D&A Rules(Policy) – Incorrect interpretation of Rule 1322 R-II on the
issue
of Fixation
of Pay while
implementing penalty of reduction to a lower time scale
of pay grade, post
service stage as per Rule 6(VI) of R.S.(D&A) Rules,
1968
It has been
brought to the notice of the federation that while implementing orders of
penalty imposed vide Rule 6(VI) of R.S.(D&A) Rules, incorrect fixation of pay is
done by the Disciplinary/ Appellate Authorities on minimum of lower post,
overlooking the word “time scale”, as mentioned in Rule 1322 R-II.
On Western
Railway, there is a case of one CBS scale Rs.6500-10500 who was removed from the
service for unauthorized absence by the Sr. DCM-BCT after following D&A Rules.
On his appeal, the ex-employee was reinstated in service on 30.5.2002 as CBC
scale Rs.5500-9000 on minimum of scale Rs.5500/- p.m. Thereafter, the employee
was granted annual increment, raising his pay from minimum of the scale. There
are number of such cases on BCT Division of Western Railway, where incorrect pay
fixation is given while imposing penalty of reduction to lower scale of pay.
In this
regard, attention of the Railway Board is drawn to Rule 1322 R-II which deals
with the subject of pay admissible on reduction to lower post. Contents of this
rule are re-produced-
“1322(FR 28) Pay on Reduction to lower post - The authority which orders the reduction of a Railway Servant as a penalty from a higher to a lower post or time scale, may allow him to draw any pay, not exceeding the maximum of the lower post or time scale which it may think proper.
Provided that the pay allowed to be drawn by a Railway Servant under this Rule shall not exceed the pay which he would have drawn by the operation of Rule 1313(FR-22) read with clause (b) or clause(c), as the case may be of Rule 1320(FR 26).”
The definition of terms “time scale” is given in Rule 1310(FR 9) R.II.
In this connection, extract of para 2 of Board’s letter No.F(E)II/2001/FOP/I dated 5.10.2001 are reproduced below:-
“In this connection attention is drawn to Advance Correction Slips No.14 & 15, which are issued consequent upon amendment to FRs vide this letter No.F(E)II/89/FR-1/I dated 12.12.1991. Under proviso I of FR 22(1) viz. 1313(1) it had held previously in a substantive or officiating basis his initial pay fixed in that post under FR 22(1) viz 1313(1) should not be less than the pay which he drew on the last occasion for increment in the stage of the time scale equivalent to that pay. It seems that instructions have not been clearly understood.”
Western Railway Employees’ Union took up the issue of incorrect fixation of pay allowed on reduction to lower scale of pay for an indefinite period to the employees before the DRM/BCT, quoting codal paras, as GM PNM item, but the Railway administration did not accept contention of the union. It is further stated that the action of the DRM/BCT in fixing of pay in minimum of scale is in order.
In view of the above, the Board are requested to issue necessary clarification about the admissibility of pay on reversion to lower grade, keeping in view the provision of codal paras to the General Managers of the Indian Railways.
No.AIRF/86 Dated: April 26, 2007
Sub: Staffing pattern for PRS Computer Centres
Ref: Railway Board’s letters
No.E(NG)I-98/PM16/1
dated 5.3.2007, 30.2.2007 and 24.4.2007
In connection with the above, AIRF proposes the following amendments:-
(i) For filling up of vacancies of Jr. Engineer(IT)
PRS Gr. II Rs.5000-8000, percentage of Direct Recruitment from RRB should be 30%
as against 70%, as mentioned in the Board’s letter referred to above and balance
70% should be by selection from the serving employees.
(ii) Educational qualification for the selection of serving employees
should be relaxed.
(iii) Avenue for higher promotion to Group `B’ should be linked with the Commercial Department.
Induction
of Trackman, Safaiwalas and Stores Khalasi
Grant of Selection Grade in favour of TGT Teachers
Merger of DA equal to 50% of BP
Promotion of non-qualified Appendix III-A Accounts Asstt.(Rs.5500-9000) under ACP scheme
Due to persistent efforts of the AIRF, it was decided by the Railway Board, that 5% sanctioned posts of S.O. in Accounts department will be filled by Accounts Assistant, grade Rs.5500-9000, who have not qualified Appendix III-A examination.
Apart from this, all the J.A., in scale
Rs.4500-7000, who had been directly recruited in this grade, will also get
benefit of ACP scheme after completion of 24 years’ service.
Orders to this effect will be issued shortly
Sub: Surrendering of 20% vacant posts
(GS referred to Chairman, Railway Board.)
Indiscriminate surrendering of posts has created unprecedented resentment amongst the railway employees and increased workload on them for want of vacancies not being filled in. Railwaymen all over the country held demonstrations, meetings, dharnas etc. on 11th April, 2007 on the major centres of railway workings and handed over protest letters to the DRMs/GMs and in-charges of the Workshops and Production Units.
You might have also received protest letters from all over the country. Although a meeting is fixed for discussion with the Member Staff today, i.e. on 12.4.2007, but he can hardly do anything in the matter, as the decision for surrender of posts was taken by the full Board in the meeting.
In case remedial measures are not taken and the matter is not brought to the notice of the Prime Minister immediately, I am afraid that industrial relation will deteriorate, which will not be in the interest of smooth functioning of the Indian Railways.
I therefore, request you to kindly bring this matter to the notice of Hon’ble Minister for Railways for his early intervention in the matter.
Sub: Outsourcing
(GS wrote to MS, Rly Board)
As I explained to you in the
meeting, held on 12th April, 2007, that even primary and secondary
maintenance of coaches in the Carriage and Wagon Depot are being outsourced,
painting, cleaning works of coaches are also being outsourced by violating
Contract Labour (Regulation & Abolition) Act, 1970.
In Rail Coach Factory, Kapurthala,
contract labour is working inside the workshop, which is a violation of law.
Despite several assurances of the Railway Board, given to AIRF, contract labour
has not been replaced with regular railway employees.
Railways have been violating the law
and no action is being taken against those who are responsible for violating the
law.
Even Labour Ministry has recommended for criminal proceedings in
more than 41 cases in the Railways, the prosecution could not be done because
Railway Ministry did not grant necessary permission for it.
Sub: Discussion on surrendering of posts and filling up of vacancies
On 12th April, 2007, there was a discussion between AIRF and Member Staff, Railway Board, when it was explained that the Hon’ble Minister for Railways has written to the Prime Minister that the Railways is an operating industry and the posts of Drivers, Motormen, TTEs etc. cannot be kept vacant and surrendered. The M.R. has further written that the guidelines issued by the DOP&T for surrendering of posts cannot be made applicable in the industry like Railways which is expanding day by day. Additional manpower is required to run additional trains(freight and passengers). Consequent upon our persistent efforts and stiff opposition, the M.R. has taken this step.
There will
be another round of discussion with the Railway Board after a week. In the
meantime, you are requested to kindly intimate:-
1. Higher grade posts, with details, which have been surrendered. It was
agreed that higher grade posts should not be surrendered and also posts relating
to safety categories. We insisted that wherever higher grade posts were
surrendered wrongly, these should be restored.
2. The issues of the outsourcing and IRCTC were also discussed. It was
explained to the Board that even primary and secondary maintenance of coaches in
the C&W depot, painting, watering, cleaning of coaches and machines were being
outsourced. Miserable condition of the catering staff, who is on deemed
deputation, was also discussed. These employees are discriminated for the
payment of bonus.
3. The question of filling up of group `D’ staff vacancies also came up
for discussion, when the Board agreed to direct the Railways to take early steps
for the recruitment of group `D’ staff.
All the affiliates are requested to send a brief note on the
surrender of higher grade posts.
Cadre Restructuring of certain Group C & D
