NFIR to Railway – Revision of wage calculation limit
NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)
No. 1/10/Part IV
Dated: 07/03/2016
Shri Suresh Prabhu,
Hon’ble Minister for Railways, Rail Mantralaya,
New Delhi
Respected Sir,
Sub: Amendment to payment of Bonus Act, 1965-Revision of wage calculation limit from Rs. 3500/- p.m. to Rs. 7000/- p.m. with effect from 01/04/2014- payment of P.L. Bonus to Railway employees at revised rate of Rs. 7000/- p.m.-reg.
Ref: Railway Board’s reply vide No. E(P&A)II-2014/PLB-8 dated 16/02/2016 to GS/NFIR.
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While thanking the Railway Ministry for its prompt reply to NFIR under reference No. E(P&A)II-2014/PLB-8 dated 16/02/2016, the Federation re-iterates the following facts for taking appropriate steps by the Government.
(i) The chronological developments since decades need to be taken into account for processing the case for payment of PL Bonus to the Railway employees at the revised wage calculation ceiling limit i.e. Rs. 7000/- p.m. w.e.f. 01/04/2014.
(ii) When the Bonus Act was amended, raising the wage calculation ceiling from Rs. 750 to 1600, the Railway employees were paid PL Bonus at the revised wage calculation ceiling limit. Subsequently, when the Bonus Act was amended, revising the wage calculation limit from Rs. 1600/- to Rs. 2500/-, the said rate was adopted by the Railway Ministry and PL Bonus paid to the Railway employees at the revised rates.
(iii) When the wage calculation ceiling was again revised to Rs. 3500/- w.e.f. 1st April 2006, the Federation took up the issue and explained the merits of the case for adopting the rate of Rs. 3500/- w.e.f. 01/04/2006 for ensuring payment of PL Bonus. The Railway Ministry had processed the case and obtained Union Cabinet’s approval and issued orders vide letter No. E(P&A)II-2008/PLB-10 dated 03/10/2008, duly revising the wage calculation ceiling to Rs. 3500/- with retrospective effect i.e, from 01/04/2006, consequently, PLB arrears for the year 2006-07 were paid to the Railway employees in October 2008.
From the above facts, it could be seen that the payment of P.L. Bonus has been ensured commensurating with the revision of wage calculation ceiling limit made through amendments to Bonus Act, 1965 without any deviation. Similarly when the wage calculation ceiling limit has been raised to Rs. 7000/- p.m., the Railway Employees are entitled for payment of P.L. Bonus at revised rates for the year 2014-15.
NFIR, therefore, requests the Hon’ble Railway Minister to kindly arrange to process the case on top priority for obtaining the approval of the Union Cabinet for making payment of PL Bonus arrears pertaining to the year 2014-15 to the Railway employees at the earliest.
7th Pay Commission: Modi government to implement salary hike in FY 2016-17
The Budget documents state that the implementation of the Seventh Pay Commission due from January 1, 2016 is to be implemented during the financial year 2016-17.
“The government has made provisions for the additional liabilities on these count,” it said, without giving the amount allocated for implementation.
With absence of an explicit overall provision for the 7th Pay Commissionin budget raising questions, government on Wednesday said the once-in-a-decade pay hike has been built in as interim allocation for different ministries and budget numbers were credible.
Economic affairs secretary Shaktikanta Das said the number cannot be quantified and it has been built up in budget of various ministries. “We cannot really quantify how much we require in 2016-17. Because the Committee of Secretaries have to first give its recommendations, then govt will take a decision and then only we will know what is the requirement in FY17,” he said in New Delhi.
Implementation of the pay commission report is to cost the government Rs.1.02 trillion. “We have the Pay Commission recommendations with us, we have analysed the likely requirement and it has been built into the Budget of various ministries. Some suitable interim provisions have been made,” he said without elaborating.
“Hence the expenditure and revenue numbers are credible.” Das said finance minister Arun Jaitley in his budget speech stated that interim provisions have been made. “And these provisions are there in the Demands for Grants for individual departments and ministries. It is built into and subsumed into those allocations.”
“The Budget reaffirmed the commitment of the government to continue with the process of fiscal consolidation as projected in the Medium Term Fiscal Policy Statement of 2015-16 despite a tough external environment,” the budget documents said. Accordingly, fiscal deficit has been projected at 3.5% of the GDP in 2016-17.
“In accordance with the amended FRBM targets, the fiscal deficit of 3 per cent is projected to be achieved in 2017-18 onwards.” “Keeping in view the challenge of reduction of fiscal deficit by 0.4 per cent of GDP in a difficult year in 2016-17 with substantial additional liabilities on pay revision etc, the government is quite optimistic of fully achieving the fiscal deficit target of 3 per cent or below by March 2018,” the documents said.
NFIR
1.Shri Guman Singh, President
2,Shri M. Raghavaiah, General Secretary
3.Shri R.P.Bhatnagar
4.Shri B.C. Sharma
5.Shri R.P.Singh
19/2014: Denial of revised V CPC pay scale-Injustice meted out to Midwives on Western Railway.
After detailed deliberation, it transpired that on Western Railway Midwives and ANMs are being treated as two separate cadres and that Midwives have only one scale of pay viz. G.P 1900. It was agreed to check up the position of few other Zones and to examine the matter accordingly.
General Secretary however stated that recruitement qualification pay scale at the time of recruitement on Western Railway besides designation of staff should be got verified in order to know the reason for denial of pay scale/promotion in 4500-7000.
2/2015: Coverage of Track Maintainers GP Rs.1900 & 2400/- and Station Master category under LARSGESS.
So far as the demand for including Track Maintainer GP Rs.1900/- under the purview of LARSGESS, clarification have since been issued vide Board’s Letter No. E(P&A)I-2015/FE-4/3 dated 10.09.2015.
General Secretary stated that the Track Maintainers GP 2400 is a working post like that of Track Maintainer GP 1900 and 1800. Therefore, covering the GP 2400 is justified. General Secretary also contended that the Station Master being important Safety category, should be brought under LARSGESS.
Regarding coverage of Station Master category under LARSGESS, it was explained by the Official Side that in view of the Consitutional validity of the LARSGESS Scheme being challenged by various CATs across India and the matter being sub-judice, no further liberalisation in the Scheme is feasible at this stage.
10/2015: Payment of Diet Allowance to Staff Attending Break-down duties.
As discussed in the last meeting, the existing instructions have been reiterated vide Board’s Letter No.E(P&A)II-2015/FE-2/2 dated 27.10.2015.
(Closed)
11/2015: Denial of payment of HRA, Transport Allowance etc. to trainees appointed on compassionate ground in Grade Pay 1900/- in artisan category etc. – reg.
Discussed
(Closed)
15/2015: Grant of financial upgradation under MACPS to SSE – Drawing (formerly diploma holder tracers) appointed against D.R. Quota vacancies as Assistant Draftsman(presently JE- Drawing with GP 4200 in PB-2) reg.
General Secretary said that the Diploma Holder Tracers were appointed against D/R quota in accordance with Board’s orders and all such staff should be granted financial up-gradation.
It was agreed to obtain information regarding the procedure under which the concerned employees were promoted and from which date their seniority is being determined and to re-examine the matter in light thereof.
18/2015: Arbitrary discontinuance of Nursing Allowance to ANOs working in Railway Hospitals – reg.
Necessary instructions have since been issued vide Board’s Letter No.E(P&A)I-2012/AL/1 dated 08.12.2015.
(Closed)
32/2015: Grant of pay fixation under rule S 13 to the erstwhile Group ‘D’ staff promoted to same grade pay of 1800/- (PB-I).
Matter is under consideration in the light of O.M. No. F-2-1/2015-E.III(A) dated 16th October, 2015 issued by Ministry of Finance, Department of Expenditure (Item No.1/2014 which has already been discussed in the PNM/NFIR meeting held on 8th & 9th October, 2015 is similar).
35/2015: Safety Related Retirement Scheme (SRRS – 2004) – renamed as Liberalized Active Retirement Scheme for Guaranteed Employment for Safety Staff (LARSGESS) – Deletion of 33 years service condition for Loco Pilot Category – urged.
Federation brought out that the average age of joining of a Loco Pilot is around 25 years and comes to a working post after Medical and Training at the age of around 26 years. So, the 33 years service condition to become eligible under LARSGESS needs to be reduced. Federation insisted that the demand relates to relaxation of “33 years service” condition and therefore the proposal of NFIR should be accepted. It was explained by the Official Side that in view of the Constitutional validity of the LARSGESS Scheme being challenged by various CATs across India and the matter being sub-judice, no further liberalisation in the Scheme is feasible at this stage.
39/2015:Mis-interpretation of Railway Board’s orders resulting denial of LARSGESS to ESM/TCM/WTM, GP 1900 – reg. & 42/2015: Clarification regarding consideration of service rendered as Fireman, Loco Pilot (Shunting), ALP etc., for coverage under LARSGESS-reg.
It was explained by the Official Side that in view of the Consitutional validity of the LARSGESS Scheme being challenged by various CATs across India and the matter being sub-judice, no further liberalisation in the Scheme is feasible at this stage.
Federation contended that the demand relates to issuance of clarification on the basis of factual postion, logic and merits.
Official Side stated that the matter will be examined.
46/2015: Grant of financial upgradation under MACPS to the Technical Supervisors of DC Traction and presently working as JE/SSE.
It was agreed to check whether the pay scale of Assistant Operator has been merged with pay scale of Operators of D.C.Traction and re-examine the matter in light thereof.
Federation said that its letter dated 4.01.2016 may be referred to wherein facts of the case were conveyed.
47/2015: Grant of MACP to the former Traffic Signallers/A2 Signallers absorbed as ASMs/SMs on North Eastern Railway-reg.
Federation requested for a copy of the reply received from NE Railway in this matter which was agreed to.
54/2015: Scheme for filling up of the posts of Loco Running Supervisors – Western Railway.
Federation however insisted that the panel published duly abiding Board’s instructions should be respected and benefit extended to empanelled staff.
Comments on the issue has been called for from Western Railway. After receipt of the comments, the issue would be examined.
The Central Government has decided to dispense with the interview for all Group C (including Group D) and non-gazetted Group B category in Central Government by 31.12.2015.
Accordingly, instructions have been issued to the Staff Selection Commission mandated with the recruitment of mainly Group B (Non-Gazetted) and Group C (Non-technical) posts in the Central Ministries/Departments to discontinue the interview in all mandated recruitments commencing from 1.1.2016.
SSC has already issued a notification for Combined Graduate Level Examination (CGLE) 2016 for recruitment of various Group B and Group C Posts in the Central Ministries/Departments/ Attached and Subordinate Offices, and notification of Sub-inspectors in Delhi Police, Central Armed Para-military Forces (CAPFs) and Assistant Sub-inspectors in Central Industrial Security Force (CISF) Examination 2016, in which interview has been dispensed with.
If a Department/Ministry considers interview absolutely necessary for any specific posts, then clearance of Department of Personnel & Training is necessary.
This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in written reply to a question by Shri Prabhat Jha in the Rajya Sabha today.
Age relaxation for widows for employment in Government and Central PSUs
The Ministry of Women and Child Development is considering taking up a proposal for age relaxation for widows for employment in Government and Central PSUs. The Ministry is also considering moving a proposal for tax rebates for single women who are having children. These are at a preliminary stage and formal proposals have not yet been prepared.
This information was given by the Minister of Women and Child Development, Smt Maneka Sanjay Gandhi in reply to a question in the Rajya Sabha today.
Guidelines for Nomination of Representatives in SCOVA
The Standing Committee of Voluntary Agencies (SCOVA) is a forum for holding consultation with the stakeholders, i.e., the pensioners through their Associations and various Ministries/Departments of the Government of India, to get feedback on implementation of pension related policies, to discuss and critically examine the policy initiatives and to mobilise voluntary efforts to supplement Government action.
A mechanism has been put in place for nomination of a Standing Group comprising of 5 Associations and a Rotating Group comprising of 10 Associations through a Resolution issued from time to time. As per the existing mechanism the Standing Group serves for 3 terms of 2 years each or till the pleasure of the Chairman of SCOVA whichever is earlier and Rotating Group serves for 1 term of 2 years and is eligible for re-nomination for one more term. These Associations represent various categories of Central Government pensioners from various Regions/States.
The last reconstitution of SCOVA was done vide Ministry of Personnel, Public Grievances and Pensions, Department of Pension and Pensioners’ Welfare’s Resolution No. 42/08/2013-P&PW(G) dtd.25.08.2015.
This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in written reply to a question by Shri Mahendra Singh Mahra in the Rajya Sabha today.
Kendriya Vidyalayas (KVs) were established to cater to the educational needs of the children of transferable Central Government employees including Defence and Para-military personnel by providing a common programme of education. As per the admission guidelines duly approved by the Board of Governors of Kendriya Vidyalaya Sangathan (KVS), following priorities are followed in granting admission to the KVs in Defence / Civil Sector:-
1.Children of transferable and non-transferable Central government employees and children of ex-servicemen. This will also include children of Foreign National officials, who come on deputation or transfer to India on invitation by Government of India.
2.Children of transferable and non-transferable employees of Autonomous Bodies / Public Sector Undertaking / Institute of Higher Learning of the Government of India.
3.Children of transferable and non-transferable State Government employees.
4.Children of transferable and non-transferable employees of Autonomous Bodies / Public Sector Undertakings / Institute of Higher Learning of the State Governments.
5.Children from any other category including the children of Foreign Nationals who are located in India due to their work or for any personal reasons. The children of Foreign Nationals would be considered only in case there are no children of Indian Nationals waitlisted for admission.
The Children of Defence personnel are considered as first priority category for admission in KVs. The Children admitted in a KV can automatically claim admission in another KV, if their parent is transferred from one station to another.
This information was given by the Union Human Resource Development Minister, Smt. Smriti Zubin Irani today in a written reply to a Rajya Sabha question.
Recovery of wrongful / excess payments made to Government servants
F.No. 18/03/2015-Estt. (Pay-I)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi, the 2nd March, 2016
OFFICE MEMORANDUM
Sub: Recovery of wrongful / excess payments made to Government servants.
The undersigned is directed to refer to this Department’s OM No.18/26/2011-Estt (Pay-I) dated 6th February, 2014 wherein certain instructions have been issued to deal with the issue of recovery of wrongful / excess payments made to Government servants in view of the law declared by Courts, particularly, in the case of Chandi Prasad Uniyal And Ors. vs. State of Uttarakhand And Ors., 2012 AIR SCW 4742, (2012) 8 SCC 417. Para 3(iv) of the OM inter-alia provides that recovery should be made in all cases of overpayment barring few exceptions of extreme hardships.
2. The issue has subsequently come up for consideration before the Hon’ble Supreme Court in the case of State of Punjab & Ors vs Rafiq Masih (White Washer) etc in CA No.11527 of 2014 (Arising out of SLP(C) No.11684 of 2012) wherein Hon’ble Court on 18.12.2014 decided a bunch of cases in which monetary benefits were given to employees in excess of their entitlement due to unintentional mistakes committed by the concerned competent authorities, in determining the emoluments payable to them, and the employees were not guilty of furnishing any incorrect information / misrepresentation / fraud, which had led the concerned competent authorities to commit the mistake of making the higher payment to the employees. The employees were as innocent as their employers in the wrongful determination of their inflated emoluments. The Hon’ble Supreme Court in its judgment dated 18 th December, 2014 ibid has, inter-alia, observed as under:
“7. Having examined a number of judgments rendered by this Court, we are of the view, that orders passed by the employer seeking recovery of monetary benefits wrongly extended to employees, can only be interfered with, in cases where such recovery would result in a hardship of a nature, which would far outweigh, the equitable balance of the employer’s right to recover. In other words, interference would be called for, only in such cases where, it would be iniquitous to recover the payment made. In order to ascertain the parameters of the above consideration, and the test to be applied, reference needs to be made to situations when this Court exempted employees from such recovery, even in exercise of its jurisdiction under Article 142 of the Constitution of India. Repeated exercise of such power, “for doing complete justice in any cause” would establish that the recovery being effected was iniquitous, and therefore, arbitrary. And accordingly, the interference at the hands of this Court.”
“10. In view of the afore-stated constitutional mandate, equity and good conscience, in the matter of livelihood of the people of this country, has to be the basis of all governmental actions. An action of the State, ordering a recovery from an employee, would be in order, so long as it is not rendered iniquitous to the extent, that the action of recovery would be more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, to recover the amount. Or in other words, till such time as the recovery would have a harsh and arbitrary effect on the employee, it would be permissible in law. Orders passed in given situations repeatedly, even in exercise of the power vested in this Court under Article 142 of the Constitution of India, will disclose the parameters of the realm of an action of recovery (of an excess amount paid to an employee) which would breach the obligations of the State, to citizens of this country, and render the action arbitrary, and therefore, violative of the mandate contained in Article 14 of the Constitution of India.”
3. The issue that was required to be adjudicated by the Hon’ble Supreme Court was whether all the private respondents, against whom an order-of recovery (of the excess amount) has been made, should be exempted in law, from the reimbursement of the same to the employer. For the applicability of the instant order, and the conclusions recorded by them thereinafter, the ingredients depicted in paras 2&3 of the judgment are essentially indispensable.
4. The Hon’ble Supreme Court while observing that it is not possible to postulate all situations of hardship which would govern employees on the issue of recovery, where payments have mistakenly been made by the employer, in excess of their entitlement has summarized the following few situations, wherein recoveries by the employers would be impermissible in law:-
(i) Recovery from employees belonging to Class-III and Class-IV service (or Group ‘C’ and Group ‘D’ service).
(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.
(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.
(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.
(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer’s right to recover.
5. The matter has, consequently, been examined in consultation with the Department of Expenditure and the Department of Legal Affairs. The Ministries / Departments are advised to deal with the issue of wrongful / excess payments made to Government servants in accordance with above decision of the Hon’ble Supreme Court in CA
No.11527 of 2014 (arising out of SLP (C) No.11684 of 2012) in State of Punjab and others etc vs Rafiq Masih (White Washer) etc. However, wherever the waiver of recovery in the above-mentioned situations is considered, the same may be allowed with the express approval of Department of Expenditure in terms of this Department’s OM No.18/26/2011-Estt (Pay-I) dated 6th February, 2014.
6. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.
7. Hindi version will follow.
(A.K.Jain)
Deputy Secretary to the Government of India
NJCA has decided to continue with the preparation of the Strike
NJCA
National Joint Council of Action
4, State Entry Road, New Delhi – 110055
No.NJC/201517th CPC March 2, 2016
To
All Constituents of NJCA,
Dear Comrade,
The NJCA met today – reviewed the discussions at the Standing Committee meeting with the Cabinet Secretary held on 1.3.2016 – (6.45 to 8.45 PM). The NJCA has decided to continue with the preparation of the Strike. The NJCA will meet again on 7th March evening
Grant of MACPS benefits in the promotional hierarchy – DOPT
No. 22034/04/2013-Estt.(D)
Government of India
Ministry of Personnel Public Grievance & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 01.03.2016
Office Memorandum
Subject:- References / Representations / Court Cases in various Ministries / Departments / Organisations for grant of MACPS benefits in the promotional hierarchy – reg.
In continuation of DOPT’s earlier O.M. of even no. dated 20.01.2016 on the above mentioned subject, the undersigned is directed to forward a copy of the decision of Hon’ble CAT, Ahmedabad bench in OA No. 120/000018/2015 filed by Shri Manubhai B. Rathore Vs. UOI &Ors whereby the demand of the applicant for MACP in promotional Hierarchy has been dismissed.
