CENTRAL PRESIDENT & CEC Members IRTSA MEET ADDITIONAL MEMBER / STAFF AT ICF

On 8.07.2011 M.Shanmugam, Central President/IRTSA met Sri.P.K.Sharma, Additional Member Staff, Railway Board during his visit to Chennai - along with K.V.Ramesh, Zonal Secretary/ICF, V.P.Abdul Salam, Zonal Secretary/S.Rly, B. Inbanathan, P.Ramraj, R.Venkataraman Sr.Vice Presidents, Boominathan, Chinnasamy, Vice Presidents, Malik Basha Div Secy/Fur, V.B.Narayanan, Div Secy/Shell and other office bearers of IRTSA.

In a brief and focused meeting M.Shanmugam highlighted to the AM/Staff about the severe anomaly in the of Grade Pay of JE, up-gradation of SSE, CMS & CDMS grade pay to Rs.5400 and the need and justification in sending a separate proposal to Finance Ministry for this category, Grant of Group-B Grazetted status to the Senior Supervisors, denial of stepping up of Pay to a small group of JEs at ICF, etc.

While thanking the Railway Board for granting the long awaited First class pass to all JEs he requested AM/Staff for the early issue of orders on eligibility for Residential Card pass, School cheque pass, etc in line with the eligibility of Privilege & Duty Pass.

Power Point presentation on the main demands of IRTSA and on the issue pertaining to stepping up of Pay to a small group of JEs at ICF were also handed over to the Additional Member/Staff and he assured to deal with the issues favourably.

Long Live IRTSA
K.V.RAMESH
Zonal Secretary/IRTSA/ICF

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Presentation Transcript
For The Kind Attention of Sri.P.K.Sharma AM/Staff : For The Kind Attention of Sri.P.K.Sharma AM/Staff Heart Burning Problems of Technical Supervisors / Rail Engineers Presented by INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION IRTSA 08.07.2011

Presented during AM/Staff’s Visit to Chennai : Presented during AM/Staff’s Visit to Chennai Presented by INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION ICF - UNIT K.V.RAMESH M.SHANMUGAM Zonal Secretary Central President

Main Demands: Main Demands Junior Engineers Grade Pay shall be increased from Rs.4200 to Rs.4800. Senior Section Engineer Grade Pay shall be increased from Rs.4600 to Rs.5400 in PB-3. SSE, CMS, CDMS be classified as Group-B (Gazetted). Grant of Grade Pay of Rs.5400 in PB-3 to CMS & Grade Pay of Rs.4800 in PB-2 to CMA on Indian Railways.

Slide 4: Junior Engineers Grade Pay shall be increased from Rs.4200 to Rs.4800

SUPERVISOR & THE SUPERVISED PLACED IN SAME GRADE PAY : SUPERVISOR & THE SUPERVISED PLACED IN SAME GRADE PAY JE & Sr.Technician both placed in same GP of Rs.4200 . This is totally in violation on principle of natural justice as well as against the settled law (by the Apex Court) that an “equal cannot be over an equal” – in keeping with the provisions of Article 39 of the Constitution of India

SCPC recommendations violated: SCPC recommendations violated Para 2.2.11 of Sixth Pay Commission Report “Grade pay will determine the status of a post with (apart from the two apex scales of Secretary / equivalent and Cabinet Secretary/equivalent that do not carry any grade pay) a senior post being given higher grade pay. Grade pay being progressively higher for successive higher posts , the employees on promotion will get monetary benefit on promotion in the form of the increased grade pay apart from the benefit of one additional increment.

Various courts rejected the existence of the feeder & promotion posts in the same pay. : Various courts rejected the existence of the feeder & promotion posts in the same pay. Para 2.2.2 of Sixth Pay Commission Report Although Department of Expenditure issued orders that existence of the feeder and promotion posts in the same pay scale will not constitute an anomaly, however, these orders have consistently been rejected by the various courts of this country

SCPC evolved a system to address the anomalies : SCPC evolved a system to address the anomalies Para 2.2.2.i. of Sixth Pay Commission Report To evolve a new system of pay scales that would effectively address most of the existing anomalies. SCPC recommended distinct Grade Pay for JE & Sr. Technician to remove the existing anomaly of both in the same pay of Rs.5000-8000.

Upgradation not extended to Supervisors: Upgradation not extended to Supervisors Rightly Government upgraded the Grade Pay of Sr. Technicians to Rs.4200 – the apex scale for the Technician category. But the upgradation was not extended to the next higher grade of JE which allows the continuation of the anomaly of Supervisor paid equal to the Supervised and promotion happening in the same scale.

Rly Board’s letter become void: Rly Board’s letter become void Railway Board letter No.E(NG)I/99/PM&/3 dated 22.5.2005, on Filling up of JE Gr-II in Scale Rs.5000-8000 consequent upon the implementation of V Pay Commission scales of Pay. Para 3(v) states that “The work of Sr. Technicians in grade Rs.5000-8000 will be supervised by JE Grade –I scale 5500-9000 instead of JE-II scale Rs.5000-8000. By keeping both Sr. Technician & JE scale in the same Grade Pay the Natural Justice of “equal cannot be over an equal” is again violated .

Slide 11: Senior Section Engineer Grade Pay shall be increased from Rs.4600 to Rs.5400

Factors contributing to the perpetration of injustice to SSE: Factors contributing to the perpetration of injustice to SSE Higher recruitment qualification, longer initial training, higher responsibilities shouldered by these categories ignored by the 6th Pay Commission. Existing relativity has been disturbed vis-à-vis Accounts Staff & Para-Medical (Nursing Cadre) in spite of higher qualifications and longer period of training and intensive job requirements. Fifth CPC had denied application of multiple factor of 3.25 only to S-13 scale .

Factors contributing to the perpetration of injustice to SSE: Factors contributing to the perpetration of injustice to SSE Increase in Duties & responsibilities of Technical Supervisors due to modernization, introduction of high speed trains & numerous other factors have all been ignored Multifaceted duties & responsibilities, stringent punishments for any shortcomings, tough selection procedure - which requires knowledge in all the fields of Railways - were not considered. While for other categories the work has eased due to modernization, the duties and responsibilities of the Technical Supervisors had increased manifold .

Multifaceted Responsibilities Attracts more punishment – Tough selection : Multifaceted Responsibilities Attracts more punishment – Tough selection Technical Supervisors have multifaceted Duties & responsibilities along with main Technical duties which decide the performance level & public face of Railways. They are responsible to look after train & passenger safety, customer complaints, accidents, punctuality, utilization of resources and working conditions, etc. They get stringent punishment for any lapses. Being taken up for lapses in non-technical duties also like pay distribution, Stores procedure, Factories Act, HOER, Pass Rules, etc. Syllabus for selection to the next promotion covers all fields in Railways right from budgeting to scrap disposal – besides of course all the technical areas. No such accountability, punishments or tough selection procedures are there for the highly paid categories of Nurses, Teachers and Accounts

Slide 15: All posts of Senior Technical Supervisors in the Grade pay of Rs.4600 Senior Section Engineers (SSEs) Chemical & Metallurgical Superintendents (CMS) & Stores Engineers Chief Depot Material Superintendents (CDMS) BE CLASSIFIED IN GROUP B (GAZETTED)

No Career Progression: No Career Progression Technical Supervisors is the only category on the Railways joining which gets just one promotion in their entire career after joining as JE (Junior Engineers) with 3 years Diploma in Engineering as recruitment qualification & 1&1/2 years of induction Training. Those joining as SSE (Senior Section Engineers) with Engineering Degree (B.E. / B.Tech) and 1 year induction training - are not assured of even one promotion in their entire career. Similar is the case with CMA & CMS of Lab and DMS & CDMS of Stores

Low Group-B Posts in Railways: Low Group-B Posts in Railways CENSUS OF CENTRAL GOVERNMENT EMPLOYEES In the Central Government service the overall ratio of Gazetted to Non-Gazetted employees is 1:22. In Ministry of Railways, ratio, however, was 1:116.

CAT JUDGEMENT IGNORED : CAT JUDGEMENT IGNORED CAT New Delhi - (in O.A. No: 835 of 1989, T.A. No: 199 - Indian Railways Technical Supervisors' Association – Versus - Union of India) – had held the existing classification of Senior Technical Supervisors in Group-C as anomalous and had directed the respondents to reconsider the matter for placing the members of the Association in the (then existing) Scales of Rs.2000-3200 and Rs.2375-3500 in Group-B as has been done in the case of other Government servants like Accounts Officers (Rs.2375-3500) on Railways and Stenographers Grade Rs.2000-3200 in the Central Secretariat in the same scales. Railways did not accept the spirit of the said judgement of the CAT.

RECOMMENDATIONS OF RAILWAY ACCIDENT INUIRY COMMITTEES & RAILWAY REFORMS COMMITTEE IGNORED : RECOMMENDATIONS OF RAILWAY ACCIDENT INUIRY COMMITTEES & RAILWAY REFORMS COMMITTEE IGNORED Railway Accident Inquery Committees (RAIC) had recommended for upgrading of Senior Supervisors to Group-B Gazetted RRC (Railway Reforms Committee) had recommended that a Diploma Holder (joining as Junior Engineer) should be able to get promoted up to Junior Administrative (JA) Grade. But it is unfortunate that the Railways did not accept either the recommendations of the RAIC or the recommendations of the RRC

RECOMMENDATIONS OF ALL THE PAY COMMISSIONS & ORDERS OF DoPT IGNORED : RECOMMENDATIONS OF ALL THE PAY COMMISSIONS & ORDERS OF DoPT IGNORED Pay Commission Scale recommended for Gr-B Tech. Supervisor’s Scale Third CPC Maximum of the scale not less than Rs 900 but less than Rs 1300 Rs 700-900 for then Dy.SS Fourth CPC Maximum of not less than Rs.2900 - but less than Rs.4000 Rs 2000-3200 for then SE Fifth CPC Maximum of pay scale is not less than Rs.9000 and but less than Rs.13500 Rs.5500-9000 for then JE-I Sixth CPC Posts in the GP Rs.4200 Rs.4200 GP for JE Rs. 4600 GP for SSE

Full Board’s Decision suspended : Full Board’s Decision suspended During the year 2002 Railway Board agreed to upgrade the posts in the pre-revised scale of Rs.7450-11500 (now in Grade Pay Rs.4600 after Sixth CPC) to Group-B gazetted and directed the Establishment Directorate to make a quick review to reduce the number of streams. But the matter did not proceed further from there onwards.

COMMITMENT TO FEDERATIONS KEPT IN SUSPENDED ANIMATION SINCE LONG : COMMITMENT TO FEDERATIONS KEPT IN SUSPENDED ANIMATION SINCE LONG Railway Board had long back agreed and assured the two Federations, to upgrade at least some (15%) of the posts in the pre-revised scale of Rs.7450-11500 (now in Grade Pay Rs.4600 after Sixth CPC) to Group-B Gazetted. But the matter did not proceed further from there onwards

TALENTED YOUNGSTERS AVOIDING JOINING RAILWAYS : TALENTED YOUNGSTERS AVOIDING JOINING RAILWAYS With virtually no career planning and hardly any avenues of promotion even till retirement, no new recruits with merit is aspiring to join the Railways as a Technical Supervisor. This will become a major handicap for the Railways in the future thereby adversely affecting safety and efficiency on the Railways

C&M Supervisors : C&M Supervisors Pay scales of CMS may please be upgraded to granted the Grade Pay of Rs.5400 in PB-3 CMA-I (Pre-revised) may please be upgraded as CMS in Grade pay of Rs.5400/- keeping in view the principle adopted by the Sixth Pay commission vide Para 3.4.7 of the Report. Pay scale of CMA may please be upgraded to granted the Grade Pay Rs.4800

PRINCIPLE SET FORTH BY SIXTH CPC & ACCEPTED BY THE GOVERNMENT – IGNORED IN CASE OF CMA-I(Pre-revised) : PRINCIPALLE SET FORTH BY SIXTH CPC & ACCEPTED BY THE GOVERNMENT – IGNORED IN CASE OF CMA -I(Pre-revised) Vide Para 3.4.7 of Sixth pay commission recommended that “all posts in Subordinate Engineering cadres carrying minimum qualifications of a degree in engineering and having an element of direct recruitment should be placed in the running Pay Band PB-2 of Rs 8700-34800 (since improved by GOI as Rs.9300-34800) along with the grade pay of Rs.4600 corresponding to the pre-revised pay scale of Rs.7450-11500.” This recommendation of the Sixth Pay Commission has been overlooked in the case of CMA-I(Pre-revised) who have a minimum recruitment qualifications of a Degree in Engineering but are placed in PB-2 Grade Pay of Rs 4200 instead of Grade Pay 4600 corresponding to the pre-revised pay scale of Rs.7450-11500. .

DISTURBANCE OF EXISTING RELATIVITY BY SIXTH PAY COMMISSION : DISTURBANCE OF EXISTING RELATIVITY BY SIXTH PAY COMMISSION It is unfortunate that both 5th and 6th pay commissions had undermined the significance and sensitiveness of the work content of the C&M Supervisors, their duties, responsibility and accountability in the system. Many important factors and criteria like ‘higher professional qualifications’, ‘greater responsibilities’, ‘efficiency’ as well as ‘accountability towards safety’ of the Railways were just ignored by the Fifth and Sixth Pay Commissions. C&M Supervisors have been placed even below the supporting staff like the Nurses, Teachers and Accounts Staff – (which were earlier in lower pay scales - but were placed even two grades higher than the C&M Supervisors) Thereby, not only disturbing the existing relativity but seriously undermining their role and status.

Thank You: Thank You Presented

by K.V.Ramesh Zonal Secretary / IRTSA,ICF rameshirtsa@yahoo.co.in , 09003149578, 09444100842 Er.M.Shanmugam Central President/IRTSA No.4, 6 th Street, TVS Nagar, Padi, CHENNAI – 50. Mobile: 09443140817 cpirtsa@yahoo.com

Presentation Transcript

For The Kind Attention of Sri.P.K.Sharma AM/Staff Denial of Stepping up of pay for JE’s (Year 1994 Batch): For The Kind Attention of Sri.P.K.Sharma AM/Staff Denial of Stepping up of pay for JE’s ( Year 1994 Batch) INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION IRTSA 17.06.2011

Denial of Stepping up of pay for JE’s on Absorption of same RRB panel: Denial of Stepping up of pay for JE’s on Absorption of same RRB panel Stepping up of pay denied for a group of around 54 JEs out of 224 during the implementation of V CPC recommendations Which needs to be rectified.

Brief: Brief 224 Apprentice Mechanics were recruited in the year 1994, Vide RRB panel No.RG/ICF/3, dated 19.05.1994. For administrative convenience they were sent for training in two separate batches. First batch appointed prior to 1.1.1995 were absorbed on completion of training after 1.1.1996 fixed the pay of Rs.5000 (Rs.5000-8000 in V CPC scale). Second batch who were juniors appointed after 1.1.1995 were absorbed on completion of training after 1.1.1997 were given the pay fixation of Rs.5150 w.e.f. 1.1.1996. Seniors joined earlier have been put to serious disadvantageous position.

Fixation of Pay for Apprentice Mechanic on absorption: Fixation of Pay for Apprentice Mechanic on absorption IV Pay Commission Scale On successful completion of training of two years fixed the pay of Rs.1480 (Rs.1400-2300) . After implementation of V Pay Commission Scales On successful completion of training of two years fixed the pay of Rs.5150 & Rs.5300 – for late joiner) . (Rs.5000-8000)

Board’s letter No. E(NG)I/IC1/1, dated 4.2.1991 : Board’s letter No. E(NG)I/IC1/1, dated 4.2.1991 Training period of Apprentices shall be treated as duty for the purpose of drawing increments. To ensure parity between the incumbents of technical jobs with training & non-technical jobs with out training recruited in same scale of pay. This eliminates the perpetual loss to the incumbents of technical jobs with long training period .

Pay fixation of App. Mech. Appointed through same RRB panel: Pay fixation of App. Mech. Appointed through same RRB panel A B C Date of appointment as App.Mech 01.08.1994 01.12.1994 02.01.1995 Pay fixation as on 1.1.1996 Rs.1440 (IV PC) Rs.5000 (V PC) Rs.1440 (IV PC) Rs.5000 (V PC) Rs.1400 (IV PC) Rs.5000 (V PC) Pay as on 02.01.1996 Rs.5000 Rs.5000 Rs.5150 (increment due on 2.1.96) Date of absorption- JE 01.08.1996 01.12.1996 02.01.1997 Pay fixed on absorption Rs.5150 Rs.5150 Rs.5300 Pay as on 02.01.97 Rs.5150 Rs.5150 Rs.5300

Clarification to Rly Board by ICF – 13.02.2004: Clarification to Rly Board by ICF – 13.02.2004 CPO, ICF communicated the staff side demand of awarding stepping up based on the RRB merit seniority irrespective of trade (individual seniority unit assigned after the completion of training) whether the junior is working in the same seniority unit or not – which was not accepted by ICF administration. Rly Board in its reply (N0.PC.V/99/I/6/8, Dated 26.07.2004) said that, stand taken by ICF is in order and stepping up of pay to different seniority units are not applicable. Based on board’s clarification pay of the some senior JEs of same panel were re-fixed on par with their juniors in some trades where the Juniors were available. Around 54 senior JEs were left out since no Juniors were available in their trade (seniority unit).

Clarification to Rly Board by ICF – 02.07.2005: Clarification to Rly Board by ICF – 02.07.2005 CPO, ICF after detail explanation about the case, communicated the staff side demand of eliminating the discrimination on pay fixation of the employees selected through same panel, joined on various dates for administrative convenience. Staff side demanded to extend the benefit of pay fixation to left out seniors of same RRB panel treating them equal to restore Principle of Natural Justice as it occurs with no fault of them . Rly Board in its reply (N0.PC.V/99/I/6/8, Dated 23.09.2005) said that stipend of apprentices have been revised w.e.f 1.1.98 only therefore on completion of training, after giving notional increment in the pre-revised scale pay of Junior JEs who were observed after 1.1.96 would be fixed in the revised scale at Rs.5000 instead of Rs.5150 – thus there would be no anomaly.

Basic sprit defeated : Basic sprit defeated But board’s reply defeated the very basic sprit of Board’s letter No. E(NG)I/IC1/1, dated 4.2.1991 of including the training period for the purpose of increment, to ensure parity between the incumbents of technical jobs with training & non-technical jobs with out training recruited in same scale of pay. And to eliminate the perpetual loss to the incumbents of technical jobs with long training period.

Illustration showing Pay fixation of Staff with Trg and with out Trg.: Illustration showing Pay fixation of Staff with Trg and with out Trg. A* B* C* D Staff with out Trg Date of appointment as App.Mech 01.08.1994 01.12.1994 02.01.1995 02.01.1995 Pay fixation as on 1.1.1996 Rs.1440(IV PC) Rs.5000 (V PC) Rs.1440(IV PC) Rs.5000 (V PC) Rs.1400(IV PC) Rs.5000 (V PC) Rs.1400(IV PC) Rs.5000 (V PC) Pay as on 02.01.1996 Rs.5000 Rs.5000 Rs.5150 (increment due on 2.1.96) Rs.5150 (increment due on 2.1.96) Date of absorption- JE 01.08.1996 01.12.1996 02.01.1997 02.01.1997 Pay fixed on absorption Rs.5150 Rs.5150 Rs.5300 Rs.5300 Pay as on 02.01.97 Rs.5150 Rs.5150 Rs.5300 Rs.5300 __________ Staff with training __________ * Fixation as per Board’s letter No. E(NG)I/IC1/1, dated 4.2.1991

Clarification to Rly Board by ICF – 17.08.2006: Clarification to Rly Board by ICF – 17.08.2006 CPO, ICF highlighted the contradiction of Board’s reply dated 23.09.2005 to the Board’s letter No. E(NG)I/IC1/1, dated 4.2.1991 and the perpetual disadvantage to the employees appointed with formal training against the employees appointed with out training. Accounts department of ICF also observed that pay fixation of App. Mechanics were fully in accordance with the extend orders and any revision at this stage shall cause the disparity between staff of technical and non-technical. Candidates who were selected in the same batch joined on various dates i.e some prior to 1.1.1995 and some after 1.1.1995 for the administrative convenience.

Slide 12: Continued …. Allotment of trades (seniority unit) are also incidental and finalized by the administration. During this period the RRB merit position is more relevant in comparison with the trade seniority. Whether may be extended to the affected employees based on their RRB merit position. But with out understanding the basic sprit behind the CPO’s clarification Board in its reply (N0.PC.V/99/I/6/8, Dated 21.12.2006) advised to follow the letter dated 23.9.2005 and apprenticeship is considered as pre-appointment in nature.

Latest Clarification to Rly Board by ICF – 6.05.2010: Latest Clarification to Rly Board by ICF – 6.05.2010 Dy.CPO/ICF after explaining the background of the case once again with illustration. All the employees of the same panel has to be treated as equal to render natural justice. The verbatim view of Finance is “the proposed reference to Rly Board for their consideration to resolve the anomaly in pay fixation of apprentice mechanics who were appointed through RRB and were training on 1.1.1996 in the V CPC scales with reference to V CPC orders and Board’s letter no dt 4.2.1991 is agreed to finance views communicated earlier on 27.7.2006 may be reiterated in the reference Board.

Slide 14: Continued …. Finance have stated in their letter dt 8.4.2003 that with due consideration to the points of RRB seniority, assignment of trades and late joining of the juniors is only fortuitous, it is also principally in agreement to administration’s efforts to set right the anomaly. Board was requested to consider the request of the affected employees for extending the benefit based on RRB merit position. Again with out considering the new light thrown on the subject and word of approval from personal and finance departments of ICF, Railway board in its reply dated 28.2.2011 stick to its old stand mentioned in its letter dated 23.09.2005.

Demand: Demand Railway Board is requested to remove the anomaly created to its own letter No. E(NG)I/IC1/1, dated 4.2.1991. Perpetual injustice meted out to the directly recruited senior RRB candidates may please be rectified by granting them Rs.5150 w.e.f 1.1.1996. This only will ensure the parity between the incumbents of technical jobs with training & non-technical jobs with out training recruited in same scale of pay and also eliminates the perpetual loss to the incumbents of technical jobs with long training period.

Slide 16: Presented by Er.M.Shanmugam Central President/IRTSA No.4, 6 th Street, TVS Nagar, Padi, CHENNAI – 50. Mobile: 09443140817 Email: cpirtsa@yahoo.com Thank you