NFIR : Grant of financial up gradation under MACPS to SSE-Drawing (formerly Diploma Holder Tracers) appointed against DR quota vacancies as Assistant Draftsman
No. IV/MACPS/09/Pt.II
Dated: 29/01/2018
The Secretary (E)
Railway Board
New Delhi
Dear Sir
Sub: Grant of financial up gradation under MACPS to SSE-Drawing (formerly Diploma Holder Tracers) appointed against DR quota vacancies as Assistant Draftsman-reg.
Ref:
(i) NFIR’s PNM item No.15/52015
(ii) NFIR’s letter No.IV/MACPS/09/Pt.10 dated 7/11/2016.
(iii) Reply receive vide Board’s letter No.PC-V/2015/PNM/NFIR/2 dated 30/05/2017 addressed to GS/NFIR
(iv) NFIR’s letter No.IV/MACPS/09/Pt. 10 dated 19/06/2017.
(v) PCPO/S.C.Rly’s letter No.SCR/P-HQ/510/EE/GM.PNM/SCRES dated 21/11/2017 addressed to Railway Board.
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Through the action taken statement provided to the NFIR during the PNM meeting held with the Railway Board on 13/14.11.2017, the Railway Board desired to have copies of NFIR’s letters dated 07/11/2016 & 12/04/2017 for further examination of the matter. Accordingly, the NFIR sends herewith copies of its letters dated 7/11/2016 & 12/04/2017 (with enclosures).
Federation re-iterates that pursuant to the demand raised by our affiliate the SCRF Sangh in the GM/PNM meeting, the PCPO, SCRly vide letter dated 21/11/2017 has sent another letter to the Board seeking clarification. A copy of PCPO/S.C.Rly letter dated 21/11/2017 is also enclosed for ready reference.
NFIR once again reiterates following points and facts for taking decision to concede Federation’s demand on S.C.Railay’s cases.
NFIR once again reiterates following points and facts for taking decision to concede Federation’s demand on S.C.Railway’s cases.
The panel of Diploma Holder Tracers to the post Asst. Draftsman against 50% DR qutoa was formed and implemented on 20th Jan, 1984. Para 5.3 of Railway Board’s letter No.PC III/84/UPG/19 dated 25/06/1985 is not applicable to the candidates as they were the empanelled Asst.Draftsman in the year 1984 itself (against DR quota). This connection of the Federation can be verified from the letter dated 21/11/2017 sent by the South Central Railway to Railway Board.
The group of ten employees selected against DR quota were placed above in the seniority list to those promoted against restructured posts pursuant to Board’s destructing decision.
Federation therefore contents that the SSE/Drawing (Former Diploma Holder Tracers) appointed as Asst Draftsman against DR quota vacancies as per Board’s orders have been wrongly denied the benefit of 3rd MACP in GP 4800/-.
NFIR therefore urges upon the Railway Board to review the decision and issue instructions to the Zones etc., for allowing MACP benefit (3rd MACP in GP 4800) to the Diploma Holder Tracers appointed as Asst Draftsman aganist 50% DR qutoa vacanices, duly treating their entry as “appointment”. A copy of the insructions issued may be endrosed to the Federation.
DA/As above
Yours faithfully,
S/d,
(Dr M. Raghavaiah)
General Secretary
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No. IV/MACPS/09/Part 10
Dated: 07/11/2016
The Secretary (E),
Railway Board,
New Delhi
Dear Sir
Sub: Grant of financial up gradation under MACPS to SSE/Drawing (formerly Diploma Holder Tracers) appointed against DR Quota vacancies as Assistant Draftsman-reg.
Ref:
(i) NFIR’s PNM Item No. 15/2015.
(ii) Railway Board’s letter No. PC-V/2015/PNM/NFIR/2 dated 21/10/2016.
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Reply given by Railway Board vide letter dated 21st October 2016 is not in consonance with the facts as well merits relating to grant of MACP to the staff. The Federation reiterates below its points:-
(a) Attention is invited to Railway Board’s letter No. PC-V/2009/ACP/2 dated 12/09/2012 (RBE No. 100/2012) wherein it has been clearly stated that if the relevant RRs provide for filling 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 up gradation under MACPS.
In the instant case raised through PNM agenda item No. 15/2015, the NFIR has been repeatedly highlighting the fact that the Railway Board vide letter No. E(NG)III/79/RCI/49 dated 21st April 1980 had issued instruction to GMs, for filling the 50% DR quota vacancies of Asstt. Draftsman (Gr. Rs. 330-560) from among the serving employees who possessed diploma. Accordingly, the South Central Railway as well other Zones have conducted selections (Written Test and Viva-voce) and those who were empanelled were absorbed against 50% DR Quota,
(b) On South Central Railway, the panel approved by the competent authority was published against 50% DR Quota (Civil Engineering Department) on 16th January 1984 and accordingly the empanelled staff were absorbed as ADM. The Board’s contention that serving Diploma holders were promoted against 50% DR quota vacancies is incorrect in view of the fact that they were subjected to selection of RRB standard and absorbed on empanelment.
(c) So far as proforma promotion granted to the absorbed staff w.e.f. 01/01/1984 is concerned, it needs to be appreciated that restructuring orders were issued later on i.e. after a gap of more than one year and taking advantage of “proforma benefit” and denying the benefit of MACPS is also incorrect, when the staff were already absorbed against DR Quota. Even assuming that the absorbed staff were technically eligible for proforma benefir from 01/10/1984, they should be given opportunity to indicate whether they are willing to give up the so-called proforma benefit for availing MACPS benefits. It is also to be noted that higher salary was allowed under cadre restructuring only from 01/01/1985 by which date the Diploma holders were already working against DR Quota posts by virtue of their absorption.
NFIR, therefore, requests the Railway Board to review the case impartially duly giving weightage to the merits and logic instead mechanically arriving at conclusion that the staff are ineligible for the benefit of MACPS.
Yours faithfully,
S/d,
(Dr. M. Raghavaiah)
General Secretary
******
No. IV/MACPS/09/Part 10
Dated: 12/04/2017
The Secretary (E),
Railway Board,
New Delhi
Dear Sir,
Sub: NFIR’s PNM meeting held with the Railway Board on 22nd and 23rd December 2016-reg.
Ref: Railway Board’s letter No. 2016/E(LR)I/NMI-16 dated 31/03/2017 addressed to the General Secretary, NFIR.
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The position furnished by the Railway Board pertaining to the cases of NFIR PNM Items (Annexure ‘A’) and position on other issues (Annexure ‘B’) has been reconciled at this end. The Federation’s views on each item are placed in the last column of Annexures ‘A’ & ‘B’ for review and further action as per the record note of discussions circulated already.
Annexure ‘A’ & ‘B’ attached
Yours faithfully
S/d,
(Dr.M. Raghavaiah)
General Secretary
Annexure ‘A’
Position/remarks on MACPS issues raised through pnm/NFIR agenda item(s)
Ref: Railway Board’s letter No. 2016/E(LR)/1/NM1-16 dated 31/03/2017 to GS/NFIR
|
PNM Item No. |
Subject |
Position/remarks furnished by Railway Board |
Federation’s views |
|
1/2011 |
Grant of financial upgradation under MACPS to the staff who are in the same Grade Pay for more than 20 years. |
The matter has twice been examined in consultation with DoP&T and DoP&T has not agreed for the same. Moreover, DoP&T being the nodal Deptt. this Ministry is not in position to deviate from the instructions/clarifications issued by them. As such, there appears to be no other option left.
The long pending item may be ‘closed’ |
In Para 3.2 of the demand No.2 of I.D. Note dated 17/05/2016 sent to DoP&T it is seen that the Railway Board have deliberately added “even if none of the conditions viz., 30 years of service from the date of initial joining of the post or completion of 10 years of service from the 2ndfinancial upgradation/promotion is fulfilled” – for obtaining negative clarifications. The Federation does not agree to this |
|
16/2011 |
Abolition of pay scales and introduction of upgraded pay scales with revised designation – case of SSE (Drawing) clarification on entry grade pay. |
The matter has been duly examined in consultation with DoP&T and reply to Federation has been issued vide Board’s letter dated 19/10/2016. |
Federation’s response sent vide letter dated 07/11/2016 has not yet been considered. This being deserving case of JE/SSE (Drawing) cadres who have been deprived of MACP, Federation urges to review for mitigating the problem. |
|
56/2012 |
Counting of Service of D-2 Khalasis in CLW for extending benefits of financial upgradation under MACOS |
The item has been discussed threadbare with the Federation and the reply given by CLW is comprehensive covering all the doubts on the issue. There appears to be no issue outstanding for discussion. The long pending item may be ‘closed’ |
Separate meeting in association with CPO, CLW is yet to be arranged by the Board. |
|
16/2013 |
Non-grant of benefit under MACP Scheme to the Stock Verifiers working in Zonal Railways/Production Units-reg. |
The relevant instructions for allowing benefit of MACPS to Stock Verifiers by not reckoning their promotion from AA to ASV (same Grade Pay) have been issued vide Board’s letter dated 19/12/2016 IRBE No. 156/2016). Thus, the item may be ‘CLOSED’ |
May be treated as finalized. |
|
17/2013 |
Grant of financial upgradation under MACP Scheme – Wrongful clarification issued by the Railway Board. |
Basically, the item is relating grant of higher Grade Pay under MACPS in cases where feeder and promotional grade posts are in same Grade Pay. Meanwhile Federation vide their letter dated 22/09/2016 had requested to make available the copy of reference made to DoP&T and reply thereto. Accordingly, the desired information has been furnished to the Federation vide Board’s letter dated 06/10/2016. Moreover, DoP&T being the nodal department of Government on MACPS, this Ministry can not deviate from the instructions/clarification issued by them. As such, there appears to be no issue outstanding for discussion. The item may be ‘closed’. |
The reference provided by Railway Board relates on Om dated 31/10/2012 addressed to DoP&T and reply thereto vide dated 01/11/2012 from DoP&T i.e. prior to issuance of Board’s instructions dated 13/12/2012. The PNM agenda Item appears to have not been examined in detail for apprising Railways situation to DoP&T. |
|
19/2014 |
Denial of revised V CPC pay scale – Injustice meted out to Midwives on Western Railway. |
As desired by the Federation, the matter has been examined based on the information regarding recruitment qualification and pay scale at the time of recruitment obtained from Western Railway and reply to Federation has been issued vide Board’s letter dated 12/05/2016. As such, no action is pending. The item may be ‘CLOSED’. |
The position furnished does not appear to be correct because of the fact that letter No. PC-V/2009/ACP/15/NR dated 12/05/2016 relates to the case of Cash & Pay staff of Northern Railway and not the PNM Item No. 19/2014. NFIR’s communications on the subject may be examined. |
|
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. |
As requested by the Federation vide their letter dated 22/09/2016 to examine the matter in context of their letter in No. IV/MACPS/09/Part 10 dated 09/05/2016. Accordingly, the matter has been examined and replied to NFIR vide Board’s letter dated 21/10/2016. Further, DoP&T has already been consulted on the issue and they have not agreed to the proposal saying that the services should be reckoned from the date of direct recruitment as mentioned in the policy circular issued in this regard. As no other course of action appears to be left available, the item may be ‘closed’. |
Federation does not agree with the position explained in view of the face that its reference dated 07/11/2016 has not been taken into account before taking a view. It should be appreciated that serving diploma holders were absorbed against D/R quota posts, pursuant to Railway Board’s orders. Denying MACP on the pretext that they were granted restructuring benefit (w.e.f. 01/01/1984) during the year 2006 is not correct as the staff were already working against the D/R/Quota posts prior to issuance of restructuring orders. |
|
46/2015 |
Grant of financial upgradation under MACPS to the Technical Supervisors of DC Traction and presently working as JE/SSE. |
As requested by the Federation, the matter has been reviewed based on the information obtained from Central Railway as well as in light of the extant instruction on the subject and accordingly, Federation have been replied vide Board’s letter dated 21/02/2017. There appears no other course of action to be left available. |
The decision of the Railway Board conveyed vide letter dated 21/02/2017 to the Federation is not acceptable as the same being discriminatory for the reasons that the Technical Supervisors of DC Traction cannot be treated differently than the staff of other Technical Departments having similar educational qualification. The references made by NFIR may be examined properly for reaching conclusion. NFIT had given valid inputs to Board through its letters also. |
|
47/2015 |
Grant of MCAP to the former Traffic Signallers absorbed as ASMs/SMs on North Eastern Railway-reg. |
As requested by the Federation to examine the matter in context of their letter dated 12/09/2016. The same has accordingly been examined and replied to the Federation vide Board’s letter dated 02/01/2017. |
Reply sent by the Board vide letter dated 02/01/2017 is not convincing due to the reason that the contents of Board’s letter dated 6th April 1972 have not been taken into consideration for appreciating the recruitment back ground and facts of the case. Also refer the facts mentioned in NFIR’s letters. |
|
24/2016 |
Denial of financial upgradation under MACP Scheme to the serving Graduate Clerks inducted against LDCE Quota on East Coast Railway. |
As decided in the meeting held on 19th & 20th May, 2016, E.Co. Railway have been asked to advise the rule and methodology under which the pay of the employees promoted as Sr. Clerks through LDCE against 131/3% quota has been fixed.
Reply from E.Co. Railway is awaited. Further, as per para 2 of Board’s letter dated 18/06/81 and also in terms of Board’s letter dated 07/10/97 benefit of pay fixation has been allowed on promotion to Sr. Clerks post through LDCE. Therefore, this promotion has to be counted for the purpose of MACPS. |
i. The senior Clerks were inducted against (D/R Quota) through LDCE and Pursuant to written test conducted by the Railway Service Commission (presently known as RRB). These posts therefore part of D/R Quota for which the rules for the direct recruitment have been followed and staff selected and absorbed.
ii. Since the recruitment rules provide induction through LDCE/GDCE, the condition contained in Board’s letter dated 13/12/2012 – item No. (i) is fulfilled therefore the staff should be granted MACP as already contended by NFIR. |
Annexure ‘B’
Position/remarks on other MACPS issues raised by NFIR
|
Item No. |
Subject |
Position/remarks furnished by Railway Board |
NFIR’s reference/PNM Item |
|
1 |
Financial upgradation under MACPS to the directly recruited Graduate Engg-Considering entry Grade Pay as Rs. 4600/- for the purpose of MACP to all the directly recruited Engg. Graduates in Design/Drawing cadre and other cadres. |
The matter has been consulted with DoP&T and they have advised that the demand does not cover in the MACPS as the Scheme provides for counting service from direct entry grade. Further, DoP&T being the nodal department, this Ministry can bot deviate from the instructions issued by them. There appears to be no issue outstanding for discussion. Thus, the item may be ‘closed’. |
Grave injustice has been meted out to Engineering Graduates due to non-allotment of pay scale Rs. 6500-10500 (V CPC) consequently, they have been deprived of MACP. Federation had explained the merits through letters. The case should be got reviewed for mitigating hardship caused to this category. |
|
2 |
Third financial upgradation under MACPS on completion of 20 years of service from the first promotion or 10 years after second promotion or 30 years after regular appointment whichever is earlier. |
The matter has twice been examined in consultation with DoP&T and DoP&T has not agreed for the same. Moreover, DoP&T being the nodal Department, this Ministry is not in position to deviate from the instructions/clarifications issued by them. As such, there appears to be no other option left. The long pending item may be ‘closed’. |
Board may refer Federation’s views against PNM Item No. 1/2011 in Annexure ‘A’ enclosed. Federation reiterates that 3rdMACP should be granted in those cases of stagnated for over 20 years from the date of first promotion. |
|
3 |
Grant of financial upgradation under MACP in the promotional hierarchy – (instead of Grade Pay hierarchy) – as per judgment of various Courts. |
The factual position/details about the cadres where ACP Scheme as contended by the Federations have ascertained from Railways. The same is under examination. |
The Board’s contention is totally incorrect. In this context NFIR’s letter No. IV/MACPS/09/Part 10 dated 10/04/2017 may be connected for reviewing the case. |
|
4 |
MACP benefits to Railway employees – Cases of employees joining another unit/organization on request, (Railway Board’s letter No. PC-V/2009/ACP/2 dated 31/01/2013 – NFIR’s letter dated 29/07/2013). |
As desired by the Staff Side, necessary instructions have been issued vide Board’s letter dated 23/11/2015 (RBE No. 147/2015) and thereafter a corrigendum has also been issued vide Board’s letter dated 17/02/2016 (RBE No. 19/2016). |
Although DoP&T OM clearly provides that the past promotion in the case of employees who join in lower grade post at their request in the new unit/organization should be ignored for the purpose of MACPS, the Railway Board has twisted the mater and issued corrigendum to deny the MACP to the staff who joined in the lower grade post of the new unit/organization. The Board’s interpretation is not acceptable to Federation. In this connection, Federation’s letter No. IV/MACP/09/Part 10 dated 09/06/2016 may also be perused. |
|
5 |
Provision of all benefits on financial upgradation under MACPS – including entitlements for travel & treatment in hospital etc. |
In the meeting Staff Side was requested to come out with specific entitlement which are being deined to such Staff. No reply from the Staff Side has been received so far. |
No comments. |
|
6 |
Non-grant of benefit of financial upgradation under MACPS to the staff on North Western Railway. |
As decided in the meeting, the matter has been examined after obtaining information from N.W. Railway and reply to the Staff Side has been issued vide Board’s letter dated 17/03/2017. |
NFIR’s letter No. IV/MACPS/09/Part 10 dated 06/03/2017 may be considered for imparting justice to the staff. |
|
7 |
Grant of financial upgradation under MACPS to the Staff who are in the same Grade Pay for more than 20 years. |
The matter has twice been examined in consultation with DoP&T and DoP&T has not agreed for the same. Moreover, DoP&T being the nodal Department, this Ministry is not in position to deviate from the instructions/clarifications issued by them. As such, there appears to be no other option left. The long item pending may be ‘closed’. |
Same remarks as given vide Item No. 2 above. |
|
8 |
Abolition of pay scales and introduction of upgraded pay scale with revised designation – SSE Drawing clarification on Entry Grade PAY. |
Federation has requested that the matter may be examined in context of their letter dated 05/09/2106. Accordingly, the same has been duly examined in consultation with DoP&T and reply to Federation has been issued vide Board’s letter dated 19/10/2016. |
Please refer NFIR views already furnished with reference to PNM Item No. 16/2011. |
|
9 |
Non-grant of financial upgradation under MACPS to Stock Verifiers working in Zonal Railway/PUs. |
The relevant instructions for allowing benefit of MACPS to Stock Verifiers by not reckoning their promotion from AA to ASV, have been issued vide Board’s letter dated 19/12/2016 (RBE No. 156/2016). Thus, the item may be ‘CLOSED’. |
May be treated as finalized. |
|
10 |
Grant of financial upgradation under MACP Scheme – Wrongful clarification issued by the Railway Board. |
Basically, the item is regarding grant of higher Grade Pay under MACPS in cases where feeder and promotional grade posts are in same Grade Pay. Federation vide their letter dated 22/09/2016 have requested to make available the copy of reference made to DoP&T and reply thereto. Accordingly, the desired information has been furnished to the Federation vide Board’s letter dated 06/10/2016. Moreover, DoP&T being the nodal department of Government on MACPS, this Ministry can not deviate from the instructions/clarifications issued by them. As such, there appears to be no issue outstanding for discussion. The item may be ‘Closed’. |
Refer remarks against NFIR’s PNM Item No. 17/2013 and the letters written by the Federation. |
|
11 |
Wrong implementation of MACP Scheme in IT Cadre/Granting of financial benefit under MACP Scheme to EDP Staff. |
The matter has been consulted with DoP&T and they have advised to examine and decide the matter in terms of clarification No. 35 of DoP&T OM dated 18/07/2001. Accordingly, the same is under examination. |
In as much as the posts have been upgraded as part of re-organization, such promotions against upgradation are required to be ignored in terms of Para 5 of Board’s letter dated 10/06/2009 for the purpose of applying MACP Scheme. The case of IT cadre needs to be reviewed. |
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