JCM Staff Side Agenda Items for discussion in the ensuing standing committee Meeting
NFIR
No.IV/NFIR/SCM/Pt.VI
13-04-2017
The General Secretaries of
Affiliated Unions of NFIR
Dear Brother,
Sub: JCM (Staff Side) Agenda Items for discussion in the ensuing standing committee Meeting - reg.
Federation
gives below gist of agenda items (which are related to railway staff)
sent to the DOP&T for discussion in the next meeting of Standing
Committee (NC/JCM)
1. To formulate a policy for direct
appointment of Trained Trade Apprentices of Central Government
Industrial Establishments like Railways, Defence etc. as per the amended
provisions of section-22 of Apprentice Act 1961.
The
Government of India amended the Apprentice Act 1961 as Apprentices
(Amended) Act, 2014 (No.29 of 2014) dated 5th December,2014
incorporating the following provision in Section-22 of the principal
Act.
Section-22: "Every employer shall formulate
its own policy for recruiting any apprentice who has completed the
period of apprenticeship training in his Establishment".
It was
agreed in the Central Apprenticeship council meeting under the
Chairmanship of Minister of State (IC) for Labour & Employment on
8th April,2015 that M/o Labour will frame the guidelines for Govt.
Industrial Establishments & PSUs for recruitment of Apprentices
after completion of training, on the suggestion of Union
representatives. Hence the Apprentices selected through entrance
examinations etc., are facing undue hardships in getting the appointment
when recruitment takes place in the establishment where they were
trained. Therefore it was proposed that Govt. of India, as Employer,
will formulate the following policy for recruitment of Trained Trade
Apprentices.
Determination of Batch-wise seniority.
1.
All Apprentice training institutes under Government Industrial
Establishments shall maintain the seniority list of Ex-Trade apprentices
in respective trades.
2. The Apprentices trained in the earlier batch will be enbloc senior to the apprentices of the subsequent batches.
3.
While maintaining the batch-wise seniority, marks/grading obtained in
NAC examination conducted by NCVT will be the criteria for determining
intra-batch seniority of the apprentices.
4. In case the
marks/grading is identical for two or more individuals, the date of
birth should be the criteria for deciding the seniority.
Filling up of the vacancies
As
and when sanction is accorded for making recruitment in the skilled
grade of various trades Ex-Trade Apprentices of respective Government
Industrial Establishments will be considered for such recruitment in the
relevant Trade.
The above draft policy proposed by the staff side is requested to be considered favourably by the Government for implementation.
2. Revision of the benefit of Deposit linked Insurance coverage from GPF.
As
per Rule 33-B of GPF Rules on the death of a subscriber an additional
amount not exceeding Rs.60,000/- payable under Deposit linked insurance
scheme of GPF to the dependents of a deceased employee. This rate has
not been enhanced for so many years. Similar benefit for a depositor in
EPF covered under the Employees Deposit Linked Insurance Scheme 1976 is
enhanced to Rs.6,00,000/-. It is therefore requested that government may
consider to enhance the limit of Deposit Linked Insurance Scheme from
GPF.
3. Implementation of the recommendation of 6th CPC
with regard to Limited Departmental competitive Examination for post in
Group B and Group C.
As per the 6th CPC recommendation in
para 6.1.7, the employee in PB-1 with GP Rs.1800/- will be eligible to
appear in LDCE for a post in PB-2 with GP Rs.4800/- provided he/she
possesses the necessary qualification.
After 6th CPC
recommendation, the number of employees in GP Rs.1800/- have acquired
higher qualifications & became eligible for higher post but are not
being allowed to apply for the higher post through LDCE, since the above
recommendation of 6th CPC has not yet been implemented by the
government.
In view of the changed circumstances, those employees
in GP Rs.1800/- who have acquired the higher qualifications, their
initiative & interest be considered & the Government may kindly
implement the recommendation of 6th CPC.
4. Endorsement of Higher Education not mentioned in the PVR Forms in the Service Record of the Employees.
In
column 10 of PVR (Attestation Form) i.e. Educational Qualifications,
the candidates used to fill this column with minimum qualification for
the post for which they are selected for appointment, due to the
insufficient space in the column. However, after appointment, when they
apply for endorsing their higher qualifications in the service Record,
the Administration issues ‘ show Cause Notice’ to them for not
disclosing their Educational qualification in the Attestation Form.
Since
this information was not given by them due to the insufficient space in
the column of attestation Form, the eventuality may not be treated as
hiding the information & hence, it is requested that DOP&T may
issue instructions to endorse the higher qualification in the Service
Record of employees, even if it was mentioned in the PVR Form.
5. Restoration of the Advances withdrawn by the 7th CPC.
The
Government has accepted the recommendation of 7th CPC to withdraw (i)
Natural calamity advance (ii) Festival Advance (iii) LTC and TA advances
(iv) Medical advance (V) Education advance & (f) vehicle advances
including cycle advance. This has resulted undue hardships to the
Government Employees.
Since the advances are recovered in monthly
instalments from employees, it is requested that Government may restore
these advances as a welfare measure.
6. MACP to the employees who have completed 10 years or 20/30 years on the date of their retirement.
The
employees who have completed 10 years in the same grade/pay level or
those who have completed 20/30 years on the last working day of the
month which happens to be the superannuation/retirement day of the
concerned employee, are denied MACP benefit on the pretext that they are
eligible for MACP only on the next working day. Since the concerned
employee retired one day before the denial of benefit. he is subjected
to huge loss in pension & other terminal benefits.
In view of
the above it is requested that the employees who have completed 10 years
or 20/30 years on the date of their retirement may be granted MACP
benefit on the last working day relaxing the relevant provisions in the
MACP Scheme.
7. Payment of equal pay to equal work to the
workers/employees engaged in all Govt. Offices either through
contractors or directly as daily rated/contingent/casual workers as per
the direction of the Supreme court.
Hon'ble supreme court
delivered a judgement in the civil appeal No.213 of 2013 in the case of
State of punjab Vs.jagjit singh and others citing the obligation of the
Government of India to abide by the International covenant on Economic,
social and cultural rights, 1966 to which the central government is a
signatory.
Quoting the provisions under Article 7 of the covenant
viz. (a) Remuneration which provides all workers as a minimum wages
& equal remuneration for equal work (b) Safe and healthy working
conditions; (c) Equal opportunities for everyone to be promoted in his
employment to an appropriate higher level, subject to no consideration
other than those of seniority and competence & (d) Rest, leisure and
reasonable limitation of working hours and periodical holidays with pay
as well as remuneration for public holidays and various previous
rulings and judgements of the Court under Article 141 of the
constitution, Hon'ble supreme Court directed the State of Punjab to
provide equal pay for equal work to all daily wage employees, ad-hoc
appointees, employees appointed on casual basis, contractual employees
and the like. concludingly, Court has decided that all such employees
are entitled for wages at the minimum of the pay scale.
Staff Side
therefore requests the Government to issue explicit instructions that
the employees/workers engaged on casual/contingent/temporary/daily rated
basis including those through contractors are given the rate of the
minimum of the lowest pay scale and a scheme for regularization of such
appointees is drawn so that these employees would be absorbed as
permanent workers over a period of time.
8. Revision of Ex-gratin to CPF/SRPF retirees.
In
acceptance of the demand of the Staff Side at the National council,
.JCM, ex-gratia payments were made to the CPF/SRPF retirees. These rates
fixed in 1988 were revised on 1.11.1997 and again from 2006. Presently
the rates are as under:
Group 'A' Rs.3000/-
Group 'B' Rs.1000/-
Group 'C' Rs. 750/-
Group 'D' Rs. 650/-
Taking
into account the fact that pay and pension were revised on the basis of
the 7th CPC's recommendation, a revision of rates of the ex-gratia to
the CPF/SRPF retirees whose number is dwindling every day is warranted.
Staff Side therefore requests that the rates may be appropriately
revised applying the very same rationale adopted in the case of civil
pensioners.
9. Dispense with the practice of ignoring the fraction while computing the Dearness Allowance.
For
the sake of easy computation of DA the practice of ignoring the
fraction was initiated. The quantum loss to the beneficiaries in the
beginning was meager. Now that the administrative difficulties which
prompted for ignoring the fraction has been greatly eased due to
computerization and taking into account the loss for six months is no
more meager, it is necessary that the practice is dispensed with. For
example, the next instalment of DA is likely to be 2.95% whereas the
orders would be issued for grant of only 2%. In the case of an employee,
whose basic pay is Rs.50,000, the loss per month in that case would be
Rs.475/-. It is pertinent to mention in this connection that in the case
of Bank employees, the practice of ignoring the fraction is not
followed. Staff Side therefore requests that the DA hereafter be
computed without ignoring the fraction.
10. Include unmarried/widow/divorcee sister in the definition of family for family pension.
The
scope of Family pension under Rule 52 of the CCS (Pension) Rules, 1972
was extended to the dependent disabled siblings (brother and sister) of
Central Government servant/pensioners vide DOP&PW 0.1.
No.1/15/2008-P&PW(E) dated 17th August, 2009. There are cases
wherein an employee/pensioner remains unmarried and leaves behind
dependent unmarried/widow/divorcee sister/sisters. Though cases of such
types may be few and far between, nonetheless, such hapless ladies need
to be taken care by the Government lest they should be left to fend for
themselves, after the death of Government Servant/pensioner on whom they
were fully dependent before his/her death. We request to include
dependent unmarried/widow/divorcee sister/sisters in the definition of
family for the purpose of family pension.
11. Removal of conditions of being at the "Headquarters" for a few days in a month to claim the Transport Allowance.
In
regard to the grant of Transport Allowance to Government Employees it
was pointed out that in many organizations viz. Central Ground Water
Board, Survey of India, Geological Survey of India, Indian Bureau of
Mines, Postal workers and Indian Audit and Accounts Department etc., the
employees are required to be in field formations on duty for months
together. Because of the condition stipulated that the employees must be
at the Headquarters for certain number of days in a month, many of them
are denied transport allowance as the exigencies of work entrusted to
them make them to be away from liquors for months together. The denial
is, therefore, a double punishment in as much they are to be away from
their family and also are asked to bear the financial loss due to the
denial of transport allowance. This apart, once the Transport allowance
is denied they automatically do not become entitled for City
Compensatory allowance also. Staff Side therefore requests that this
condition may be removed for the grant of Transport Allowance.
12.
Transport allowance in the case of Physically handicapped person at the
double rate and deduction of the same if one is on short leave. To be
dispensed with.
Transport allowance is admissible for
physically handicapped persons at the double the rates as per the extant
instructions on the subject. This is provided for the reason that the
physically handicapped person has to take the help of another person to
travel and reach the office. However, if the physically handicapped
person is on leave (EL, HPL etc.) proportionate amount of transport
allowance pertaining to the helper is deducted. Normally transport
allowance is denied only when a person is on Earned leave for a period
exceeding one month. There appears to be no rationale to deduct the
proportionate amount of transport allowance pertaining to the helper in
the case of physically handicapped person. Either a clarification may be
issued to dispense with the practice if the same has been initiated by
the Zonal Accounts Officers on an interpretation of the rules. If the
pertinent rule itself has to be amended, the same may be done as no
helper can be asked that he must suffer and sacrifice the allowance
because the physically handicapped persons for some domestic reason
could not go to office on a particular day in a month.
13. Counting full service of Temporary Casual Labourers for pensionary and retirement benefits in Railways - reg.
The
Staff Side had discussed its demand for counting full service of
temporary status of casual labourers for pensionary and retirement
benefits at the level of Railway Ministry. Consequently, the Railway
Ministry had agreed and accordingly proposal was sent to the Ministry of
Finance and DoP&T seeking clearance. Unfortunately, the
MoF/DoP&T have not accorded approval.
(a) The Casual Labourers
in Railways had attained temporary status on completion of prescribed
days of continuous working and got the benefits admissible to temporary
Railway/Government employees such as regular Pay Scale, Medical facility
etc.,
(b) The Railway Administrations have however taken
abnormally long periods to absorb them as regular staff although regular
posts were vacant.
(C) The status of casual labourers in railways
after acquiring temporary status (termed as Temporary employees) is
exactly similar to the substitutes in whose case, the total service from
the date of attainment of temporary status is counted tar reckoning
qualifying service for pensioner benefits,
(d) Various CATS, High
Courts and even the Apex Court have given decisions against the
differential treatment between the casual labour and substitutes
particularly when both attained temporary status and directed to treat
them at par so far as reckoning the service from the date of temporary
status till the date of regularization for pensioner benefits etc.,
(e)
The SLPs filed by the Union of India before the Apex Court in a few
cases of casual labourers were dismissed and the Hon'ble Supreme Court
had directed the Union of India to calculate Pension and other retrial
benefits payable to the retiring/retired employees, taking into account
the 100% temporary status service.
Staff Side therefore requests
to consider the above valid points and accord approval for counting
total temporary status service of Casual Labourers for pensionary
benefits in Railways.
14. Ensure Parity in Pay Scale of
All Stenographers, Assistants and Ministerial Staff in Subordinate
Offices and in IA&AD & Organized Accounts Cadres with Central
Secretariat Staff by upgrading their Pay Scales.
The
question of parity, as has been rightly pointed out by 7th CPC, is a
settled matter. It is the Department of Personnel which is the Cadre
Controlling department of Central Secretariat Cadre that unsettle the
parity every time. What is required is to grant higher pay scale at par
with Ministerial and Stenographer cadres of Central Secretariat and the
similarly placed cadres in the field and subordinate offices and
lA&AD & Organized Accounts cadre.
15. Counting of
Pre-appointment induction training period as qualifying service for
grant of financial up-gradation under MACP Scheme.
As per
MAP orders "service rendered on ad-hoc contract basis before regular
appointment on pre appointment training shall not be taken into
reckoning as qualifying service for financial up-gradation under MACPS".
It is requested that pre-appointment induction training period followed
by regular appointment may be reckoned as qualifying service for grant
of MACP, as it is already counted as qualifying service for the purpose
of increment.
16. Enhancement of Bonus Ceiling Limit of
Casual Labourers consequent on enhancement of Bonus Calculation Ceiling
of Central Government Employees.
At present, casual
labourers are paid Rs,12001- as maximum bonus. This amount was fixed
when the bonus calculation ceiling of Central Government employees was
enhanced to Rs.35001-. As the bonus calculation ceiling of Central
Government employees is enhanced to Rs.7000/-, it is requested that the
ceiling of casual labourers may also be enhanced.
17.
Grant of Corresponding 7th CPC Pay Scale to those officials who are
appointed on compassionate grounds and drawing pre-revised pay )with out
grade pay) for want of matriculation qualification.
As
per DOP&T orders, those compassionate appointment candidates who do
not posses 10th Standard qualification are to be appointed in the
minimum pay scale (without grade pay) till they acquire 10th standard
qualification. The minimum pay of such candidates fixed as per 6th CPC
pay scale is yet to be revised. Action may be taken to revise the
minimum pay as per 7th CPC recommendations.
18. Implementation of 7th CPC recommendations - Upward revision of pay scales of various categories.
The
VII CPC has recommended up-graded pay scales to certain specific
categories of the Railway Staff, but regrettably the matter stands
referred to the DOP&T (GOI), for taking a comprehensive view in the
matter.
The categories which have been recommended up-graded pay scales are appended below:-
| S.No. | Post | Relevant Para of 7th CPC Report | VI CPC Grade Pay | Grade Pay recommended by 7th CPC |
| 1 | SSO (ACs)/Sr. Traveling Inspector (A/Cs)/Sr.Inspector (stores A/cs) | 11.40.83 | Rs.4800 | Rs.5400 (PB-II) |
| 2 | Chemical & Metallurgical Asstt. | 11.40.124 | Rs.4200 | Rs.4600 |
| 3 | Chemical & Metallurgical Supdt. | 11.40.124 | Rs.4600 | Rs.4800 |
| 4 | Asstt. Chemist & Metallurgist | 11.40.124 | Rs.4800 | Rs.5400 (PB-II) |
It
may be appreciated that, 7th CPC has recommended above mentioned
upgrade pay scales to these categories of staff after examining in
detail their recruitment qualifications, nature of duties and vertical
and horizontal relativity, while these recommendations of 7th CPC should
have been implemented by the Ministry of Railways without any reference
to DOP&T (GOI), but the same were referred to DOP&T for taking a
view.
since sufficient time has already been elapsed, it is urged
that, necessary reply of the DOP&T in regard to the above should be
communicated to the Ministry of Railways, so that these recommendations
of 7th CPC are implemented in the Railways without any further delay.
19. Acute shortage of doctors in the Railways - Failure of the UPSC to send doctors in the Railways.
The
patients visiting to Railway Hospitals and dispensaries are a dejected
lot as there is acute shortage of staff and doctors. The hospitals and
dispensaries are running inadequate strength of doctors against the
sanctioned strength. Railway hospitals have a barren look as the
treatment centre, meant for providing medical service to departmental
staff and their family members, miserably fails to serve its purpose due
to acute shortage of doctors. The situation is worsening day by day.
As
against the large number of doctors recruited through UPSC for the
Indian Railways, only a few are joining for the reason that they are not
getting their choice place of posting. They are also not able to do
their higher studies for which they often leave their jobs. Govt, of
India should formulate policy in this regard. UPSC should also recruit
specialist Doctors as per policy for the Indian Railways for
up-gradation of health services over the Indian Railways. Possibilities
should also be explored by the Government to have their dedicated
Medical colleges on the Indian Railways, so that after training they
could be retained for the Railways as is being done by the AFMC, Pune.
20. Implementation of pay scales recommended by the VII CPC in case of several common categories.
The
7th CPC in Chapter 7.7 of its recommendations have recommended specific
pay scales for certain "Common Categories". Pay Scale recommended for
Medical Laboratory Staff have been specifically dealt under Para 7.7.25
to 7.7.30 of 7th CPC Report. Government of India have already accepted
these recommendations of the VII CPC and the same are to be implemented
by the Ministry of Railways (Railway Board). There appears to be some
confusion prevailing on this issue in regard to implementation of these
recommendations of the VII CPC in respect of Medical Laboratory Staff.
staff
Side, therefore, desires that the pay scales and nomenclature of the
revised posts of Medical Laboratory Staff, as recommended by the VII CPC
under Para 7.7.29 of Chapter VII, be implemented w.e.f 1.1.2016 with
all Consequential benefits as deep sense of frustration is prevailing
among these staff who are fully engaged in pathological investigation of
the railway patients for their proper diagnosis.
21. Recommendations of the VII CPC on the Allowances.
i)
The VII CPC under Para 11.40.50 (Page No.738 of the report) has
recommended special train controllers allowance of Rs.5,000 p.m. to the
Train Controllers.
ii) Under Para 8.10.75 (Cell Name: R3H2) of
their report, the VII CPC has recommended for RHA of Rs.2,700 p.m. to
Track Maintainers/Trackmen./
iii) Special Running Staff Allowance (Para 11.40.62, Page No.740 of the VII CPC Report).
Loco pilot (Mail & Express ) Rs.2,250 p.m
Motormen Loco pilot (Passenger) Rs.1,125 p.m
Loco Pilot (Goods) Rs. 750 p.m
Guard (Mail & Express) Rs.1,125 p.m
Guard (Passenger) Rs. 750 p.m.
As
per VII CPC report, Dearness Allowance will be payable on this
allowance. This allowance also be extended to Loco shunter, guard
(Goods) and Asstt. Loco pilot.
Additional Allowance, so paid to Running Staff,be counted for the purpose of pensionary benefits.
Affiliates
are advised to circulate the above issues among cadres and also convey
inpurs on each item which may be useful for discussion in the standing
committee meeting of NC/JCM.
Yours fraternally,
(Dr.M.Raghavaiah)
General Secretary.
Signed Copy
