National Federationf Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI - 110 055
Indian NationalTrade Union Congress (INTUC)
lnternational Transport Workers' Federation (lTF)
No. IV/MACPS/09/Part. 9
Dated: 07/07/2015The Secretary (E),
Rail way Board.
Sub: Unjustified denial of financial upgradation under MACP Scheme to the serving Graduate Clerks inducted against LDCE quota - Waltair Division of East Coast Railway-reg.
Ref: Railway Board's letter No. PCV/2009/ACP/21/SER dated 16/03/2010 and 27/2/2013.
The ECoRSC, an affiliate of NFIR has brought to our notice a case of denial of 3rd financial upgradation under MACP Scheme in GP 4800/- (PB-2) to the serving Graduate Clerks inducted against 131/4% D/R quota through LDCE on Waltair Division of East Coast Railway in personnel department.
2. In this connection. NFIR desires to state that the Graduate Jr. Clerks, as on 01/10/1980 working in the Personal Department of Waltair Division/East Coast Railway (formerly S.E. Railway) had applied for Sr. Clerk post in the year 1982 against ,DR Quota vacancies. An examination was conducted by Railway Service Commission, Kolkata in the second half of the year 1982. However, consequent to instructions issued by the Railway Board under letter No. PCIII/82/Misc/20 dated 15/10/1982 the Direct Recruitment of serving Graduate Clerks to the post of Sr. Clerks (330-560) as mentioned in clauses (i) and (ii) of para 1 of Board's letter dated 18/06/1981 was held in abeyance pending further orders. Later on Railway Board vide letter No. PCIII/82/Misc/20 dated 12/08/1983 had advised the GMs to go ahead with the induction against Graduate quota through Railway Service Commission and issued instruction to publish the results with the condition "subject to final outcome of the case pending before the Supreme Court". These qualified candidates were subsequently, called for viva-voce and verification of documents by the Railway Service Commission and final panel of Sr. Clerk was issued. These candidates were accordingly inducted as Sr. Clerk based on merit allotted by the Railway Service Commission.
3. These staff were in fact entitled for benefit w.e.f. 01/10/1980 with all consequential benefits at par with the other staff, but however, the Railway Board vide letter No. PC-I11/87/CTC-1/1 dated '!30/01/1987 (RBE No. 12/87) had clarified that the serving Graduates were not entitled for benefit w.e.f. 01/10/1980 and to be treated on the same lines with the candidates similarly recruited from Open Market. Thereafter, the Railway Board vide letter No. PC111/89/CTC-2/4 dated 07/10/1997 had issued instructions, granting proforma fixation of pay to these Sr. Clerks selected by RSC against Graduate quota. The Railway Board vide letter No. PCIII/89/CTC-I[/4 dated 05/06/1998 had issued yet another letter granting seniority to the said Sr. Clerks w.e.f. 1/10/1980 based on the decision of the Hon'ble Supreme Court in SLP (C No. 5177/91) (Smt Anuradha Mukherjee) and others V/s UOI and others. These orders were however, subsequently modified by the Railway Board vide letter No. PCIII/89/CTC-II/4 dated 19/03/1999 based on Supreme Court's injunction and it was clarified that the decision granting seniority to these directly recruited Sr. Clerks against I,DCE Quota through RSC w.e.f. 01/10/1980 should be reversed and they be placed at par with the other Sr. Clerks recruited by the RSC from Open Market.
The position brought out above by the Federation shows that the serving Graduates placed as Sr. Clerk against Direct Recruitment quota pursuant to the selection conducted by Railway Service Commission, Kolkata are "direct recruits". They are therefore required to be considered for grant of 3rd financial upgradation under MACPS in GP 4800/- based on instructions of the Railway Board contained in para (i) of letter No. PC-V/2009/ACP/2 dated 12/09/2012. extract of which is reproduced below:-
"(i) if the relevant RRs provide for filling up of vacancies in a grade by Direct Recruitment, induction of an employee to that grade through LDCE/GDCE may be treated as Direct Recruitment for the purpose of grant of financial upgradation under MACPS. In such cases past service rendered in a lower pay scale/Grade Pay shall NOT he counted for the purpose of MACP Scheme".
In view of the above facts, the Federation contends that the Railway Board's clarification to the General Manager, South Eastern Railway, Kolkata vide letter No. PC-V/2009/ACP/21/SER dated 16/03/2010 and 27/02/2013 denying MACP is erroneous and hence needs immediate rectification. Federation also desires to mention that the Railway Board cannot change the stand taken before the Supreme Court and issue different instructions.
NFIR, therefore, requests the Railway Board to re-examine the whole matter and issue suitable instructions to the General Managers of Indian Railways & PUs, including South [astern & East Coast Railways, for granting 3rd financial upgradation under MACPS to the staff of Ministerial cadre under the circumstances mentioned above. A copy of the instructions issued may he endorsed to the Federation.
(Dr. M. Raghavaiah)