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Year 52, Vol. 12. Editor: Shiva Gopal Mishra December, 2016

EDITORIAL

Demonetization and Hardship to Common men

As you are aware, the Government decided, as a surprise, to withdraw the Rs. 1000 and Rs. 500 currency notes with effect from the mid night of 08/09 th November, this

year, when 92nd Annual convention of AIRF was in session at Allahabad. With the sudden announcement by the Hon’ble Prime Minister, in his address to the Nation on 8 th November, all the currency notes of above two denominations became obsolete,

whereby the shopkeepers and other traders started refusing to accept these currency notes for any purpose.

While the Government is claiming that, this sudden step has been taken to wipe out the fake currency and to dismantle the black money thereby checking the parallel

economy in to the Country the actual results of the same are yet to be assessed.

It has, however been observed that the common man of this country including Railwaymen, particularly belonging to lower middle and lower income group have been put

to acute hardship, as they are starving for withdrawal of their own money from the Banks/Post offices to meet

their daily-routine expanses. They are compelled to stand in long queues for this purpose and still not getting adequate money. Although, we are in support of this move if it succeeds in achieving it’s goal , but at the

same time it is also true that the Government did not make adequate arrangement pre- hand while taking such a strange decision, because of which the common man has

been subjected to uncalled for hardship on this accent.

With Best Wishes, ___________________________________________________________________________________

92nd

ANNUAL CONFERENCE OF AIRF, ALLAHABAD

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INDIAN RAILWAYMEN, December 2016

The 92nd

Annual Conference of All India Railwaymen’s Federation (AIRF) was held at Allahabad (North Central Railway) from 8

th to 10th November, 2016, as scheduled, which was attended by more

than 20,000 participants, that included different level Office Bearers of AIRF affiliates, Delegates and

Observers.

WOMEN CONFERENCE

The 17th

Annual Conference of AIRF’s Women Wing started at 11:00 hrs. on 8th

November, 2016 in K.P.

Community Hall, Allahabad.

The Conference was presided over by Com. Ms. D. Shaleel, Chairperson / All India Committee of Railway Women Workers of AIRF, wherein more than one thousand women participants from all Zonal

Railways and Production Units were present.

President/AIRF, Com. Rakhal Das Gupta , General Secretary/AIRF, Com. Shiva Gopal Mishra , Com. J.R. Bhosale, Treasurer/AIRF and other Office Bearers of AIRF as also Chairpersons of Zonal Women

Committees inaugurated the conference by lighting-up the “Deep”.

Com. Shiva Gopal Mishra , General Secretary AIRF, in his inaugural speech said, “huge participat ion of the women definitely motivates and strengthen the leadership”. He also said that, women are holding

greater responsibilities. He further said that, with the presence of large -number of women workers and their enthusiasm, I definitely believe that, women will play great role in the secret ballot elections of 2019 to secure AIRF affiliates as single recognized unions. He also mentioned that, AIRF will leave no stone

unturned for resolving the problems of the women workers.

Com. Rakhal Das Gupta, President AIRF, said that, women are proving themselves in every field. It is evident that, in the Rio-Olympic 2016 women participants of our country could win two medals. This is the

need of the time that, in the trade union also greater responsibilities must be carried by the women leadership.

Com. J.R. Bhosle, Treasurer/AIRF, said that, 7th

CPC is the worst Pay Commission ever. The leadership

of AIRF will not accept any curtailments in Child Care Leave which was achieved through the 6th

CPC. He also said that, have confidence, be united and come forward to fight for your rights.

Com. Mrs. D. Shaleel, Chairperson Women’s Wing of AIRF gave message of unity and said that, women

should get united for future challenges and problems arising out of privatization, corporatization, FDI, PPP etc. in the Indian Railways.

Annual Report of the Women Activities, Achievements and Path of Struggle was presented by Com. Mrs.

Jaya Agarwal, Convener Women Wing AIRF. She urged upon the women cadre to be more active and get ready for Mission 2019 secret ballot elections for recognition of the unions. She said, “ Challenges are ahead, move and ready to fight for your rights”.

Zonal Chairpersons of Women Wings, Ms. Renuka Laxmi (SRMU), Ms. Jayalaxmi (NRMU/CR), Ms. Jayalaxmi J. Rakopa (SWRMU), Ms. Munmum Bhaumik (ERMU), Ms. V.V. Dixit (SECRMU), Ms. Sarika Jain (NWREU), Ms. Praveena Singh (NRMU/NR), Ms. Krishna Kumari (SCRMU), Ms. Meena Kundu

(ECoRSU), presented report of their annual activities.

WORKING COMMITTEE MEETING

Subsequently, to discuss and decide the programme of the 92nd

Annual Conference of AIRF, Working

Committee of AIRF met at Mandapam Bhawan, K.P. Community Centre, Allahabad, under the chairmanship of Com. Rakhal Das Gupta, President AIRF. Com. Rakhal Das Gupta said, “this Working Committee Meeting of AIRF is being held at Allahabad in a very crucial time”. He also talked about secret

ballot elections held in 2007 and 2013 for recognition of the unions in the Railways. He called-upon the cadre to start intensive preparations for the next secret ballot election slated to be held in 2019.

The General Secretary of the host union, Com. R.D. Yadav, briefed about the schedule of the 92nd

Annual

Conference of AIRF and sought approval of the AIRF Working Committee.

General Secretary AIRF, Com. Shiva Gopal Mishra , said, “I feel proud that, this 92nd

Annual Conference of AIRF is being held at Sangam Nagri in Allahabad”. Com. Mishra further said, “since inception of AIRF

in 1924, no AGM of AIRF was held at Allahabad. This is for the first that AGM of AIRF is being held at

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Allahabd”. He added, “there might be some shortcomings, I hope you will bear with us”. He briefed about submission of the report by the VII CPC to Government of India and subsequent struggle of the NJCA, to which AIRF is also a constituent, on Minimum Wage and Fitment Formula and Allowances. He also

briefed about Staff Side (JCM) ‘s meetings with the committees constituted by the Government of India to

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review Minimum Wage and Fitment Formula, Allowances and streamlining of the NC/JCM. He informed the House that, though a committee has been constituted by the government to review National Pension

System (NPS), the Terms of Reference of the same have not yet been decided. He once again requested

the affiliates of AIRF to send the agenda items for the Anomalies Committees. While talking about merger of the Rail Budget with the General Budget, he said, “Railways is moving in a different direction”. Speaking on Restructuring of the Railways, Com. Mishra said, “there are all out efforts made by the

government to dismantle and privatize the Indian Railways”. Com. Mishra added, “AIRF has a history of struggles and sacrifices, and if nothing concrete arrives, we will have no option but to go for sustained struggle and strike”. He further added, “this is a historic conference of AIRF, and w hatever decision

arrives in this 92nd Annual Conference of AIRF, we will follow it”.

“This Annual Conference of AIRF is of significance for 2019 secret ballot elections, therefore, preparations for 2019 secret ballot elections should start after this confe rence”, he told. He further

cautioned that, it may be struggle for secret ballot elections, we will require strong cadre of the unions everywhere. He further said that, we must analyze honestly our pitfalls while preparing for 11

th July, 2016

strike and must try to fill them to meet the future challenges.

PROCESSION

A mammoth rally, which was led by General Secretary AIRF and other affiliates, along with more than twenty thousand union activists, delegates and visitors, was taken out from Allahabad railway station, passing through the main streets of Allahabad, reached the venue of the conference.

The participants were holding banners of their respective unions, cardboards describing “Stop FDI in the Railways”, “Stop dismantling the Railways”, “Scrap NPS and Restore Old Pension Scheme”, restore all the abolished allowances and rectify the retrograde recommendations of VII CPC, etc. etc.

OPEN SESSION

The Open Session of the 92nd Annual Conference of AIRF started at K.P. Community Ground, Allahabad, as per the schedule, wherein thousands of union officials, activists and delegates and visitors,

coming from every corner of the Indian Railways, were present.

Shri Pradeep Kumar, Member Staff Railway Board, Shri Sanjay Kumar Pankaj, DRM/NCR/ALD, Shri Anil Kumar Dwivedi, ADRM/ALD/NCR, Shri Alok Ranjan, PCE/NCR/ALD, Shri G.C. Budhalakoti,

CME/NCR/ALD, Shri Om Prakash, CPO/NCR, Shri P.S. Bisht, Sr. DPO/NCR/ALD, Bro. Mahendra Sharma, Ex. Regional Secretary, Asia-Pacific Region ITF, Com. C.A. Rajasridhar, Executive Board Member of the ITF, President Hind Mazdoor Sabha and Vice Pres ident AIRF, Com. U.S. Jha, Secretary

General, All India RPF Association, graced the occasion as distinguished guests. Office Bearers of AIRF,

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Presidents and General Secretaries of AIRF affiliates and Zonal Secretaries of AIRF were also present on the dais. Smt. D. Shaleel, Chairperson, Women Wing AIRF, Ms. Champa Verma, National Secretary & President, All India HMS Women Committee, Smt. Jaya Agarwal, Convener, Women Wing AIRF, Mrs.

Preeti Singh, Youth Rep., Asia/Pacific Region ITF, also shared the dais. The host union felicitated all of them by presenting shawl, boutique and memento amid the slogans “AIRF Zindabad! Mazdoor Ekta Zindabad!” The Open Session started with lighting of “Deep” by Shri Pradeep Kumar, Com. Rakhal Das

Gupta and Com. Shiva Gopal Mishra amid the presence of all the leaders of AIRF and Presidents and General Secretaries of AIRF affiliates and AIRF Zonal Secretaries. A Souvenir was also released on this occasion to commemorate this Annual Conference of AIRF.

Com. R.D. Yadav, General Secretary of the host union, while delivering welcome message, informed the House that, “Safety Related Voluntary Retirement Scheme” was initially int roduced in the “All India Maha Safety Samvad”, held at Allahabad in November, 2003, by the then Hon’ble Minister for Railways, Shri

Nitish Kumar. He further said that, we are holding AIRF ’s Conference for the first time; and tried to make all arrangements for your comfortable stay, even then there can be some lapses; those should be ignored. He thanked the media for giving wide coverage to the event.

Com. Shiva Gopal Mishra

At the outset, Com. Shiva Gopal Mishra, read out solidarity messages received from Bro. Nikolay Nikiforov, President, Trade Union of Railwaymen and Transport Construction Workers of Russia, Bro.

James P. Hoffa, General President and others from International Brotherhood of Teamsters, Washington DC(USA), Bro. Kazuo Enomoto, President, Japan Confederation of Railway Workers‟ Union(JRU), Bro. Stephen Cotton, General Secretary International Transport Workers‟ Federtaion(ITF), Shri Suresh

Prabhakar Prabhu, Hon‟ble Minister for Railways, Shri Manoj Sinha, Hon‟ble Minister of State for Railways(S), Shri Rajen Gohain, Hon‟ble Minister of State for Railways(G), Shri A.K. Mittal, Chairman Railway Board, Shri K.B. Nanda, Financial Commissioner(Railways), Shri Ashwani Kumar Kapoor,

Member Traction Railway Board, Shri Hemant Kumar, Member Rolling Stock Railway Board, Shri S.K. Bhagat, Director General Railway Protection Force, Mohd. Jamshed, Member Traffic Railway Board, Shri A.K. Mittal, Member Engineering Railway Board, Shri Pradeep Kumar, Member Staff Railway Board, Dr. Anil

Kumar, Director General, Railway Health Services Railway Board, Shri R.K. Verma, Secretary Railway Board, Shri Anand Mathur, Addl. Member(Staff) Railway Board, Shri Alok Kumar, Executive Director Estt.(IR) Railway Board, Dr. M. Raghavaiah, General Secretary National Federation of Indian

Railwaymen. He thanked all those who sent solidarity message to AIRF.

Speaking on this occasion, Member Staff Railway Board Shri Pradeep Kumar, said that, the Indian Railways is a largest Government of India’s enterprises, employing more than 1.3 million Railwaymen,

who are working hard day and night, keeping the wheels of the Railways moving in all weathers and climatic conditions. He further said that, the industrial relations between the management and organized labour are exemplary in the Indian Railways. He also assured that, Ministry of Railways and Railway

Board would take all possible steps to resolve the genuine grievances of the Railwaymen, and we are prepared to discuss all the issues across the table for their amicable solution.

Shri Pradeep Kumar reminded the audience that, financial condition of the Indian Railways is not

satisfactory and we all have to work hard to improve upon the same and further assured that, Railway Board would definitely take all possible steps to concede to the demands of the Railwaymen within its limitation.

Terming AIRF a great organization he wished the Conference a great success.

The DRM/NCR/ALD Shri Sanjay Kumar Pankaj, CPO/NCR Shri Om Prakash, Bro. Mahendra Sharma Ex. Regional Secretary Asia-Pacific Region ITF, Com. U.S. Jha Secretary General All India RPF Association,

applauded the Railwaymen and appreciated the constructive role of AIRF and its affiliates in upliftment of the Railwaymen and maintaining industrial harmony over the Railways. They conveyed their good wishes for the success of the 92nd Annual Conference of AIRF at Allahabad.

Com. Shiva Gopal Mishra, General Secretary AIRF, said, “around 500 Railwaymen sacrifice their lives every year for running the Railways smoothly and efficiently, with full dedication and honesty”. He further said, “Your zeal and enthusiasm will definitely put AIRF to the highest ele vation”. He congratulated the

Railwaymen for their mass mobilization and all-round preparations for indefinite strike that was to

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commence from 11th July, 2016, on account of which, the Government of India, particularly Hon’ble Prime Minister, directed a Group of Ministers to resolve the main issues. For this purpose we had discussed the issues of Revision of Minimum Wage, Fitment Formula, National Pension System and

other demands with the GoMs, comprising of Hon’ble Home Minister, Hon’ble Finance Minister, Hon’ble Railway Minister and Hon’ble MoSR, in the late evening of 30.06.2016. He further mentioned that, the report of the VII CPC has been highly unsatisfactory, having many retrograde recommendations first time

in the history. Shri Mishra informed the House, “We had two rounds of discussion with the committee constituted to review the allowances, demanding that, the allowances should be restored and implemented w.e.f. 01.01.2016 with upward revision, but that is still inconclusive”. He further added that ,

the report of the Allowance Committee is being delayed, perhaps with the intention that, recommendations of the same are implemented at a later date, resulting in financial loss to the employees; that is why we have strongly demanded its implementation f rom 01.01.2006. The General

Secretary also informed the audience that, he has talked to Hon ’ble MR to decide the issues in a timeframe. She Mishra further informed the House that, our demand is for the Guaranteed Pension and Family Pension for those employees who are covered in the NPS, and told that, while a committee on

NPS has been constituted, but the Terms of Reference of the same are still awaited. He however, added that, on our sustained persuasion, the Government of India have issued orders for payment of Retirement Gratuity and Death Gratuity to NPS covered Central Government Employees, including the Railwaymen,

which is a big achievement of AIRF. He also spoke on Merger of the Rail Budget with the General Budget, Restructuring of Railways, allowing 100% FDI in the Railways, outsourcing etc., which are definitely stepped forward towards privatization and warned the government that, AIRF would not tolerate

any such move in Indian Railways.

He called upon the gathering to remain in all preparedness for a sustained struggle, including the strike, in case the demands of the Railwaymen and the Central Government Employees are not resolved as

assured by the GoMs within a specified timeframe.

He reminded that, the Railwaymen even do not care their lives while performing their duties, and are therefore, nowhere lesser important than the Armed Forces and deserve a fair treatment at the hands of

the government. The General Secretary also added that, we have maintained industrial peace over the

Indian Railways since 1974, and we have achieved PLB arrears, historic Restructuring of Technicians after preparations for indefinite strike this year. Concluding his speech he said that, this Annual Conference of AIRF is being held at a very crucial juncture of time when we have to save not only the

Indian Railways, but also safeguard the interest of the Railwaymen.

Com. Rakhal Das Gupta, President AIRF, spoke on the ret rograde recommendations of the VII CPC, regularization of the Act Apprentices, absorption of the Quasi-Administrative Staff in the Railways. He

appealed to remain in all preparedness to meet the future challenges. He also talked about anti -labour policies of Modi Government. He said, “great injustice has been done by the VII CPC to the Railwaymen ”. He further said, “we should resolve from this platform to fight the challenges of Pay Fixation Formula,

improvement in Minimum Wage and Fitment Formula”. The Open Session concluded with a vote of thanks to the Chair.

STANDING COMMITTEE MEETING

The Standing Committee of AIRF also met after the Open Session to decide future course of action and to finalize Draft Resolutions, to be adopted by the 92nd Annual Conference of AIRF.

DELEGATE SESSION – 09.11.2016

The Delegate Session of the 92nd

Annual Conference of AIRF started with the slogans, in K.P. Community Hall, under the president ship of Com. Rakhal Das Gupta, President AIRF.

At the outset, the President welcomed the delegates and the leaders present in the Delegate Session and

briefed the state-of-affairs.

Com. Shiva Gopal Mishra, General Secretary AIRF, moved the Condolence Resolution, reading out the names of the eminent personalities who passed away during the intervening period and our brave

soldiers who martyred on the nation during terrorist attacks in Pathankot and Uri Sector in J&K in our country, victims of the Russian plane crash, terrorist attack on Paris(France), train accidents, terrorist and

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naxal attacks, victims of the fire that took place in Puttingal Devi Temple in Kollam (Kerala) and victims of the fire that broke out in the ICU of SUM Hospital in Bhubaneswar on 17.10.2016 as also victims of the stampedes that took place in BSP Rally held on Oct 9, 2016 in Lucknow and on 15.10.2016 in Varanasi

and victims of fire that broke out in a crackers factory in Sivakasi (Tamil Nadu) on 20.10.2016 and victims of other natural calamities, such as flood, landslide, earthquake, inferno, drought, cyclone and typhoon, etc. etc. Two-minute silence was observed; praying for eternal peace to the departed souls.

Thereafter, minutes of the last Annual Conference of AIRF were confirmed unanimously. On being called upon, General Secretary AIRF, Com. Shiva Gopal Mishra, presented a detailed report in the House in an hour and 20 minutes. He also spoke on various developments taken place during the intervening period.

ACCOUNTS

Com. J. R. Bhosale , Treasurer/AIRF, while presenting Accounts, for the period from 01.01.2015 to 31.12.2015, in the House, thanked all the affiliated unions for making timely payment of affiliation fee to

AIRF.

Com. J. R. Bhosale moved Draft Resolution No.1 - “Charter of Demands”, which was supported by Com. Asish Biswas.

Com. Mukesh Mathur moved Draft Resolution No.2 – “Socio-Economic Situation”, which was seconded by Com. S. K. Bandyopadhyaya.

Com. Ch. Sankara Rao moved Draft Resolution No.3 – “Settlement of Outstanding Demands” which

was endorsed by Com. Basant Chaturvedi.

Com. S.K. Tyagi moved Draft Resolution No.4 – “Calling Youth for Massive participation”, which was backed by Com. Ms Champa Verma. (see last month’s Indian Railway magazine for details of

resolutions)

Subsequently, a meaningful debate took place on General Secretary’s Report and Draft Resolutions, placed before the House, wherein Com. Sisir Chandra Mazumder, ZS/AIRF/Metro Railwaymen’s Union,

Com. K.L. Gupta, AGS/AIRF, Com. B. Laha, AGS/SERMU, Com. M.S. Mondal, Jt. GS/ERMU, Com. Shyam Nayak, AGS/NRMU(CR), Com. Ravindra Kumar Srivastava, NERMU, took part and gave valuable suggestions. They all appreciated General Secretary‟s Report and supported the Draft Resolutions.

They also applauded the arrangements made by the host union for hosting 92nd Annual Conference of AIRF at Allahabad in an excellent manner.

Com. Rakhal Das Gupta thereafter sought necessary approval of the House on the Draft Resolutions,

placed in the House, which was unanimously adopted with full zeal and enthusiasm along with General Secretary’s Report and Accounts. General Secretary AIRF thanked the House for unanimously adopting General Secretary’s Report and passing Resolution and Accounts.

Finally, the following decision was unanimously taken:-

(i) To observe the “All India Protest Day” on 14th December, 2016 in a befitting manner. (ii) The 93rd Annual Convention of AIRF shall be hosted by N.E. Railway Mazdoor Union at

Gorakhpur, as proposed by Com. K.L. Gupta, General Secretary of the said union.

President AIRF again thanked the General Secretary North Central Railwaymen’s Union and his entire team for hosting 92nd Annual Conference of AIRF in an excellent manner. General Secretary AIRF

thanked Com. R.D. Yadav, the General Secretary of the host union, and his entire team for hosting 92nd Annual Conference of AIRF in a befitting manner. The conference was then concluded with a vote of

thanks to the chair.

AGENDA FOR THE PNM MEETING BETWEEN RAILWAY BOARD AND AIRF HELD ON 22nd

& 23rd

NOVEMBER 2016

Item No.31/2016 - Extending numbers of exemption to Appendix-III, Part-I Examination 2012 passed

candidates.

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Item No.32/2016 - Grant of ACP/MACP to the Stock Verifiers over Northern Railway.

Item No.33/2016 - Appointment on compassionate ground – acquisition of higher qualification.

Item No.34/2016 - Recording of higher academic/ educational qualification in the service record of duly

appointed candidates.

Item No.35/2016 - MACP benefit to Nursing Staff like other CG Hospitals .

Item No.36/2016 - Implementation of MACP Scheme over Indian Railways - Discrepancies – Reg.

Item No.37/2016- Retention of accommodation on normal rent – Staff working in sensitive posts, transfer to other places.

Item No.38/2016 - Post Retirement Complimentary Passes to Group `D’ staff retired prior to 01.01.2006

at par with Group `C’ Staff.

Item No.39/2016 - Abrupt enhancement in per-capita charges for the treatment of staff and their family members employed in Railway Co-operative Thrift & Credit Societies/ Banks and other quasi-

administrative offices, including Recognized Unions and Federations, for treatment in Railway Hospitals .

Item No.40/2016 - Implementation of various recommendations of the Joint Committee on Package and Allowance to Trackmen and other grievances of the Trackman Category.

Item No.41/2016 - Enhancement of ceiling of investigation facilities at the Health Unit level.

Item No.42/2016 - Compassionate grounds appointment to daughter-in-law of the deceased railway employee.

Item No.43/2016 - Filling-up of large number of vacancies of Goods Guard in North Western Railway .

Item No.44/2016 - Eligibility criteria for appearing in selection to the post of OS, PB-II, GP Rs.4200, against 20% LDCE Quota.

Item No.45/2016 - Inclusion of name of widowed mother-in-law in Passes issued to a widow women employee.

Item No.46/2016 - Benchmarking for MACP from Good to Very Good.

Item No.47/2016 - Merger of IRPMU with CSTE Project Unit of NCR, Allahabad.

Item No.48/2016 - Payment of Officiating Allowance to Running Staff in higher grade up to 30 days - Error in placing bracket in Rule 913(i) (a) of IREM-1.

Item No.49/2016 - Drastic reduction in allotment of fund on staff amenities under Plan Head 52.

Item No.50/2016 - Consideration of appeal of newly recruited candidates against non -gazetted posts and declared medically unfit – Revision of policy thereof.

Item No.51/2016 - Increasing Promotion Quota percentage for Technician III posts in Diesel/ Electric Loco/ EMU Sheds on Indian Railways.

Item No.52/2016 - Provision of industrial/safety shoes to the staff of Signal, Electrical and C&W

Departments.

Item No. 53/2016 - Creation of posts against RSP Works.

Item No.54/2016 - Fixation of Pay of Running Staff on implementation of VII CPC recommendations .

Item No.55/2016 - Advancement prospects for Lab. Asstt. of CMT Organization under Mechanical Department of Indian Railways.

Item No.56/2016 - Earmarking of quota for employment to widowed/divorced daughters of the

railwaymen in the recruitment from open market.

Item No.57/2016 - Filling-up of supervisory posts of Accounts Department.

Item No.58/2016 - Inclusion of the KRCL Staff for transfer to the Indian Railway jurisdiction.

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Item No.59/2016 - Payment of bonus to erstwhile IRCTC staff absorbed in the Railways.

Item No. 60/2016 - Review of RRs, upgradation of pay scales and change in nomenclature of designations of the Medical Lab. Staff of the Indian Railways.

Record Note of the Discussion of DoPT-Specific Allowances, held with the Staff-Side, National Council (JCM) on 25.10.2016 under the Chairmanship of Secretary (P).

A discussion on the DoPT-specific allowances with the Staff-Side National Council (JCM) was held on 25.10.2016 under the Chairmanship of Secretary (Personnel) in Delhi in compliance with the direction

contained in the minutes of the 2nd meeting of the Committee on Allowances held on 01.09.2016 that every Ministry/Department should firm up its views/comments on allowances relating to the Ministry/Department after holding discussion with their Staff Associations.

2. List of participants is at Annexure. 3. At the outset JS(JCA) welcomed all the members of the Sta ff side of the National Council of JCM to the discussion on department specific allowances. JS(JCA) informed that in the second meeting of the

Committee on Allowances it was decided that all the department specific allowances will be discussed with the JCM. After a brief int roduction it was decided to discuss the following department specific allowances on which have received the comments for Staff-Side.

Children Education Allowance (CEA)

The Staff-Side has stated that the benefit of Children’s Education Allowance should be extended to the Graduate and Post Graduate levels also. They informed that the private institutions are charging exorbitantly. So, subject to a ceiling on tuition fees and hostel fees, the CEA should be extended to the

Graduates and Post Graduates level. Staff-Side further informed that they had also represented to the Pay Commission for simplifying the procedure wherein they had suggested that reimbursement should be based on the bonafide certi ficates from the schools where the children are studying. This suggestion has

been accepted by the Pay Commission and the Staff-Side has requested that it should be implemented. On the issue of DOPT’s circular on e -receipt, Secretary, DoPT clarified that this circular had been issued before the government accepted the 7th pay Commission recommendation.

Night Duty Allowance (NDA)

Staff-Side pointed out that the Night Duty Allowance (NDA) is still being paid at the 4th CPC rate. Even though there is a Board of Arbit ration award in favour of employees that from 01.01.1996 it should be given in the 5th CPC pay scale, the government did not accept the arbitration award and even today

employees are getting it at the same rate as it was prevalent during the 4th CPC period. In the Ministry of Defence a lot of litigation had taken place and the matter went up to the Supreme Court. Hon’ble Supreme Court directed that it should be paid on the basis of the actual pay drawn and that NDA

should be revised w.e.f. 01.04.2016 at the 6th CPC pay scale which has been implemented by the government. However, the audit authorities came up with an objection that there is a ceiling for it which has been objected to by the Staff-Side.

Apart from that, the 7th pay Commission has recommended that it should be worked out with the actual pay of the employee being are criterion. However, in spite of that, except for the Ministries of Defence and

Railways, employees working in other Ministries/Departments are getting it at 4th CPC rate. Thus, the absence of uniformity on this allowance across Ministries/ Departments is Very glaring which, according to the Staff-Side, is a principal source of litigation and will continue to remain so. Therefore, the Staff -Side

has suggested that an early revision of the without ceiling, and on the basis of the actual basic pay, and extending it to whoever is asked to do night duty will go a long way in reducing litigations in the future.

Over Time Allowance (OTA) Staff-Side has pointed out that there are two types of over time duty. One is covered under the Factories

Act, 1948, and the other is for the office staff. In the first case, since it is a statutory obligation, the pay

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Commission has not recommended anything on it. But for those Central Government employees who are not covered under the statutory provisions of the Factories Act, OTA is paid at a single rate of Rs.15.85/ - Only and, that too, for the first hour immediately after the scheduled office Closing time, it is Nil. In case of

OTA there is also an arbitration award from 01.01.1996 that it should be at par with the 5th CPC pay scale. However, neither it has been implemented not have the rates been revised. The Staff-Side has stated that i f an employee is asked to word after office hours, the rate of OTA should

be as per 7th CPC Pay Scale. Staff-Side is of the opinion that overall means working after office hours, and asking an employee to work beyond office hours automatically entitles him/her to this allowance. The Over Time rates should also be above the normal level. It was pointed out by them that as per 7th CPC.

an MTS is paid @ Rs.75/hour; whereas overtime allowance is @ Rs.15.85/ - only. Even an outsider employed on casual basis is being paid hourly wages which are more than OTA. The Staff-Side were strongly of the view that i f government is deploying a person on overtime work then he has to be paid at

least according to the rate of salary which he is getting.

Cash Handling Allowance (CHA)

Staff-Side has informed that the 7th CPC recommendation on its abolition is based on the fact that in most of the offices today salary disbursement is not made in cash. It is credited to the individual bank

accounts. But cash transactions do take place in certain offices like the Post Offices where cash handouts are made under the Mahatma Gandhi National Rural Employment Guarantee Act. PLI is also another example. Therefore, if it is stopped all of a sudden, no person will show interest in working as cashiers

and take the additional responsibility of handling huge amounts of cash. Therefore, the St aff-Side has contended that till all cash transactions are eliminated, CHA should continue. It was also pointed out by them that this allowance depended on the amount of cash transaction; when

the volume of cash transaction comes down, the allowances also proportionately come down. Uniform related allowances subsumed in a single Dress Allowance (including shoes)

Staff-Side has informed that the 7th Pay Commission has recommended that Persons Below Officers

Rank (PBOR) should be given Dress Allowance @ Rs.10, 000/- per month. There are 5 Ordnance Factories under Ministry of Defence where persons are exclusively deployed to produce special high altitude dresses for the combat forces of the army. 12000 employees are working in these 5 factories.

Therefore, if a uniform rate like this is maintained, it will have an adverse impact on the quality of these high altitude uniforms and will thus jeopardize the safety of the army men and the nation as a whole. Staff-Side is stated to have already made a request to M/o Defence not to implement this

recommendation. Army has also taken a stand that this will result in substandard or sub quality material

and workmanship. So this recommendation on the Dress allowance for PBOR should not be implemented.

As far as Civilian employees are concerned, it has been stated that the 7th CPC has recommended four slabs of Dress Allowances for various categories. One of the categories is called ‘others’. Whereas, in the Department of Posts there are about 75,000 postmen and Multi Tasking Staff wearing uniform. There is

no mention about these postmen and multi tasking staff in any of the categori es shown by the Pay Commission. If it is presumed that they come under ‘Others’, then they will be getting Rs.5,000 Whereas at present they are getting around Rs.7,000 plus washing allowance. As such a separate category should

be there for postmen and MTS also and the allowance should be Rs.10,000/ -.

It has also been pointed out that there are many categories like canteen employees, security staff, chowkidars which have not been mentioned and who are eligible for uniform or uniform allowances. It has

to be clarified whether these categories will be covered under ‘others’. Staff -Side has stated that whosoever is getting Dress Allowance as on today should condnue to get that. Staff-Side has also informed that the recommendations on Dress Allowance have created a lot of discrimination among staff

working in similar circumstances.

Staff-Side has also drawn attention to the Dress Allowance with respect to the Nursing Staff. It has been stated that earlier also Nursing Staff were not given normal washing allowance or dress allowance

considering the importance or the peculiar conditions prevailing in hospitals. Now they have also been

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bracketed in the general category. They were getting Rs.750 as Uniform Allowance and Rs.450 as Washing Allowance per month. Now there is no separate category that has been given to them. For them a different dispensation was made taking into account their special requirements because they work in

such an environment where their uniforms require regular washing entailing a substantial expenditure. As these have not been accounted for in the 7th CPC, thc nursing staff should have a special dispensation, as is strongly felt by the Staff-Side.

JS (JCA) has requested Staff-Side to submit a note on the justification or break-up of the amount of Rs.32, 400(maximum) as suggested by them and the Staff-Side has agreed to provide the same.

Risk-Allowance

The Staff-Side has informed that Ministry of Defence is engaged in arms and ammunitions manufacturing etc. In the process of manufacturing them, the staff engaged for this purpose, have to handle hazardous chemicals, acids and so many other poisonous combinations. Cabinet has approved 45 risk operations

pertaining to Defence civilian employees. Apart from that, because of the technological developments taking place fast and as the requirement of the arrned forces is increasing for getting modern equipments, ammunitions and explosives, new risk operations have also come into existence of which Ministry of

Defence is aware and have recommended also accordingly. In spite of this, the existing Risk Allowance has been abolished by the Pay Commission. It has been pointed out by the Staff -Side that it has not been subsumed under the risk and hardship matrix. Rather it comes in the abolition list. In no matrix are the risk

operations of Defence civilians are covered. Staff-Side has informed that they have discussed this with Defence Secretary and Defence Ministry is going to recommend in favour of its inclusion in one Of the matrix.

In response to the query of Secretary, DOPT as whether the activities which have been considered to be risky have all been identified, Staff-Side has clarified that it has been identified by a high level committee and approved by the Cabinet, 45 risk operations have been identified a nd approved. But within a period

of 2 decades, lot of new ammunitions and new explosives have come in the arsenal, along with a lot of hazardous chemicals and acids. So, M/o Defence has again appointed a committee and they have identified that all these ate additional risk operations over and above the 45 identified, where Defence Civilian employees are actively involved. But the Pay Commission has abolished Risk Allowance. So this

has to be incorporated in one of the risk matrix.

Other Items

Staff-Side has pointed out that in the 7th CPC report it has been stated that any allowance not mentioned and hence not reported to the Commission shall cease to exist immediately. They have requested that this recommendation should be rejected. On the contrary, the administrative Ministries should come

forward and recommend for their abolition or retention. Staff-Side has also stated that 7th CPC has abolished all advances completely. Noting that we regularly celebrate a number of festivals like Diwali, Holi, Eid and keeping the general sentiment in mind, they are

of the view that advances are very necessary. Moreover, these advances are required to be paid back to the government. On Family Planning Allowance, the Staff-Side has stated that since the Government has not changed its

Family Planning policy, the allowance should be continued, At least in the case of those people who were getting it they should continue to get as they have fulfilled all conditions when the allowance were granted. Otherwise be drop in their emoluments.

The Staff – Side also demanded that the 7th CPC had not revised the rate of Fixed Medical Allowance for pensioners. Therefore, the Fixed Medical Allowance for pensioners may be revised to Rs.2000/ - from existing Rs.500/-

AIRF’S REF. TO RAILWAY BOARD ON STAFF MATTERS Sub: - Payment of TA/DA with higher rates- AIRF’s PNM Item no. 15/2016.

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This matter was deliberated upon during last PNM Meeting of AIRF, held on 22-23 November, 2016 when Railway Board had held that, there cannot be payment of di fference on arrears of TA/DA arising out of Railway Board’s letter No. F (E)I/2011/AL-28/18 dated 29.04.2014.

In this connection, it is brought to your kind notice that, Railway Board vide their letter No.F(E)I/2015/AL28/46 dated 21.09.2015 (RBE No. 108/2015) have allowed the same for the purpose of payment of TA/DA at higher rates for the intervening period. (No. AIRF/PNM/15/2016(767) Dated: 06.12.2016)

Sub:- Mode of selection for promotion to the post of Shunting Jamadar (PB-I+GP Rs.2400) – Traffic/Transportation Department – AIRF’s PNM Item No. 20/2015 and Change in the promotional procedure of Shunting Master Gr.I and Gr.II – AIRF’s PNM Item No.57/2015.

Apropos my discussion with you on 2nd December, 2016 on the subject matter.

The matter of promotional prospects of Shunting Staff was brought to your kind notice. The standard of education of the persons, appointed earlier, was not up-to the mark, resulting in they are not being able to

secure the quali fying marks in the written examination for promotion from Pointsman ‘A’, Cabinman etc. to Shunting Master Gr. II(GP Rs. 2400), resulting in large- number of vacancies of Shunting Master Gr.II and Gr.I have been lying vacant in many Zonal Railways.

It may incidentally be mentioned that, although these persons are not promoted to Shunting Master, they have been performing the job of the Shunting Master without any benefit. Moreover, there is not a single category in the Indian Railways in GP Rs.2400 where selection has been specified. In the event o f that,

AIRF requests that, Shunting Master Gr. II(GP Rs.2400) be classified as “non-selection”, while Shunting Master Gr. I, now non-selection post be declared as “selection-post”. (No. AIRF/PNM/20/2015(768) Dated: 06.12.2016)

Sub: - Creation of posts for New Asset – Pooled Surrender of Posts. Ref: - Railway Board’s letter No.E(MPP)/2010/1/67 dated 28.10.2016.

I am constrained to point out that in the name of creation off posts for new assets, attempt has been made to take away whatever little are left in protecting the interest of serving employees.

In this connection the following Points are brought to the notice of Railway Board for corrective actions:

Vide Para ‘A’ (v) of Railway Board’s letter dated 28.10.2016 it has been provided:

“…. It may be ensured that promotional prospects of the existing employees, who are having avenue of

promotion to these posts as per recruitment rules, are not adversely affected”.

The above words need to be amended / worded properly.

In this connection, it should be brought to the notice of Railway Board that after PNM decision with AIRF,

the Railway Board vides their letter No.E(MPP)/2009/6/8 dated 23.03.2012 have instructed that higher graded posts should not be surrendered and higher graded posts surrendered after 2007 should be restored. So, vide this paragraph the protections in respect of higher graded posts have been taken away.

Vide Para ‘C’ (i) of Railway Board’s letter dated 28.10.2016 it has been provided:

“…. Posts cannot be withdrawn from this ‘Pool’ to meet statutory requirements …. Railway Board alone is competent for creation of posts in these departments”. Additional posts required for meeting statutory

requirement should be left with the Zonal Railways. Vide Para ‘D’ (i) of Railway Board’s letter dated 28.10.2016 it has been provided:

In this connection it is mentioned that Railway Board vide letter No.E(NG)II/93/RC-3/33 dated 08.12.1993,

has specifically mentioned that Union to be discussed well ahead. This was also mentioned in Para 1(iv) of Railway Board’s letter dated 21.04.1989. Further, Railway Board vide letter dated 17.9.1998 has laid down that in case of surrender of large number of posts, the Union should be consulted. But in this

paragraph it has been mentioned that the Union should be informed only.

Hence, the Railway Board is requested to delete the above mentioned Paras so that the provisions, as mentioned above, already existed, should not taken away and Railway Board’s letter under reference be

amended.

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(No. AIRF/340(761) Dated: 24.11.2016)

NEWS FROM AFFILIATES

Report on Observance of International Day of Elimination of Violence And Harassment Against Women, 2016 By All India Railwaymen’s Federation And It Affiliates

Violence and harassment has reached alarming level in India nowadays especially in rural and underdeveloped area (to women and labour categories) though we live in safer zone it’s our responsibility as a citizen to contribute in eradication of this evil from our country where, many of women and girls

experience some form of physical and or sexual violence in their lifetime. International Day of Elimination of Violence and Harassment against Women was observed by all the AIRF affiliates (NRMU (NR), NRMU(CR), WREU, NWREU, WCREU, ECoRSU, MTP RMU, RWFMU,

DLWMU, SCRMU, NFRMU, SRMU, SWRMU ERMU, ECRMU, CLWMU, DPLMU AND OTHERS) with commitment and great zeal. The report received from affiliates spread the message to never commit or remain silent about violence against women is widely spread in whole of the country, the message given

through several activities like seminars, workshops discussions, education programme, protest march and street plays etc.

Western Railway Employees Union

WREU SBI Workshop Branch observed INTERNATIONAL DAY FOR ELIMINATION OF VIOLENCE AGAINST WOMEN with a meeting of women workers of SBI Engineering Workshop and Signal

workshop. Almost all the women of both the units attended the meeting under leadership of Com. Bina Kori, Women convener. Participants expressed anguish over increased crime against women and expressed concern for reducing gender ratio. They resolved to fight against sexual harassment t akes

place anywhere. However, they thanked present government for its stringent efforts for women empowerment and gender ratio. Com. Dinesh Panchal, Branch Chairman also guided participants. The meeting was held at sabha Gruh of EW SBI during lunch hours o f 25/11/2016. All the necessary arrangements for meeting were made by Com. Rajiv Menon, Branch Secretary and his team. The

meeting was concluded with raising slogans WREU ZINDABAD! synchronize WORLD HIV/AIDS DAY on 1

st December, 2016

NFRMU/AIRF “World AIDS Day” was observed by AIRF affiliate N.F. Railway Mazdoor Union Maligaon branch to raise

awareness and show support to people living with HIV/AIDS at N.F. Railway Head Quarter premises with a daylong programme including Art Competition amongst School children, Street drama by Cultural activist of N.F. Railway Cultural association, Prize distribution and Cultural evening by Students of Blind

School, Beltola. The programme was started with a colourful rally taken out by the union activist, local resident and school children nearer to Maligaon. The rally was flagged off by Medical director of Central Hospital, Maligaon.

The participants who took part in the rally in traditional dresses and with play card in hand. The rally was followed by a free health Check-up camp at headquarter premises. The health camp was inaugurated by Chief Personnel Officer of N.F. Railway.

Noted HIV / AIDS activist and President of Indian network for people living with HIV/AIDS (INP+) Smt. Jahnabi Goswami who was present as the Chief Guest of the occasion, spoke at length about the HIV/AIDS menace. She also stressed on prevention and awareness among the people to tackle the

dreaded AIDS. Further, the Central leaders of N.F. Railway Mazdoor Union spoke about effect of HIV/AIDS on socio-economic progress in our country and also about how the workers living with HIV/AIDS faces

discrimination and stigmatization and last their indeed fundamental rights in work place. NRMU(CR)

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The whole panel of NRMU, contested election to the Governing body of Railway Institute Lonavala, Mumbai division had a sweeping victory winning all seats of primary posts and to the Managing Committee, in convincing margin.

This institute, which was in the hands of rival Union CRMS, since last 30 years, had been ruined with rampant corruption and nepotism, and therefore administration was compelled to dissolve the managing committee in 2014.

NRMU, with whole hearted support of the Institute member consistently insis ted and persuaded the administration to hold election to ensure smooth functioning of the Institute. The election was held on 30.11.2016 and result was declared on 01.12.2016. the victory is another feather in the cap of Com.Venu

P.Nair, General Secretary, NRMU/C.Rly.. NRMU salute branch functionaries, activists of Lonavala Branch under Branch Secretary, Com. Santosh Kumar and members of the Institute for their untiring efforts for this stupendous victory.

Railway Board Orders

Sub: Payment of Dearness Allowance to running staff.

Railway Board (Pay Commission Dte.) vide their letter No. PC-VII/2016/1/7/2/1 dated 11th November, 2016 (RBE 131/2016) had communicated payment of DA @ 2% per month to all categories of Railway Employees w.e.f 1st July, 2016. The issue regarding admissibility of DA on running allowance paid to Running Staff has been examined and it has been decided that DA @ 2% shall be admissible to Running staff on the Basic pay plus Running allowances drawn w.e.f 1st July, 2016.

2. CRIS may incorporate the above rule in IPAS application, so that payroll of running staff for November, 2016 could be drawn accordingly.

3. it may please be ensured that Salary Advance of Rs. 10000/- paid to Non-Gazetted employees in terms of Railway Board’s letter No. 2016/E(LL)/APW/1 dated 17.11.2016 is recovered from the concerned staff in salary bill of November,2016.

(No.2016/AC-II(CC)/IPAS/37/7(Zonal Railways).dt.25.11.2016.RBE 90/2016.)

Sub: Creation of posts for new assets – “Pool of surrendered Posts”.

Ref: Board’s letter No.E(MPP)/2003/1/88 dated 05/04/2006.

Manpower planning requires continuous review of sanctioned strength in view of changes in technology, working systems and redundancies. It is also necessary to plan judiciously to meet the requirement of posts for manning and operating new assets, especially in safety categories. Hence in respect of currently identified redundancies, there is a need to identify and maintain a “Pool of Surrendered Posts”. This will help avoid initiating any recruitmen t action, even inadvertently, for the posts put in this surrendered pool. Existing instructions provide for creation of posts through matching surrender and by utilizing the money value available in the Vacancy Bank with the Zonal Railways/PUs etc. In cases, where the Zonal Railways/PUs are unable to provide money value on their own, proposals are required to be sent to the Railway Board.

Powers had already been delegated to DRMs to meet the requirement of posts in safety and operational categories for new assets on a 1:1 basis, with the approval of the General Manager vide letter No.E(MPP)/2003/1/88 dated 05.04.2006 (RBE No. 45/2006).

In order to empower the Zonal Railways to meet the requirement of additional posts for new assets and for safety and operational activities within their own resources and taking recourse to the above new concept of “pool of surrendered posts’, the following instructions are issued. These powers are to be exercised by judicious review of existing and required manpower.

(A) Identification of “Pool of Surrendered Posts”

i) At the beginning of every financial year, each GM/DRM shall carry out a Zero Based Review of all posts appearing in the Book of Sanctions, the total workload and decide in consultation with PHODs/Branch Offi cers, as the case may be, the posts which are required to be operated and the posts which are not required to be filled up immediately or are not required to be operated. Such vacant posts should be identified with due diligence and these should be segregated from BOS and shown in a separate “Pool of Surrendered Posts”. Concurrently, surrender memorandum duly indicating therein the Division/Unit, Department, Category/designation of the post, Pay Band, Grade Pay, the date of credit to this Pool, without indicating money value of the post surrendered for those segregated posts, may also be issued before adding the same to the surrendered pool. If some such posts are currently filled up, action needs to be taken as per para (B) below.

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ii) Posts which have been lying vacant for long periods and for which no indents have been placed and are no longer required to be filled up as per current needs should also be included in this “Pool of Surrendered Posts” and taken out from the Book of Sanctions (BOS) by issuing surrender memorandum as mentioned above. All these posts shall be maintained in the “Pool of Surrendered Posts”. Recruitment action against these posts shall not be initiated.

iii) This exercise should be completed in respect of all departments and categories controlled by the Division/Railway, within the first month of the financial year i.e by 30th April every year.

iv) A similar exercise to identify the vacancies should be continuously undertaken in the PUs also and posts identified which are no more required, either due to phasing out/modernization of production line or outsourcing. These posts should also be taken out from BOS and shown in “Pool of Surrendered posts” and concurrent surrender memorandum issued as mentioned above. The money value of these posts can also be utilized to create the posts in safely/operational categories for new assets/new PUs/expansion of existing PUs in the same manner as explained at para (C) below.

v) While identifying “Pool of Surrendered Posts” as above, it may be ensured that promotional prospects of the existing employees, who are having avenue of promotion to these posts as per recruitment rules, are not adversely affected.

vi) Once identified, certification of “Pool of Surrendered Posts” should be maintained, duly indicating therein the Division/Unit, Department, Category/designation of the post, Pay Band, Grade Pay, the date of credit to this Pool and date of debit from this Pool, by way of withdrawal/redesignation along with suitable remarks and signed yearly by the Personnel and Accounts Officers. The format for this register is enclosed as Annexure.

(B) Creation of Supernumerary Posts

The posts which may be manned, but which may not be needed or will not be needed in the near future, should also be identified and converted into supernumerary posts. Supernumerary posts should be created for not more than 6 months and the surplus staff should necessarily be re-deployed within this 6 month period. For such of the supernumerary posts, where surplus staff are re-deployed within this 6 months period, the substantive posts can be put in the “pool of surrendered posts” and other posts may be created only in Safety/Operational categories as are needed for new assets, without routing it through the vacancy bank as per procedure indicated in para (C) below.

(C) Utilization of “Pool of Surrendered Posts” and Supernumerary Posts

i) The posts included in the “Pool of Surrendered Posts”, can be used to create safety category posts needed for new assets only. In no case can it be used to create non-safety category posts. Posts cannot be withdrawn from this ‘Pool”, to meet statutory requirements or for Vigilance or Security organizations etc, as Railway Board alone is competent for creation of posts in these departments.

ii) Safety category posts or other operational posts which are to be created out of this surrendered pool can be done in the pay band and grade pay as that of the surrendered posts or other posts in different grade pay as per equivalent money value basis at any given point of time. The money value of both surrender and creation will be calculated simultaneously and at the time of creation only as per currently applicable money value and not the historical costs when it was put in the pool of surrendered posts.

iii) In a Division, utilization of pool of surrendered posts as per ‘A’ and ‘B’ above and creation of new posts in various grades as per requirement within a unit or from one Unit to another or from one Department to another, can be done by DRMs with concurrence of associate Finance. This will now not require GM’s approval, as was required by Board’s Letter No.E(MPP)/2003/1/88 dated 05.04.2006 (RBE No.45/2006).

iv) Utilization of posts included in “Pool of Surrendered Posts” from one Division/Workshop to another Division/Workshop can be permitted by GM with concurrence of associate Finance.

v) Board can also order transfer of money value by surrender of posts from “Pool of Surrendered Posts” from any Zonal Railway/PU to another, whtn Board decides that the Recipient Zonal Railway/PU is in need of the same for creation.

vi) Requirement of posts for new Production Units and Workshops which have come up recently, will be met from Vacancy Bank of the Railways as identified and ordered by the Board.

vii) Posts identified for surrender by Railway Board or identified for surrender due to Work Study Reports, shall not be used for creation on the basis explained in para (C) herein. On surrender, their money value shall continue to be credited to the Vacancy Bank as per extant orders with 25% share going to Railway Board.

viii) The account of the posts in the “Pool of Surrendered Posts” will be maintained by the CPO for the Zonal Railway/PU and the Sr.DPO for the Division, as the case may be. The proposals shall be processed by the Personnel branch and routed through Associate Finance at Divisions/Zonal levels as the case may be.

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(D) General

i) The recognized Unions/Staff Council may be kept informed.

ii) This issues with the concurrence of Finance Directorate of the Ministry of Railways.

(No.E (MPP)/2010/1/67.dt.28.10.2016.RBE 127/2016.)

Sub: Implementation of the recommendation of 7th

CPC-Option regarding commutation of additional amount of pension.

A copy of Department of Pension and pensioners’ Welfare (DoP&PW)’s O.M.No.42/14/2016-P&PW (G) dated 24th

October, 2016 on the above subject is enclosed for information and compliance. These instructions shall apply mutatis mutandis on the Railways also. Rule 10 of CCS (Commutation of Pension) Rules, 1981 corresponds to r ule 11 of Railway Services (Commutation of Pension) Rules, 1993 and DoP&PWs O.M. dated 04.08.2016 referred to in the enclosed O.M., was adopted on Railways vide letter of even number dated 12.08.2016.

2. Since, Dop&PW’s O.M. dated 04.08.2016 was circulated on Railways vide Board’s letter of even number dated 12.08.2016, the option mentioned in Para 3 of O.M. dated 24.10.2016 may be given to Railway employees who retired between the period 01.01.2016 and 12.08.2016.

(No.2016/F(E)III/1(1)/8.dt.02.11.2016.RBE 128/2016.)

OFFICE MEMORANDUM

Subject: - Implementation of the recommendation of the 7th CPC – Option regarding commutation

of additional amount of pension .

The undersigned is directed to state that in pursuance of Government’s decision on recommendation of 7th Central Pay Commission, orders have been issued for revision of provisions regulating pension/gratuity/commutation of pension etc. vide this Department’s OM 38/37/2016-P&PW(A) dated 04.08.2016. In para of the said OM, it has been mentioned that there will be no change in the provisions relating to commutation values, the limit upto which the pension can be commuted or the period after which the commuted pension is to be restored.

2. As per Rule 10 of CCS (Commutation of Pension) Rules, 1981, an applicant who has commuted a percentage of his final pension and after commutation his pension has been revised and enhanced retrospectively as a result of Government’s decision, the applicant shall be paid the difference between the commuted value determined with reference to enhanced pension and the commuted value already authorised. For the payment of difference, the applicant shall not be required to apply afresh.

3. References have been received in this Department that many pensioners who retired after 01.01.2016 and have drawn pension/commuted value of pension based on their pre-revised pay/pension do not wish to commute the pension which has become additionally commutable on revision of pay/pension on implementation of recommendations of 7th CPC. the matter has been examined in consultation with Ministry of Finance (Department of Expenditure), It has been decided that those pensioners who retired from 01.01.2016 till 04.08.2016 i.e. the date of issue of orders for revised pay/pension based on the recommendations of the 7th CPC may be given an option, in relaxation of Rule 10 of CCS (Commutation of Pension) Rules, 1981, not to commute the pension which has become additionally commutable on revision of pay/pension on implementation of recommendations of the 7th CPC. The Cases where the additional pension after 7th CPC has already been commuted will not be re -opened.

4. In their application to the employees of Indian Audit and Accounts Department, these orders issue in consultation with Comptroller and Auditor General of India.

5. This issues with the concurrence of Ministry of Finance, Department of Expenditure ID No.192/E.V/2016, dated 30.09.2016.

(F.No.42/14/2016-P&PW(G)dated-24.10.2016)

Sub: Recommendation of the High Power Committee to review duty hours of Running Staff—Re-

training of Loco Pilots (running staff) who are involved in Signal passed at Danger (SPAD) cases--- recommendation no.9.12.

High Power Committee was constituted to review duty hours of Running Staff and among other Recommendations it has recommended vide No. 9.12. as under:

"Existing instructions of minimum punishments to staff for SPAD (Signal Passed at Danger) cases should be reviewed to ensure that the decision takes into account the gravity of the offence (repercussions of the SPAD) and also the Loco Pilot's past record”

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The recommendation has been considered by Board to the extent that - "Prescribed punishment needs to be imposed in established cases of SPAD upon conclusion of accidents enquiry proceedings. However, at the appeal stage, contributory factors and past records of Loco Pilot may be taken into account and -punishment reviewed. In exceptional cases running duty may also be restored to such Loco pilots after re-training and fresh psycho-test".

In this context, Board has decided the following regarding the nature and duration of re -training of Loco pilots involved in SPAD cases:-

(i) Loco Pilots involved in SPAD cases should be sent for Refresher Course for 21 working days. (ii) On line training along-with nominated LIs should be given for period of 10 days covering at least 5 round trips.

(iii) Competency certificate should be re-issued after checking their knowledge by competent authority.

Compliance of the above instructions may be sent to this office at the earliest.

(No. E (MPP)2016/19/2.dt.09.11.2016.RBE 130/2016.)

Sub: Recommendations of the Seventh Central Pay Commission - Decisions of Government

relating to grant of Dearness Allowance to Railway Employees – Rates effective from 01.07.2016

The undersigned is directed to say that consequent upon the decision taken by the Government on the recommendations of the Seventh Central Pay Commission relating to Dearness Allowance, the President is pleased to decide that the Dearness Allowance (DA) to all categories of Railway Employees shall be admissible at the rate of 2 percent of basic pay per month, w.e.f. 01.07.2016.

2. The revised pay structure effective from 01.01.2016 includes the Dearness Allowance of 125% sanctioned from 01.01.2016 in the pre-revised pay structure. Thus, Dearness Allowance in the revised pay structure shall be zero from 01.01.2016.

3. The term ‘basic pay’ in the revised pay structure means the pay drawn in the prescribed Level in the Pay Matrix but does not include any other type of pay like special pay, etc.

4. The Government vide Resolution No. 1-2/2016-IC dated 25.07.2016 has decided that till a final decision on Allowances is taken based on the recommendations of the Committee constituted under the Charimanship of Finance Secretary & Secretary (Expenditure), all Allowances will continue to be paid at existing rate.

5. The Dearness Allowance will continue to be distinct element of remuneration and will not be treated as pay within the ambit of Rule 1303 (FR 9(21)), Indian Railway Establishment Code. Volume -II (Sixth Edition- 1987)- Second Reprint 2005.

6. The payment on account of Dearness Allowance involving fractions of 50 paise and above may be rounded to the next higher rupee and the fractions of less than 50 paise may be ignored.

7. This issues with the concurrence of Finance Directorate of Ministry of Railways.

(No. PC-VII/2016/I/7/2/1.dt.11.11.2016.RBE 131/2016.)

Sub: Grant of Privilege Passes/PTOs to dependent relatives — Raising the income ceiling.

Pursuant to implementation of Government’s decision on the recommendations of 7th Central Pay Commission regarding revision of minimum pension to Rs 9000/- it has been decided to amend the proviso below Para 2(C)(vii) of Railway Servants (Pass) Rules, 1986 (Second Edition-1993) as follows:-

“Provided that a person shall not be considered to be a dependent relative if his/her monthly income from all sources including pension, dearness relief, etc., exceeds 15% of the basic pay of the Railway servant or the amount arrived at by adding minimum pension/family pension of Rs. 9,000/- (excluding the element of additional pension to old pensioners) and the dearness relief admissible to the pensioner/family pension thereon, rounded off to the nearest ten rupee figure, whichever is more.”

2. This issues with the concurrence of Finance Dte. of Ministry of Railways .

(No.E(W)2016/PS5-1/7.dt.24.11.2016.RBE 132/2016.)

Sub: Calculation of Money value of posts surrendered and crediting to surplus Bank on

implementation of 7th Pay Commission.

In view of Implementation of 7th CPC recommendations w.e.f 01.01.2016, references are being received from railways seeking clarification for calculating the money value of the posts surrendered and crediting to surplus Bank on implementation of 7th Pay Commission. As Ministry of Finance (MOF) has not issued instructions in this regard, the following provisional instructions are being issued subject to necessary adjustment in calculation in case MOF issues any orders at variance.

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“For the purpose of working out the monetary value of the post being surrendered, only the mean pay of the same in a particular level in 7th CPC mentioned in the Matrix and Dearness allowance as on date should be taken into account for calculation of mean value”.

The above is explained with the following illustration of surrender of a post in level -7 of the 7th CPC matrix:-

6th

CPC Pay Band + GP Level as Per 7

th CPC Pay

Matrix Pay Structure as per Level Mean Pay of the level.

PB-II 9300-34800 + GP 4600

Level – 7 44900-142400 (44900+142400/2)=93650

Money Value = Mean Pay+ DA as on relevant date

Similar calculation may be adopted for posts surrendered w.e.f 01.01.2016 and vacancy Bank may be accordingly modified.

(No.E (MPP)/2016/1/58.dt.10.11.2016.RBE 133/2016.)

Sub: Selection for Promotion to Group ‘B’ post of Law Officers in Level 8 in Pay Matrix (equivalent

to Pay Band PB-2(Rs.9300-34800) with Grade Pay of Rs.4800/-)

Consequent upon restructuring of gazetted cadre of legal department of new Zones and Divisions, instructions were issued vide Board's letter no. E (P)2005/2/26 dated 18/05/2007 for filling up of those upgraded Group 'B' posts of Law Officers from amongst the senior most Chief Law Assistants after screening process consisting of written examination, viva-voce and assessment of record of service as prescribed for Group 'B' selections. Thereafter, vide Board's letters of even number dated 04/02/2008 and 16/11/2011, instructions were issued for filling up of normal Group 'B' vacancies arising in the cadre through Selection from amongst eligible Chief Law Assistants.

2. Vide Board's letter No. 2003E(GC)12-14(64) dated 30.05.2016, consequent upon restructuring of Gazetted cadre in the old zones and Railway Board, 43 posts of Chief Law Assistants have been upgraded to Group 'B' posts of Law Officer.

3. The procedure for filling up all Group 'B' posts of Law Officers (including all the upgraded posts) has been reviewed and it has been decided in supersession of the aforementioned earlier instructions on the matter that the Group 'B' posts of Law Officers may now be filled up as per the provisions of Indian Railway Establishment Manual, VOl.I and extant Rules i.e. through Selection comprising of written test and viva-voce (including assessment of record of service) from amongst Chief Law Assistants in Level 7 in Pay Matrix (equivalent to Pay Band PB-2 (Rs. 9300–34800) with Grade Pay of Rs. 4600/-) provided they have rendered not less than 2 years of non-fortuitous service in the grade (including non-fortuitous service rendered in the pre-revised scale).

4. It is further advised that the above procedure for filling up of upgraded Group ‘B’ post of Law Officer may be followed subject to the outcome of SLP filed against Hon'ble High Court/Allahabad's judgment dated 03.10.2007 in CMWP No. 48471/2007 arising out against CAT/Allahabad's order dated 02.02.2007 in OA No. 906/2006 filed by Late Shri H. K. Tiwari, CLA, N.C. Railway.

(No.E (GP)/2005/2/26.dt.21.11.2016.RBE 136/2016.)

Sub: Pensionary benefits of medically decategorized running staff who opt for voluntary retirement.

Ref: Board’s letter no. E(NG)I-2009/RE-3/9 dated 05.10.2011.

Vide DC/JCM item no. 25/2004 and PNM/AIRF Item No.46/2012, recognized staff Federations have demanded that 55% of Pay Element be reckoned for computing retirement benefit for those running staff who have been medically decategorized and decide to take Voluntary Retirement instead of opting for redeployment in an alternative stationary post.

2. The issue has been examined in Board’s office, and it is observed that the issue is governed under the provisions contained in Board’s letter referred to above. To address the specific aspect brought out by Federations, it has been decided that whenever a medically decategorized running staff governed by RS (PR)1993, who has rendered the prescribed qualifying service, opts for Voluntary Retirement either on his own or within a period of one month from the date of offer of the first alternative post, his pension may be computed with addition of 55% Pay Element. This 55% benefit will be reckoned after deducting the 30% Pay Element fixation benefit if granted already as per Board’s letter dated 05.10.2011 referred to above.

3. In case such staff does not give option of Voluntary Retirement within the outer limit period of one month specified herein above, it will be deemed that the staff has accepted the alternative appointment offered and in this

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case, retirement benefits will be governed by extant instruction on the issue whenever he superannuates or opts for Voluntary Retirement thereafter.

4. The period of one month to opt for Voluntary Retirement for those medically decategorized running staff, who have

already been offered the alternative posts, will start from the date of issue of this letter.

5. The above clarif ication shall take effect from the date of issue of this letter.

(No.E (P&A)II-2004/RS-05.dt.29.11.2016.RBE 137/2016.)

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