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.IV/MACPS/09/Pt.6 Dated: 27/02/2013
The Secretary (E),
Sub: Grant of financial upgradation to Railway employees under MACP SchemeTreatment of period of training – reg.
Ref: Railway Board’s letter No.PC-V/2009/ACP/6/NWR dated 10th September, 2012.
NFIR wishes to invite attention of the Railway Board to the reply sent to the General Manager(P)/N.W.Railway, Jaipur vide letter cited under reference stating that the training period is not to be counted as regular service for granting financial upgradation based on para 9 of Railway Board’s letter dated 10/06/2009 and that based on para 302(i) of IREM-Vol-I the regular service of a Railway employee shall be reckoned from the date of joining on a working post after completion of prescribed period of training.
2. Federation is disappointed to note that while sending reply, the Railway Board have not consulted relevant rules relating to the curtailment of training period for the purpose of granting financial benefit under MACPS to the employees. Extract of the rules quoted by the Railway Board in the letter under reference are reproduced below for appreciation of the issue:-
Extract from Railway Board’s letter No.PC-V/2009/ACP/2 dated 10/06/2009
“9. ‘Regular service’ for the purpose of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption/re-employment basis. Service rendered on adhoc/contract basis before regular appointment on pre-appointment training shall not be taken into reckoning. However, past continuous regular service in another Governemtn/Department in a post carrying same Grade pay prior to regular appointment in a new Department, without a break, shall also be counted towards qualifying regular service for the purpose of MACPS only (and not for the regular promotions). However, benefits under the MACPS in such cases shall not be considered till the satisfactory completion of the probation period in the new post.
Para 302. Seniority initial recruitment grades: Unless specifically stated otherwise, the seniority among the incumbents of a post in a grade is governed by the date of appointment to the grade. The grant of pay higher than the initial pay should not, as a rule, confer on a railway servant seniority above those who are already appointed against regular posts. In categories of posts partially filled by direct recruitment and partially by promotion, the criterion for determination of seniority should be the date of regular promotion after due process in the case of promote and the date of joining the working post date due process in the case of direct recruit, subject to maintenance of inter-se-seniority of promote and direct recruits among themselves. When the dates of entry into a grade of promoted railway servants and direct recruits are the same they should be put in alternate positions, the promote being senior to the direct recruits, maintaining inter-se-seniority of each group.
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Note:-(i) In case the training period of a direct recruit is curtailed in the exigencies of service, the date of joining the working post in case of such a direct recruit shall be the date he would have normally come to a working post after completion of the prescribed period of training.
[No.E(NG)I-78-SR-6-42 dated 07/04/1982 ACS 132]”
3. Perusal of the above would reveal that none of the above provision deals with the case referred by the North Western Railway, therefore, the plea taken by the Railway Board is not tenable. On the other hand the NFIR wishes to convey following factual position:-
· The training period of a Railway employee is curtailed by the Railway Administration in the exigency of services for fulfilling administrative requirements, not, on the request of the employee. Thus the employee can not be put to disadvantage while starting work on the regular post prior to completion of the fixed tenure of training.
· Further NFIR wishes to state that the Railway Board’s reply to NWR (vide letter No.PC-V/2009/ACP/6/NWR dated 10th September, 2012), citing condition No.9 of Railway Board’s circular dated 10/06/2009, for denying the benefit is improper. The said condition is not at all applicable in the instant case where in the employee has joined the working post and regular service counts from that date.
· The Railway Board has also cited erroneously the provision of IREM, Vol-I of para 302(i). Said para of IREM relates to rule regarding fixation of seniority of railway employees recruited in the initial recruitment grade after successful completion of prescribed period of training and not curtailed period of training.
Federation contends that none of the rules cited by the Railway Board is relevant to the benefit to be extended under MACP Scheme, therefore, reply of Railway Board is not acceptable.
4. Federation requests the Railway Board to appreciate the following factual position:-
· On raising the demand by NFIR in the PNM meeting at the level of Railway Board, it was decided vide letter No.E(NG)I/86/IC 1/3 (PNM NFIR) dated 2/3/1988 and E(NG)I/90/IC 1/1 dated 4/2/1991 that the period of training will count towards increments including for those Railway employees who are sent for training immediately after their appointment.
· The instructions issued by the Railway Board vide letter No.E(NG)II/87/RR-1/21 dated 30/06/1987, 25/11/1988 and 27/11/1990, lay down that on curtailment of period of training, the trainees shall be posted against the post for which they have been recruited. They shall, on successful completion of training/curtailed period of training are entitled to all benefits as applicable to incumbents of such posts except seniority.
5. From the position explained by NFIR it is crystal clear that the curtailed period of training has been permitted by the Railway Board to be reckoned for granting all benefits except seniority, which inter-alia includes financial upgradation under MACP Scheme as the employee has not asked for seniority.
NFIR, therefore, once again requests the Railway Board to review and issue suitable instructions duly counting the period from the date the employee had joined against post consequent upon curtailment of training and grant financial upgradation under MACP Scheme. A copy of instructions may be endorsed sent to the Federation.