NFIR’s PNM meeting held with the Railway Board on 22nd and 23rd December 2016 – NFIR

NFIR’s PNM meeting held with the Railway Board on 22nd and 23rd December 2016 – NFIR

NFIR

National Federation of Indian Railwaymen

3, CHELMSFORD ROAD, NEW DELHI – 110 055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No. IV/MACPS/09/Part 10

Dated: 12/04/2017

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: NFIR’s PNM meeting held with the Railway Board on 22nd and 23rd December 2016-reg.

Ref: Railway Board’s letter No. 2016/E(LR)I/NM1-16 dated 31/03/2017 addressed to the General Secretary, NFIR.

*********

The position furnished by the Railway Board pertaining to the cases of NFIR PNM Items (Annexure ‘A’) and position on other issues (Annexure ‘B’) has been reconciled at this end. The Federation’s views on each item are placed in the last column of Annexures ‘A’ & ‘B’ for review and further action as per the record note of discussions circulated already.

Annexure ‘A’ & ‘B’ attached

Yours faithfully,
S/d,
(Dv M. Raghavaiah)
General Secretary


Annexure ‘A’

Position/remarks on MACPS issues raised through PNM/NFIR agenda item(s)

Ref: Railway Board’s letter No. 2016/E(LR)/1/NM1-16 dated 31/03/2017 to GS/NFIR.

PNM
Item No.
Subject Position/remarks furnished by Railway Board Federation’s views
1/2011 Grant of financial upgradation under MACPS to the staff who are in the same Grade Pay for more than 20 years. The   matter     has   twice     been  examined   in consultation with DoP&T and DoP&T has not agreed for the same. Moreover, DoP&T being the nodal Deptt., this Ministry is not in position to deviate from the nstructions/clarifications issued by them. As such, there appears to be no other option left.

The long pending item may be ‘closed’

In Para 3.2 of the demand No. 2 of I.D. Note dated 17/05/2016 sent to DoP&T it is seen that the Railway Board have deliberately added “even if none of the conditions viz., 30 years of service from the date of initial joining of the post or completion of 10 years of service from the rd financial upgradation /  promotion is fulfilled” — for obtaining negative clarifications. The Federation does not agree to this.
16/2011 Abolition   of pay scales and introduction of upgraded pay scales with revised designation — case of SSE (Drawing) clarification on entry grade pay. The    matter has been duly  examined inconsultation with DoP&T and reply to Federation has been issued vide Board’s letter dated 19/10/2016. Federation’s response sent vide letter dated 07/11/2016 has not yet been considered. This being deserving case of JE/SSE (Drawing) cadres who have been deprived of MACP, Federation urges to review for mitigating the problem.
56/2012 Counting  of service  of  D-2 Khalasis in CLW for extending benefits of financial upgradation under MACPS The item has been discussed threadbare with the Federation and the reply given by CLW is comprehensive covering all the doubts on the issue. There appears to be no issue outstanding for discussion.

The long pending item may be ‘closed’

Separate meeting in association with CPO, CLW is yet to be arranged by the Board.
16/2013 Non-grant ofbenefit under MACP Scheme to the Stock Verifiers working in Zonal Railways/Production Units-reg. The relevant instructions for allowing benefit of MACPS to Stock Verifiers by not reckoning their promotion from AA to ASV (same Grade Pay) have been issued vide Board’s letter dated 19/12/2016 (RBE No. 156/2016).

Thus, the item may be ‘CLOSED’.

May be treated as finalized.
17/2013 Grant of financial upgradation under MACP Scheme Wrongful clarification issued by the Railway Board. Basically, the item is relating grant of higher Grade Pay under MACPS in cases where feeder and promotional grade posts are in same Grade Pay. Meanwhile Federation vide their letter dated 22/09/2016 had requested to make available the copy of reference made to DoP&T and reply thereto. Accordingly, the desired information has been furnished to the Federation vide Board’s letter dated 06/10/2016. Moreover, DoP&T being the nodal department of Government on MACPS, this Ministry can not deviate from the instructions/clarification issued by them.

As such, there appears to be no issue outstanding for discussion. The item may be ‘closed’.

The reference provided by  the Railway Board relates to OM dated 31/10/2012 addressed to DoP&T and reply thereto vide dated 01/11/2012 from DoP&T i.e. prior to issuance of Board’s instructions dated 13/12/2012. The PNM agenda Item appears to have not been examined in detail for apprising Railways situation to DoP&T.
19/2014 Denial of revised V CPC pay scale — Injustice meted out to Midwives on Western Railway. As desired by the Federation, the matter has been examined based on the information regarding recruitment qualification and pay scale at the time of recruitment obtained from Western Railway and reply to Federation has been issued vide Board’s letter dated 12/05/2016. As such, no action is pending. The item may be ‘CLOSED’ The position furnished does  not appear to be correct because of the fact that letter No. PC-V/2009/ACP/15/NR dated 12/05/2016 relates to the case of Cash & Pay staff of Northern Railway and not the PNM Item No. 19/2014. NFIR’s communications on the subject may be examined.
46/2015 Grant of financial upgradation under MACPS to the Technical Supervisors of DC’ Traction and presently working as JE/SSE. As requested by the Federation, the matter has been reviewed based on the information obtained from Central Railway as well as in light of the extant instructions on the subject and accordingly, Federation have been replied vide Board’s letter dated 21/02/2017. There appears no other course of action to be left available. The decision of the Railway Board conveyed vide letter dated 21/02/2017 to the Federation is not acceptable as the same being discriminatory for the reasons that the Technical Supervisors of DC Traction cannot be treated differently than the staff of other Technical Departments having similar educational qualification. The references made by NFIR may be examined properly for reaching conclusion. NFIR had given valid in­puts to Board through its letters also.
47/2015 Grant of MACP to the former Traffic Signallers absorbed as ASMs/SMs on North Eastern Railway-reg. As requested by the Federation to examine the matter in context of their letter dated 12/09/2016. The same has accordingly been examined and replied to the Federation vide Board’s letter dated 02/01/2017. Reply sent by the Board vide letter dated 02/01/2017 is not convincing due to the reason that the contents of Board’s letter dated 6th April 1972 have not been taken into consideration for appreciating the recruitment back ground and facts of the case. Also refer the facts mentioned in NFIR’s letters.
24/2016 Denial of financial upgradation under MACP Scheme to the serving Graduate Clerks inducted against LDCE Quota on East Coast Railway. As decided in the meeting held on 19th & 20th May, 2016, E.Co. Railway have been asked to advise the rule and methodology under which the pay of the employees promoted as Sr. Clerks through LDCE against 131/4% quota has been fixed.

Reply from E.Co. Railway is awaited. Further, as per para 2 of Board’s letter dated 18/06/81 and also in terms of Board’s letter dated 07/10/97 benefit of pay fixation has been allowed on promotion to Sr. Clerks post through LDCE. Therefore, this promotion has to be counted for the purpose of MACPS.

(i)    The Senior Clerks were inducted against (D/R Quota) through LDCE and Pursuant to written test conducted by the Railway Service Commission (presently known as RRB). These posts therefore part of D/R Quota for which the rules for   the direct
recruitment have been followed and staff selected and absorbed.(ii)  Since the recruitment rules provide   induction through LDCE/GDCE, the   condition contained in Board’s letter dated 13/12/2012 – item No. (i) is fulfilled therefore the staff should be granted MACP as already contended by NFIR.

Annexure ‘B’

Position/remarks on other MACPS issues raised by NFIR

Item
No.
Subject Position/remarks furnished by Railway Board NFIR’s reference/PNM Item
1 Financial   upgradation  under MACPS to the directly recruited Graduate Engg-Considering entry Grade Pay as Rs. 4600/- for the purpose of MACP to all the directly recruited Engg. Graduates in Design/Drawing cadre and other cadres. The matter has been consulted with DoP&T and they have advised that the demand does not cover in the MACPS as the Scheme provides for counting service from direct entry grade.

Further, DoP&T being the nodal department, this Ministry can not deviate from the instructions issued by them. There appears to be no issue outstanding for discussion.

Thus, the item may be ‘closed’.

Grave injustice has been meted out to Engineering Graduates due to non-allotment of pay scale Rs. 6500-10500 (V CPC) consequently, they have been deprived of MACP. Federation had explained the merits through letters. The case should be got reviewed for mitigating hardship caused to this category.
2 Third financial upgradation under MACPS on completion of 20 years of service from the first promotion or 10 years after second promotion or 30 years after    regular  appointment whichever is earlier. The   matter has twice been examined in consultation with DoP&Tand DoP&T has not agreed for the same. Moreover, DoP&T being the nodal Department, this Ministry is not in position to deviate from the instructions/clarifications issued by them.As such, there appears to be no other option left. The long pending item may be ‘closed. Board may refer Federation’s views
against PNM Item No. I/2011 in Annexure ‘A’ enclosed. Federation reiterates that 3rd MACP should be granted in those cases of staff stagnated for over 20 years from the date of first promotion.
3 Grant of financial   upgradation

under MACP in the promotional hierarchy — (instead of Grade Pay hierarchy) — as per judgment of various Courts.

The factual position/details   about the   cadres where ACP Scheme as contended by the Federations have ascertained from Railways. The same is under examination. The Board’s      contention        is      totally incorrect. In this context NFIR’s letter
No. IV/MACPS/09/Part10  dated 10/04/2017  may be  connected for
reviewing the case.
4 MACP benefits to            Railway

employees — Cases of employees
joining another unit/organization
on request. (Railway Board’s

letter No. PC-V/2009/ACP/2 dated 31/01/2013 — NFIR’s letter dated 29/07/2013).

As desired by the Staff Side, necessary

instructions have been issued vide Board’s letter dated 23/11/2015 (RBE No. 147/2015) and thereafter a corrigendum has also been issued vide Board’s letter dated 17/02/2016 (RBE No. 19/2016).

Although DoP&T         OM           clearly provides that the past promotion in the case of employees who join in lower grade post at their request in the new unit/ organization should be ignored for the purpose of MACPS, the Railway Board has twisted the mater and issued corrigendum to deny the MACP to the staff who joined in the lower grade post of the new unit/organization.  The                       Board’s intepretation is not acceptable to the Federation.  In  this   connection, Federation’s   letter No.IV/MACPS/09/Part 10 dated
09/06/2016 may also be perused.
5 Provision of  all  benefits   on financial upgradation under MACPS — including entitlements for travel & treatment in hospital etc. In the meeting Staff Side was requested to come out with specific entitlement which are being denied to such Staff. No reply from the Staff Side has been received so far. No comments
6 Non-grant of benefit of financial upgradation under MACPS to the staff on North Western Railway. As decided in the meeting, the matter has been examined after obtaining information from N.W. Railway and reply to the Staff Side has been issued vide Board’s letter dated 17/03/2017. NFIR’s letter No. IV/MACPS/09/Part 10 dated 06/03/2017 may be considered for imparting justice to the staff.
7 Grant of financial            upgradation under MACPS to the Staff who are in the same Grade Pay for more than 20 years. The   matter has twice been examined       in consultation with DoP&T and DoP&T has not agreed for the same. Moreover, DoP&T being the nodal Department, this Ministry is not in position to deviate from theinstructions/ clarifications issued by them. As such, there appears to be no other option left.

The long item pending may be ‘closed’.

Same remarks as given vide Item No. 2 above.
8 Abolition of  pay scales              and

introduction of upgraded pay scale with revised designation — SSE Drawing clarification on Entry Grade Pay.

Federation has requested that the matter may be examined in context of their letter dated 05/09/2016. Accordingly, the same has been duly examined in consultation with DoP&T and reply to Federation has been issued vide Board’s letter dated 19/10/2016. Please refer NFIR views   already furnished with reference to PNM Item No. 16/2011.
9 Non-grant   of   financial upgradation under MACPS to Stock Verifiers working in Zonal Railways/PUs. The relevant instructions for allowing benefit of MACPS to Stock Verifiers by not reckoning their promotion from AA to ASV, have been issued vide Board’s letter dated 19/12/2016 (RBE No. 156/2016).

Thus, the item may be ‘CLOSED’.

May be treated as finalized.
10 Grant of  financial            upgradation under MACP Scheme — Wrongful clarifications issued by the Railway Board. Basically, the item is regarding grant of higher Grade Pay under MACPS in cases where feeder and promotional grade posts are in same Grade Pay. Federation vide their letter dated 22/09/2016 have requested to make available the copy of reference made to DoP&T and reply thereto. Accordingly, the desired information has been furnished to the Federation vide Board’s letter dated 06/10/2016. Moreover, DoP&T being the nodal department of Government on MACPS, this Ministry can not deviate from the instructions/clarifications issued by them. As such, there appears to be no issue outstanding for discussion. The item may be ‘Closed’. Refer remarks against NFIR’s PNM Item No. 17/2013 and the letters written by the Federation.
11 Wrong implementation of MACP Scheme in IT Cadre/Granting of financial benefit under MACP Scheme to EDP Staff. The matter has been consulted with DoP&T and they have advised to examine and decide the matter in terms of clarification No. 35 of DoP&T’s OM dated 18/07/2001. Accordingly, the same is under examination. In as much as the posts have been upgraded as part of re-organization, such promotions against upgradation are required to be ignored in terms of Para 5 of Board’s letter dated 10/06/2009 for the purpose of applying MACP Scheme. The case of IT cadre needs to be reviewed.

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