INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION

(Estd. 1965, Regd. No.1329, Website )

Secretary Personnel & Training &

Chairman,National Anomalies Committee – (Sixth CPC),

Government of India,

North Block, New Delhi.

Dear Sir,

For kind consideration of the National Anomalies Committee

Subject: Anomalies in Sixth Pay Commission Report & Implementation Orders thereon –

Reference: DOP OM no. 11/2/2008-JCA dated 12.1.2009

Indian Railways Technical Supervisors Association is the largest and the oldest organisation representing over 50,000 Engineers / Technical Supervisors on the Indian Railways – who are frontline managers looking after a work force of nearly 8 lakh Railway men - bearing the brunt of the continuously rising workload and responsibilities of production, repair and maintenance of ever increasing fleet of modern Rolling Stock, Locomotives and allied Machinery, Plants, Equipments and valuable mobile and immobile Assets of the Railways – without requisite facilities and staff, continuous erosion of their real wages, lack of adequate avenues of promotion and non-redressal of their genuine problems and demands.

Sixth Pay Commission had added insult to the injury by compounding the injustice meted to the Rail Engineers / Technical Supervisors - by treating them even lower than the Nurses & the Accounts Staff - inspite of ‘higher professional qualifications’, ‘longer training period’ & ‘greater responsibilities’ towards public safety and efficiency of the Railways and inspite of higher existing Pay scales of Engineers / Technical Supervisors than the Nurses & the Accounts Staff. All this had greatly perturbed the Rail Engineers.

Sixth Pay Commission has also created many other serious Anomalies and disparities which have caused serious hardship and wide spread discontentment all around.

IRTSA has constantly been representing to all concerned – including the Ministry of Railways, Ministry of Personnel, Ministry of Finance, Empowered Committee on Sixth Pay Commission etc. - against the injustice done by the Sixth Pay Commission – creating serious anomalies and disparities. But still no relief has yet been provided.

We, therefore, very humbly draw the kind attention of the National Anomalies Committee towards the following major Anomalies which require to be removed in the interest of justice and to promote grater job satisfaction and motivation all around:

  1. Fixation of Pay on Promotion at par with Entry Pay for Direct Recruits.
  2. Removal of drawbacks in Modified ACP Scheme

(a) MACP should be wef 1.1.2006 – as for Revised Pay – and not from 1.9.2008.

(b) GPs under MACP should be same as in the hierarchy of the Cadre

(c) Stepping up of pay for difference in pay under old & MACP

(d) Promotion through LDCE should be considered as entry grade

(e) Consolidated clarifications on existing instructions & Rules.

  1. Withdrawal of system of uniform date of Increment OR suitable compensation through higher rate of increment - to those suffering heavy financial loss due to their increment or promotion falling in February to June.
  2. a) Grade Pay of Rs 5400 to Section Engineers & Senior Section Engineers in Pre revised scales of 6500-10500 & 7450-11500.

b) Grade Pay of Rs 4800 to Junior Engineers in the pre revised scale of Rs.5000-8000 & Rs.5500-9000.

c) i) Grade Pay of Rs 5400 to CMS & CMA I (with BE or MSc)

ii) Grade Pay of Rs 4800 to CMA II in Chemical & Metallurgical Labs

  1. Increase of TA (Transport Allowance) in PB 1 & PB 2 at par with PB -3
  2. Removal of Disparity in Rise of Pay between PB 1 to PB 3 vis-à-vis PB-4 & above –

-Case for restoration of system of Pay Scales &

-3 times uniform Pay rise – as in Scales S 24 to S 34

We request the National Anomalies Committee to please consider and redress the above Anomalies – keeping in view the detailed justifications attached herewith.

Encl: DetailedJustification of each of above items

Yours faithfully,

(Harchandan Singh),

General Secretary, IRTSA

Copy for information & favourable consideration to:

Member Staff, Railway Board & Member National Anomalies Committee (Sixth CPC),

Rail Bhavan, New Delhi.

Items for Agenda of

National Anomalies Committee on Sixth Pay Commission

1. Fixation of Pay on Promotion at par with Entry Pay in the Revised Pay Structure for Direct Recruits

Reference: Railway Service (Revised Pay) Rules 2008 - (Section II of Revised Pay Rules).

i) Revised Pay Rules – 2008 have created an Anomaly and disparity in the Pay between the directly recruited employees and the serving employees who have been promoted to the Recruitment Grade after putting in many years of service. Serving employees have been placed in a disadvantageous position as compared to that of direct recruits.

ii) As per Para 13 of the Revised Pay Rules 2008 cited above, “in case of promotion from one grade pay to another grade pay in the revised pay structure, one increment equal to 3 % of the sum of pay in the pay band and the existing grade pay will be computed. This will be added to the existing pay in the pay band. The grade pay corresponding to the promotion post will thereafter be granted in addition to this pay in pay band. In case where promotion involves change in the pay band, if the pay in the pay band after adding the increment is less than the minimum of the higher pay band to which promotion is taking place, pay in the pay band will be stepped to such minimum.”

iii) Entry Pay in the revised pay structure for direct recruits fixed as per Section II of the First Schedule of Revised Pay Rules 2008, is higher in many cases than the Pay of the Promotees fixed on Promotion as per Para 13 of the Revised Pay Rules 2008, cited above.

Examples:

a) Pay of a Junior Engineer appointed with GP Rs 4200 shall be fixed at 15160 if he is promoted after 2 years as SSE with GP as 4600 as against the Entry Pay of Rs 17140 of a Direct Recruit.

b) Even the Pay of a Junior Engineer appointed with GP Rs 4200 shall be fixed at Rs 16070 if he is promoted after 4 years and just Rs 16540 even if promoted after 5 years as SSE with GP as 4600 as against the Entry Pay of Rs 17140 of a Direct Recruit (DR). This disparity will continue through out the career even if the promotee is senior to the Direct Recruit (DR)

This is totally unjust, anomalous as well as in contravention of the FR 22 (C) of Pre-revised Pay Rules that on “promotion add one increment as a notional one in the lower scale and then fix at the next higher stage in the new scale” – where in the minimum Pay on promotion was fixed at least at the minimum of the Pay Scale.

iv) It is, therefore, requested that the Pay on Promotion should be fixed at least at par with Entry Pay for direct recruits (given in Section II of Revised Pay Rules).

2. Removal of drawbacks in Modified ACP Scheme

i) Date of effect:MACP scheme is operational w.e.f. 01.09.2008(in terms Para 9 of the orders). This is unjustified. Since MACPS is related with pay and not with allowances.It is, therefore, requested that date of implementation of MACP should be 1.1.2006(as for Revised Pay).

ii) Grade pays under MACP should be sameas in the hierarchy of the Cadre: MACPS envisages merely placement in the immediate next higher grade pay in the recommended revised pay bands and grade pay as given in Revised Pay Rules, 2008. Thus, the grade pay at the time of financial up-gradation in certain cases where regular promotion is not between two successive grades can be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the concerned cadre will be given only at the time of regular promotion. This is anomalous- as apparent from the following example:

EXAMPLE: Grade pay of Rs. 5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of up-gradations. Graduate Engineers in Railways who are recruited in GP-4600 PB-2 on their regular promotion will be placed in GP-4800 after their first promotion, then GP-5400 after their second promotion and then GP 6600 after their third promotion. But in MACPS on third financial up-gradation they will be placed only in the GP- Rs. 5400 PB-3, which is against the very spirit the recommendations of Sixth CPC.

It is, therefore, requested that financial up-gradation under MACPS be given to the Grade Pay as available in the hierarchy of the cadre.

iii) Stepping up of pay for difference in pay under old & MACP: No past cases would be re-opened(in terms Para 11 of the orders on MACPScheme cited above) and while implementing the MACP Scheme, the differences in pay scales on account of grant of financial up-gradation under the old ACP Scheme (of August 1999) and under the Modified ACP Scheme within the same cadre shall not be construed as an anomaly.

This is unjustified – especially in cases of a senior getting his upgrading under the old ACPS (say in August, 2008) & the junior getting it later (say in September, 2008) under the Modified ACPS – the pay of the junior will be higher than that of the senior.

It is, therefore, requested that Employees should be given a stepping up of pay on account of old ACP and Modified ACPS.

iv) Promotion through LDCE should be considered as entry grade: Staff who get their promotion through Limited Departmental Competitive Examination (LDCE) – especially the Technicians on Railways promoted through LDCEas Intermediate JEs are given one and half year training like the direct recruit JEs recruited through RRB. No other category goes through such a training equal to that of direct recruited JEs or the Intermediate JEs on Railways.

It is requested that promotion through Limited Departmental Competitive Examination (LDCE) be considered as entry grade for the purpose of financial up-gradation through MACPS and Intermediate JEs should be given three financial up-gradations after the promotion as JEs.

v) Consolidated clarifications: Some parts of the orders on old ACP Scheme issued vide Office memorandum of DOPT No.35034/1/97-Estt(D) dated August9, 1999, and many of nearly 65 clarifications issued there of, are still relevant while some others are redundant.

Instead of clarifying the same points individually after getting fresh queries from the Departments, it is requested that consolidated clarifications be issued whether the old clarifications are applicable, modified or are now redundant –as the case may be in each case.

3. Withdrawal of system of uniform date of Increment – causing discriminatory postponement of increments due in the intervening periods.

Ref: F. No. 1/1/2008-IC, Ministry of Finance, Dept of Expenditure, Dated 13th September, 2008

i) Due to introduction of uniform date of increment on July 1st, increments of employees whose increments fall between February and June are getting withheld by up to 5 months causing recurring loss permanently in their entire service as well as on their retirement benefits.

ii) Employees whose promotion falls between February and June will also lose the 3% promotional increment up to July of that year. This is unjust and Anomalous. This is also in contravention of Fundamental Rules. Under Rule 1318 (F.R.24) “an increment other than the next above an efficiency bar ordinarily be drawn as a matter of course unless it is withheld. --- The increment shall be drawn as from the first of the month in which it falls”.

It is, therefore, requested that: Either i) System of uniform date of increment be withdrawn forthwith & existing system be restored of granting the increment from the month it is due.

OR ii) All those whose increment was due between February to June or who are appointed or promoted in the period February to June may be suitably compensated - through grant of increment at a higher rate of 3.5 to 4% (instead of 3%) in proportion to the monetary loss suffered by them due to change of system to uniform date of increment – which has been done purely for administrative reasons and employees must not suffer for the same.

4. a) Grade Pay of Rs 5400 to Section Engineers & Senior Section Engineers in Pre revised scales of 6500-10500 & 7450-11500.

Great injustice has been done to the Technical Supervisors especially those in the pre revised scale of 7450-11500, who had not been given any upgrading either by the Sixth CPC or by the previous two pay commissions. They have been given the grade pay of Rs.4600 which is much lower than that of Section Officers/Accounts, Rs.6500-11500, who have been given the grade pay of Rs.4800, Nursing sister, Matrons and Teachers who have been given the Grade pay of Rs.4800, 5400 and 6600 as against some upgrading given to most of the other staff In all the Groups from A to D. This has disturbed the vertical relativity and horizontal parity, besides undermining the qualifications, training and experience as well as the vital role played by the Technical Supervisors in the safety, efficiency and productivity on the railways and increase there of over the years on account of modernization and sophistication due to the introduction of High speed trains and tractive units etc.

The Senior Section Engineers have to perform multifarious responsibilities to ensure achievements of outturn target, optimum productivity, quality control, safety, material management and optimum utilization of man power, machinery, equipment, Rolling Stock and other resources under their charge besides effective co ordination with management and other shops, sheds, stores and Establishments.

They are in over all charge of the shop, shed or depot and have to supervise the work of a large technical work force. They have in addition also supervise the work of the ministerial staff working under them including the Office Superintendent or Chief Clerk who were also placed in the same Pre-revised scale of Rs.7450-11500 and granted a Grade Pay of Rs.4600. This is against the principle of equality, natural justice and as per settled law that “an equal can not be over an equal.”

It is, therefore, requested that the Grade pay of Senior Section Engineers and Section Engineers in the Pre-revised Scale of Rs.7450-11500 and Rs.6500-10500 respectively be revised to Rs.5400 and placed in PB-3.

4. b) Grade Pay of Rs 4800 to Junior Engineers in the pre revised scale of Rs. 5000-8000 & Rs. 5500-9000.

Junior Engineers in the pre revised scale of Rs.5000-8000 & Rs.5500-9000 have been placed in the Grade pay of Rs.4200 as against much higher grade pay of Rs.4600, Rs.4800 and Rs.5400 allotted to the Para Medical Staff, (Nursing cadre) Teachers and Accounts Staff etc. This has disturbed the vertical relativity and horizontal parity, besides undermining the qualifications, induction training of 18 months to Diploma Holders and long years of experience of promotees. It has also ignored the vital role played by the Technical Supervisors in the safety, efficiency and productivity on the railways and increase there in over the years due to modernization and sophistication due to the introduction of High speed trains and tractive units etc.

The Senior Technicians (Master Craftsmen) have been allotted a Grade pay of Rs.4200. They are promoted as Junior Engineers who have also been placed in the Grade Pay of Rs.4200 which is unjustified since “an equal can not be over an equal”.

The Sixth CPC has discriminated against the Junior Engineers in the Pre-revised scale of Rs 5000-8000 & Rs.5500-9000 by placing them in PB-2 with the Grade Pay of Rs.4200 vis-a-vis Staff Nurse and Nursing Sisters in the Pre-revised Scales of Rs.5000-8000 and Rs.5500-9000, who have been placed in PB-2 with the higher Grade Pay of Rs.4600 and Rs.4800 respectively.

The recruitment qualifications of Staff Nurse as well for the Nursing Sister are certificate as registered Nurse and Mid-wife with three years course in General nursing (which is not a Degree Course). The requirement qualification of Junior Engineer is Diploma in Engineering with the induction training of 18 months.

The comparative duties and responsibilities of Junior Engineers are more onerous and requiring higher technical knowhow and effective quality control specially with the modernization of the Rolling Stock and the overall Technology in all Technical Departments.

It is therefore requested that the Grade pay of Rs.4800 may please be granted to the Junior Engineers in the pre-revised scale of Rs.5000-8000 & Rs.5500-9000.

4. c) i) Grade Pay of Rs 5400 to CMS & CMA I (with BE or MSc)

ii) Grade Pay of Rs 4800 to CMA II in Chemical & Metallurgical Labsi) As per Report of Sixth CPC, CMA I (in pre-revised scale of Rs 5500-9000) have been merged with CMA- II (in pre-revised scale of Rs 5000-8000) and given a Grade Pay of Rs 4200. This is anomalous as CMA-II and CMA-I have different recruitment qualifications as indicated below:

a) Recruitment qualifications prescribed for the Chemical & Metallurgical Assistants-I (CMA-I) in Pre-revised scales on the Railways was Degree in Metallurgy / Chemical Engineering or M.Sc Chemistry / Applied Chemistry.

b) The Recruitment qualifications for CMA-II is B.Sc (Chemistry).
ii) The Sixth Pay Commission have contravened the principle and policy as decided by it vide Para 3.8.3 c) of its report – ‘to maintain the existing relativity between various categories. It has disturbed the existing relativity between the Chemical & Metallurgical (CMT) Staff on one hand and the Teachers, Para-Medical (Nursing Cadre) & Accounts Staff on the other hand - by allotting the Grade Pay of Rs 4200 & 4600 to the Chemical & Metallurgical (CMT) Staff (vide RBE No; 103 & 108) as against the Grade Pays of Rs 4800 & 5400 to the Teachers, Para-Medical (Nursing Cadre) and Rs 4800 to Accounts staff (vide RBE No; 124).

iii) Sixth pay Commission had further contravened its following policy which has since been also accepted by the Government:

Para 3.4.7 of sixth pay commission clearly mentions that "all posts in Subordinate engineering cadres carrying minimum qualifications of a degree in engineering and having an element of direct recruitment should be placed in the running Pay Band PB-2 of Rs.8700-34800 along with the grade pay of Rs.4600 corresponding to the pre-revised pay scale of Rs.7450-11500."

a) CMA-II (in the pre-revised scale of 5000-8000) be granted Grade Pay of 4800.
b) CMA-I (in pre-revised scale of Rs 5500-9000), having an element of direct recruitment with minimum qualifications of Degree in Engineering or Post Graduation in Science, be upgraded as CMS-I (in pre-revised scale of Rs 7450-11500).

c) CMS-II & CMS I (in pre-revised Scales of Rs 6500-10500 & Rs 7450-1150) be granted Grade Pay of Rs 5400 in PB-3).

5.Increase of TA (Transport Allowance) in PB 1 & PB 2 at par with PB -3

Total amount of TA (Transport Allowance) and CCA for A1 cities in PB-3 with grade pay ofRs.5400 and above were Rs.1100. The new TA rate for these categories is Rs.3200, 2.9 times to the sum of pre-revised TA & CCA. The total amount of TA and CCA was Rs. 700 for A1 cities in pre-revised pay scale of Rs.6500-10500 & 7450-11500 - now placed in PB-2 with grade pays of Rs. 4600. The new TA rate for these categories is Rs.1600, only 2.28 times to the sum of pre-revised TA & CCA. TA should be increased at a uniform rate for all the categories since the purpose and elements for increase are the same for all levels. Transport Allowance should also be uniform all over the country as the cost of fuel is nearly the same - irrespective of the class or category of city.It is requested that rate of Transport Allowance be increased by 2.9 times to the sum of pre-revised TA & CCA, as in the case of PB 3.