerks stagnated in the cadre for want of vacancies in JAA cadre, AIRASA requested for change in the 80 : 20 pattern as 20 : 80 since there are no direct recruitments being made. The proposal was well received and the Accounts directorate Officials promised to initiate papers in this regard.
b. Similarly the ratio of ASVs : Sr. ASVs may be modified from the present 65 : 35 to 20 : 80 as large number of posts are in work charged posts under Sales Organisation which varies from year to year. At present virtually only 10 % are in Sr.ASV cadre.
c. The Sr.AAs cadre should be raised to 10% of merged strength of Section Officers on par with other organized Audit and Accounts depts.
We submitted reminders on the following issues.
a. Reintroduction of Grant of increments for passing App. IIA, App.IIIA and App.IV Examinations.
b. Modification of Recruitment Rules for selection to the post of AAOs and submitted the copies of Recruitment Rules of other Organised Accounts and Audit which contains selection by seniority cum suitability only.
c. On the issue of TIA/ISA group App III passed candidates waiting for promotion for more than 15 years , reminders have been submitted to give adhoc promotions as available in CAG’s Offices and the officials were also requested to give directions to all the Zonal Railways to create additional posts of TIAs and ISAs.
d. Improved VI PC Grade Pays in respect of Accounts Clerks, JAAs, AAs, FPEs, Typists and Stenoraphers.
e. We also insisted the need for extending the Special Allowance to those ASVs who came from the Cadre of JAAs. We also pointed out that many Railways are not granting MACP to Stock Verifiers duly taking their combined service in AA and ASV cadre and requested for issue of clarifications in this regard.
Group B Status to SO(A)/TIA/ISA.
We expressed our anguish over non affording of Group B Status to SO(A)/TIA/ISA to top Railway Board Officials including FC and Member, Staff and requested them to have a fresh look into the issue since the demand is based on the upgradation of these posts to the Scale of Rs.7500-12000 by the VI PC vide para 7.56.9.
Minutes of the BGM held at Nagpur on 18 & 19, Nov’2010 is sent herewith.
Yours Comradely,
(N.SRINIVASAN)
General Secretary
MINUTES OF VI BGM HELD ON 18TH &19TH NOV’2010 AT NAGPUR
Dated 2nd December 2010
Dear Comrades,
The VI BGM of AIRASA was held on 18th and 19th November 2010 at Maheshwari Panchayat Bhavan, Tekdi Road, Sitabuldi, NAGPUR. The Reception committee welcomed the delegates in the Nagpur Station and sent them by vehicles to the Venue. Registration of delegates started at 10.00 a.m.
The proceedings for the Meeting started with the call given by Com. H.R.Maurya at 11.00 A.M on behalf of the Organising Committee. Lighting of traditional lamp by Com.G.K. Motghara, the Seniormost Member and Accounts Assistant from Nagpur Division, Nagpur, C. Rly and joined by Central Office Bearers marked the beginning of the BGM. The Flute accompaniment by Com.B.N. Kinake gave a solemn touch to the event. The Meeting was presided by President, Com. R.K. Saraswat. Welcome Address was delivered by Com. Deepak G Dudhane, Central Org. Secretary, AIRASA who was the Chairman, Reception Committee. Then the Central Office bearers and Special Invitees were honoured with bouquets by the host division organizers. Two minutes silence was observed paying homage to the Members and their relatives who lost their lives since the last meeting and to pay condolence to the families of the departed souls of Accounts fraternity.
General Secretary presented the Working Report in which two years eventful functioning, milestones and achievements were consolidated. During reporting, the General Secretary narrated the present position of pending demands and the anomalies resulted in the implementation of VI CPC report. While discussing the current scenario, the GS pointed out that the V and VI PCs failed the employees and the Gross Pay drawn by them constitutes more allowances than the pay element. This will result in post retirement impoverishment as pension will be calculated only on the pay element which will be only around 25% of the present salary. Then GS narrated the Challenges before the Accounts Staff and the Organisation. Emphasis was laid on the need to regroup and rejuvenate the Accounts Staff under AIRASA and the Cadre to understand how successfully the Government has divided them into so many groups thru’ VI PC and MACP implementation and the need to come together to fight for the injustice heaped on each other. Emphasis was also made to prepare the Organisation and its leaders to take on further with full vigour from where we slowed down after achieving improved pay scales. The various pending demands, Court judgements and the fate of Arbitration Award listed for rejection motion was discussed. The speech was concluded with a call for soul search as to the contribution of each Office Bearer and Member in the last couple of years.
Then Com. Reji George, Secretary- Finance presented the audited Financial Report for the years 2008 and 2009. He also suggested enhancement of membership fees from the present Rs.50/- to Rs.100/- from 2011. After the presentation of Financial Report, Working President, Com.Partha Bhattacharjee addressed the gathering which was followed by the Speech of Com. Ashok Dwivedi.
After a break for lunch, Com. Sudhakar, W. Rly opened the discussion on General Secretary’s Report and Finance Report. Com. A.D. Gupta (E. Rly), Com. Tapan Baisya(CLW), Com. C.P. Singh (NW. Rly), Com. C.D.Naidu (C. Rly), Com. Dilip Tamuli (N.F Rly), Com.R.K. Mishra (C. Rly), Com. Ashish Banerjee (E.Rly), Com. P. Suryanarayana (S E Rly), Com. N.C. Dey, CLW, Com. Ekta Gupta (W C Rly), Com. Deepak Dudhane (C. Rly), Com.K.C. Tripathy (E.Co. Rly), P.S. Anand, (S. Rly), Com. Ashish Das ( E. Rly) and Com. H.R. Maurya (C. Rly) participated among others in the discussion which included improving of membership, increasing of Membership Fees from Rs.50/- to 100/-, conducting of CWC Meetings in less active areas, non release of Pay scales to AC, JAA, AA, ASV, Sr. ASV, FPE, Stenographer, Typist and Cash & Pay cadres, Extension of ACP benefit to promotee JAAs, Grant of increment on 01-01-2006 to those who had drawn their increment between 1-2-2005 to 1-6-2005, Change of Designations, de merging of SO(A) and Sr. SO(A) grades by granting Rs. 5400/- and Group B Status to Sr. SO(A)s/Sr. TIAs.Sr. ISAs, lesser pay fixation to the pre 1-1-2006 appointees than the post 1-1-2006 appointees recommended by the VI PC, Refusal by Board to show App. IIIA Answer papers in Court and Board’s decision to destroy the answer sheets, Provision of Office Room to AIRASA by N F Rly Administration ( received with loud applause) etc., The Session ended with this.
The last Meeting of the outgoing Central Committee was held at 17.30 hrs with the agenda to review the discussion of the GS’ Report, performance of each zone and Office bearers, Resolutions to be passed, Assessment of Financial position and recommendation of the next Central body. The General Secretary ascertained the implementation of various resolutions on divisional/zonal level agitations from the members present and expressed dissatisfaction over the non implementation by some of the Railways. The Meeting decided to adopt resolutions (1) for Change of designations on the line of Organised Audit and Accounts,(2) to take up the issue of Promotees drawing less than the Direct Recruits in fixation of pay,(3) to take up the issue of grant of two MACPs for those who are stagnating in the Cadre for 20 years as on 1-9-2008 and after,(4) to resolve to encourage Members of various Railways/Divisions to file Cases in CATs for MACP anomalies/Stepping up of pay,(5) to reiterate the demand for uniform working hours/days/holidays for all Accounts Offices including Workshop Accounts Offices and Construction Accounts Offices,(6) to conduct next AGM at Kota in Feb/March 2011,(7) to enhance membership fee from Rs.50/- to Rs100/- per annum and (8) to advise the change in the Address of the Registered office to the Registrar of Trade unions. The Working Committee also formulated a draft panel of Office bearers to be proposed for the Central Body and Meeting disposed at 30 minutes past midnight i.e 00.30hrs of 19-11-2010.
Cultural Evening :
1. Magic Show : The delegates were thrilled to see the MAGIC SHOW by Smt. Sujatha Kondra, Accounts Assistant and her party which had all the items displayed by a versatile professional. Every one commended the performance and the Central Committee presented Rs.1000/- in cash as a token of appreciation.
2. Music programme : The Light Music programme by Shri. Pradip Gokhale and Party was enjoyable, fantastic and good food to the ear when everybody was served with a splendid dinner. All the delegates enjoyed it and many of them presented the party with their contribution. AIRASA also presented Rs.1000/- as a token of appreciation.
The Second day’s proceedings started at 11.00 hrs on 19-11-2010 with the outgoing Central Committee on the dais. The General Secretary replied to all the deliberations. During the reply speech the GS pointed out to the leadership crisis in the organization as many of them become inactive/redundant. Membership record in many Zones are very poor and “Only NF Railway has recorded continuous excellent results in membership drive for the last 12 years”. He appealed to all the other Zonal Rlys/units to emulate NF Rly. After GS’s clarifications on the points raised during the discussion, Secretary, Finance clarified on the Financial Statement. Then the Meeting approved the General Secretary’s Report and Finance Report with applause.
Then, the General body nominated Election Officer Shri. M.S. UnniKrishnan rose to conduct the elections for the next Central Office bearers even as the existing Central Committee Members retired to their Seats in the audience leaving the dais. Before this the General Secretary obtained the approval of the General body for increasing one post each of Vice- President, Central Organising Secretary and Joint Secretary. A draft panel proposed by the outgoing Central Working Committee as detailed below was read out by the Election Officer. All the Office Bearers were declared unanimously elected since there was no opposition to the panel proposed by the outgoing CWC. The election of 33 Office bearers was done and the approval for the list of 22 Permanent Invitees to the Central Working Committee was accorded in a peaceful manner.
The Central Office bearers elected are :
NAME POST DESIGNATION UNIT/OFFICE S/SRI/SMT
1. R.K.SARASWAT PRESIDENT Sr. SO(A) TA/C. Rly
2. PARTHA WORKING
BHATTACHARJEE PRESIDENT JAA GRC/SE Rly
3. N.SRINIVASAN GENL.SECRETRAY. Sr. SO(A) Hqrs, S. Rly
4. REJI GEORGE SECY-FINANCE A A Hqrs, S. Rly
5. EKTA GUPTA VICE-PRESIDENT A A KOTA, WC Rly
6. C. SARATH BABU ,, Sr. SO(A) BCT, W. Rly
7. P.MAHANTO ,, A A HQRS, N F Rly
8. C.M. CHENGAPPA ,, Sr.ISA MYS, SW Rly
9. RAKESH GUPTHA ,, A A JUC, N. Rly
10. D. GOVINDARAJULU ,, A A BZA, S C RlY
11. C.P. SINGH ,, Sr. SO(A) AJMER, NW Rly
12. M.S. UNNIKRISHNAN ADDL. GS Sr. SO(A) TPJ, S. Rly
13. ASHOK DWIVEDI ,, A A Hqrs, W. Rly
14. R.RAMANI SECY. COMM Sr. SO(A) TPJ, S. Rly
15. RAMESH KUMAR ,, Sr. SO(A) COFMOW
16. TAPAN BAISYA ,, Sr. SO(A) CLW
17. R.K. MISHRA DY. GENL.SECY Sr. SO(A) Hqrs, C. Rly
18. P.S. ANAND DY. GENL.SECY Sr. SO(A) MDU, S. Rly
19. A.D.GUPTHA ,, A A Hqrs, E.Rly
20. SHAILENDRA KUMAR CENT.ORG.SECY Sr. SO(A) Danapur, EC. Rly
21. MEHBOOB JAKATI ,, Sr. SO(A) Parel WAO,W.Rly
22. N.K. MONDAL ,, Sr.ISA Siliguri, N F Rly
23.ASHISH DAS ,, A A W/KPA E Rly
24.S.SURYANARAYANA RAO ,, A A NGP, C Rly
25. Md. DAWOOD ,, Sr. SO(A) Hqrs, S C Rly
26. SOMCHAND BHRINGRAJ ,, A A Bilaspur, S E C Rly
27. P. SURYANARAYANA JOINT. SECY A A W/KGP, S E Rly
28. K. CHATURVEDI ,, Sr. SO(A) GKP, N E Rly
29. K.C. TRIPATHI ,, Sr. SO(A) BBS, E.Co Rly
30. MUKESH KHARE ,, A A JHANSI, N C RLY
31. C.GOVINDARAJU ,, Sr. SO(A) I C F
32. T.S. MOHAN ,, Sr. SO(A) HUBLI, SW Rly
33. UTHAM KUMAR GUPTHA ,, Sr. SO(A) Hajipur, EC. Rly
PERMANENT INVITEES to the Central Working Committee apart from Zonal Presidents & Zonal Secretaries.
S/Shri/Smt
1. S.C.MAHAPATRA E. Co. Rly
2. D.P.KHUNTIA ,,
3. S. MITRA DLW
4. M.N.SUDARSHAN I C F
5. L.VENKATA RAMANI I C F
6. MANOJ SHUKLA C. Rly
7. NANAK DEV R C F
8. P.K. MANDAL W C Rly
9. MANOJ GUPTHA ,,
10. S. VENKATESWARAN S Rly
11. M.K. LOGANATHAN S Rly
12. G. S. VISWANATHAN S Rly
13. D. NAGESHWARA RAO S C Rly
14. JOGINDERPAL N. Rly
15. SURESH SHARMA N W Rly
16. IRFAN ABIDI RE/LKO
17.DIPANKAR BHATTACHARJEE, METRO Rly,
KOLKATHA
18. ASHOK GUPTHA N E Rly
19. K. CHAKRABORTY E. Rly
20. RAMESH KUMAR MISHRA W/JMP,
E Rly
21. P.M. BALAI N W Rly
22. NAVAL GUPTHA C Rly
Following this, the delegates unanimously passed the following Resolutions.
1. to appeal to Railway Board for Change of designations on the line of Organised Audit and Accounts.
2. to take up the issue of Promotees drawing less than the Direct Recruits in fixation of pay with the authorities concerned.
3. to take up the issue of grant of two MACPs for those who are stagnating in the Cadre for 20 years as on 1-9-2008 and after with Rly Board.
4. to encourage Members of various Railways/Divisions to file Cases in CATs for MACP anomalies/Stepping up of pay.
5. to reiterate the demand for uniform working hours/days/holidays for all Accounts Offices including Workshop Accounts Offices and Construction Accounts Offices.
6. to conduct next AGM at Kota in Feb/March 2011.
7. to enhance membership fee from Rs.50/- to Rs.100/- per annum.
8. to advise the change in the Address of the Registered office to the Registrar of Trade unions and
9. Any Central Office bearer who do not attend three meetings in a row will lose his eligibility for contesting the next elections.
The Open Session started at 4.00 P.M as planned. Com. P.G. Tale welcomed the Guests and the gathering. Shri. D.M.M. RAO, Sr. DFM/ S E C RAILWAY, Shri. HASAN BARNE, President, AICAEA, Shri. GURPREET SINGH, Secretary, DMIEA were Guests of Honour.
In his presidential address Com. R.K. Saraswat, President detailed the achievements of the Association apart from highlighting the historic achievement of improved V P C pay scales to the Rly Accounts Staff which was extended to the other organized Audit and Accounts also.
Com. M.S. UnniKrishnan, Addl. Genl. Secretary delivered the key note address. Com. M.S. UnniKrishnan during his speech narrated the development of AIRASA from the day we gave the call for All India Strike by Railway Accounts Staff at Nagpur in Jan’1999 till this BGM today. He narrated the incident of our conducting meeting at the premises of a Ganesh temple in the army land opposite to the DRM’s Office due to the resistance of certain forces. He pointed out the onetime historic movement of AIRASA and the present progress which is wrongly understood by many as a weakness of AIRASA forgetting the political scenario and change in the outlook of Ministers who took over after Shri. Nitish Kumar. He also pointed out our unfinished agenda and the milestones to be crossed like arbitration award, grant of improved pay scale arrears, higher status, recognition for AIRASA etc.,. While pointing out the challenges ahead, outsourcing and the proposed change in accounting pattern was highlighted. The impending implementation of accrual based accounting and the new trend of dispensing with cash and investible surplus in budget was detailed. He also mentioned the anomaly in granting higher personal pay for the newly passed candidates for appendix IIIA while the seniors who were waiting for promotion were still allowed only lesser pay fixation on promotion taking into account old rates. He also pointed out the case of denial of MACP to those who came on interdivisional/interdepartmental transfer and repatriated from other cadre including the staff in excadre.
Com. Partha Bhattacharjee , Working President in his speech enumerated the pending demands and described how justified the cause espoused is and how the Accounts Staff are discriminated against and the steps being taken by the Association. He called for the physical participation and monetary support of all members in achieving the pending demands.
N. Srinivasan, General Secretary while addressing the audience, detailed the various challenges before the Accounts fraternity and said that the Federations have failed to question the anti employee policy decisions for the past 30 years, never interfered in the Management decisions and the General Employee/ Worker of today is fed with a wrong notion about the Trade Unions. He said that the Federations failed to make a thorough study of implications of recommendations of VI CPC including MACP before their implementation and are now only raising the issues in a half baked manner. The JCM Members are in their 80s and do not reflect the sentiments of the present generation Employees and Workers. Also they failed to question the rationale behind the appointment Committee of Secretaries for the implementation of VI CPC Who only took care of Group A cadre and reaped huge benefits of the VI CPC. Nowhere in the world a person would get an increase of Rs.15,000/- just for a placement in the Selection Grade (which has been abolished in the IV PC itself in respect of Group C & D) which do not involve any additional responsibilities. He called upon the Accounts Staff to analyse and understand these things and come forward to work for the Association to fight against all these evils. He said’ KNOWLEDGE IS STRENGTH’ . And every Accounts Staff should involve themselves in all the new System Changes, study and understand them and point out the shortcomings without fear. A knowledgeable Accountsman will never fear for transfers which only drives many of our staff towards the recognized Unions. The General Secretary called for reasserting the Unity and solidarity which helped us to win the fight for improved pay scales in the V CPC. He thanked the Organisers for having hosted the BGM and made it a great and memorable one.
While speaking on the occasion, Shri. D.M.M. RAO, Sr. DFM/ S E C RAILWAY appreciated the functioning of AIRASA and praised for its role in projecting and achieving various cadre related issues for the benefit of the Accounts staff. He also called upon the staff as has been done by Com. M.S. UnniKrishnan and General Secretary in their speech to equip themselves to face the challenges by updating their knowledge, acquiring skills and by being relevant to the changing times.
Shri. HASAN BARNE, President, AICAEA extolled the role played by AIRASA in the fight for improved pay scales and said that JAC of Audit and Accounts is taking earnest steps in achieving the demands and condemned the action of Ministry of Finance for introducing a motion in the parliament for rejection of Arbitration Award. He also asked the members to be wary of the challenges ahead as mentioned by M.S. Unnikrishnan in his speech.
Shri. GURPREET SINGH, Secretary, DMIEA dwelt on the illegally operated New Pension Scheme and explained that the Pension one would get is based on Share market which is always volatile and the Government is gambling on the money recovered from the employees. The scheme does not cover Social Security for the Employees and their families since there is no scheme of Family Pension in it. Moreover the introduction of NPS is at the cost of Provident Fund scheme which provided for the savings by the employee which helped to meet out the unforeseen expenditure.
Com. PremKumar Anand extended vote of thanks. Smt. Aparna Khandekar compered the event excellently. The hospitality arrangements were very nice. The hosts, AIRASA Office bearers of Nagpur, C. Rly deserves all appreciations for making the V BGM a great success especially Comrades H.R. MAURYA, C.D. NAIDU, SURYANARAYANA RAO,V.P. JOSHI, ANIL KULKARNI, BODHE, P.G.TALE, KINHAKE, PATE, R.P. BAGDE, APARNA KHANDEKAR, SUNITA BHAGCHANDANI, AZRA KHALID and host of other staff of Sr.DFM/O/NGP. My special thanks to Com. Deepak Dudhane for leading the team in an efficient manner. In all the Nagpur BGM will be remembered for ever.
Yours Comradely,
(N.SRINIVASAN)
General Secretary
Wednesday, December 15, 2010
Monday, September 27, 2010
Minutes of MACP anomalies committee Meeting held on 15-09-2010
Dated: 26th September, 2010
Dear Comrade,
The 2nd meeting of the MACP Committee was held on 15th September, 2010. The meeting was chaired by the Joint Secretary (Estt.) Department of Personnel and Training. We give hereunder a brief resume of the discussions on various issues taken up by the Staff Side.
1. Item No. 1, 9 and 29,46: The demand was to provide for Grade Pay of the next promotional post under MACP as was given in the old ACP Scheme. This has not been agreed to.
2. Item No.3. Option for each individual employee either to retain the old ACP scheme or to switch over to MACP. It was only agreed by the DOPT that they may consider giving option to the Department and not to the individual employee to retrain old ACP Scheme in respect of either the entire establishment of that Department or for a specific category or cadre of the employees of that Department. They also added that they may instruct the Administrative department to undertake restructuring of the cadres in consultation with the Staff Side which would secure quicker promotion.
3. Item No. 8. Anomaly in respect of Junior Engineers of CPWD. The Official side agreed that CPWD may ask for option to retain the old ACP in respect of Junior Engineers which will be considered.
4. Item No. 2, 10 and 48. The Scheme of MACP to be implemented with effect from 1.1.2006. Not agreed to.
5. Item No. 7.Grant of financial up-gradation under ACP between 1.1.2006 to 31.8.2008 in respect of employees who have opted the revised Pay Band Grade Pay System with effect from 1.1.2006. Agreed to.
6. Item No. 4 and 26. Applicability of MACP scheme to Group D employees placed in the grade pay of Rs. 1800 in PB1. along with the benefit of 3% increment in each stage of up-gradation. Covered by the clarification already issued by the Department of personnel ( See their website)
7. Item No. 5 and 23. Counting of 50% of service rendered by a casual labourer with temporary status for reckoning the 10, 20 and 30 years of service for the purpose of MACP. They will examine the court ruling in this regard according which the entire casual service should count for the purpose of MACP.
8. Item No. 6. Supervised staff placed in higher grade pay than their supervisor. The item has been transferred to the National Anomaly Committee for discussion.
9. Item No.11 and 47. In the Railways and some other departments, promotion continues to be given in the merged pay scales, since these have not been functionally merged. It was demanded that in such promotion increment at the rate of 3% may be granted. The Official side has agreed to consider such cases, if taken up by the respective departments.
10. Item No. 15, 22, 39 and 51.These would be considered in the Anomaly Committee of Railways.
11. Item No. 12, 30 and 49. Those selected under LDCE/GBCE schemes may be treated as directly recruited personnel as was done in the case of old ACP scheme. The Official side agreed to look into it.
12. Item Nos. 13, 16. 24 , 50 and 58. It was pointed out that under old ACP scheme in case of an employee who were reverted from higher post to lower post at this request ( to enable him to get transfer to another recruiting unit) the service rendered by him in the higher post was counted for the benefit of ACP. This should be extended to the MACP as well. The Official side agreed to issue necessary clarification in this regard.
13. Item No.14. A departmental employee who has been appointed to a higher grade by virtue of his being selected in a Direct Recruitment Examination the ten, twenty and thirty years of service for the purpose of MACP to be reckoned from the date of such appointment. Necessary clarificatory order has been issued by the DOPT. ( Please see their website)
14. Item No. 16. The service rendered by an employee who had resigned may be counted if he is given re-employment for the purpose of MACP. The Official side wanted this item to be processed separately.
15. Item No. 17. The service rendered prior to removal or dismissal should count if he is reinstated on appeal or by Courts. The Official side stated that the past service will be considered if so ordered by the Court or the Appellate Authorities.
16. Item No. 36. The service rendered in a State Government/Statutory body /PSU before appointment in the Central Govt. to be counted for MACP. Not agreed to.
17. Item No. 37 and 38. Counting the probation period for the purpose of MACP. This is counted as per the scheme
18. Item No. 42. Application of MACP to a surplus hand redeployed to lower post. This is covered under the scheme.
19. Item No. 18 and 54. A person de-categorised on medical grounds to be treated as a fresh appointee. It was not agreed to .
20. Item No. 41. The service rendered in higher grade who have been redeployed in the lower post on medical de-categorised on medical grounds may be counted under the MACP. The official side agreed to reiterate Railway Board's order issued in the year 2005.
21. Item No. 19, 33 and 53. Stepping up benefit to seniors when the juniors get higher pay on account of financial up-gradation. The Supreme Court has given such an order. The Official side will examine this issue and the copy of the Supreme Court's order may be furnished to them.
22. Item No.20. The Account Assistants in the Railways when appointed on qualifying the Appendix II Examination may be treated as a fresh appointee and his past service in the lower post be ignored. The Railway Board to process this case separately.
23. Item No. 21.27 and 28. The Bench mark of good for entitlement to MACP benefit in cases where promotion to the higher posts is on the basis of seniority cum fitness may be done away with. Agreed to examine and issue necessary clarification.
24. Item No. 24, 40 and 45. Counting of Training period. The induction training period would be counted.
25. Item No. 25. The incentive may be given as applicable to the grade pay granted under MACP. This may be considered by the Railways.
26. Item No.31. Extension of MACP to Staff Car Drivers and other Drivers etc. The orders have been issued separately.
27. Item No.34. Pay fixation on promotion subsequent to the grant of MACP with an increment. This was not accepted.
28. Item No. 35. Notional classification for Central Government employees Insurance scheme for those with Grade Pay of Rs. 4200 to be treated as Group B and covered by the scheme for Group B. Not accepted.
29. Item No.43. There are several illustrations given relating to Railway employees. These were not discussed and each case was asked to be processed separately.
30. Item No. 55. There are no provisions for grant of certain privileges/incentive on grant of MACP as was there in the old ACP scheme. The Item may be considered by the Railway administration.
Due to some unavoidable circumstances, we could not place this letter on our website immediately after the meeting. We regret for the same.
With greetings,
Yours fraternally,
Sd/-
K.K.N. Kutty
Secretary General
Dear Comrade,
The 2nd meeting of the MACP Committee was held on 15th September, 2010. The meeting was chaired by the Joint Secretary (Estt.) Department of Personnel and Training. We give hereunder a brief resume of the discussions on various issues taken up by the Staff Side.
1. Item No. 1, 9 and 29,46: The demand was to provide for Grade Pay of the next promotional post under MACP as was given in the old ACP Scheme. This has not been agreed to.
2. Item No.3. Option for each individual employee either to retain the old ACP scheme or to switch over to MACP. It was only agreed by the DOPT that they may consider giving option to the Department and not to the individual employee to retrain old ACP Scheme in respect of either the entire establishment of that Department or for a specific category or cadre of the employees of that Department. They also added that they may instruct the Administrative department to undertake restructuring of the cadres in consultation with the Staff Side which would secure quicker promotion.
3. Item No. 8. Anomaly in respect of Junior Engineers of CPWD. The Official side agreed that CPWD may ask for option to retain the old ACP in respect of Junior Engineers which will be considered.
4. Item No. 2, 10 and 48. The Scheme of MACP to be implemented with effect from 1.1.2006. Not agreed to.
5. Item No. 7.Grant of financial up-gradation under ACP between 1.1.2006 to 31.8.2008 in respect of employees who have opted the revised Pay Band Grade Pay System with effect from 1.1.2006. Agreed to.
6. Item No. 4 and 26. Applicability of MACP scheme to Group D employees placed in the grade pay of Rs. 1800 in PB1. along with the benefit of 3% increment in each stage of up-gradation. Covered by the clarification already issued by the Department of personnel ( See their website)
7. Item No. 5 and 23. Counting of 50% of service rendered by a casual labourer with temporary status for reckoning the 10, 20 and 30 years of service for the purpose of MACP. They will examine the court ruling in this regard according which the entire casual service should count for the purpose of MACP.
8. Item No. 6. Supervised staff placed in higher grade pay than their supervisor. The item has been transferred to the National Anomaly Committee for discussion.
9. Item No.11 and 47. In the Railways and some other departments, promotion continues to be given in the merged pay scales, since these have not been functionally merged. It was demanded that in such promotion increment at the rate of 3% may be granted. The Official side has agreed to consider such cases, if taken up by the respective departments.
10. Item No. 15, 22, 39 and 51.These would be considered in the Anomaly Committee of Railways.
11. Item No. 12, 30 and 49. Those selected under LDCE/GBCE schemes may be treated as directly recruited personnel as was done in the case of old ACP scheme. The Official side agreed to look into it.
12. Item Nos. 13, 16. 24 , 50 and 58. It was pointed out that under old ACP scheme in case of an employee who were reverted from higher post to lower post at this request ( to enable him to get transfer to another recruiting unit) the service rendered by him in the higher post was counted for the benefit of ACP. This should be extended to the MACP as well. The Official side agreed to issue necessary clarification in this regard.
13. Item No.14. A departmental employee who has been appointed to a higher grade by virtue of his being selected in a Direct Recruitment Examination the ten, twenty and thirty years of service for the purpose of MACP to be reckoned from the date of such appointment. Necessary clarificatory order has been issued by the DOPT. ( Please see their website)
14. Item No. 16. The service rendered by an employee who had resigned may be counted if he is given re-employment for the purpose of MACP. The Official side wanted this item to be processed separately.
15. Item No. 17. The service rendered prior to removal or dismissal should count if he is reinstated on appeal or by Courts. The Official side stated that the past service will be considered if so ordered by the Court or the Appellate Authorities.
16. Item No. 36. The service rendered in a State Government/Statutory body /PSU before appointment in the Central Govt. to be counted for MACP. Not agreed to.
17. Item No. 37 and 38. Counting the probation period for the purpose of MACP. This is counted as per the scheme
18. Item No. 42. Application of MACP to a surplus hand redeployed to lower post. This is covered under the scheme.
19. Item No. 18 and 54. A person de-categorised on medical grounds to be treated as a fresh appointee. It was not agreed to .
20. Item No. 41. The service rendered in higher grade who have been redeployed in the lower post on medical de-categorised on medical grounds may be counted under the MACP. The official side agreed to reiterate Railway Board's order issued in the year 2005.
21. Item No. 19, 33 and 53. Stepping up benefit to seniors when the juniors get higher pay on account of financial up-gradation. The Supreme Court has given such an order. The Official side will examine this issue and the copy of the Supreme Court's order may be furnished to them.
22. Item No.20. The Account Assistants in the Railways when appointed on qualifying the Appendix II Examination may be treated as a fresh appointee and his past service in the lower post be ignored. The Railway Board to process this case separately.
23. Item No. 21.27 and 28. The Bench mark of good for entitlement to MACP benefit in cases where promotion to the higher posts is on the basis of seniority cum fitness may be done away with. Agreed to examine and issue necessary clarification.
24. Item No. 24, 40 and 45. Counting of Training period. The induction training period would be counted.
25. Item No. 25. The incentive may be given as applicable to the grade pay granted under MACP. This may be considered by the Railways.
26. Item No.31. Extension of MACP to Staff Car Drivers and other Drivers etc. The orders have been issued separately.
27. Item No.34. Pay fixation on promotion subsequent to the grant of MACP with an increment. This was not accepted.
28. Item No. 35. Notional classification for Central Government employees Insurance scheme for those with Grade Pay of Rs. 4200 to be treated as Group B and covered by the scheme for Group B. Not accepted.
29. Item No.43. There are several illustrations given relating to Railway employees. These were not discussed and each case was asked to be processed separately.
30. Item No. 55. There are no provisions for grant of certain privileges/incentive on grant of MACP as was there in the old ACP scheme. The Item may be considered by the Railway administration.
Due to some unavoidable circumstances, we could not place this letter on our website immediately after the meeting. We regret for the same.
With greetings,
Yours fraternally,
Sd/-
K.K.N. Kutty
Secretary General
Posted by Confederation Of Central Government Employees at 6:42 AM
latest on PATNA JUDGEMENT ON Payment of Arrears
The Contempt Petition filed by Shri. SUDAMA SINGH and others against CRB, FC and FA&CAO/ECR for having failed to implement the High Court Order in CASE No.11452 OF 2005 directing the Administration to pay the Arrears of Pay due to the Accounts Employees from 1-1-96 to 18-02-2003 came up for hearing today i.e 21-09-2010. The High Court has ordered Notice to the Government returnable with in 3 Weeks failing which Contempt proceedings will be initiated against CRB, FC and FA&CAO/ECR.
Tuesday, September 14, 2010
ZONAL LEVEL DHARNA ON 15-09-2010
ALL INDIA RAILWAY ACCOUNTS STAFF ASSOCIATION
(AIRASA) ( REG.NO 17/9621)
Dear Comrades,
The continuing discriminatory treatment of Railway Accounts department in the implementation of VI PC has compelled us to come to streets once again to fight for justice. It is history that how we, the Accounts Staff came together, fought against the mighty Finance Ministry and DOPT and achieved improved Pay Scales on par with the Central Secretariat for Railway Accounts, which made those who mocked at us to look in disbelief. It is only through sustained struggle by all the Accounts Staff that we were able to achieve it.
Now again, the Finance Ministry has granted Grade Pay of Rs.4600/- to the Assistants and Stenographers of Central Secretariat w.e.f 01-01-2006 outside the Pay Commission disturbing the parity in Pay Grades between the Central Secretariat cadres and the Organised Accounts and Audit Cadres and totally disregarding the recommendation of 6 CPC to grant absolute parity between similarly placed personal employed in field offices and in the Secretariat.
Apart from this, ignoring the recommendations of VI CPC vide Chapter 3, Government has denied the legitimate Grade Pay of Rs.4200/- to Junior Accounts Assistants.
By placing the Accounts Clerks in Grade pay of Rs.1900/-, they have almost been equated with Group D Staff now rechristened as Group C with a Grade Pay of Rs.1800/-. The above ignominy has to be fought tooth &nail.
Though the Group D Staff have been placed in Group C by allotting Grade Pay Rs.1800/-, the Railway Administration is yet to notify that their further promotion as Accounts Clerk will be on seniority basis.
The implementation of MACP has added insult to the injury. This scheme does not fit in to the Accounts department where promotions are based on passing stringent qualifying Examinations and not on Seniority basis. The scheme has lost its purpose and has served as a tool to the Authorities to divide the staff by enabling the Juniors to get placed in higher Grades leaving the Seniors to languish. In this regard, AIRASA is demanding Stepping up of Pay for the Seniors and Grant of ACP as per departmental hierarchy.
On 9th August 2010, Principal bench, CAT, New Delhi has ordered grant of stepping of Pay to the Seniors on par with Juniors in the implementation of MACP on the application filed by the Postal Accounts Employees.
The PATNA HIGH COURT has delivered a landmark judgement on 08-04-2010 ordering the Railway Administration to pay the Arrears of Pay for the period between 1-1-96 to 18-02-2003 in the implementation of improved pay scales from 19-02-2003 terming the action of the Government in granting notional fixation from 1-1-96 as highly discriminatory and violation of Article 14 of the Constitution.. Now the Administration has filed a Review petition after the Staffside filed the Contempt petition.
After a lapse of four years and several rounds of negotiation, the Government of India has decided to reject the Arbitration Award dated 24-08-2004 granting pay parity with Central Secretariat from 1-1-1986 on notional basis and actual benefits from Nov 2001. A resolution in this regard has been listed by the Parliamentary business Advisory Committee. As usual the two Federations have closed their eyes without any response.
The CWC of AIRASA which met at GUWAHATI on 05-07-2010 has decided to resort to ONE DAY ZONAL LEVEL MASS DHARNA ON 15TH SEPTEMBER ‘2010 in front of all Zonal Headquarters/GM’s Offices.
Charter of demands :-
1. Promote all Staff in Grade Pay 1800 (erstwhile Gr.D) as Accounts Clerks on Seniority basis.
2. Grant the following pay sales to different cadres-
Accounts Clerk /Jr. Typist PB-1 with Grade Pay Rs.2400
Jr. Accts Asst./Steno Gr.II/ FPE/Sr.Typist PB-2 with Grade Pay Rs.4200
Accts.Asst./Steno Gr.I/ASV/Sr. FPE/Hd.Typist PB-2 with Grade Pay Rs.4600
Sr.ASV/ OS-Typing PB-2 with Grade Pay Rs.4800
SO(A)/TIA/ISA/CFPE/CA/ PB-2 with Grade Pay Rs.4800
PB-3 with Grade Pay Rs.5400
on completion of 4 years.
3. Grant MACP on departmental hierarchy basis on completion of 10 years irrespective of the number of promotions already earned OR Step up pay of Senior Promotees who exhausted ACP in the event of junior drawing more pay and getting ACP in compliance with apex court judgment.
4. Implement the PATNA HIGH COURT Order allowing Arrears of Pay from 1-1-96 to 18-02-2003 duly withdrawing the Review Petition.
5. Create additional posts of TIAs and afford promotion to all App.IIIA empanelled candidates.
6. Grant one increment and Grade pay of Rs.4800 from the day of passing App.III(IREM) Examination.
7. Grant 3 increments on passing departmental confirmatory exams(App.II & IV IREM Exams)
8. Withdraw the Resolution listed in the Parliament to reject the Arbitration Award and implement the same by granting higher pay scale notionally w.e.f.1-1-1986 and effectively w.e.f 1-1-2006.
9. Promote all App. IIA qualified Accounts Clerks as JAAs against Direct Recruitment quota.
10. Promote all Accounts Clerks who have put in 10 years of Service as JAAs.
11. Grant Group B Status to SO(A)s/TIAs/ISAs on par with other Audit and Accounts of Central Government.
12. Ministry of Railways should treat Railways Accounts as a separate entity and grant recognition to the representative body of Accounts Employees of Railways i.e. All India Railway Accounts Staff Association without any delay.
Comrades, it is time for us to come together without any cadre discrimination in order to restore the lost pride, prestige and dignity of the Railway Accounts Employees and put up a united fight till all the above demands are achieved.
MASS DHARNA BEFORE GM’S OFFICE ON 15-09-2010
ATTEND ENMASSE ! AGITATE ! ACHIEVE !
(AIRASA) ( REG.NO 17/9621)
Dear Comrades,
The continuing discriminatory treatment of Railway Accounts department in the implementation of VI PC has compelled us to come to streets once again to fight for justice. It is history that how we, the Accounts Staff came together, fought against the mighty Finance Ministry and DOPT and achieved improved Pay Scales on par with the Central Secretariat for Railway Accounts, which made those who mocked at us to look in disbelief. It is only through sustained struggle by all the Accounts Staff that we were able to achieve it.
Now again, the Finance Ministry has granted Grade Pay of Rs.4600/- to the Assistants and Stenographers of Central Secretariat w.e.f 01-01-2006 outside the Pay Commission disturbing the parity in Pay Grades between the Central Secretariat cadres and the Organised Accounts and Audit Cadres and totally disregarding the recommendation of 6 CPC to grant absolute parity between similarly placed personal employed in field offices and in the Secretariat.
Apart from this, ignoring the recommendations of VI CPC vide Chapter 3, Government has denied the legitimate Grade Pay of Rs.4200/- to Junior Accounts Assistants.
By placing the Accounts Clerks in Grade pay of Rs.1900/-, they have almost been equated with Group D Staff now rechristened as Group C with a Grade Pay of Rs.1800/-. The above ignominy has to be fought tooth &nail.
Though the Group D Staff have been placed in Group C by allotting Grade Pay Rs.1800/-, the Railway Administration is yet to notify that their further promotion as Accounts Clerk will be on seniority basis.
The implementation of MACP has added insult to the injury. This scheme does not fit in to the Accounts department where promotions are based on passing stringent qualifying Examinations and not on Seniority basis. The scheme has lost its purpose and has served as a tool to the Authorities to divide the staff by enabling the Juniors to get placed in higher Grades leaving the Seniors to languish. In this regard, AIRASA is demanding Stepping up of Pay for the Seniors and Grant of ACP as per departmental hierarchy.
On 9th August 2010, Principal bench, CAT, New Delhi has ordered grant of stepping of Pay to the Seniors on par with Juniors in the implementation of MACP on the application filed by the Postal Accounts Employees.
The PATNA HIGH COURT has delivered a landmark judgement on 08-04-2010 ordering the Railway Administration to pay the Arrears of Pay for the period between 1-1-96 to 18-02-2003 in the implementation of improved pay scales from 19-02-2003 terming the action of the Government in granting notional fixation from 1-1-96 as highly discriminatory and violation of Article 14 of the Constitution.. Now the Administration has filed a Review petition after the Staffside filed the Contempt petition.
After a lapse of four years and several rounds of negotiation, the Government of India has decided to reject the Arbitration Award dated 24-08-2004 granting pay parity with Central Secretariat from 1-1-1986 on notional basis and actual benefits from Nov 2001. A resolution in this regard has been listed by the Parliamentary business Advisory Committee. As usual the two Federations have closed their eyes without any response.
The CWC of AIRASA which met at GUWAHATI on 05-07-2010 has decided to resort to ONE DAY ZONAL LEVEL MASS DHARNA ON 15TH SEPTEMBER ‘2010 in front of all Zonal Headquarters/GM’s Offices.
Charter of demands :-
1. Promote all Staff in Grade Pay 1800 (erstwhile Gr.D) as Accounts Clerks on Seniority basis.
2. Grant the following pay sales to different cadres-
Accounts Clerk /Jr. Typist PB-1 with Grade Pay Rs.2400
Jr. Accts Asst./Steno Gr.II/ FPE/Sr.Typist PB-2 with Grade Pay Rs.4200
Accts.Asst./Steno Gr.I/ASV/Sr. FPE/Hd.Typist PB-2 with Grade Pay Rs.4600
Sr.ASV/ OS-Typing PB-2 with Grade Pay Rs.4800
SO(A)/TIA/ISA/CFPE/CA/ PB-2 with Grade Pay Rs.4800
PB-3 with Grade Pay Rs.5400
on completion of 4 years.
3. Grant MACP on departmental hierarchy basis on completion of 10 years irrespective of the number of promotions already earned OR Step up pay of Senior Promotees who exhausted ACP in the event of junior drawing more pay and getting ACP in compliance with apex court judgment.
4. Implement the PATNA HIGH COURT Order allowing Arrears of Pay from 1-1-96 to 18-02-2003 duly withdrawing the Review Petition.
5. Create additional posts of TIAs and afford promotion to all App.IIIA empanelled candidates.
6. Grant one increment and Grade pay of Rs.4800 from the day of passing App.III(IREM) Examination.
7. Grant 3 increments on passing departmental confirmatory exams(App.II & IV IREM Exams)
8. Withdraw the Resolution listed in the Parliament to reject the Arbitration Award and implement the same by granting higher pay scale notionally w.e.f.1-1-1986 and effectively w.e.f 1-1-2006.
9. Promote all App. IIA qualified Accounts Clerks as JAAs against Direct Recruitment quota.
10. Promote all Accounts Clerks who have put in 10 years of Service as JAAs.
11. Grant Group B Status to SO(A)s/TIAs/ISAs on par with other Audit and Accounts of Central Government.
12. Ministry of Railways should treat Railways Accounts as a separate entity and grant recognition to the representative body of Accounts Employees of Railways i.e. All India Railway Accounts Staff Association without any delay.
Comrades, it is time for us to come together without any cadre discrimination in order to restore the lost pride, prestige and dignity of the Railway Accounts Employees and put up a united fight till all the above demands are achieved.
MASS DHARNA BEFORE GM’S OFFICE ON 15-09-2010
ATTEND ENMASSE ! AGITATE ! ACHIEVE !
Saturday, July 24, 2010
Minutes of CWC Meeting held on 05-07-2010 at GUWAHATI
Dated 12th July’ 2010
Dear Comrades,
Accepting the offer to host the CWC Meeting, the Office Bearers of AIRASA, NF Railway under the able leadership of S/Shri. Dilip Tamuli, Prashant Mahanto, Paritosh Sen and Nirmal Mondal had made excellent arrangements for the smooth conduct of the CWC Meeting ON 05-07-2010 at GUWAHATI.
Sri. Dilip Tamuli, Secretary, AIRASA N F Zone, welcomed the delegates. Sri. R.K. Saraswat, President, AIRASA presided over the Meeting and outlined the agenda of the Meeting. Sri. N. Srinivasan, General Secretary outlined the activities of Central office since last CWC Meeting held at Solapur on 15-02-2009. He dwelt upon the visit of the President, Working President and General Secretary to New Delhi in the month of April 2010. He said that Railway Board has finally agreed to extend the Grade Pay of Rs.4800/- to Sr. AAs vide Railway Board’s letter dated 17-05-2010 and this will enable the II ACP beneficiaries (direct Recruit JAAs) under the old Scheme to get their pay also fixed in Rs.4800/- and to get elevation to Rs. 5400/- on completion of 30 years. But the non extension of the GP Rs.4800/- to Sr.ASVs was deplored. As usual the Federations claimed the credit without even writing a single letter on the issue.
Despite regular reminders to Board, personal meeting with Board Officials and FC there is not much progress in any of the rest of our demands including improved Grade pays demanded by the Association. On the issue of Large number of CG II appointed Sr.SO(A)s/Sr.TIAs/Sr.ISAs and AAs who have not been granted Grade Pay of Rs.5400/- ans Rs.4800/- respectively whereas their juniors appointed as JAAs have been granted the benefit under MACP, the General Secretary stated that the matter has been taken up with the Anomaly Committee on MACP and one round of discussions have been held with the Official side and the same will be discussed again in the next Meeting and all the authorities are being reminded regularly in the matter.
The General Secretary reported to the meeting that the Government has passed a Motion in both the Houses of the Parliament rejecting all the pending Arbitration Awards including the one granting Rs.1640-2900 from 1-1-86 to all the Accounts Assistants of Railways just by informing staff side the previous night. As usual both the Federations have not shown any response to this draconic action of the Government. Hence there is a necessity for intensifying the agitations to press our demands.
Mr. Reji George, Secretary, Finance detailed the present financial position of the Association and said that with the meager balance available it will be difficult to carry on the activities of the Association and urged the members present to take the matter serious and arrange for immediate remittance of the central portion of the membership collection. The absence of office bearers from NE, EC,NC, SW,SC and Northern Railways was deplored and it was decided to nominate two central committee members to go to Gorakhpur, Patna, Allahabad, Varanasi, Hubli, Secunderabad, Jaipur, Jabalpur and Newdelhi for strengthening the Organisation.
In the discussion that followed all the Central Office Bearers and other CWC Members present participated and argued for the strengthening of the Organisation in all the Railways and particularly in places where there has been no activities at all. Most of them wanted a calendar of agitations to press our pending demands.
The Meeting also discussed the outcome of the HIGH COURT ,PATNA’S JUDGEMENT ordering payment of Arrears of Pay from 1-1-96 to 18-02-2003 and members present expressed desire that AIRASA should implead in the Case if the Administration decides to appeal in the Supreme Court.
Many members reiterated the following issues also apart from improved Grade Pays for all Cadres.
• Grade Pay of Rs.4600/- to all AAs on par with Assistants of Central Secretariat who have been granted the same vide MOF order dated 16-11-2009.
• Large number of Accounts Clerks and JAAs are stagnated in the Cadre for more than 10 to 20 years without promotion and Board should consider AIRASA’s proposal of modification of cadre ratio of JAA s from 80 : 20 to 20:80 i.e to enhance the promotion quota to 80% .
• Extension of ACP benefit to Stock Verifiers also duly taking the tenure as AA and SV put together for II ACP.
• Promotion of all Group D Staff now classified as Group C as Accounts Clerks on seniority basis by doing away with the selection.
• Change of designations of all accounts Cadres on par with the other organized Accounting organizations of Central Govt.
• Introduction of uniform 5 day week to all Accounts Cadres including Workshop Accounts staff, Construction Accounts Staff, Stock Verifiers, ISAs and TIAs etc.,
Following this, the CWC passed the following resolutions unanimously.
1. To observe DEMANDS DAY on 11h August 2010 in pursuance of the Charter of Demands already placed before Railway Board by holding Unit level LUNCH HOUR DEMONSTRATIONS and wearing Demands Badges.
2. To stage a DAY LONG DHARNA before GM’s Offices on 15th September 2010 in all Zonal Head Quarters and Production Units. (The decision for holding an All India Dharna at New Delhi was postponed for want of adequate funds)
3. To reiterate to Railway Board to calculate 5% of the merged Cadre of Section Officers for the posts of Sr.AA and distribute the same among various divisions/Units based on the Unit wise strength of Section Officers so that the senior most AAs of each and every division will get the benefit of promotion as Sr.AA.
4. To hold the next Biennial General Meeting of AIRASA on 18th &19th November 2010 at NAGPUR. All Units/branches should send a contribution of Rs.2000/- for the BGM to the Secretary, Finance by way of DD or remit the money in AIRASA SB Account No. 11037325652 in any branch of STATE BANK OF INDIA. This is apart from the regular Membership contribution to Central body
5. To implead in the Case of HIGH COURT ,PATNA’S JUDGEMENT ordering payment of Arrears of Pay from 1-1-96 to 18-02-2003 if the Administration decides to appeal in the Supreme Court. A team of CWC members under the leadership of Shri. R.K. Saraswat, President and Partha Bhattacharjee, Working President will look after this work.
6. To collect Rs.500/- from SO(A)s and Rs.300/- from AAs and JAAs to meet the Legal Expenses as STRUGGLE FUND.
It was also resolved to pursue the resolutions already passed in the last CWC Meetings held at Mysore and Solapur and the Charter of Demands already forwarded to Board after observing the Demands Day on 21-01-2010.
In the evening an Open Session was held in which Shri. P. MOHANTY, FA&CAO/NF Rly was the Chief Guest., Shri. Paritosh Sen, President, AIRASA, NF Zone presided over the Meeting. Shri. R.K. Saraswat President, Shri. Partha Bhattacharjee, WP, Shri. Reji George, Secy, Finance and Shri. Ashok Dwivedi, AGS spoke on the occasion. Sri. N. Srinivasan spoke on the anomalies of VI CPC and AIRASA’s efforts. Shri. P. MOHANTY, FA&CAO in his address said that the high standards of Accounts Cadre is incomparable and lauded the efforts of AIRASA in highlighting the grievances of Railway Accounts staff. Sri. Kanak Burman proposed vote of thanks.
The CWC Meeting at GUWAHATI will be remembered not only for the hectic discussions and exchange of ideas but also for the exemplary hospitality shown by the volunteers of AIRASA,.NF Railway including S/Shri. Subol Sinha, Aswani Sharma, Pabitra Baruah, Kamal Anwar, Anil Baishya, Juhin Nag, Badal Pal, Sasadhar Das, Keshab Baruah,Arup Das, Vijay Singh, Omprakash Yadav, Nirmal Sharma, Bhupen Deika, Ranjit Sarkhel, Ashok Das, Bhaben Baishya, Mahendra Choudhry, Hitesh Deika, Smt. Narmada Das and Smt Swasati Dey braving the monsoon rains.
Yours faithfully,
(N.SRINIVASAN)
GENERAL SECRETARY
The following Office bearers shall visit the places mentioned against their Names before 30-09-2010 and conduct Mobilization Meetings and form adhoc divisional/Zonal committees of AIRASA. All the incumbent office bearers in the respective divisions/units are requested to coordinate and facilitate the visiting Office bearers in organizing the Meetings. A compliance Report shall be submitted to the General Secretary by 10th October 2010.
Names of Office Bearers Places to visit
S/Shri
R.K. Saraswat, R. K . Mishra & Baroda House, Traffic Accounts &
Nanoma, President, W. Zone New Delhi Division of Northern Railway
Partha Bhattacharjee & Shailendra Kumar All Accts Offices in ALD, N C Rly, & Dhanbad
Reji George & C.M. Chengappa Tfc Accts, SBC & BNC of SW Rly
C. Sarathbabu & Md. Dawood All Accounts offices in Secunderabad
D. Govindarajulu & Md. Dawood Guntakal, Nanded, Guntur & Vizag divisions
Ashok Dwivedi DLW and Varanasi Division of N E Railway.
P. Mahanto & N.K. Mondal Gorakhpur, N E Rly & Jamalpur
Rakesh Guptha RCF, Kapurthala, & DMW, Patiala
R. Ramani, Mehboob Jakati & T.S. Mohan All Accounts offices in Hubli, SW Rly
K. Chaturvedi, Tapan Baisya & P.S. Anand Patna, Hajipur, Sonpur & Samastipur
Sheik Taher Ali & Ashish Das Sealdah, Asansol, Malda & Jamalpur
C.P. Singh, B.M. Balai & Rakesh Sharma All Accts Offices in Jaipur, Jodhpur & Bikaner
Deepak Dudane, S. Mitra & Ekta Gupta All Accts offices in Jabalpur, Bhopal & Kota
P. Suryanarayana & Umakant Raut All Accts Offices in Bhubaneshwar, Khurda Road
S. Bhringraj Nagpur, SECR & Raipur
S. Veeramani ICF & RWF/YNK
Dated 11-08-2010
To,
THE FINANCIAL COMMISSIONER, RAILWAYS
RAIL BHAVAN
NEW DELHI – 110 001
Subject:- Request for settlement of long pending demands of Railway
Accounts Employees.
Madam,
The 6th Central Pay Commission did not do justice to Railway Accounts Employees and while implementing the recommendations of 6th Central Pay Commission, Government of India also did not also take any favorable action to remove the injustice done by the pay Commission. The Railway Accounts employees have been consistently requesting the Railway Board to resolve the grievances of the Accounts Employees regarding their pay scale related issues. But the Government of India has created further disparity between the Accounts &Audit cadres and the Cadres in Central Secretariat by upgrading the pay scales of Central Secretariat cadres.
Also, there are various other issues –listed below- that are pending for long with resolution. The employees of Railway Accounts are agitated over the non upgradation of pay scales of Accounts Cadres at par with CSS and also over the inaction on other long pending grievances and observed 11th August’ 2010 as DEMANDS DAY AND HELD LUNCH HOUR DEMONSTRATION BEFORE GM/DRM’S OFFICE.
It is requested that, appropriate action for settlement of all the demands may kindly be taken at an early date.
Thanking you,
Yours Sincerely
Encl: charter of demands
Demands
1. Implement arbitration award by granting higher pay scale notionally w.e.f.
1- 1-1986 and effectively w.e.f 1-1-2006.
2. Grant the following pay sales to different cadres-
Accounts Clerk/Jr. Typist PB-1 with Grade Pay Rs.2800
Jr. Accts Asst./Steno Gr.II/ FPE/Sr.Typist PB-2 with Grade Pay Rs.4200
Accts.Asst./Steno Gr.I/ASV/Sr. FPE/Hd.Typ PB-2 with Grade Pay Rs.4600
SO(A)/TIA/ISA/CFPE/Sr.ASV /CA PB-2 with Grade Pay Rs.4800
Sr. SO(A)/Sr.TIA/Sr.ISA /CA PB-3 with Grade Pay Rs.5400
3. Grant MACP on departmental hierarchy basis on completion of 10 years irrespective of the number of promotions already earned OR Step up pay of Senior Promotees who exhausted ACP in the event of junior drawing more pay and getting ACP in compliance with apex court judgment.
4. Grant one increment and Grade pay of Rs.4800 from the day of passing App.III(IREM) Examination.
5. Grant three increments on passing departmental confirmatory examination.(App.II & IV IREM Exams)
6. Grant Group B Status to SO(A)s/TIAs/ISAs on par with other Audit and Accounts of Central Government.
7. Promote all App. IIA qualified Accounts Clerks as JAAs against DR quota.
8. Promote all Accounts Clerks who have put in 10 years of Service as JAAs.
9. Promote all Staff in Grade Pay 1800 (erstwhile Gr.D) as Accounts Clerks on Seniority basis.
10. Ministry of Railways should treat Railways Accounts as a separate entity and grant
recognition to the representative body of Accounts Employees of Railways i.e. All India
Railway Accounts Staff Association without any delay.
Dear Comrades,
Accepting the offer to host the CWC Meeting, the Office Bearers of AIRASA, NF Railway under the able leadership of S/Shri. Dilip Tamuli, Prashant Mahanto, Paritosh Sen and Nirmal Mondal had made excellent arrangements for the smooth conduct of the CWC Meeting ON 05-07-2010 at GUWAHATI.
Sri. Dilip Tamuli, Secretary, AIRASA N F Zone, welcomed the delegates. Sri. R.K. Saraswat, President, AIRASA presided over the Meeting and outlined the agenda of the Meeting. Sri. N. Srinivasan, General Secretary outlined the activities of Central office since last CWC Meeting held at Solapur on 15-02-2009. He dwelt upon the visit of the President, Working President and General Secretary to New Delhi in the month of April 2010. He said that Railway Board has finally agreed to extend the Grade Pay of Rs.4800/- to Sr. AAs vide Railway Board’s letter dated 17-05-2010 and this will enable the II ACP beneficiaries (direct Recruit JAAs) under the old Scheme to get their pay also fixed in Rs.4800/- and to get elevation to Rs. 5400/- on completion of 30 years. But the non extension of the GP Rs.4800/- to Sr.ASVs was deplored. As usual the Federations claimed the credit without even writing a single letter on the issue.
Despite regular reminders to Board, personal meeting with Board Officials and FC there is not much progress in any of the rest of our demands including improved Grade pays demanded by the Association. On the issue of Large number of CG II appointed Sr.SO(A)s/Sr.TIAs/Sr.ISAs and AAs who have not been granted Grade Pay of Rs.5400/- ans Rs.4800/- respectively whereas their juniors appointed as JAAs have been granted the benefit under MACP, the General Secretary stated that the matter has been taken up with the Anomaly Committee on MACP and one round of discussions have been held with the Official side and the same will be discussed again in the next Meeting and all the authorities are being reminded regularly in the matter.
The General Secretary reported to the meeting that the Government has passed a Motion in both the Houses of the Parliament rejecting all the pending Arbitration Awards including the one granting Rs.1640-2900 from 1-1-86 to all the Accounts Assistants of Railways just by informing staff side the previous night. As usual both the Federations have not shown any response to this draconic action of the Government. Hence there is a necessity for intensifying the agitations to press our demands.
Mr. Reji George, Secretary, Finance detailed the present financial position of the Association and said that with the meager balance available it will be difficult to carry on the activities of the Association and urged the members present to take the matter serious and arrange for immediate remittance of the central portion of the membership collection. The absence of office bearers from NE, EC,NC, SW,SC and Northern Railways was deplored and it was decided to nominate two central committee members to go to Gorakhpur, Patna, Allahabad, Varanasi, Hubli, Secunderabad, Jaipur, Jabalpur and Newdelhi for strengthening the Organisation.
In the discussion that followed all the Central Office Bearers and other CWC Members present participated and argued for the strengthening of the Organisation in all the Railways and particularly in places where there has been no activities at all. Most of them wanted a calendar of agitations to press our pending demands.
The Meeting also discussed the outcome of the HIGH COURT ,PATNA’S JUDGEMENT ordering payment of Arrears of Pay from 1-1-96 to 18-02-2003 and members present expressed desire that AIRASA should implead in the Case if the Administration decides to appeal in the Supreme Court.
Many members reiterated the following issues also apart from improved Grade Pays for all Cadres.
• Grade Pay of Rs.4600/- to all AAs on par with Assistants of Central Secretariat who have been granted the same vide MOF order dated 16-11-2009.
• Large number of Accounts Clerks and JAAs are stagnated in the Cadre for more than 10 to 20 years without promotion and Board should consider AIRASA’s proposal of modification of cadre ratio of JAA s from 80 : 20 to 20:80 i.e to enhance the promotion quota to 80% .
• Extension of ACP benefit to Stock Verifiers also duly taking the tenure as AA and SV put together for II ACP.
• Promotion of all Group D Staff now classified as Group C as Accounts Clerks on seniority basis by doing away with the selection.
• Change of designations of all accounts Cadres on par with the other organized Accounting organizations of Central Govt.
• Introduction of uniform 5 day week to all Accounts Cadres including Workshop Accounts staff, Construction Accounts Staff, Stock Verifiers, ISAs and TIAs etc.,
Following this, the CWC passed the following resolutions unanimously.
1. To observe DEMANDS DAY on 11h August 2010 in pursuance of the Charter of Demands already placed before Railway Board by holding Unit level LUNCH HOUR DEMONSTRATIONS and wearing Demands Badges.
2. To stage a DAY LONG DHARNA before GM’s Offices on 15th September 2010 in all Zonal Head Quarters and Production Units. (The decision for holding an All India Dharna at New Delhi was postponed for want of adequate funds)
3. To reiterate to Railway Board to calculate 5% of the merged Cadre of Section Officers for the posts of Sr.AA and distribute the same among various divisions/Units based on the Unit wise strength of Section Officers so that the senior most AAs of each and every division will get the benefit of promotion as Sr.AA.
4. To hold the next Biennial General Meeting of AIRASA on 18th &19th November 2010 at NAGPUR. All Units/branches should send a contribution of Rs.2000/- for the BGM to the Secretary, Finance by way of DD or remit the money in AIRASA SB Account No. 11037325652 in any branch of STATE BANK OF INDIA. This is apart from the regular Membership contribution to Central body
5. To implead in the Case of HIGH COURT ,PATNA’S JUDGEMENT ordering payment of Arrears of Pay from 1-1-96 to 18-02-2003 if the Administration decides to appeal in the Supreme Court. A team of CWC members under the leadership of Shri. R.K. Saraswat, President and Partha Bhattacharjee, Working President will look after this work.
6. To collect Rs.500/- from SO(A)s and Rs.300/- from AAs and JAAs to meet the Legal Expenses as STRUGGLE FUND.
It was also resolved to pursue the resolutions already passed in the last CWC Meetings held at Mysore and Solapur and the Charter of Demands already forwarded to Board after observing the Demands Day on 21-01-2010.
In the evening an Open Session was held in which Shri. P. MOHANTY, FA&CAO/NF Rly was the Chief Guest., Shri. Paritosh Sen, President, AIRASA, NF Zone presided over the Meeting. Shri. R.K. Saraswat President, Shri. Partha Bhattacharjee, WP, Shri. Reji George, Secy, Finance and Shri. Ashok Dwivedi, AGS spoke on the occasion. Sri. N. Srinivasan spoke on the anomalies of VI CPC and AIRASA’s efforts. Shri. P. MOHANTY, FA&CAO in his address said that the high standards of Accounts Cadre is incomparable and lauded the efforts of AIRASA in highlighting the grievances of Railway Accounts staff. Sri. Kanak Burman proposed vote of thanks.
The CWC Meeting at GUWAHATI will be remembered not only for the hectic discussions and exchange of ideas but also for the exemplary hospitality shown by the volunteers of AIRASA,.NF Railway including S/Shri. Subol Sinha, Aswani Sharma, Pabitra Baruah, Kamal Anwar, Anil Baishya, Juhin Nag, Badal Pal, Sasadhar Das, Keshab Baruah,Arup Das, Vijay Singh, Omprakash Yadav, Nirmal Sharma, Bhupen Deika, Ranjit Sarkhel, Ashok Das, Bhaben Baishya, Mahendra Choudhry, Hitesh Deika, Smt. Narmada Das and Smt Swasati Dey braving the monsoon rains.
Yours faithfully,
(N.SRINIVASAN)
GENERAL SECRETARY
The following Office bearers shall visit the places mentioned against their Names before 30-09-2010 and conduct Mobilization Meetings and form adhoc divisional/Zonal committees of AIRASA. All the incumbent office bearers in the respective divisions/units are requested to coordinate and facilitate the visiting Office bearers in organizing the Meetings. A compliance Report shall be submitted to the General Secretary by 10th October 2010.
Names of Office Bearers Places to visit
S/Shri
R.K. Saraswat, R. K . Mishra & Baroda House, Traffic Accounts &
Nanoma, President, W. Zone New Delhi Division of Northern Railway
Partha Bhattacharjee & Shailendra Kumar All Accts Offices in ALD, N C Rly, & Dhanbad
Reji George & C.M. Chengappa Tfc Accts, SBC & BNC of SW Rly
C. Sarathbabu & Md. Dawood All Accounts offices in Secunderabad
D. Govindarajulu & Md. Dawood Guntakal, Nanded, Guntur & Vizag divisions
Ashok Dwivedi DLW and Varanasi Division of N E Railway.
P. Mahanto & N.K. Mondal Gorakhpur, N E Rly & Jamalpur
Rakesh Guptha RCF, Kapurthala, & DMW, Patiala
R. Ramani, Mehboob Jakati & T.S. Mohan All Accounts offices in Hubli, SW Rly
K. Chaturvedi, Tapan Baisya & P.S. Anand Patna, Hajipur, Sonpur & Samastipur
Sheik Taher Ali & Ashish Das Sealdah, Asansol, Malda & Jamalpur
C.P. Singh, B.M. Balai & Rakesh Sharma All Accts Offices in Jaipur, Jodhpur & Bikaner
Deepak Dudane, S. Mitra & Ekta Gupta All Accts offices in Jabalpur, Bhopal & Kota
P. Suryanarayana & Umakant Raut All Accts Offices in Bhubaneshwar, Khurda Road
S. Bhringraj Nagpur, SECR & Raipur
S. Veeramani ICF & RWF/YNK
Dated 11-08-2010
To,
THE FINANCIAL COMMISSIONER, RAILWAYS
RAIL BHAVAN
NEW DELHI – 110 001
Subject:- Request for settlement of long pending demands of Railway
Accounts Employees.
Madam,
The 6th Central Pay Commission did not do justice to Railway Accounts Employees and while implementing the recommendations of 6th Central Pay Commission, Government of India also did not also take any favorable action to remove the injustice done by the pay Commission. The Railway Accounts employees have been consistently requesting the Railway Board to resolve the grievances of the Accounts Employees regarding their pay scale related issues. But the Government of India has created further disparity between the Accounts &Audit cadres and the Cadres in Central Secretariat by upgrading the pay scales of Central Secretariat cadres.
Also, there are various other issues –listed below- that are pending for long with resolution. The employees of Railway Accounts are agitated over the non upgradation of pay scales of Accounts Cadres at par with CSS and also over the inaction on other long pending grievances and observed 11th August’ 2010 as DEMANDS DAY AND HELD LUNCH HOUR DEMONSTRATION BEFORE GM/DRM’S OFFICE.
It is requested that, appropriate action for settlement of all the demands may kindly be taken at an early date.
Thanking you,
Yours Sincerely
Encl: charter of demands
Demands
1. Implement arbitration award by granting higher pay scale notionally w.e.f.
1- 1-1986 and effectively w.e.f 1-1-2006.
2. Grant the following pay sales to different cadres-
Accounts Clerk/Jr. Typist PB-1 with Grade Pay Rs.2800
Jr. Accts Asst./Steno Gr.II/ FPE/Sr.Typist PB-2 with Grade Pay Rs.4200
Accts.Asst./Steno Gr.I/ASV/Sr. FPE/Hd.Typ PB-2 with Grade Pay Rs.4600
SO(A)/TIA/ISA/CFPE/Sr.ASV /CA PB-2 with Grade Pay Rs.4800
Sr. SO(A)/Sr.TIA/Sr.ISA /CA PB-3 with Grade Pay Rs.5400
3. Grant MACP on departmental hierarchy basis on completion of 10 years irrespective of the number of promotions already earned OR Step up pay of Senior Promotees who exhausted ACP in the event of junior drawing more pay and getting ACP in compliance with apex court judgment.
4. Grant one increment and Grade pay of Rs.4800 from the day of passing App.III(IREM) Examination.
5. Grant three increments on passing departmental confirmatory examination.(App.II & IV IREM Exams)
6. Grant Group B Status to SO(A)s/TIAs/ISAs on par with other Audit and Accounts of Central Government.
7. Promote all App. IIA qualified Accounts Clerks as JAAs against DR quota.
8. Promote all Accounts Clerks who have put in 10 years of Service as JAAs.
9. Promote all Staff in Grade Pay 1800 (erstwhile Gr.D) as Accounts Clerks on Seniority basis.
10. Ministry of Railways should treat Railways Accounts as a separate entity and grant
recognition to the representative body of Accounts Employees of Railways i.e. All India
Railway Accounts Staff Association without any delay.
Tuesday, June 15, 2010
CWC MEETING AT GUWAHATI ON 05-07-2010
Dated 9th June , 2010
Dear Comrades,
I hope all of you would have seen the Railway board’s order clarifying that Sr.AAs will get Grade pay of Rs.4800/-. This would also pave the way for II ACP beneficiaries under the previous ACP scheme to get their pay fixed in Grade Pay of Rs.4800/- from 05-04-2007 and their III financial upgradation under MACP will be in Rs. 5400/- on completion of 30 years of service. After a relentless fight for the last two years AIRASA has achieved this. All the beneficiaries may be appraised of this and asked to donate liberally to AIRASA for its ongoing fight for various pending demands.
The next CWC Meeting of AIRASA will be held at MALIGAON, GUWAHATI, NF RAILWAY ON 5th JULY 2010 at 10.00 hrs to discuss the further course of action to be taken on the pending demands and to discuss the outcome of the Patna High Court judgement.
I come to know that some divisions are collecting donations from the Accounts Staff on the request from Sri. Sudama Singh, applicant of the PATNA HIGH COURT CASE for grant of Arrears from 1-1-96 to 18-02-2003. I request them to wait till the above CWC Meeting is over. After discussing the issue in the meeting and passing of Resolutions regarding following up the Case further, instructions will be issued in regard to collection Fund to fight the Case further.
I request all the Central Office Bearers, Permanent invitees, Zonal Presidents and Secretaries to attend the meeting without fail.
As the financial position is still very weak , all possible efforts may be taken to collect and personally remit the Membership contribution to the Central office to the Secretary, Finance in the meeting.
Yours Comradely,
(N. SRINIVASAN)
GENERAL SECRETARY
*
Dear Comrades,
I hope all of you would have seen the Railway board’s order clarifying that Sr.AAs will get Grade pay of Rs.4800/-. This would also pave the way for II ACP beneficiaries under the previous ACP scheme to get their pay fixed in Grade Pay of Rs.4800/- from 05-04-2007 and their III financial upgradation under MACP will be in Rs. 5400/- on completion of 30 years of service. After a relentless fight for the last two years AIRASA has achieved this. All the beneficiaries may be appraised of this and asked to donate liberally to AIRASA for its ongoing fight for various pending demands.
The next CWC Meeting of AIRASA will be held at MALIGAON, GUWAHATI, NF RAILWAY ON 5th JULY 2010 at 10.00 hrs to discuss the further course of action to be taken on the pending demands and to discuss the outcome of the Patna High Court judgement.
I come to know that some divisions are collecting donations from the Accounts Staff on the request from Sri. Sudama Singh, applicant of the PATNA HIGH COURT CASE for grant of Arrears from 1-1-96 to 18-02-2003. I request them to wait till the above CWC Meeting is over. After discussing the issue in the meeting and passing of Resolutions regarding following up the Case further, instructions will be issued in regard to collection Fund to fight the Case further.
I request all the Central Office Bearers, Permanent invitees, Zonal Presidents and Secretaries to attend the meeting without fail.
As the financial position is still very weak , all possible efforts may be taken to collect and personally remit the Membership contribution to the Central office to the Secretary, Finance in the meeting.
Yours Comradely,
(N. SRINIVASAN)
GENERAL SECRETARY
*
latest Reminders to Board
Dated June 11, 2010
Shri. B.N. MAHAPATRA
EXECUTIVE DIRECTOR, ACCOUNTS.
RAIL BHAVAN, NEW DELHI – 110001
Respected Sir,
Sub : Introduction of 5% quota for unqualified Sr.AAs in
Supervisory cadre.
Ref : Railway Board’s letter dated 05-04-2007 and this
Assn’s earlier letters dated 2-05-2007 and 14-06-07,
16-06-09,09-09-09,30-09-09,20-09-09,7-12-09, 2-2-10
12-03-2010 & 28-04-2010.
----------------------
The Railway Board’s letter No. PC V/98/I/II/23(pt) dated 05-04-07 reserving 5% of the posts of SO(A)s to be designated as Sr. Accounts Assistants for promotion of Senior most Accounts Assistants intended to provide promotional opportunities to the thousands of Accounts Assistants stagnated in the same grade for more than 20 years, has indeed benefited around 50 Accounts Assistants only for the entire Indian Railways. The benefit did not reach the Accounts Assistants serving in any of the production units since the 5% of Accounts Assistants worked out to less than 0.5. Now that the posts of Section officer and Sr. Section Officer have been merged consequent on the implementation of VI PC, this Association requests Railway Board
1. to issue necessary orders to calculate the 5% of Sr. AAs on the combined strength of Section officers and Sr. Section officers, as has been done by other Audit and Accounts Organisations and to ensure creation of atleast one Sr.AA post in Production units/ Railways wherever 5% of SO(A) posts works out to less than 0.5.
2. to modify the scheme on par with the 10% unqualified quota available in other organized Accounts and Audit where the beneficiaries are designated as Supervisors.
Thanking you,
Yours sincerely,
(N.SRINIVASAN)
GENERAL SECRETARY
Dated June 11, 2010
SMT. SOWMYA RAGHAVAN
FINANCIAL COMMISSIONER, RAILWAYS
RAIL BHAVAN
NEW DELHI – 110001
Respected Madam,
Sub : Grant of Qualification Incentive for qualifying Appendix
II & Appendix IIIA IREM Examinations.
Ref : This Association’s earlier letters dated 07-09-2009, 30-09-
2009 & 20-11-2009, 05-12-2009, 2-02-2010 & 28-04-2010.
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The quantum of the Qualification Allowance has simply been doubled after the implementation of VI Pay Commission. This Association has already submitted that a special dispensation should be given to Accounts department in this regard considering the tough standards of these Examinations and the stringent conditions attached to it linking it as a qualification to continue in service and for promotions at every stage. Hence it will be a real incentive for those who clear the Appendix II and IIIA Examinations if some increments are granted in place of a meager Qualification Allowance without any additive benefits considering the long period of waiting for their next promotion.
This Association requests grant of Two increments for qualifying Appendix II and Four increments for Qualifying Appendix IIIA whichwill be of some incentive for those who aspire for the promotion to JAA and SO(A) Cadre respectively. Further these incentive increments should be doubled if the qualified staff does not get promoted within Five years. Kindly do the needful.
Thanking You,
Yours sincerely,
(N.SRINIVASAN)
GENERAL SECRETARY
Dated June 11, 2010
SMT. SOWMYA RAGHAVAN
FINANCIAL COMMISSIONER, RAILWAYS
RAIL BHAVAN
NEW DELHI – 110001
Respected Madam,
Sub : Modification in Recruitment Rules for the post of
Assistant Officers in Accounts Department – Para
210 of IREC Vol.1- Request of.
Ref : This Assn’s earlier letters dated 07-09-09 &
30-09-09, 20-11-09, 2-02-10,12-03-2010 &28-04-2010.
--------------
The Sixth CPC has grouped all the Accounts and Audit organizations of Central Government as Organized Accounts and Audit and has recommended uniform of Pay structure. Already these organizations are having uniform cadre structure also. Thus everything is uniform for the organized Accounts and Audit except the group B classification for Section Officers and Recruitment Rules for Assistant Officers in Accounts department. Copies of the Recruitment Rules for Assistant Officers in C&AG Offices and Controller General of Accounts under Ministry of Finance which provides promotion on seniority basis to the post of Accounts Officers are enclosed. The Recruitment Rules of Assistant Officers in Postal and Defence Accounts organization are also on the same lines.
Hence, kindly modify the Recruitment Rules of the Assistant Officers in Accounts department of Railways also on the same lines and oblige.
Thanking You,
Yours sincerely,
(N.SRINIVASAN)
GENERAL SECRETARY
Dated June 11, 2010
Shri. SAMAR JHA
ADDITIONAL MEMBER, FINANCE
RAIL BHAVAN, NEW DELHI – 110001
Respected Sir,
Sub :- Avenue of Promotion to App.IIIA passed candidates – TIA &
ISA Group.
Ref :- This Association’s earlier letters dated 06-02- 2006,12-05- 2006
10-10-2006, 19-12-2006, 22-01-2007, 19-03-2007, 02-05-2007
02-09-2007, 06-11-07, 18-12-2007,28-2-2008, 24-06-2008, 15-
10-2008 &15-12-2008, 12-03-2009, 16- 6-2009,09-09-2009, 30-
09-2009 ,5-12-2009,2-02-2010 12-03-2010 & 28-4-2010.
--------------
Railway Board’s orders dated 30-11-2006 restructured the Supervisor and supervised ratio as 1 : 3 for SO(A) cadre alone. This had created an anomalous situation wherein the seniors who qualified TIA and ISA Group more than 16 years ago are still remaining as Accounts Assistants whereas their juniors are promoted as SO(A)s.
In this connection, this Association placed many suggestions vide letters cited above for creation of additional posts of TIAs and ISAs as done during 1981 when a similar situation prevailed. Though Railway board has left the issue of creation of additional posts to Zonal Railways, Zonal Railways have not come forward to create additional posts for want of matching surrender posts.
As the TIA/ISA group qualified staff are suffering the ignominy for more than 16 long years, this Association requests Railway Board to consider upgradation of the posts of AAs who have qualified App. IIIA ( TIA & ISA group ) and waiting for promotion temporarily as TIA/ISA and the same may be down graded as and when vacancies in TIA & ISA cadre arises /additional posts are created in future. The financial implication will be very less and temporary under this scheme.” This practice of giving adhoc promotions is already in vogue in CAG’s Offices for SAS qualified candidates AND RECENTLY C&AG HAS CONVERTED NEARLY 2000 ADHOC SO POSTS AS REGULAR POSTS. (Copy enclosed)
Please consider this proposal and arrange for issue of necessary orders.
Thanking you, Yours sincerely,
(N.SRINIVASAN)
Dated 11th June 2010
SHRI PRANAB MUKHERJEE,
HON’BLE FINANCE MINISTER OF INDIA,
NORTH BLOCK, NEW DELHI - 110001.
Respected Sir,
Sub : Implementation of Board of Arbitration Award.
Ref : This Association’s earlier letter dated 13-02-2010 & 12-03-
2010.
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The Audit and Accounts personnel belonging to Indian Audit & Accounts Department and other Organised Accounts Departments remember with gratitude your tenure as Finance Minister of India in Smt. Indira Gandhi’s Government in 1983 when you had addressed to the long pending grievance of Audit and Accounts Employees of IA&AD by grant of higher pay scale to the Senior Auditors at par with Assistants of Central Secretariat. In 1983, Shri Ashok Vajpayee, Congress leader of U.P. took initiative to arrange for a meeting of representatives of Staff side of IA&AD with you. As decided by you, the higher pay scale to Senior Auditors was granted w.e.f. 1.3.1984. As a result, the Fourth Central Pay Commission recommended same pay scales to Senior Auditors, Senior Accountants, Accounts Assistants and the Assistants of CSS which were accepted by the Government in 1987 by giving effect of the benefit to others from 1. 1. 1986 and in case of Senior Accountants from 1. 4. 1987. The Accounts Employees of Organised Accounts Departments under Union Government were also granted the same pay scale in accordance with the recommendation of the Fourth CPC and accepted by the Government.
However, the Government took an arbitrary decision in 1990 to upgrade the pay scale of Assistants of Central Secretariat with retrospective effect from 1.1.1986. This benefit was not extended to the Senior Auditors and Senior Accountants and created anomaly. Since then we have been insisting the successive governments to rectify the anomaly. Some employees of Audit offices in Assam and Himachal Pradesh knocked the door of Central Administrative Tribunals and won the cases. In Jabalpur, the Defence accounts employees went to CAT and won the case.
In each of these cases the Government appealed to respective High Court Benches and lost the cases. The Union Government filed SLP in Supreme Court and lost the case in case of Defence Accounts Employees of Jabalpur. In the other SLP against decisions of Guwahati and Shimla bench of High Courts, the Apex Court has upheld the SLP not on merit but left the matter to the Government to decide because the Government had mentioned that implementation of Award given by the Central Board of Arbitration is under negotiation with the Staff Side. An anomalous situation has arisen as two different decisions of the two different benches of Apex Court has resulted in extension of parity to Defence Accounts employees and denying the same to Audit employees of Assam and Shimla by two judges Bench. In case of Defence Accounts Employees of Jabalpur, the decision was given by three judges Bench and the other decision was given by two judges’ bench.
Incidentally it may be mentioned that the matter was referred to the JCM (NC) as an agenda in 1992 in which Government de -linked the Senior Auditors from the agenda and only it was pending for the Senior Accountants and Accounts Assistants of the Railway Accounts. It lingered for a long and after recording of disagreement in JCM (N.C.) the matter was referred to the Central Board of Arbitration. The Central Board of Arbitration has given an award with unanimous decision to grant higher pay scale to Senior Auditors and Senior Accountants including the Accounts Assistants of Railway Accounts with notional benefit from 1. 1. 1986 & 1.1.1996 and actual benefit from 12 11. 2001 (being the date for referring the matter to the Board).
Sir, as Hon’ble Finance Minister, Dr. Man Mohan Singh took a decision to grant higher pay scale to Senior Auditors and Senior Accountants when he was Finance minister and accordingly the Guwahati High Court was informed by the then Accountant General Mrs. A.L.Ganapati by filing an affidavit. Dr. Man Mohan Singh could not implement his decision as election code of conduct came in the way. Congress lost in the election and his decision could not be implemented. The next Government reversed his decision and informed the High Court accordingly. As leader of the opposition in Rajya Sabha, Dr. Man Mohan Singh recommended our case to Shri Yashwant Sinha, Finance Minister of NDA Government.
In 2003, the NDA Government took a decision to grant higher pay scale to Senior Auditors, Senior Accountants and Accounts Assistants of Railway Accounts notionally from 1. 1. 1996 and effective from 19. 2. 2003. The decision taken by the NDA Government has caused anomaly as direct pay fixation from pay scale of Rs.1400-2600 to Rs. 5500-9000 was not possible as pre revised scale of Rs.5500-9000 was Rs.1640-2900. There was no nexus between Rs.1400-2600 and Rs.5500-9000.
PRAYER
We therefore request you to kindly look into the grievance of the Audit and Accounts employees and remove the discrimination meted out to the Senior Auditors/Senior Accountants/ Accounts Assistants by implementing the Board of Arbitration Award granting upgraded pay scale of Rs. 1640-2900 from 1.1.1986 and Rs. 5500 from 1. 1. 1996. Regarding payment of arrears we are open for any negotiated settlement which may be beneficial to both the sides so that the anomaly may once again be removed for ever.
Thanking you,
Yours sincerely,
(N. SRINIVASAN)
Dated June 11’ 2010
Shri. Basudeb Acharya,
Hon’ble Member of Parliament,
New Delhi.
Respected Sir,
Sub : Anomalies in MACP Scheme for Central Govt.
Employees.
Ref : This Assn’s earlier letter dated 28-04-2010.
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The Modified Assured Carrier Progression (MACP) scheme of 6th Central Pay Commission implementation has the following features.
• Every Employee will get atleast 3 Financial upgradations in their service.
• Financial Up gradation is ensured to be given on completion of 10th , 20th , 30th year.
• Also financial upgradation will be considered if an employee stagnates for more than 10 years in a particular grade.
The above scheme, instead of proving to be beneficiary, has ironically created severe Heart burns amongst the Railway Accounts employees in view of the following:
1. This scheme does not fit in to the Accounts department where promotions are based on passing stringent qualifying Examinations and not on Seniority basis.
2. Railway Accounts department has more than one way / channel of recruitment in that lateral induction (Junior Accounts Assistant)is also encouraged while promotional avenues for the same post from the lower grade(Accounts Clerk) is available
3. An Accounts Clerk (in the initial recruitment grade) can skip two promotional Grades in hierarchy i.e Junior Accounts Assistant and Accounts Assistant and directly become a Section officer (Accounts) after qualifying the Appendix III (IREM) Examination conducted by Railway Board.
4. A Panel Seniority is being allotted on qualifying the Examination in the order of hierarchy of the post held by the Candidates qualified in the Examination and that Seniority position is reckoned for further promotions.
5. Under the MACP Scheme those Section officers who were directly recruited as Junior Accounts Assistants and those who were directly promoted from Accounts Clerk and Junior Accounts Assistant Grade have got the benefit of 3rd Financial upgradation under MACP and are placed in the next higher Grade Pay of Rs.5400/- despite being Juniors in the Panel Seniority while the Senior most Section Officers who are promoted to the grade as early as 1982 and stagnating in the Grade for 28 long years have not been given the benefit simply on the ground that hey had already earned three promotions.
6. The prohibition of stepping up of the pay of Seniors to that of their Juniors in the MACP is the root cause for their heart burns.
7. Worse of all, a directly recruited Jr. Accounts Asst who works under a Senior Section Officer also has been allotted the Grade Pay of Rs. 4800/- and Rs. 5400/- in the ACP and MACP schemes on completion of 24th and 30th year of service respectively while his Supervisor will languish by stagnating at the Grade Pay of Rs, 4800/- as he has got 3 regular promotions. In spite of their passing tough Departmental Examinations, such Section Officers will either draw the same Grade Pay of their Subordinate or less than the Grade Pay of his / her Subordinate. If a subordinate is placed in a higher Grade than the Supervisor what control can the supervisor exercise over his subordinate and what command he will have over him?.
A comparative analysis of the discriminatory nature of MACP scheme is enclosed from which the grave injustice heaped on the Sr. Supervisors can be seen.
Such an aggrieved position is not obtaining in any other department of Railways / other Central Government Departments in view of the continuous professional examinations (Training Exams, Appendix II, Appendix III) taken for their promotions instead of getting the elevation purely on seniority basis by other Railway Departments / Government Departments.
To set right this anomalous situation, this Association has already requested the Hon’ble Minister of Railways and Hon’ble Minister for DOPT to consider grant Grade Pay of Rs. 5400/- to all the Sr. Section Officers once they complete 4 years of service in the Section Officer grade. This scheme is available to the staff of many other Departments.
Your kind self is requested to urge the Railway Minister to favorably consider the above proposal and help the Seniormost employees to get their genuine grievance redressed.
Thanking you,
Yours Sincerely,
(N.SRINIVASAN)
General Secretary
Dated June 11, 2010
SMT. SOWMYA RAGHAVAN
FINANCIAL COMMISSIONER, RAILWAYS
RAIL BHAVAN,NEW DELHI – 110001
Respected Madam,
Sub: Anomaly in MACP - in cases of own/mutual
transfer on lower Grade to another division/unit
of same railway.
Ref: 1. Rly Bd. Lr no: PC-V/2009/ACP/2 dt 10/06/09. (RBE101/2009).
2. This Association’s earlier letter dated 28-04-2010.
---------------
The employees who are transferred on mutual/own request basis on lower grade from one division/unit to another division/unit of the different seniority unit within the same Railway on lower/initial grade and subsequently they are again promoted have not been given the benefit of MACP in terms of para 24 of Annex of letter no. PC V/2009/ACP/II DT. 11.6.09. For example an employee appointed as JAA and after getting his AA promotion, he has been transferred on own request to another division/unit of the different seniority unit within the same Railway as JAA. In the new division/unit he again gets promoted as AA and S.O(A/Cs). In these cases Railways are counting his promotion of AA twice ( i.e. one of parent office & second of new office.)and are rejecting 3rd ACP.
In this regard it is stated that it is incorrect to count the promotion as AA twice. Further it is also pointed out that in some of the Zonal Railways there is Zonal seniority and in others division-wise seniority. In such cases if one employee joined as JAA in Central Railway and on completion of three years he was promoted as AA and transferred to other division, he doesn’t loses his 3rd ACP, whereas in case of another employee who joined in Western Railway as JAA and after getting AA’s promotion he seeks own request transfer to other division he is reverted on lower grade as JAA and takes his promotion based on the new seniority. In both the above cases being recruited through same RRB but posted in different Railways one gets 3rd MACPS benefit and another not. This Association requests your kindself to look into this anomaly and take suitable action to modify the rule under Para 24 of MACP Circular so that they are treated atleast on par with their juniors in the new Unit/Organisation.
Thanking you,
Yours sincerely,
(N.SRINIVASAN)
General Secretary
Dated June 11, 2010
SMT. SOWMYA RAGHAVAN
FINANCIAL COMMISSIONER, RAILWAYS
RAIL BHAVAN,NEW DELHI – 110001
Respected Madam,
Sub : Restructuring of Accounts cadres.
----------------
We understand that Cadre Restructuring Committee has been formed by Railway Board to restructure the percentage of various cadres in all the departments of Railways. As regards Accounts department we would like to present the following for your favourable consideration.
The Accounts Clerks are stagnated in the Cadre for more than 10 years for want of vacancies in JAA cadre. Hence it is requested for a change in the 80 : 20 pattern of Direct Recruitment Vs Promotions as 20 : 80 since virtually there are no direct recruitments.
Similarly the ratio of ASVs : Sr. ASVs may be modified from the present 65 : 35 to 20 : 80 as large number of posts are in work charged posts under Sales Organisation which varies from year to year. At present virtually only 10 % are in ASV cadre.
Thanking you,
Yours sincerely,
(N.SRINIVASAN)
GENERAL SECRETARY
Shri. B.N. MAHAPATRA
EXECUTIVE DIRECTOR, ACCOUNTS.
RAIL BHAVAN, NEW DELHI – 110001
Respected Sir,
Sub : Introduction of 5% quota for unqualified Sr.AAs in
Supervisory cadre.
Ref : Railway Board’s letter dated 05-04-2007 and this
Assn’s earlier letters dated 2-05-2007 and 14-06-07,
16-06-09,09-09-09,30-09-09,20-09-09,7-12-09, 2-2-10
12-03-2010 & 28-04-2010.
----------------------
The Railway Board’s letter No. PC V/98/I/II/23(pt) dated 05-04-07 reserving 5% of the posts of SO(A)s to be designated as Sr. Accounts Assistants for promotion of Senior most Accounts Assistants intended to provide promotional opportunities to the thousands of Accounts Assistants stagnated in the same grade for more than 20 years, has indeed benefited around 50 Accounts Assistants only for the entire Indian Railways. The benefit did not reach the Accounts Assistants serving in any of the production units since the 5% of Accounts Assistants worked out to less than 0.5. Now that the posts of Section officer and Sr. Section Officer have been merged consequent on the implementation of VI PC, this Association requests Railway Board
1. to issue necessary orders to calculate the 5% of Sr. AAs on the combined strength of Section officers and Sr. Section officers, as has been done by other Audit and Accounts Organisations and to ensure creation of atleast one Sr.AA post in Production units/ Railways wherever 5% of SO(A) posts works out to less than 0.5.
2. to modify the scheme on par with the 10% unqualified quota available in other organized Accounts and Audit where the beneficiaries are designated as Supervisors.
Thanking you,
Yours sincerely,
(N.SRINIVASAN)
GENERAL SECRETARY
Dated June 11, 2010
SMT. SOWMYA RAGHAVAN
FINANCIAL COMMISSIONER, RAILWAYS
RAIL BHAVAN
NEW DELHI – 110001
Respected Madam,
Sub : Grant of Qualification Incentive for qualifying Appendix
II & Appendix IIIA IREM Examinations.
Ref : This Association’s earlier letters dated 07-09-2009, 30-09-
2009 & 20-11-2009, 05-12-2009, 2-02-2010 & 28-04-2010.
-----------
The quantum of the Qualification Allowance has simply been doubled after the implementation of VI Pay Commission. This Association has already submitted that a special dispensation should be given to Accounts department in this regard considering the tough standards of these Examinations and the stringent conditions attached to it linking it as a qualification to continue in service and for promotions at every stage. Hence it will be a real incentive for those who clear the Appendix II and IIIA Examinations if some increments are granted in place of a meager Qualification Allowance without any additive benefits considering the long period of waiting for their next promotion.
This Association requests grant of Two increments for qualifying Appendix II and Four increments for Qualifying Appendix IIIA whichwill be of some incentive for those who aspire for the promotion to JAA and SO(A) Cadre respectively. Further these incentive increments should be doubled if the qualified staff does not get promoted within Five years. Kindly do the needful.
Thanking You,
Yours sincerely,
(N.SRINIVASAN)
GENERAL SECRETARY
Dated June 11, 2010
SMT. SOWMYA RAGHAVAN
FINANCIAL COMMISSIONER, RAILWAYS
RAIL BHAVAN
NEW DELHI – 110001
Respected Madam,
Sub : Modification in Recruitment Rules for the post of
Assistant Officers in Accounts Department – Para
210 of IREC Vol.1- Request of.
Ref : This Assn’s earlier letters dated 07-09-09 &
30-09-09, 20-11-09, 2-02-10,12-03-2010 &28-04-2010.
--------------
The Sixth CPC has grouped all the Accounts and Audit organizations of Central Government as Organized Accounts and Audit and has recommended uniform of Pay structure. Already these organizations are having uniform cadre structure also. Thus everything is uniform for the organized Accounts and Audit except the group B classification for Section Officers and Recruitment Rules for Assistant Officers in Accounts department. Copies of the Recruitment Rules for Assistant Officers in C&AG Offices and Controller General of Accounts under Ministry of Finance which provides promotion on seniority basis to the post of Accounts Officers are enclosed. The Recruitment Rules of Assistant Officers in Postal and Defence Accounts organization are also on the same lines.
Hence, kindly modify the Recruitment Rules of the Assistant Officers in Accounts department of Railways also on the same lines and oblige.
Thanking You,
Yours sincerely,
(N.SRINIVASAN)
GENERAL SECRETARY
Dated June 11, 2010
Shri. SAMAR JHA
ADDITIONAL MEMBER, FINANCE
RAIL BHAVAN, NEW DELHI – 110001
Respected Sir,
Sub :- Avenue of Promotion to App.IIIA passed candidates – TIA &
ISA Group.
Ref :- This Association’s earlier letters dated 06-02- 2006,12-05- 2006
10-10-2006, 19-12-2006, 22-01-2007, 19-03-2007, 02-05-2007
02-09-2007, 06-11-07, 18-12-2007,28-2-2008, 24-06-2008, 15-
10-2008 &15-12-2008, 12-03-2009, 16- 6-2009,09-09-2009, 30-
09-2009 ,5-12-2009,2-02-2010 12-03-2010 & 28-4-2010.
--------------
Railway Board’s orders dated 30-11-2006 restructured the Supervisor and supervised ratio as 1 : 3 for SO(A) cadre alone. This had created an anomalous situation wherein the seniors who qualified TIA and ISA Group more than 16 years ago are still remaining as Accounts Assistants whereas their juniors are promoted as SO(A)s.
In this connection, this Association placed many suggestions vide letters cited above for creation of additional posts of TIAs and ISAs as done during 1981 when a similar situation prevailed. Though Railway board has left the issue of creation of additional posts to Zonal Railways, Zonal Railways have not come forward to create additional posts for want of matching surrender posts.
As the TIA/ISA group qualified staff are suffering the ignominy for more than 16 long years, this Association requests Railway Board to consider upgradation of the posts of AAs who have qualified App. IIIA ( TIA & ISA group ) and waiting for promotion temporarily as TIA/ISA and the same may be down graded as and when vacancies in TIA & ISA cadre arises /additional posts are created in future. The financial implication will be very less and temporary under this scheme.” This practice of giving adhoc promotions is already in vogue in CAG’s Offices for SAS qualified candidates AND RECENTLY C&AG HAS CONVERTED NEARLY 2000 ADHOC SO POSTS AS REGULAR POSTS. (Copy enclosed)
Please consider this proposal and arrange for issue of necessary orders.
Thanking you, Yours sincerely,
(N.SRINIVASAN)
Dated 11th June 2010
SHRI PRANAB MUKHERJEE,
HON’BLE FINANCE MINISTER OF INDIA,
NORTH BLOCK, NEW DELHI - 110001.
Respected Sir,
Sub : Implementation of Board of Arbitration Award.
Ref : This Association’s earlier letter dated 13-02-2010 & 12-03-
2010.
-------------
The Audit and Accounts personnel belonging to Indian Audit & Accounts Department and other Organised Accounts Departments remember with gratitude your tenure as Finance Minister of India in Smt. Indira Gandhi’s Government in 1983 when you had addressed to the long pending grievance of Audit and Accounts Employees of IA&AD by grant of higher pay scale to the Senior Auditors at par with Assistants of Central Secretariat. In 1983, Shri Ashok Vajpayee, Congress leader of U.P. took initiative to arrange for a meeting of representatives of Staff side of IA&AD with you. As decided by you, the higher pay scale to Senior Auditors was granted w.e.f. 1.3.1984. As a result, the Fourth Central Pay Commission recommended same pay scales to Senior Auditors, Senior Accountants, Accounts Assistants and the Assistants of CSS which were accepted by the Government in 1987 by giving effect of the benefit to others from 1. 1. 1986 and in case of Senior Accountants from 1. 4. 1987. The Accounts Employees of Organised Accounts Departments under Union Government were also granted the same pay scale in accordance with the recommendation of the Fourth CPC and accepted by the Government.
However, the Government took an arbitrary decision in 1990 to upgrade the pay scale of Assistants of Central Secretariat with retrospective effect from 1.1.1986. This benefit was not extended to the Senior Auditors and Senior Accountants and created anomaly. Since then we have been insisting the successive governments to rectify the anomaly. Some employees of Audit offices in Assam and Himachal Pradesh knocked the door of Central Administrative Tribunals and won the cases. In Jabalpur, the Defence accounts employees went to CAT and won the case.
In each of these cases the Government appealed to respective High Court Benches and lost the cases. The Union Government filed SLP in Supreme Court and lost the case in case of Defence Accounts Employees of Jabalpur. In the other SLP against decisions of Guwahati and Shimla bench of High Courts, the Apex Court has upheld the SLP not on merit but left the matter to the Government to decide because the Government had mentioned that implementation of Award given by the Central Board of Arbitration is under negotiation with the Staff Side. An anomalous situation has arisen as two different decisions of the two different benches of Apex Court has resulted in extension of parity to Defence Accounts employees and denying the same to Audit employees of Assam and Shimla by two judges Bench. In case of Defence Accounts Employees of Jabalpur, the decision was given by three judges Bench and the other decision was given by two judges’ bench.
Incidentally it may be mentioned that the matter was referred to the JCM (NC) as an agenda in 1992 in which Government de -linked the Senior Auditors from the agenda and only it was pending for the Senior Accountants and Accounts Assistants of the Railway Accounts. It lingered for a long and after recording of disagreement in JCM (N.C.) the matter was referred to the Central Board of Arbitration. The Central Board of Arbitration has given an award with unanimous decision to grant higher pay scale to Senior Auditors and Senior Accountants including the Accounts Assistants of Railway Accounts with notional benefit from 1. 1. 1986 & 1.1.1996 and actual benefit from 12 11. 2001 (being the date for referring the matter to the Board).
Sir, as Hon’ble Finance Minister, Dr. Man Mohan Singh took a decision to grant higher pay scale to Senior Auditors and Senior Accountants when he was Finance minister and accordingly the Guwahati High Court was informed by the then Accountant General Mrs. A.L.Ganapati by filing an affidavit. Dr. Man Mohan Singh could not implement his decision as election code of conduct came in the way. Congress lost in the election and his decision could not be implemented. The next Government reversed his decision and informed the High Court accordingly. As leader of the opposition in Rajya Sabha, Dr. Man Mohan Singh recommended our case to Shri Yashwant Sinha, Finance Minister of NDA Government.
In 2003, the NDA Government took a decision to grant higher pay scale to Senior Auditors, Senior Accountants and Accounts Assistants of Railway Accounts notionally from 1. 1. 1996 and effective from 19. 2. 2003. The decision taken by the NDA Government has caused anomaly as direct pay fixation from pay scale of Rs.1400-2600 to Rs. 5500-9000 was not possible as pre revised scale of Rs.5500-9000 was Rs.1640-2900. There was no nexus between Rs.1400-2600 and Rs.5500-9000.
PRAYER
We therefore request you to kindly look into the grievance of the Audit and Accounts employees and remove the discrimination meted out to the Senior Auditors/Senior Accountants/ Accounts Assistants by implementing the Board of Arbitration Award granting upgraded pay scale of Rs. 1640-2900 from 1.1.1986 and Rs. 5500 from 1. 1. 1996. Regarding payment of arrears we are open for any negotiated settlement which may be beneficial to both the sides so that the anomaly may once again be removed for ever.
Thanking you,
Yours sincerely,
(N. SRINIVASAN)
Dated June 11’ 2010
Shri. Basudeb Acharya,
Hon’ble Member of Parliament,
New Delhi.
Respected Sir,
Sub : Anomalies in MACP Scheme for Central Govt.
Employees.
Ref : This Assn’s earlier letter dated 28-04-2010.
-------------
The Modified Assured Carrier Progression (MACP) scheme of 6th Central Pay Commission implementation has the following features.
• Every Employee will get atleast 3 Financial upgradations in their service.
• Financial Up gradation is ensured to be given on completion of 10th , 20th , 30th year.
• Also financial upgradation will be considered if an employee stagnates for more than 10 years in a particular grade.
The above scheme, instead of proving to be beneficiary, has ironically created severe Heart burns amongst the Railway Accounts employees in view of the following:
1. This scheme does not fit in to the Accounts department where promotions are based on passing stringent qualifying Examinations and not on Seniority basis.
2. Railway Accounts department has more than one way / channel of recruitment in that lateral induction (Junior Accounts Assistant)is also encouraged while promotional avenues for the same post from the lower grade(Accounts Clerk) is available
3. An Accounts Clerk (in the initial recruitment grade) can skip two promotional Grades in hierarchy i.e Junior Accounts Assistant and Accounts Assistant and directly become a Section officer (Accounts) after qualifying the Appendix III (IREM) Examination conducted by Railway Board.
4. A Panel Seniority is being allotted on qualifying the Examination in the order of hierarchy of the post held by the Candidates qualified in the Examination and that Seniority position is reckoned for further promotions.
5. Under the MACP Scheme those Section officers who were directly recruited as Junior Accounts Assistants and those who were directly promoted from Accounts Clerk and Junior Accounts Assistant Grade have got the benefit of 3rd Financial upgradation under MACP and are placed in the next higher Grade Pay of Rs.5400/- despite being Juniors in the Panel Seniority while the Senior most Section Officers who are promoted to the grade as early as 1982 and stagnating in the Grade for 28 long years have not been given the benefit simply on the ground that hey had already earned three promotions.
6. The prohibition of stepping up of the pay of Seniors to that of their Juniors in the MACP is the root cause for their heart burns.
7. Worse of all, a directly recruited Jr. Accounts Asst who works under a Senior Section Officer also has been allotted the Grade Pay of Rs. 4800/- and Rs. 5400/- in the ACP and MACP schemes on completion of 24th and 30th year of service respectively while his Supervisor will languish by stagnating at the Grade Pay of Rs, 4800/- as he has got 3 regular promotions. In spite of their passing tough Departmental Examinations, such Section Officers will either draw the same Grade Pay of their Subordinate or less than the Grade Pay of his / her Subordinate. If a subordinate is placed in a higher Grade than the Supervisor what control can the supervisor exercise over his subordinate and what command he will have over him?.
A comparative analysis of the discriminatory nature of MACP scheme is enclosed from which the grave injustice heaped on the Sr. Supervisors can be seen.
Such an aggrieved position is not obtaining in any other department of Railways / other Central Government Departments in view of the continuous professional examinations (Training Exams, Appendix II, Appendix III) taken for their promotions instead of getting the elevation purely on seniority basis by other Railway Departments / Government Departments.
To set right this anomalous situation, this Association has already requested the Hon’ble Minister of Railways and Hon’ble Minister for DOPT to consider grant Grade Pay of Rs. 5400/- to all the Sr. Section Officers once they complete 4 years of service in the Section Officer grade. This scheme is available to the staff of many other Departments.
Your kind self is requested to urge the Railway Minister to favorably consider the above proposal and help the Seniormost employees to get their genuine grievance redressed.
Thanking you,
Yours Sincerely,
(N.SRINIVASAN)
General Secretary
Dated June 11, 2010
SMT. SOWMYA RAGHAVAN
FINANCIAL COMMISSIONER, RAILWAYS
RAIL BHAVAN,NEW DELHI – 110001
Respected Madam,
Sub: Anomaly in MACP - in cases of own/mutual
transfer on lower Grade to another division/unit
of same railway.
Ref: 1. Rly Bd. Lr no: PC-V/2009/ACP/2 dt 10/06/09. (RBE101/2009).
2. This Association’s earlier letter dated 28-04-2010.
---------------
The employees who are transferred on mutual/own request basis on lower grade from one division/unit to another division/unit of the different seniority unit within the same Railway on lower/initial grade and subsequently they are again promoted have not been given the benefit of MACP in terms of para 24 of Annex of letter no. PC V/2009/ACP/II DT. 11.6.09. For example an employee appointed as JAA and after getting his AA promotion, he has been transferred on own request to another division/unit of the different seniority unit within the same Railway as JAA. In the new division/unit he again gets promoted as AA and S.O(A/Cs). In these cases Railways are counting his promotion of AA twice ( i.e. one of parent office & second of new office.)and are rejecting 3rd ACP.
In this regard it is stated that it is incorrect to count the promotion as AA twice. Further it is also pointed out that in some of the Zonal Railways there is Zonal seniority and in others division-wise seniority. In such cases if one employee joined as JAA in Central Railway and on completion of three years he was promoted as AA and transferred to other division, he doesn’t loses his 3rd ACP, whereas in case of another employee who joined in Western Railway as JAA and after getting AA’s promotion he seeks own request transfer to other division he is reverted on lower grade as JAA and takes his promotion based on the new seniority. In both the above cases being recruited through same RRB but posted in different Railways one gets 3rd MACPS benefit and another not. This Association requests your kindself to look into this anomaly and take suitable action to modify the rule under Para 24 of MACP Circular so that they are treated atleast on par with their juniors in the new Unit/Organisation.
Thanking you,
Yours sincerely,
(N.SRINIVASAN)
General Secretary
Dated June 11, 2010
SMT. SOWMYA RAGHAVAN
FINANCIAL COMMISSIONER, RAILWAYS
RAIL BHAVAN,NEW DELHI – 110001
Respected Madam,
Sub : Restructuring of Accounts cadres.
----------------
We understand that Cadre Restructuring Committee has been formed by Railway Board to restructure the percentage of various cadres in all the departments of Railways. As regards Accounts department we would like to present the following for your favourable consideration.
The Accounts Clerks are stagnated in the Cadre for more than 10 years for want of vacancies in JAA cadre. Hence it is requested for a change in the 80 : 20 pattern of Direct Recruitment Vs Promotions as 20 : 80 since virtually there are no direct recruitments.
Similarly the ratio of ASVs : Sr. ASVs may be modified from the present 65 : 35 to 20 : 80 as large number of posts are in work charged posts under Sales Organisation which varies from year to year. At present virtually only 10 % are in ASV cadre.
Thanking you,
Yours sincerely,
(N.SRINIVASAN)
GENERAL SECRETARY
Monday, May 10, 2010
PATNA HIGH COURT JUDGEMENT ON PAYMENT OF ARREARS FROM 1-1-96 TO 18-02-2003
CIVIL WRIT JURISDICTION CASE No.11452 OF 2005
1. SUDAMA SINGH, SON OF LATE TULSI SINGH, RESIDENT OF RAILWAY
HUNDER ROAD, EAST LOHANIPUR, P.S.- KADAM KUAN, AND DISTRICT-
PATNA.
2. DINDAYAL PANDIT, SON OF SRI RAMCHANDRA PANDIT, RESIDENT OF
VILLAGE NATHOPUR, P.S.- PARSA BAZAR, P.O.- KURTHAUL, DISTRICT-
PATNA.
3. NAGENDRA PRASAD SINGH, SON OF LATE R.B. SINGH, RESIDENT OF
VILLAGE CHHOTI BADALPURA, P.O.- KHAGAUL, P.S.- DANAPUR,
DISTRICT- PATNA.
4. BIRENDRA KUMAR YADAV, SON OF SRI JAGDEO PD. YADAV, RESIDENT
OF MOHALLA KHAJE KALAN, SABJI MANDI, PATNA CITY, P.S.-
KHAJEKALAN, DISTRICT- PATNA.
5. MADHUR KUMAR RAI, SON OF SRI HULAL RAI, RESIDENT OF VILLAGE
SHAHPUR DIARA, P.O.- AND P.S.- SONEPUR, DISTRICT- SARAN
(CHAPRA).
6. BRIJ MOHAN PRASAD MEHTA, SON OF SRI SHIVA BALAK PRASAD,
RESIDENT OF MOHALLA NEHRU TOLA, P.S.- BEGAMPUR, P.S.- CHOWK,
PATNA CITY, DISTRICT- KPATNA.
---------------------------petitioners
Versus
1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF
RAILWAYS, RAIL BHAWAN, NEW DELHI.
2. THE RAILWAY BOARD THROUGH ITS CHAIRMAN, RAIL BHAWAN, NEW
DELHI.
3. THE CHAIRMAN, RAILWAY BOARD, RAIL BHAWAN, NEW DELHI.
4. THE DEPUTY DIRECTOR, PAY COMMISSION-V-RAILWAY BOARD, RAIL
BHAWAN, NEW DELHI.
5. THE FINANCIAL COMMISSIONER, RAILWAYS, RAILWAY BOARD, RAIL
BHAWAN, NEW DELHI.
6. THE GENERAL MANAGER, EAST RAILWAY, CALCUTTA.
7. THE CHIEF PERSONNEL OFFICER, EASTERN RAILWAY, CALCUTTA.
8. THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR (BIHAR).
9. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, EAST
CENTRAL; RAILWAY, HAJIPUR (BIHAR).
10. THE CHIEF PERSONNEL OFFICER, EAST CENTRAL RAILWAY HAJIPUR
(BIHAR).
11. THE DIVISIONAL MANAGER, DANAPUR DIVISION, EAST CENTRAL
RAILWAY, DANAPUR, DISTRICT- PATNA.
12. THE SENIOR DIVISIONAL PERSONNEL OFFICER, DANAPUR DIVISION,
EAST CENTRAL RAILWAY, DANAPUR, DISTRICT- PATNA.
13. THE CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH PATNA,
THROUGH ITS REGISTRAR.
-----------------------------------Respondents
For The Petitioners :M/s Pushkar Narain Shahi,
Ravi Kumar, Sanjeet Kumar Singh.
For The Respondents :Mr. Shabbir Ahmad, Advocate
P R E S E N T
THE HON'BLE MR. JUSTICE S.K.KATRIAR
THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL
S.K. Katriar, J.
This writ petition is directed against the order dated 30.06.2005(Annexure-13), passed by the Central Administrative Tribunal, Patna Bench, in O.A no. 925 of 2003 (Sudama Singh & Ors versus The Union of India & Ors), whereby the original application preferred by the present petitioners have been rejected, and the decision of the respondent authorities granting higher pay-scales to the category of the employees of the petitioners on notional basis, has been upheld.
2. A brief statement of facts essential for the disposal of the writ petition may be indicated. The recommendations of the Vth Pay Commission constituted by the Union of India were enforced w.e.f. 1.1.1996. The Indian Railways adopted the report of the Pay Commission by framing the Railway Services (Revised Pay Rules), 1997, in terms of Article 309 of the Constitution of India marked Annexure-1. After the recommendations of the Vth Pay Commission were enforced, anomalies were pointed out with respect to the recommendations so implemented. The Indian Railways considered the same, and issued orders rectifying the anomalies. In so far as the grant of appropriate pay-scales to the category of Accounts Establishment is concerned, to which the petitioners belong, the Ministry of Railways issued notification dated 7.3.2003 (Annexure-3), giving appropriate pay-scales to
the employees of this category. The supplementary notification dated 16.6.2004 (Annexure-9), deals with the post-retirement benefits admissible to this category of employees. The petitioners complain about the following clause of Annexure-3, whereby notional benefits were given to the petitioners:
“ The above revised pay scales have been granted on notional basis with effect from 01.01.96 and actual payment prospectively from the date of approval of Cabinet i.e. 19.02.2003.” The same was challenged by preferring the original application before the Tribunal, praying therein that they should have been given the actual money benefits w.e.f. 1.1.1996, the date on which the recommendations of the Vth Pay Commission were enforced, rather than giving the benefit notionally. The original applicants also raised the issue of discriminatory treatment. The same has been rejected by the impugned order, inter alia, on the ground that the petitioners have not been given discriminatory
treatment.
3. We have perused the materials on record, and considered the submissions of learned counsel for the parties. The petitioners are obviously aggrieved by the aforesaid notification dated 7.3.2003 (Annexure-3), and the consequential notification dated 16.6.2004 (Annexure-9), dealing with post-retirement benefits, whereby the benefit of higher pay-scale has not been given effect retrospectively, but on notional basis. As stated hereinabove, the Annexures- 3 and 9 applied to the employees of the Accounts Establishment of the Indian Railways,
and the petitioners belong to this category of employees.
4. Before we proceed further, we must notice the three other notifications issued by the Eastern Railway which is relevant in the present context, and is summarized herewith for the facility of quick reference:
(i) The notification dated 8.12.1998 (Annexure-4), with respect to pay-scale of Artisan staff in Railways , whereby higher pay-scales were granted after the anomalies in the recommendation of the Vth Pay Commission were detected, whereby revised pay-scales were granted with effect from 1.1.1996. The relevant clause is reproduced herein below for the facility of quick reference
“INDEX NO. 1057: Revised pay Scales of Artisan Staff in the Railways consequent upon – Vth Central Pay Commission.”
(ii) The notification dated 26.11.1999 (Annexure-5), with respect to pay-scale of Master Cook in Catering, Medical and Canteen Departments, whereby revised
pay-scales were granted with effect from 1.1.1996. The relevant clause is reproduced hereinbelow for the facility of quick reference.
“INDEX NO. 1057. Revised Pay Scale allotted to Hd. Cook and Master Cook of Catering Dept. Medical Dept. and Canteen staff w.e.f. 1.1.1996.”
(iii) The notification dated 21.1.2003 (Annexure-6), with
respect to pay-scale of Primary School Teachers in Railway Schools with monetary benefits w.e.f. 1.1.1996. The relevant clause is reproduced herein below for the facility of quick reference:
INDEX NO. 1057- The senior and selection Grade Scales of Primary School Teachers in Railway Schools be revised w.e.f. 01.01.1996.
5. It is thus evident that of the four categories of employees of the Indian Railways, namely, Artisan Staff, Master Cook in Catering, Medical and Canteen Departments, and Primary School Teachers, have been given uniform treatment by identifying their appropriate pay-scales, and granting them monetary benefits w.e.f. 1.1.1996, the date on which the recommendations of the Vth Pay Commission were enforced. On the other hand, the employees of Accounts Establishment have been given a differential treatment. They have not been given monetary benefits w.e.f. 1.1.1996, but have instead been given notional benefits w.e.f. 1.1.1996, as a result of which they have been deprived of the differential amount of salary for the period 1.1.1996 to 19.2.2003. This calls for serious consideration.
6. The only logic advanced by the respondent authorities before the Tribunal was that these three categories of employees had threatened to proceed on strike, leading to mutual negotiations, and bipartite settlements. The Tribunal has, therefore, concluded that there was a sound basis to treat the
three categories of employees differently. In the absence of such agreement governing the employees of the Accounts Establishment, the Tribunal has concluded, it cannot be said to be a case of discriminatory treatment.
7. We have given our thoughtful consideration to the matter, and entirely disagree with the approach of the learned Tribunal. Threat of strike, and the consequent agreement, cannot be a valid basis for such a discriminatory treatment. We consider it to be a most unsound basis which can never be said to provide reasonable differentia with the object sought to be achieved. No logic has been advanced that the category of employees of Accounts Establishment have to be differently treated, say, for example, nature of duties and functions, in absence of which we have no hesitation in holding that this category of employees has been subjected to hostile discrimination. It was open to the respondents to give notional benefit to the employees of the Accounts Establishment, provided the same principle were applicable to all categories of employees, in the absence of which it falls foul of Articles 14 and 16 of the Constitution of India.
8. In the result, we set aside the order dated 30.6.2005, passed in O.A. no. 925 of 2003, and the orders dated 7.3.2009 and 16.6.2004 (Annexures- 3 and 9), stand modified. We take this writ petition to be in a representative category for all employees of the Accounts Establishment of the Indian Railways. all of whom shall get the benefits of appropriate pay-scales w.e.f.
1.1.1996, with payment of arrears of salary, but without the obligation of payment of interest. It goes without saying that the post-retirement benefits of such employees, who have already superannuated, shall be revised, apart from payment of arrears of salary.
There shall be no order as to costs.
Kishore K. Mandal, J : I agree.
Patna High Court
9th April, 2010
NAFT/pkj
(S.K. Katriar, J.)
( Kishore K. Mandal, J. )
1. SUDAMA SINGH, SON OF LATE TULSI SINGH, RESIDENT OF RAILWAY
HUNDER ROAD, EAST LOHANIPUR, P.S.- KADAM KUAN, AND DISTRICT-
PATNA.
2. DINDAYAL PANDIT, SON OF SRI RAMCHANDRA PANDIT, RESIDENT OF
VILLAGE NATHOPUR, P.S.- PARSA BAZAR, P.O.- KURTHAUL, DISTRICT-
PATNA.
3. NAGENDRA PRASAD SINGH, SON OF LATE R.B. SINGH, RESIDENT OF
VILLAGE CHHOTI BADALPURA, P.O.- KHAGAUL, P.S.- DANAPUR,
DISTRICT- PATNA.
4. BIRENDRA KUMAR YADAV, SON OF SRI JAGDEO PD. YADAV, RESIDENT
OF MOHALLA KHAJE KALAN, SABJI MANDI, PATNA CITY, P.S.-
KHAJEKALAN, DISTRICT- PATNA.
5. MADHUR KUMAR RAI, SON OF SRI HULAL RAI, RESIDENT OF VILLAGE
SHAHPUR DIARA, P.O.- AND P.S.- SONEPUR, DISTRICT- SARAN
(CHAPRA).
6. BRIJ MOHAN PRASAD MEHTA, SON OF SRI SHIVA BALAK PRASAD,
RESIDENT OF MOHALLA NEHRU TOLA, P.S.- BEGAMPUR, P.S.- CHOWK,
PATNA CITY, DISTRICT- KPATNA.
---------------------------petitioners
Versus
1. THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF
RAILWAYS, RAIL BHAWAN, NEW DELHI.
2. THE RAILWAY BOARD THROUGH ITS CHAIRMAN, RAIL BHAWAN, NEW
DELHI.
3. THE CHAIRMAN, RAILWAY BOARD, RAIL BHAWAN, NEW DELHI.
4. THE DEPUTY DIRECTOR, PAY COMMISSION-V-RAILWAY BOARD, RAIL
BHAWAN, NEW DELHI.
5. THE FINANCIAL COMMISSIONER, RAILWAYS, RAILWAY BOARD, RAIL
BHAWAN, NEW DELHI.
6. THE GENERAL MANAGER, EAST RAILWAY, CALCUTTA.
7. THE CHIEF PERSONNEL OFFICER, EASTERN RAILWAY, CALCUTTA.
8. THE GENERAL MANAGER, EAST CENTRAL RAILWAY, HAJIPUR (BIHAR).
9. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, EAST
CENTRAL; RAILWAY, HAJIPUR (BIHAR).
10. THE CHIEF PERSONNEL OFFICER, EAST CENTRAL RAILWAY HAJIPUR
(BIHAR).
11. THE DIVISIONAL MANAGER, DANAPUR DIVISION, EAST CENTRAL
RAILWAY, DANAPUR, DISTRICT- PATNA.
12. THE SENIOR DIVISIONAL PERSONNEL OFFICER, DANAPUR DIVISION,
EAST CENTRAL RAILWAY, DANAPUR, DISTRICT- PATNA.
13. THE CENTRAL ADMINISTRATIVE TRIBUNAL, PATNA BENCH PATNA,
THROUGH ITS REGISTRAR.
-----------------------------------Respondents
For The Petitioners :M/s Pushkar Narain Shahi,
Ravi Kumar, Sanjeet Kumar Singh.
For The Respondents :Mr. Shabbir Ahmad, Advocate
P R E S E N T
THE HON'BLE MR. JUSTICE S.K.KATRIAR
THE HON'BLE MR. JUSTICE KISHORE KUMAR MANDAL
S.K. Katriar, J.
This writ petition is directed against the order dated 30.06.2005(Annexure-13), passed by the Central Administrative Tribunal, Patna Bench, in O.A no. 925 of 2003 (Sudama Singh & Ors versus The Union of India & Ors), whereby the original application preferred by the present petitioners have been rejected, and the decision of the respondent authorities granting higher pay-scales to the category of the employees of the petitioners on notional basis, has been upheld.
2. A brief statement of facts essential for the disposal of the writ petition may be indicated. The recommendations of the Vth Pay Commission constituted by the Union of India were enforced w.e.f. 1.1.1996. The Indian Railways adopted the report of the Pay Commission by framing the Railway Services (Revised Pay Rules), 1997, in terms of Article 309 of the Constitution of India marked Annexure-1. After the recommendations of the Vth Pay Commission were enforced, anomalies were pointed out with respect to the recommendations so implemented. The Indian Railways considered the same, and issued orders rectifying the anomalies. In so far as the grant of appropriate pay-scales to the category of Accounts Establishment is concerned, to which the petitioners belong, the Ministry of Railways issued notification dated 7.3.2003 (Annexure-3), giving appropriate pay-scales to
the employees of this category. The supplementary notification dated 16.6.2004 (Annexure-9), deals with the post-retirement benefits admissible to this category of employees. The petitioners complain about the following clause of Annexure-3, whereby notional benefits were given to the petitioners:
“ The above revised pay scales have been granted on notional basis with effect from 01.01.96 and actual payment prospectively from the date of approval of Cabinet i.e. 19.02.2003.” The same was challenged by preferring the original application before the Tribunal, praying therein that they should have been given the actual money benefits w.e.f. 1.1.1996, the date on which the recommendations of the Vth Pay Commission were enforced, rather than giving the benefit notionally. The original applicants also raised the issue of discriminatory treatment. The same has been rejected by the impugned order, inter alia, on the ground that the petitioners have not been given discriminatory
treatment.
3. We have perused the materials on record, and considered the submissions of learned counsel for the parties. The petitioners are obviously aggrieved by the aforesaid notification dated 7.3.2003 (Annexure-3), and the consequential notification dated 16.6.2004 (Annexure-9), dealing with post-retirement benefits, whereby the benefit of higher pay-scale has not been given effect retrospectively, but on notional basis. As stated hereinabove, the Annexures- 3 and 9 applied to the employees of the Accounts Establishment of the Indian Railways,
and the petitioners belong to this category of employees.
4. Before we proceed further, we must notice the three other notifications issued by the Eastern Railway which is relevant in the present context, and is summarized herewith for the facility of quick reference:
(i) The notification dated 8.12.1998 (Annexure-4), with respect to pay-scale of Artisan staff in Railways , whereby higher pay-scales were granted after the anomalies in the recommendation of the Vth Pay Commission were detected, whereby revised pay-scales were granted with effect from 1.1.1996. The relevant clause is reproduced herein below for the facility of quick reference
“INDEX NO. 1057: Revised pay Scales of Artisan Staff in the Railways consequent upon – Vth Central Pay Commission.”
(ii) The notification dated 26.11.1999 (Annexure-5), with respect to pay-scale of Master Cook in Catering, Medical and Canteen Departments, whereby revised
pay-scales were granted with effect from 1.1.1996. The relevant clause is reproduced hereinbelow for the facility of quick reference.
“INDEX NO. 1057. Revised Pay Scale allotted to Hd. Cook and Master Cook of Catering Dept. Medical Dept. and Canteen staff w.e.f. 1.1.1996.”
(iii) The notification dated 21.1.2003 (Annexure-6), with
respect to pay-scale of Primary School Teachers in Railway Schools with monetary benefits w.e.f. 1.1.1996. The relevant clause is reproduced herein below for the facility of quick reference:
INDEX NO. 1057- The senior and selection Grade Scales of Primary School Teachers in Railway Schools be revised w.e.f. 01.01.1996.
5. It is thus evident that of the four categories of employees of the Indian Railways, namely, Artisan Staff, Master Cook in Catering, Medical and Canteen Departments, and Primary School Teachers, have been given uniform treatment by identifying their appropriate pay-scales, and granting them monetary benefits w.e.f. 1.1.1996, the date on which the recommendations of the Vth Pay Commission were enforced. On the other hand, the employees of Accounts Establishment have been given a differential treatment. They have not been given monetary benefits w.e.f. 1.1.1996, but have instead been given notional benefits w.e.f. 1.1.1996, as a result of which they have been deprived of the differential amount of salary for the period 1.1.1996 to 19.2.2003. This calls for serious consideration.
6. The only logic advanced by the respondent authorities before the Tribunal was that these three categories of employees had threatened to proceed on strike, leading to mutual negotiations, and bipartite settlements. The Tribunal has, therefore, concluded that there was a sound basis to treat the
three categories of employees differently. In the absence of such agreement governing the employees of the Accounts Establishment, the Tribunal has concluded, it cannot be said to be a case of discriminatory treatment.
7. We have given our thoughtful consideration to the matter, and entirely disagree with the approach of the learned Tribunal. Threat of strike, and the consequent agreement, cannot be a valid basis for such a discriminatory treatment. We consider it to be a most unsound basis which can never be said to provide reasonable differentia with the object sought to be achieved. No logic has been advanced that the category of employees of Accounts Establishment have to be differently treated, say, for example, nature of duties and functions, in absence of which we have no hesitation in holding that this category of employees has been subjected to hostile discrimination. It was open to the respondents to give notional benefit to the employees of the Accounts Establishment, provided the same principle were applicable to all categories of employees, in the absence of which it falls foul of Articles 14 and 16 of the Constitution of India.
8. In the result, we set aside the order dated 30.6.2005, passed in O.A. no. 925 of 2003, and the orders dated 7.3.2009 and 16.6.2004 (Annexures- 3 and 9), stand modified. We take this writ petition to be in a representative category for all employees of the Accounts Establishment of the Indian Railways. all of whom shall get the benefits of appropriate pay-scales w.e.f.
1.1.1996, with payment of arrears of salary, but without the obligation of payment of interest. It goes without saying that the post-retirement benefits of such employees, who have already superannuated, shall be revised, apart from payment of arrears of salary.
There shall be no order as to costs.
Kishore K. Mandal, J : I agree.
Patna High Court
9th April, 2010
NAFT/pkj
(S.K. Katriar, J.)
( Kishore K. Mandal, J. )
Saturday, May 8, 2010
DELHI VISIT BY CENTRAL OFFICE BEARERS
Dated 6th May 2010
Dear Comrades,
I along with Sri. R.K. SARASWAT, President, REJI GEORGE, Secretary-Finance and PARTHA BHATTACHARJEE, Working president camped in New Delhi from 28th to 30th April to follow up the pending demands with Railway Board. We had fruitful meetings with top Railway Board Officials.
During our discussions with the Officials of Board we were given to understand that
1. The proposal for granting Grade pay of Rs.4800/- to Sr. AAs has been Cleared by competent authority and orders for the same is expected with in 10 days. This will enable all those who had their II ACP under the previous scheme to get Grade Pay of Rs.4800/- and they will get Rs 5400/- on completion of 30 years under the MACP scheme. We also requested for the clarification to calculating the 5% on the combined strength of SO(A)s and Sr.SO(A)s since both the cadres have been merged.
2. Orders on doubling the Qualification Allowance will be issued in a few days. AIRASA will continue to fight for the reintroduction of Grant of increments for passing App. IIA and App.IIIA.
3. The proposal sent to Finance Ministry for grant of higher Grade Pay Rs.4200/- to JAAs and Rs.5400/- to Sr.SO(A)/Sr.TIA/Sr.ISAs is under active consideration of the Finance Ministry.
4. We were also informed that VI PC Grades in respect of other categories like FPEs is still in pipeline.
5. Regarding the anomalies in MACP Railway Board officials informed that they have received large number of representations from all over Indian Railways ( in the format circulated by AIRASA) and the same are under active scrutiny and it is expected that the matter will be referred to Ministry of Finance shortly. However, the delegation had discussion with top officials including Member, Staff in the matter and impressed upon urgent positive action in the matter. We also came to know that the letter by CAG on the MACP anomalies is under active consideration by the Finance Ministry and some positive development is expected shortly. The delegation also pointed out that some Railways like S C Railway are refusing to act on the Clarificatory letter on MACP issued by Railway Board to Western Railway dated 28-01-2010 and requested the Officials to address the same to all Zonal Railways and Production Units.
6. The delegation’s demand for promotion of erstwhile Group D Staff now in Group C Status on seniority basis to the post of Accounts Clerk was appreciated and the officials agreed to put up the papers positively. AIRASA demanded modification of Recruitment Rules in this regard.
7. To mitigate the grievance of Accounts Clerks stagnated in the cadre for want of vacancies in JAA cadre, AIRASA requested for change in the 80 : 20 pattern as 40 : 60 since there are no direct recruitments being made. The proposal was well received and the Accounts directorate Officials promised to initiate papers in this regard. The matter will be followed up further.
8. We also reminded the demand for modification of Recruitment Rules for selection to the post of AAOs and submitted the copies of Recruitment Rules of other Organised Accounts and Audit which contains selection by seniority cum suitability only.
9. On the issue of creation of additional posts of TIAs/ISAs , reminders have been submitted to give adhoc promotions and the officials were requested to give directions to all the Zonal Railways to create additional posts of TIAs and ISAs.
Group B Status to SO(A)/TIA/ISA.
We expressed our anguish over non affording of Group B Status to SO(A)/TIA/ISA to top Railway Board Officials including Member, Staff and requested them to have a fresh look into the issue.
Restoration of three Additional increments to ASVs.
We pointed out to the officials despite permitting the Cash Office Staff who qualified App. IIA to volunteer for selection to the post of Accounts Stock Verifiers there is no huge response for volunteering to the post. Even the Special Allowance of Rs.1000/- has not attracted the AAs/JAAs to volunteer for the post of ASV. Hence we pointed out that the only way out is to restore the grant of three additional increments for qualifying in the App.IV Exam. We also insisted the need for extending the Special Allowance to those ASVs who came from the Cadre of JAAs. We also pointed out that many Railways are not granting MACP to Stock Verifiers duly taking their combined service in AA and ASV cadre and requested for issue of clarifications in this regard.
Grade Pay of Rs.4600/- to AAs and Arbitration Award :
The Apex JAC has reminded the Finance Minister to implement the Arbitration Award with cash benefit from 1-1-2006 and to extend the Grade pay of Rs.4600/- to all Accounts Assistants on par with Assistants of CSS.
The delegation met Hon’ble MPs Com. Basudeb Acharya and Shri. Raveendra Kumar Pandey. Both the MPs assured to take up the issue of Arbitration Award MACP anomalies with Finance Minister and Minister of DOPT personally.
Reminders on all other pending demands raised by AIRASA were also placed before the Railway Board.
Though Most of the Zonal Railways had implemented the Unit wise Dharna on 08-04-2010 in solidarity to the MASS CL program of other Audit and Accounts Staff, many Zonal Railways like Northern, NE, EC,SW,E Co and production Units have not participated in the program. It is once again reiterated that unless we show the same Unity and Solidarity as we had done during 1998 to 2003, it will be very difficult to achieve the pending demands. Huge participation in such programs only will pressurize the Government to look into our demands.
Yours Comradely,
(N.SRINIVASAN)
General Secretary
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