6:17 PM
To,
The
Hon’ble Minister for Railways,
Government
of India, Rail
Bhawan, New
Delhi.
Through General Manager, South
Western Railway, Hubli
Respected
sir,
Sir, it is a very painful matter that
the Loco Running Staff are always being made victim of injustice although this
category is very important and vital for maintaining the productivity,
punctuality and security in railways.
Sir, our Secretary General had
submitted this memorandum on 23.08.2013 to your honour and subsequently all the
Division and Zonal units of AILRSA had submitted it through respective DRM and
GM but sorry to say that at one side none of the grievances is resolved so far
but another side new problem is created by an instruction on the subject of
using the CUG mobile phone. Hundreds of charge-sheets have been issued all over
country on this matter without a justified reason, misusing the instruction of
Railway Board on this matter. However, once more we would like to draw your
kind attention on the grievances for its redressal please and hope that
co-ordeal Labour relation is maintained.
Sir, as you know that we have been
made victim of injustice by sixth CPC on the question of GP, additional
allowance and subsequently by the Railway Board on the question of
rate of kilometer-age allowance
and HOER ( Duty hours, rest and reclassification of
Job) for which there was a strong resentment amongst the Loco Running Staff. We
are very much thankful to you that your honour while Minister for Labour,
referred this matter to RLC (C) New Delhi for conciliation and subsequent to
NIT for adjudication when conciliation failed due to negative attitude of
Railway Administration. The conciliation continued for almost all for a year,
Railway Board in all the meeting had being saying that matter was under
consideration by the different committees but the decision of the committee
never came out, and at last RLC (C) has to end the conciliation as failure,
however, your honour, considering the matter as national importance, referred
the matter to NIT for adjudication. Here also Railway Board first tried to get
the NIT be cancelled but failed. Then they started non-co-operation with NIT
but due to the stiff attitude of Hon’ble NIT, they started to co-operate with
the proceeding. Sir, by the Hon’ble Chairman of NIT Sri Saraf has retired and
so further about six months taken to appoint a new Chairman and for issuing the
notification. However, all these four matters are still under consideration of
Hon’ble NIT, for adjudication but in the recent past, it is observed that the
Railway Board has constituted an empowered committee to review the pay element
and formula to reckon the rate of KMA when this matter is before NIT for
adjudication. This step of Railway Board is in contrary to the democratice
process. Not only that but some more injustice have been done by the Railway
Board by modifying some of its own circulars on MACPS, weight age of 30% pay in
GP while putting the medically decategorised running staff in non-running
categories and also for not implementing their own decisions on SPAD and the
decision of CLC (Chennai) on re-classification of Loco Pilot’s job as
‘Intensive’.
We therefore would like to bring to
your kind notice, the following grievances for its early redressal please.
1.
RBE no.
142/2012 on the question of Grade Pay under MACPS: -
The
clarification of Railway Board through RBE no. 142/2012 is against the spirit
of its own circular under RBE no. 101/2009 and also in contrary to the order of
Hon’ble CAT / Ernakulam in O.A no. 561/11 of date: 11.04.2012 which justified
GP Rs. 4600/- even Rs. 4800/- to LP (Mail) and Guard (Mail) under MACP scheme
although it is not a promotional GP when they fulfill the condition of MACP
scheme, and may of LP (Mail) and Guard (Mail) enjoying with this benefit. Now
with the above mentioned RBE 142/2012’s clarification, the employees concerned
will be deprived with the benefit of upgraded GP and thus injustice is done.
Therefore the said RBE 142/2012 needs to be withdrawn.
2.
On the
question of upgrading the GP for Medically Decategorised Running Staff while
being posted in stationary post: -
Sir,
the recent circular of Railway Board no. E(NG)I – 2008/RE-3/4, dated
30.04.2013, RBE no. 41/2013, is a serious blow to the status, grade and pay of
Running Staff. Through this circular, a serous conspiracy is done against the
running staff by lowering the status of pay and grade of running staff while
being posted in stationary job after being medically decategorised by not
upgrading the GP. Sir, the Railway Board perhaps either knowingly or
unknowingly ignored the well established status of Running Staff in pay and
grade in non-running cadre while issuing the above referred circular, which are
being availed by the Running Staff since last six decades, in reference to
fixing the GP of Running Staff in non-running job, the following events have to
be taken into the consideration: -
I)
The apex grade in class ‘C’ in non-running
cadre was always considered for Loco Pilot / Mail express since 1947, i.e.
RSPAC. But kept depressed by one stage for administrative reason e.e. to have
running staff under administrative control and depressed value known as pay
element linked with the rate of KM allowance to motivate the Running Staff to
work more. With all fairness when a Running Staff is posted in non-running
cadre, he becomes entitled for the same status of pay and grade.
II)
Sir, the rule is very clear on this subject
that medically decategorised running staff should be protected with status, pay
and grade while placing in alternative job and for which only their alternative
grade used to be considered, in non-running cadre adding the pay element at the
minimum and maximum of the grade, normally a medically decategorised running
staff is given alternative job with equivalent alternate higher pay, grade than
the present grade. Hon’ble CAT, Hyderabad has given an order in the case of O.A
no. 259/2008 of date: 02.02.2009, to put the applicant who worked as a Running
Staff in the grade of Rs. 5000 – 8000/- in the grade of Rs. 6500 – 10500/- in
the non-running staff cadre i.e. two stages above.
III)
Giving the weightage of pay element of fix
up the pay only will protect the pay but not the grade unless the weighatage of
pay element is given to grade pay i.e. at least the next higher GP is given, in
present system when various previous pay grades merged in one pay band.
IV)
Sir, in view of the above fact, it is quite
justified to give at least next higher GP while placing a medically
decategorised running staff in alternative non-running staff cadre. This will
protect the status, pay and grade of running staff.
V)
With reference to the above fact, here we
submit that a gross injustice is done through RBE no. 41/2013, which needs to
be withdrawn or revised to protect the grade too by allotting higher FP in
alternative job for medically decategorised running staff.
3.
Reclassification
of Loco Pilots as ‘Intensive’:
-
Sir,
after having job evaluation done by LEO, RLC (C) / Chennai has given its
verdict that the job of Loco Pilots to be reclassified as ‘Intensive’ from
continuous and duty hours to be limited to 6 hours. Further the appeal no. Z –
20026/13/2012 – CLS – 1 taken up for hearing on date: 31.01.2013 preferred by
Railway Administration against the decision of RLC Chennai has been rejected by
the Appellate Authority i.e. Joint Secretary, Ministry of Labour and
employment. Now with all fairness, the decision of RLC (C) Chennai should be
implemented without and delay. Now paying respect to the order of an
appropriate Government the Loco Pilots in Indian Railways to be reclassified as
‘Intensive’ without any delay.
4.
Minutes of Railway Board’s Meeting on SPAD:
The minutes of meeting has been circulated vide letter
no. 2004/M (L) /466/7101 date: 14.06.2012 and Zones are advised to implement
it. But painfully it is observed that Zones are not interested to implement it.
Rather in contrary, it is seen that many of unsafe working are being harassed
in various way of work. Therefore, it is request to implement the minutes of
SPAD and an advice is given to the Zones not to issue to JPO on different matter
in contrary to safe working rule.
5.
Non
granting of periodical rest as per Indian Railway Act no. 133 : -
According
to Indian Railway Act, no. 133, ruuning staff must get 4 rests of 30 hours or 5
rests of 22hours in a month with full night rest. This rest must be in
continuation and after completion of head quarter rest. On this matter Zones
and Division, are misinterpreting the rules and no proper periodical rest is
given to running staff and even passenger / mail express link is also not
prepared with interest of safety is jeopardized. Hon’ble Bangalore CAT on O.A
33 of 2008, has given an order with clarification and justified the granting of
periodical rest must be in continuation after completion of headquarter rest.
Railway Administration preferred an appeal in the Hon’ble High Court of
Karnataka circuit bench at Dharward. Decision of Dharward on w.p. no.
66707/2012, High Court dismissed the Railway appeal and un held the Bangalore
CAT decision with reference to act no. 133 of Indian railway act.
So, it is request to intervene in these
matters and resolve all the above grievances, by allowing PR in continuous to
trip rest.
6.
The
exemption of Income Tax
ceiling limit for running staff of Indian Railways was enhanced from 6000 to
10000 per month. For Income Tax purposes, 70% of the running allowance shall be
exempted under se 10(14) of the Income Tax Act. 1951 the ceiling limit per
month for the same was enhanced from 6000 to 10000. Consequent upon the
implementation of VIth CPC the running allowance was revised and
enhanced by 25% when DA crossed 50% with effect from 01.01.2011. In this
context it will be appropriate and justified to increase the above ceiling
appropriate steps with Ministry of Finance in this regard.
7.
Presently
the post of CLI/LI is made general selection instead of selection as it was
earlier. Previously, the above post was being filled up with seniority cum
suitability and the desirous. LP (Pass+Mail) were getting opportunity to come
as LI / CLI and their experienced of driving Pass / Mail/ Exp was advantageous
/ helpful for monitoring or counseling Pass / Mail/Exp train for efficient
driving of Pass / Mail / Exp and also to ensure safety and punctuality but now
due to this change of mode of selection such experience person are being
deprived which is in no way conducive for safe operation. Sir, earlier, we have
already lodge our protest against the change in mode of selection and requested
to withdraw the circular. We again requests your honour to withdraw this order.
In the new3 orders of rationalizastion of
supervision of Loco Running Staff vide Lt. No. 2001 / M (L) / 467 / 2 date:
21.012.2012 the posts of CCC / CPRC / CTLC shall be filled up from LI cadr.
When the psot of CLI is made from LP (Mail) the object and purpose of the above
order in improving control of Loco Running Staff and safety in train operation
can be fulfilled.
8.
This
Association constantly demanding for enhancing the education qualification
level of ALP to Diploma in Engineering from the present education qualification
of 10th and ITI which is not commensurate with the technological
advancement taking place in Railways, now more and more workload and
responsibilities are attached to the post. High Level Committee had also
recommended to enhance the recruitment qualification of ALP as Diploma in
Engineering in its report. As such, it is requested that Railway Administration
should recruit Diploma in engineering holder only for ALP’s posts.
9.
In
the unmanned level crossing accidents caused due to the negligent and careless
act of road users but he LP are subjected to special Medical Examination
including taking blood and urine samples after relieving the Engine Crew
enroute in the name of Accident Manual provision. Since the engine crew is in no
way connected, it is only the road user’s responsibility as per motor vehicle
act. Subjecting the LP & ALP for Special Medical test after relieving them
enroute is unwarranted and unreasonable. It is requested to issue suitable
instructions duly modifying the provisions of Accident Mannual if any and may
be expeditiously processed.
10.
Modification
of Safety Related VRS Scheme: -
In
2004, vide RBE 4/2004 date: 02.01.2004 Railway Board introduced a safety
related VRS scheme for Loco Pilots and Gangmen offering job to their wards
between the age of 55 to 57 stating they are safety hazard by this age and
prone to accidents due to reduction in their reflexes. The ridiculous condition
is that Loco Pilots’ wards will get only ALP job and Gangmens’ wards will get only
trackman job irrespective of their educational qualification.
In
2012 vide 2004/M(L)/466/7101 dated: 14.06.2012 Railway Board through its
minutes on SPAD in Para E2 states that “since in most of the SPAD cases drivers
above 55 years are involved the retirement age of LP’s should be reduced to 55
years or they should be made CC/PRC/ LI if they want to continue beyond 55
years”.
This association demands to club both these
proposals and evolve a new proposal as follows.
1.
The
Loco Pilots may be retired at the age of 55 offering job to their wards in any
group C jobs according their qualification removing the cap on only ALP job.
2.
The
Loco Pilot who do not want job to their wards should be allowed to retire at
the age of 55 fixing their pay with future five increments for retirement
benefits and pension calculations.
3.
The
Loco Pilots who do not want the above two options and wish to continue in
service should be given the option of CC/PRC/LI or super LP as said in E2 of
Railway Board letter on prevention of SPAD.
4.
Lastly
the 33 years service condition related VRS scheme to be reduced to 20 years
service as done in the case of LARSGESS scheme to ensure equality before law.
Thanking
you,
Hubli Your’s sincerely
27.03.2014
(C. Sunish )
Copy:
Chairman,
Railway
Board
Rail
Bhawan / New Delhi
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