To
Sri. Ashok Kumar Mittal
General Manager,
South
Western Railway,
Kesavpur, Hubli.
Sir,
Sub:
Payment of PLB 2013 through Bank-Reg.
Ref:
1) RB D.O.Lr.
No. 2003/AC-II/21/13 dated 17.08.2004 to GM/SWR
directing the South Western Railway to
pay the salary through
ECS/Bank/ Cheque.
2)
Ministry of Railways (RB) addressed the GMs of All Railways in their
Lr.No. No.E (P&A) II -2012/PLB -4
dt. 18.10.2012 based on W.P.
(CIVIL) NO. 6052/2012 OF 2012
******
Consequent
on the judgment passed in the Hon’ble High Court of Delhi at New Delhi by
Hon’ble Mr.Justice Suresh Kait on 24.09.2012 in the (Extra-Ordinary
Civil Writ Jurisdiction) W.P. (CIVIL) NO. 6052/2012 OF 2012, the Ministry of
Railways (RB) addressed the GMs of All Railways in their Lr.No. No.E (P&A)
II -2012/PLB -4 dt. 18.10.2012 making it clear that the PLB should be disbursed
in priority in the same mode as Salary.
The
third sentence of Para 2 of the letter dated 18.10.2012
“Accordingly
PLB order dated 18.10.2012 were issued instructing the Railways to make the
payment of PLB on priority in the same mode as salary.”
The
term Salary-mode’ means payment of salary through ECS/Bank/ Cheque. Under the
above circumstances payment of PLB 2013 has to be made only in the ‘salary
mode’ of the employee concerned.
If
at all deviation is contemplated IT CAN BE DONE ONLY ON THE REQUEST OF THEE
EMPLOYEE CONCERNED TO PAY THE BONUS IN CASH OR ANY OTHE MODE.
It
is apparent THOSE WHO WANT THEIR BONUS THROUGH THEIR SALARY MODE NEED NOT GIVE
ANY REPRESENTATION,
BUT
ONLY THOSE WHO PREFER ANY ALTERNATE MODE – FOR EXAMPLE BONUS PAYMENT IN CASH.
Therefore
PLB 2013 cannot be paid in cash UNLESS AN EMPLOYEE SUBJMITS A SPECIAL REQUEST
FOR PAYMENT OF BONUS IN CASH which is a deviation from his mode of salary.
Therefore
I plead to your esteemed good self that PLB 2013 shall be paid ONLY IN SALARY
MODE. Perhaps the employees may be exempted from SALARY MODE and paid their PLB
2013 in cash ONLY IN CASES WEHRE THE EMPLOYEES HAVE SPECIFICALLY REQUESTED FOR
CASH PAYMENT THROUGH INIDVIDUAL REPRESENTATIONS.
The
payment of the dues of the employees is a policy matter and it is well settled
through extant RB letter that were quoted in my W.P. (CIVIL) NO. 6052/2012 OF
2012. Anyhow our contention that salary shall be paid only through bank or
bearer cheque was not disputed by Mr.R.N.Singh, Senior Central Government
Counsel (and the others) who had appeared for the Respondents in the said case.
It
being so, the PLB 2013 stands to reason to be paid ONLY IN THE SALARY MODE and
hence no deviation can be permitted on the plea of any Recognized Unions of the
Railways that the employees will be put to hardship due to any urgency or the
festival. The deviation may be considered ONLY IF THE EMPLOYEE SUBMITS HIS
REPRESNTATION UNDER HIS NAME AND SIGNATURE.
In
the above circumstances it is prayed that appropriate orders may be issued to
Railways to effect PLB 2013 ONLY IN SALARY MODE. If your good self were to take
into considerations the PROBABLE Representations of the Recognized Federations like AIRF, NFIR
etc for payment of Bonus in cash it can
be granted ONLY IN CASES WHERE THE EMPLOYEES HAVE SPECIFICALLY REQUESTED FOR
CASH PAYMENT in their name and under their signature.
I reiterate that it cannot be the other way around that those who want
bank payment should submit a written representation. What you have to take note
specifically is that Bank Payment has been made compulsory and hence it is not
proper to advise EMPLOYEES TO GIVE REPRESENTATIONS REQUESTING FOR PAYMENT OF
BONUS THROUGH BANK.
At
this juncture it is warranted to state that cash payment involves huge
expenditure in the form of Honorarium and Traveling Allowance for those who make
payments. Needless to elaborate in the days of present financial scenario the
huge loss to the exchequer is most regrettable and it stands to reason to be
recovered from the one who issues orders for such an exchequer’s loss.
Therefore
I request your benevolent good self to issue orders for payment of PLB 2013
ONLY IN SALARY MODE and IN EXCEPTIONAL CASES IN CASH ONLY ON RECEIPT OF
SPECIFIC REPRESENTATION FROM THE EMPLOYEE REQUESTING FOR CASH PAYMENT AND
CERTAINLY NOT ON THE REQUEST OF LABOUR UNIONS.
If
orders are issued contrary to the prayer herein it may give rise to suspicion
of circumventing well settled policies to appease Recognized Federations.
Thanking
you,
Yours faithfully
Bangalore
07.10.13 (C. Sunish)
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