MEMORANDUM SUBMITTED TO SHRI SACHIN PILOT, HON’BLE MINISTER OF STATE FOR COMMUNICATIONS & INFORMATION TECHNOLOGY ON 21.01.2012

MEMORANDUM SUBMITTED TO SHRI SACHIN PILOT, HON’BLE MINISTER OF STATE FOR COMMUNICATIONS & INFORMATION TECHNOLOGY ON 21.01.2012

JOINT COUNCIL OF ACTION

NATIONAL FEDERATION OF POSTAL EMPLOYEES

FEDERATION OF NATIONAL POSTAL ORGANIZATIONS

ALL INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION

NATIONAL UNION OF GRAMIN DAK SEVAKS

NEW DELHI

Ref: PJCA/GENL/2012                                                                                         Dated – 21.01.2012

To,

SHRI SACHIN PILOT

Minister of State for

Communications & Information Technology

Government of India, New Delhi - 110003

Respected Sir,

We record our immense pleasure for the kind gesture of the Hon’ble Minister of State for Communications & I. T. for arranging an interview with the staff unions to discuss the pending issues.

We record our sincere thanks to the Hon’ble Minister and we assure our fullest cooperation in the improvement of service to public. We further desire to bring the following issues which are pending for a long to the kind notice of Hon’ble Minister requesting his kind intervention for the mitigation of the same.

1.      Issue relating to Gramin Dak Sevaks

The following long pending issues of the three lakhs Gramin Dak Sevaks may kindly be considered favourably.

(a)   Grant of civil servants status for all purposes.

(b)   25% outside quota recruitment in Postmen promotion may be withdrawn.

(c)    Enhancement of Bonus ceiling to Rs.3500/- at par with regular employees.

(d)   Revision of tightened norms for cash handling etc.

(e)   Stop reduction of existing allowance (TRCA) and grant full protection.

(f)     Review of the tightened norms for compassionate appointment.

(g)   Scraping of the newly notified “GDs Conduct and Engagement Rules” and restore previous “GDS Conduct and Employment Rules”.

(h)   Counting of GDS service for pension on promotion to the post of postmen and Group ‘D’ (MTS).

2.   Grant of Minimum Pay to the casual labourers working in postal department and regularization.

Despite crystal clear orders in existence to grant the minimum of Group ‘D’ Pay on pro-rata basis to the casual labourers as per the Sixth CPC report, it has not been extended so far to the casual, part-time, contingent employees working in the Postal department. There is an inordinate delay in releasing the orders. In all other departments pro-rata payment has already been made in the year 2008 itself. Notwithstanding the implementation of the recommendations of the committee on casual labour issues constituted by the Postal Board, it is requested to cause immediate orders to pay the minimum of the pay to the casual labourers w.e.f. 1.1.2006. Action may also be taken for regularization of the service of casual, part-time, contingent employees.

3.     Regularization of RTP Services and ending the discrimination between the restwhile RTPs

(i)                As per the Directorate letter dated 19.4.96, the implementation of the Ernakulam CAT judgment granting the past RTP service as regular service for all purposes was restricted only to the applicants of the O.A. This is against to the decisions of the various judicial pronouncements that the benefits should be extended to the similarly situated persons.

(ii)             During 1970 to 1974, even the pre training services of certain officials engaged as postal clerk were regularized. The RTPs were trained and utilized full time in the clerical posts to manage all the works of the post office. They were recruited only under the Postal Assistant recruitment Rules and no separate recruitment rules were framed at this time.

(iii)            The CAT, Chennai held that the services rendered by the ex RTPs at APS shall be counted as qualifying services for all purposes. The Chennai High Court, on appeal by the department has upheld the decision of the CAT in WP no 37117 to 37119 of 2002 and directed the department to extend the benefits. Based on this the service rendered by RTP was regularized for several APS RTPs.

(iv)            In another case, the Apex court under Civil Appeal No.5739 of2005 filed by Sri M. Mathivanan, Postal Asst, Cuddalore division upheld the decision of extending the benefits and dismissed the appeal filed by the department with costs. Several APS RTPS were regularized based on this also.

(v)             The Directorate has directed the Circle Heads to collect, compile and furnish details of ex-RTPs deputed to APS to consider for extending the benefits to all similarly situated persons. There after there is no action in this regard.

(vi)          The Mumbai High Court has also delivered favourable judgment in this regard on 31.8.2010.

(vii)         When the issue was earlier taken up through the Minister of State by our union, the department has called for the particulars about the RTPs from all circles vide its letter no 44-1/2011- SPB II dated 13.01.2011.

(ix)          We are not demanding the wages for the past periods and only seeking the service be taken for promotion. This will not affect any one’s seniority since during 1983 to 1989, there was no recruitment due to ban in filling up of vacant posts. By construing their service, they will get their LSG and other promotions earlier which will not have any financial benefits to them since all of them, by that time will be in Pay Band II. If their services of RTP are taken for MACP, they will get some monetary benefits for which also there is no provision in the existing rules.

Since this will not have any financial implications, it is requested to kindly consider the same without sticking to the Apex Court judgment issued in 1986 in different context in this case by brushing side the bare facts of justification and other subsequent judgments.

4. Creation of System Administrators cadre & extend other facilities

A rapid modernisation takes place in the department and around 1872 crores have been allotted for further extension of modernization. To modernize the existing Post offices, the role of the existing System Administrators are laudable. They are working from dawn to dusk for the efficient functioning of Pos in computers. But for their active involvement, the modernization of Postal Services could not be possible without incurring any expenditure to the department in the initial stage. Most of the softwares were developed by these section of employees. Now the Department is stating that creation of system Administrator posts is not viable. We have already dropped the demand of creation of System Administrators which carry 5400 Grade Pay as there is no full time justification for such post. ‘System Assistant’ cadre with Grade Pay of Rs.4200/- is in existence in other Government departments. Similar kind of System Assistant cadre may please atleast be created in the department and all the existing personnel may please be absorbed in the existing vacancies since the role of these Technocrats are very much essential for the maintenance of computers & software.

5.   Revision of OTA rates and stop recovery of OTA paid to the officials who are engaged compulsory on OTA overlooking the pay ceiling.

At present, over time Allowance is being paid at the rate of Rs.15.85 per hour which was fixed by the Fourth Pay Commission in 1987. There was to revision eventhough the committee of secretaries to look into the OTA issue has decided to continue the scheme of OTA without revising the rate of OTA. In the Railways the rate has already been revised. Further  the pay ceiling as fixed by 4^th CPC as Rs. 2200/- P.M. has not also been revised. As per the new pay, almost all crossed the ceiling amount and they have been ordered to perform OTA compulsory and in many cases they have been charge sheeted for not performing OTA. The meager amounts paid at the rate of Rs. 15.85 has also been recovered subsequently. In all the departments, except Postal, the OTA rates have been revised.

It is therefore requested to kindly cause action to revise the OTA rates and waive the OTA amount already paid based on the duty performed due to unscientific application of OTA ceiling fixed by the 4^th CPC.

6.      Grant of cash payment for uniforms and kit items for Postmen, Mailguard, MTS/Group ‘D’

At present the quantity of the uniform supplied is not good. Abnormal delay is also taking place. Action may be taken for cash payment for uniforms and kit items.

7.      Delay in filling up of vacancies in all cadres especially in Postal civil wing and Postal Accounts and Postmen cadre.

(a)              Even though Government has lifted ban on filling up of vacant posts in 2009 iteself, the recruitment process for filling up of vacant posts in civil wing and Postal Accounts are yet to be completed. Postmen posts are also lying vacant due to non-conducting examination. Action for filling up vacant posts in their cadres may also be expedited.

(b)              Further it is requested to take action to revive all the 2/3^rd vacant posts kept in skeleton for the period from 2005 to 2008. In metro cities/sub urban areas additional justified Postmen post may be created. Action may also be taken to fill up all MTS posts.

8.      Decentralisation of PLI/RPLI work

It is requested to roll back the decentralization of PLI/RPLI work.

9.  Extend Apex court Judgement in the case of Relaxation of Recruitment Rules (RRR) candidates to all approved candidates awaiting absorption

It is requested to kindly extend the benefits already provided to RRR candidates of Tamilnadu circle to the similarly situated candidates, They are praying mercy and fair play from the Minister as they are being continuously engaged over 14 years and there is no chance for any employment at this stage.

10.  Convening the 11^th Meeting of Postal Service Staff Welfare Board

The Hon’ble Minister of State for communication & IT has fixed to 11^th meeting of postal services Staff Welfare Board on 05.04.2011 for discussions on 27 items in the agenda which was subsequently postponed. Almost all the items placed in the agenda are pertaining to the welfare of the staff. We request the Hon’ble Minister to convene the meeting and decide the items as notified in the agenda as welfare measure to Postal staff.

11.  Counting of Special pay to PO & RMS Accountants on TBOP promotion

For implementation of High Court, Karnataka judgment in W.P. No. 7593/2003 dt. 18.11.2010 on this issue, the Ministry of Law has opined that this is not a fit case by way of filing SLP before Apex Court. However, the Directorate has sought the opinion from all circles about filing SLP against Karnataka High Court orders. A kind attention is drawn to order 1 of Appendix 8 of FR & SR 1 which is stated inter alia: -

“The Special Pay would henceforth be termed as Special Allowance as recommended by 5^th CPC in para 109.5 of the report and would be granted as hitherto fore subject to same conditions as are stipulated in FR 9 (25)”

(Dept of per & Trg OM No. 4/4/97-Estt (Pay II) dt. 22.4.1998)

The Karnataka High Court has upheld the order of Ministry of Personnel granting special Allowance subject to the same conditions of special pay vide FR 9 (25). In the Draft memo circulated by Directorate to all Heads of Circles seeking their opinion, the following are not reflecting the facts of the case.

i)        In para 6, 3^rd line it has been mentioned that “special pay having been converted into special Allowance” ….. Whereas in Government order, “as per recommendations of 5^th CPC, special pay has been termed as Special Allowance.”

ii)      In para 6, 9^th line, it has been mentioned that “Payment of special pay was completely stopped,” – but the stoppage of special pay was not accepted by Govt. As per Vth CPC recommendations, the Special pay is now termed as Special Allowance and would be granted as hitherto are subject to same conditions as are stipulated in FR 9 (25)

Under these circumstances, it is not fair to move with SLP in this case as the DOPT vide its OM dated 22.04.1998 clearly stipulated that the special pay was now termed as special allowance subject to the same condition and as such the problem of pay fixation by taking Special Allowance can be sorted out.

It is therefore requested to kindly implement Karnataka High Court decision to all the similarly situated officials and render justice to the aggrieved officials.

12.  Recovery of alleged overpayment of pay and allowances to postman on account of fixation from the officials of Accounts branches of HPOs

The drawing & disbursing officers should not be made as scapegoats in this case.  According to Rule 87 of P&T FHB Vol I, any excess payment can be recovered at any time.  The Apex Court also confirmed that any excess paid due to administrative mistake, there is no rule which prohibits such recovery (Udaysankaran Vs. Union of India JT 1996 (4) SC).  The most pertinent point is that the Inspection Parties of ICI and Audit have approved and certified such drawal in many places.  There was confusion in interpreting the orders then for which Group C officials are becoming the victims.

On 13.1.09 The Secretary (P) assured to reconsider the issue and ensure no recovery on part of APM Accounts & Accountants. The Secretary observed as unfortunate in the case of Rule 14 initiated charges on the date of superannuation of Sri. V. V. Nargida, APM, Accounts Pune city as he did not pay Rs.727671.61 towards contributory factor for excess drawal to postmen on implementation of 5^th CPC orders.

Instead of filing SLP against the decision of the principal CAT, the department has resorted to imposing recovery on APM Accounts and Accountants for the excess drawal resultantly, many officials were charge sheeted and lakhs of rupees is being ordered as recovery. This is totally unjust and against to the natural justice. The Secretary during the talks held on 10.01.2012 has agreed to consider the issue on humanitarian angle.

It is therefore requested to kindly protect the innocent officials from the recoveries arbitrarily imposed in many circles.

13. Denial of three MACP benefits to the Promotees in the Department of Posts

As the promotion to Postal Assistant acquired by writing competitive examination is equated with one MACP promotion, the senior promotees even after acquiring 30 years of service in Postal Assistant cadre could not get the benefits of Rs.4600/- Grade Pay under MACP, where as their juniors are reaching the benefits without any hurdle.

Similarly the Group ‘D’ promoted to Postmen and then appeared for Postal Assistant examination and becoming Postal Assistant could avail only upto Rs.2800 Grade Pay whereas he was earlier availed 4200 Grade Pay under the BCR Scheme. This has caused a resentment among the postal employees and the officials may be discouraged in writing promotional examination if this anomaly is not sorted out. It is requested to kindly consider that in the case of promotees, if they completed 10 years service in the cadre continuously they shall be accorded MACP promotion with next grade Pay.

Further application of bench mark shall be deleted upto pay band II levels as in the Postal there is no provision of review of C. R. entries at divisional level and whatever be the entry made by the divisional superintendent, it becomes final. It is requested to consider deletion of bench mark application in case of officials up to pay band II level in the Department of Post.

14.  Stop harassing staff on Contributory factors for simple and flimpsy reasons by misusing the provision of unbecoming of Govt. servant’ deviating the rules contained in Volume II, FHB etc.

The Directorate guidelines issued vide letter No. 6/8/59-Disc dt. 09.7.1959, 25/44/60-Disc dt. 30.11.60 and 15-9/74-INV dt. 10.02.75 and subsequent orders are being violated and the officials are being proceeded under contributory negligence factors on flimpsy reasons and awarded with huge recoveries. The provisions contained in Rule 106,107,108 & 111 of Postal volume III and the provisions of honest errors can be condoned contained in Rule 204 A (1) Vol. II and the provision of Rule 58, Appendix 4 of FHB Vol. I in dealing of recovery have been totally ignored and sidelined.

The main intention of the Govt. while deciding the degree of an officer’s pecuniary liability , it will be necessary to look not only to the circumstances on the cases but also to the financial circumstances of the officer since it should be recognized that the tendency should not be such as to impair his future efficiency.

We placed this item in the Departmental Council for issuing proper guidelines in deciding, such cases. But it is constrained that the orders issued vide letter No. 14013/03/2010 – VP dt. 22.06.2011 does no mention about all the above said provisions and not a speaking one. Resultantly no one is showing any cognizance to such clarification and innocents are being harassed continuously.

In many cases, the officials at the verge of retirement are being charge sheeted and amount recovered making them as scope goats – The real culprit and main offender become scot free. The main offenders are being dealt with casually. In many places instead of initiating action to recover the amount from the depositors in respect of minus balances, straightaway charge sheets are being issued to recover the amount. The contributory negligence provisions is being misused as a tool against the innocent employees.

It is therefore requested to direct the department to kindly cause appropriate instructions by citing all the above said orders on the subject and to avoid misuse of the provisions.

We seek the intervention of benign Hon’ble Minister of State on the above said items for the immediate settlement of these problems for which we will ever be grateful.

We assure our fullest cooperation in the improvement of service and providing better customer satisfaction to the public.

 Courtesy: aipeup3chq.com

Tenure Posting of officials in single handed & double handed post offices

●Tenure Posting of officials in single handed & double handed post offices – Preventive Vigilance Measure.

D.G. Posts No. 8-4/2005-Inv dated 12^th January, 2012.

            Instructions were issued vide this letter of even No. dated 22.9.2005 to the effect that officials who have been posted as SPM /PA in single handed or double handed Post Offices irrespective of period of posting/completion of tenure should not be posted back to the same office after a break as is being done now. In other words officials of single handed and double handed post offices can have only one posting in such offices during their service period. The letter however vested powers personally with the CPMG/PMG for relaxation of the provisions only in respect of double handed post offices in a specific case if warranted by exceptional administrative exigencies.

2.         For quite some time past, this office has been receiving reports/representations expressing difficulties faced in the implementation of these instructions in respect of single handed SOs. As such it has been decided that the powers of the CPMsG/PMsG for relaxation in respect of double handed SOs if warranted by exceptional administrative exigencies would be applicable in respect of single handed SOs also.

POSTING OF APM ( ACCOUNTS )

As per Regional Office, Sambalpur memo no :- ST/RO/150-9/2011 dt.19.1.2012 the follwoing official posted as APM ( a/c ) cadre at Sambalpur Division noted below.

        1.   Sri. Nimai Charan Patel         APM ( A/Cs ) Sambalpur H.O.
  
        2.   Sri.Radha Krishna Maharana    APM ( A/Cs ) Bargarh H.O.

       Sri.Lambodar Biswal have been posted as APM ( A/Cs ) Nayagarh H.O.

Posted by :- P.K.Pujhari, DS, AIPEU, Gr-C, Sambalpur.

Constitution of Committee for Organizational restrurcturing in Department of Posts

Constitution of Committee for Organizational restrurcturing in Department of Posts

 Copy of Postal Directorate No. 33-1/2011-PE-II dated 17.01.2012 on the above subject is reproduced below:

The Competent Authority is pleased to constitute a committee as detailed below:

(i)               Sh. Ashutosh Tripathi, CPMG, MP Circle                     -           Chairman

(ii)               Dr. Y.P. Rai, DDG (RB&Pig.)                                          -           Member

(iii)              Sh. Salim Haque,DDG(P)                                              -           Member

(iv)              Sh. V.P.Singh,DDG(Estt.)                                                -           Member

(v)               Sh. Manish Sinha, DDG(PAF)                                        -           Member

(vi)              Ms. Kalpana Rajsinghot, Director(Estt &DE)              -           Member Secretary

2.             The terms of reference for this committee are:

·         To revisit the norms for creation of new Postal Division and Regions as wee as upgradation of Class II Divisions into Class I Divisions.

·         To study the feasibility of organizational restricting of fields formations (Circle and below) keeping in view the emerging needs for India Post in new socio-economic environment.

·         Review of norms for upgradation of Post Offices.

·         To study the feasibility of strengthening / creation of Postal Assistants/ Sorting Assistants posts in view of increased need of System Administrators.

·         Any other relevant issue as may be assigned by the Competent Authority later.

3. The time period of this Committee to submit its recommendations is three months.

STRIKE CALLED OFF

INDEFINITE STRIKE FROM 17.01.2012 CALLED OFF

Detail will be exhibited in website later on

P.K.Pujari

Divisional Secy.

AIPEU GROUP 'C'

Sambalpur Division

INDEFINITE STRIKE FROM 17TH LATEST POSITION Secretary, Department of Posts, and all other Postal Board Members held discussion again with the Central JCA leaders on 12.01.2012 for three hours from 6 PM to 9 PM. On major demands Postal Board has not changed their stand. Go ahead with the strike preparations .

Latest position of Indefinite Strike

INDEFINITE STRIKE FROM 17^TH LATEST POSITION

Secretary, Department of Posts, and all other Postal Board Members held discussion again with the Central JCA leaders on 12.01.2012 for three hours from 6 PM to 9 PM. On major demands Postal Board has not changed their stand. Go ahead with the strike preparations to make it a grand success.

Thursday 12 January 2012

JOINT COUNCIL OF ACTION

NATIONAL FEDERATION OF POSTAL EMPLOYEES

FEDERATION OF NATIONAL POSTAL ORGANIZATIONS

ALL INDIA POSTAL EXTRA DEPARTMENTAL EMPLOYEES UNION

NATIONAL UNION OF GRAMIN DAK SEVAKS

NEW DELHI

INDEFINITE STRIKE FROM 17TH JANUARY 2012

<!--[if !supportLists]-->· <!--[endif]-->Two rounds of discussion held on 27.12.2011 & 10.01.2012

<!--[if !supportLists]-->· <!--[endif]-->No Improvement on major demands

<!--[if !supportLists]-->· Postal Board Adament on Merger of Post offices and implementations of L1, L2 in RMS

<!--[if !supportLists]-->· <!--[endif]-->Other demands also no Result-oriented action

<!--[if !supportLists]-->· <!--[endif]-->Earlier assurances still not implemented

CENTRAL JCA MET ON 11.01.2012 UNANIMOUSLY DECIDES TO GO AHEAD WITH THE INDEFINITE STRIKE MAKE THE STRIKE CENT PERCENT SUCCESS

reports from various circles and divisions about the mobilization by grass root level workers and leaders for the total participation of employees in the Indefinite Strike from 17^th January 2012 as per the call of Central Joint council of Action (NFPE, FNPO & GDS Unions)

Inspite of our vehement opposition the Postal Board is adamant on implementing Mckinsey consultancy reforms (L1, L2) in RMS. Further regarding closure/merger of Post offices, they are violating the earlier assurances and going on justifying the merger of Post office. On other demands assurances given in July 2011 is repeated and no result oriented action is forth coming.

In these circumstances the Central JCA meeting held on 11.01.2012 has unanimously decided to intensify the strike preparations and go on indefinite strike from 17^th January 2012.

MAKE ALL OUT EFFORTS TO MAKE THE

STRIKE A HISTORIC SUCCESS

INDUCTION TRAINING OF POSTAL ASSISTANT

           120 seats for Induction training for PAs of Odisha ircle have been allotted at PTC MADURAI. The Induction training at PTC MADURAI will start from 6.2.2012. All untrained  male and female PAs of Sambalpur Division are advise to book their train tickets to & fro immediately to avoid inconvinient in journey.

PA INDUCTION TRAINING

Dear Comrades,

             PA Induction training of male direct candidate schedule to be held on 23.1.2012 is postpone to dated.30.1.2012 at PTC Madurai instead of  PTC Vadodara. Book your ticket accordingly.

IPO RE - EXAM PAPER - III

IPO paper -III   (LAW) re-exam will be held on 29.1.2012 ( Sunday ) at 10 a.m.

Casual Workers

Casual Workers

                 Casual workers are engaged by various Ministries/ Departments and their attached and subordinate offices for work of casual or seasonal or intermittent nature. They are engaged according to the requirement of different Ministries/Departments/ attached/subordinate offices. There is no legislation exclusively for regulating engagement of casual workers. However, the Central Government has issued guidelines in the matter of recruitment of casual workers on daily wage basis. Although, no centralized data relating to casual workers is maintained.

The Government had launched a scheme viz Casual Labourers (Grant of Temporary Status and Regularization) Scheme of Government of India, 1993. As per the scheme Temporary status would be conferred on all casual labourers who were in employment and who have rendered a continuous service of at least one year, which means that they must have been engaged for a period of at least 240 days (206 days in case of offices observing 5 days week). Temporary status would entitle the casual labourers to the benefits such as:

i.              Wages at daily rates with reference to minimum of the pay scale for a corresponding group ‘D’ official including DA, HRA and CCA.

ii              Benefits of increment at the same rate as applicable to a Group ‘D’ employee would be taken into account for calculating pro-rata wages for every one year of service.

Iii             Leave entitlement will be on a pro-rata basis at the rate of one day for every 10 days of work, casual or any other kind of leave, except maternity leave, will not be admissible.

iv             Maternity leave to lady casual labourers as admissible to regular Group ‘D’ employees will be allowed.

v              50% of the service rendered under temporary status would be counted for the purpose of retirement benefits after their regularization.

vi             After rendering three years’ continuous service after conferment of temporary status, the casual labourers would be treated on par with temporary Group ‘D’ employees for the purpose of contribution to the General Provident Fund, and would also further be eligible for the grant of Festive Advance/Flood Advance on the same conditions as are applicable to temporary Group ‘D’ employees.

vii            Until they are regularized, they would be entitled to Productivity Linked Bonus / Ad-hoc bonus only at the rates as applicable to casual labourers.

NEWS FLASH FROM CONFEDERATION

5^th January, 2012

Dear Comrades,

          The meeting of the National Anomaly \committee was held today as scheduled. 28 items were subjected to discussions. The next meeting of the Anomaly Committee will finalize the left out items. A note on discussion of the 28 items discussed today is being finalized by the Confederation Headquarters and the same will be placed on our website tomorrow.

          In the meantime we are to inform you that the Government has today agreed in the Anomaly Committee meeting to grant one increment on 1.1.2006 in the pre-revised scale of pay for all those whose increment falls between 1^st Feb and 30^th June 2006. This is applicable only for those who were in service as on 1.1.2006. They will draw their next increment in the new Pay Band on 1^st July 2006.

BRIEF ON THE DISCUSSIONS HELD IN ANOMALY COMMITTEE MEETING

BRIEF ON THE DISCUSSIONS HELD IN ANOMALY COMMITTEE MEETING

The IV meeting of the National Anomaly Committee was held on 5.1.2012. The meeting was chaired by Shri Mishra Secretary DOP&T.

The Chairman welcomed all members of Official and Staff Side and expressed New Year Greetings while making his introductory remarks.

                The Leader Staff Side also welcomed the Chairman and gave new year's Greetings. The following issues were raised by him and by other Staff Side Members:-

1.             Meeting of the National Council and other forums should be convened as often as possible and at least once in four months.

2.             The issue relating to increment should be resolved in this meeting.

3.             Issues relating to MACP may be allowed to be settled departmentally.

4.             The 2 (actually 11) items which have not as yet been included in the agenda should be included and discussed by arranging another meeting.

5.             The meeting of the National Council which has not met for about 2 years may soon be convened.

6.             Issues relating to Loco Drivers (not getting any benefit of MACP) should be discussed and resolved on priority basis.

7.             Several decisions taken in the Railway Departmental Anomaly Committee have been referred to Department of Expenditure long time back, but these have not been disposed of. This may be expedited.

                The following agenda items were then discussed on the basis of Status Note given by the Official Side:-

Items No. 1 to 4 & 5 (iii) - Anomaly in fixation of pay band in case of merger of pay scales.

The Staff side reiterated that since the pre-revised scales 5000-8000 [S9]; 5500-9000 [S10]; 6500-9500[S11]; and 6500-10500[S12] were merged and all are given the benefit of placement in the new Grade Pay 4200 equivalent to pre-revised 6500-10500 scale, the starting of the Pay Band 2 cannot be computed on the minimum of the erstwhile S9 Scale of Pay viz., Rs.5000/-. In fact the commencement point of the Pay Band 2 should be at Rs.12090/- based on the minimum of S12 scale [6500X1.86 = 12090] instead of Rs.9300/- computed by multiplying Rs.5000/- by 1.86.

                The Official Side however insisted that what has been recommended by the Commission is correct in terms of the above principle stated by the Commission; This was not acceptable to the Staff Side.

                The official side then stated that this item may be further discussed in the next meeting.

Item No 5 (i) and 34 & 35 - Reopening of the option for fixation of pay on promotion.

The Staff Side pointed out that the orders reopening the option up to 31.12.2010 was received in the lowest formations late & therefore all persons could not exercise the reopening option and therefore it should be extended up to 31.12.12. Defense Staff Side also raised the issue of not allowing this option to those who have been promoted to Master Craftsman upgraded post as because final orders have been issued late.

                The official side agreed to refer these matters to DOPT, which would be considered and decided.

Item No. 5 (iii) - Special Allowance & Qualifying Pay.

The Staff Side pointed out that special qualifying pay may have been treated as allowance but it is treated as pay for purpose of fixation of pay on promotion to higher post. The result is that senior employees who have been promoted during the period 1.1.2006 to 31.8.2008 get the benefit of pre-revised qualification pay when they have been promoted whereas the junior employees promoted on or after 1.9.2008 have been granted the benefit of doubled qualification pay and therefore the seniors are getting fixed at lower stage.

                The official Side agreed to look into this matter  

Item No.5 (iv) - Anomaly in fixation of pay between Direct Recruits & Promotees.

The Staff Side pointed out that in terms of FR 22 no person who is promoted should be fixed below the minimum of the Pay Scale of the higher post and as the system of Pay Bands have been introduced clubbing several posts, the Commission has devised a formula for fixing the entry pay (which is always the minimum) for fresh recruits. That being the case all promotes have to be fixed not below the said minimum i.e. the entry pay of the fresh recruit for each grade pay.

                Official side insisted that what they have ordered i.e. stepping up the pay of promotes to the post subject to certain conditions is more than enough and if there are certain difficulties, these may be referred to be considered.

                The Staff Side however insisted that all the conditionalities may be withdrawn and all Promotees may be fixed at the entry pay of that post for the direct recruitee if there is a quota for direct recruitment in that post irrespective of any new recruitee has joined the post or not.

                The official side stated that the matter may be discussed in the next meeting.

Item No (v) - Date of Next Increment.

The Staff Side urged for grant of one increment in pre revised pay scale on 1.1.2006 as one time measure in respect of all those whose next increment would be between 1.2.2006 to 30.6.2006 and then re-fixing them in the revised pay band and to grant next increment on 1.7.2006. This is only as a one-time measure and we would not demand similar treatment in respect of others.

                The official side then agreed to the above formulation.

Item No 5 (vii) - Temporary Status casual labourers.

The Staff Side pointed out that as per the scheme of Temporary Status, these employees have been granted the pre-revised minimum of Rs.2550-3200 applicable to the lowest post with the benefit of annual increment etc. Therefore so far as pay scale are concerned they are being treated as regular employees. They have to be granted the Grade Pay of Rs.1800 and fixed at Rs.7000 with effect from 1.1.2006 if they are already matriculates and if not they should be given the training and then fixed at Rs.7000 with grade pay of Rs.1800 w.e.f. 1.1.2006.

                The official side noted this demand and assured consideration.

Item No.11 - Grant of Revised Allowance w.e.f. 1.1.2006.

After discussion it was indicated that the issue may be discussed further in the next meeting before recording a disagreement if necessary.

Item No 12& 13 - Transport Allowance.

The Staff Side pointed out that the calculations desired by the official side are already available in item no. 13. It has been pointed out that Transport Allowance at the rate of Rs. 3200 granted to those in PB-3 of grade pay Rs.5400 and above is 2.9 times of their pre-revised TA+CCA which was Rs.1100. The Transport Allowance in respect of Grade Pay of Rs.4600 & 4200 has been revised to Rs.1600 which is only 2.28 times of the pre-revised TA+CCA amounting to Rs.700/-.

                The demand was that the raise granted in respect of grade pay of Rs.4600 & 4200 should also be 2.9.times of Rs.700 which would work out to Rs.2030.

                The official side stated that this is a new demand and cannot be treated as anomaly.

                The Staff Side then stated that this item would be included in the agenda of the National Council

Item No.14 - Revision of the existing allowance which are to be replaced by new schemes.

In the last meeting it was stated that if within six months the new schemes are not finalized and introduced, the rates of these allowance like risk Allowance & Patient Care Allowance would be doubled.

                The official side agreed to take a decision in this matter within a month's time i.e. latest by 5.2.2012.

Item No.15, 16, 17 - Parity in pension.

In Para 5.1.47, the VI CPC has stated that in order to maintain the existing modified parity between present and future retirees it will be necessary to allow same fitment benefit as is being recommended for existing employees.

                Having so recognised the maintenance of parity between the present and future retirees, the Commission has not extended the following liberalization benefits.

 -          Full pension after completion of 10/20 years of qualifying service

-          Last pay drawn for determination of pension if it is more advantageous than the average emoluments and

-          50% of Grade Pay as against 40% of pre-revised basic pension

                Benefit of these liberalisations may be extended to present pensioners w.e.f. 1.1.2006 (we do not want arrears) so that parity between present and future retirees is ensured as desired by the VI CPC.

                The official side suggested that the matter may be discussed in the next meeting and disagreement if necessary will then be recorded.

                The Staff Side also pointed out the latest judgment of full bench of Principal Bench of Central Administrative Tribunal according to which the clarificatory orders issued by Department of Pension dated 30^th October 2008 for determining the modified parity has been quashed and Government has been directed to grant 50% /30% of sum of minimum pay in the pay band and grade pay of the corresponding pay scale of the post from which the employee had retired and re-fix the pension / family pension with effect from 1.1.2006 and pay arrears.

                The official side stated that the Judgment is being considered and decision would be soon taken.

Item No. 20 - Daily Allowance on Tour.

The Staff Side insisted that rates of daily allowance may be doubled if the present system of reimbursement on the basis of actual expenditure on conveyance, boarding and lodging etc. are not suitable / practicable in the case of employees who go on tour to places where there are no such hotels / restaurants and the Auto drivers do not issue the receipts.

                They also pointed out that when all allowances have been doubled and the Railway has also already doubled the rate of daily allowance on tour, why the Government should insist that DA should be at the pre-revised rates which are quite inadequate to meet the expenses on conveyance, boarding and lodging.

The matter was deferred to be discussed in the next meeting.

Item No. 24, 25, 26 - Commutation of pension.

The Staff Side demand is that option of Commutation had been given when a person retires. The commutation was allowed in terms of pension then fixed on the basis of pre-revised pay etc on the day following the date of retirement and in terms of the Table then in force.

                If as a result of revision of pay and consequent revision of pension, additional amount of commutation arose the table which was applicable on date of retirement will have to be operated.

                The New Table which has come in to force on or after 1.9.2008 cannot be made applicable in determination of additional commutation value which Table was not in existence on date of retirement.

                The official side deferred this item for next meeting and to consider recording of disagreement if need be only in that meeting.

Item No. 28 - Grant of Grade Pay of Rs. 5400 in PB-2 for Asstt. Accounts/Audit Officer.

                In the last meeting it was agreed that this and other connected issues would be discussed separately outside this forum by the Jt. Secretary (Estt.) & Jt. Secretary (Pers) with the Staff Side.

                Though a detailed note has been sent to the above officers, no meeting has been fixed to discuss the note.

                It was stated that a meeting would soon be fixed.

               As there was no time, it was decided that next meeting of the National Anomaly Committee may be fixed soon and before the Budget session of Parliament commences.