8:14 AM
To,
The Hon'ble Minister for Railways,
Government of India,
Rail Bhavan,
New Delhi.
Through General Manager
___________________
Respected Sir,
Sir, it is a very painful matter that
the loco running staff are always being made victim of injustice although this
category is very important and vital for maintaining the productivity, punctuality and security in
railways.
Sir, our Secretary General had
submitted this memorandum on 23.08.2013 to the then Hon’ble MR and subsequently
all the Division and Zonal units of AILRSA had submitted it through respective
DRM and GM but sorry to say that at one side none of the grievances is resolved
so far but another side new problem is created by an instruction on the subject
of using the CUG mobile phone. Hundreds of charge-sheets have been issued all
over country on this matter without a justified reason, misusing the
instruction of Railway Board on this matter. Further our Secretary General has
also forwarded on the resolution date on 29.06.2014 which are adopted in CWC
meeting held on 13th & 14th June 2014 at Chennai for
your appropriate consideration please. However, once more we would like to draw
your kind attention on the grievances for its redressal please and hope that
co-ordeal Labour relation is maintained.
Sir, as you know that we have been
made victim of injustice by sixth CPC on the question of GP, additional
allowance and subsequently by the Railway board on the question of rate of
kilometer-age allowance and HOER [duty hours, rest and re- classification
of job] for which there was a strong resentment amongst the loco running staff.
We the Loco Running Staff of Indian Railways decided to go for indefinite
Hunger fast which bound to affect the train services, seeing the gravity. The
situation the matter was referred to RLC(C) New Delhi for conciliation and
subsequent to NIT for adjudication when conciliation failed due to negative
attitude of Railway administration. The
conciliation continued for almost all
for a year, Railway Board in all the meeting had being saying that matter was
under consideration by the different committees but the decision of the
committee never came out, and at last
RLC(C) has to end the conciliation as failure. However, the matter treating as
a national importance has been referred to NIT for adjudication. Here also
Railway Board first tried to get the NIT be cancelled but failed. Then they
started non-co-operation with NIT but due to the stiff attitude of Hon'ble NIT,
they started to co-operate with the proceeding. Sir, by the Hon’ble Chairman of
NIT Sri Saraf has retired and so further about six months taken to appoint a
new Chairman and for issuing the notification. Now the Hon’ble Judge has taken
and proceeding has been started. However, all these four matters are still
under consideration of Hon. NIT, for
adjudication but in the recent past, it is observed that (the Railway Board has
constituted an empowered committee to review the pay element and formula to
reckon the rate of KMA when this matter is before NIT for adjudication. This
step of Railway Board is in contrary to the democratic process.) however on our
protest in NIT proceeding of Empower Committee is stopped till 7th
CPC report. Not only that but some more injustice have been done by the Railway
board by modifying some of its own circulars on MACPS, weight age of 30%
pay in GP while putting the medically
decategorised running staff in non-running categories and also for not
implementing their own decisions on SPAD and the decision of CLC (Chennai) on
re-classification of Loco pilot's job as 'Intensive'.
We therefore would like to
bring to your kind notice, the following grievances for its early redressal
please.
1] Implement
the recommendation of HPC on HOER, with modification in recommendation on duty
hours. Duty hours should be max. 8hrs from “Signing ON to Signing OFF” and stay
our station which not more than 36hrs as Railway Board itself issued an advices
to all GMS.
2] RBE no.
142/2012 on the question of Grade Pay under MACPS.:-
The
clarification of Rly Board through RBE no. 142/2012 is against the spirit of
its own circular under RBE no. 101/2009 and also in contrary to the order of
Hon’ble CAT/Ernakulam in O.A. no. 561/11
of dt 11.04.2012 which justified GP Rs.4600/- even
Rs.4800/- to LP(mail) and Guard(mail) under MACP scheme although it is not a
promotional GP when they fulfill the condition of MACP
scheme, and many of LP(Mail) and Guard(Mail) enjoying with
this benefit. Now with the above mentioned RBE142/2012's clarification, the
employees concerned will be deprived with the benefit of upgraded GP and thus
injustice is done. Therefore the said RBE 142/2012 needs to be withdrawn.
3] On the
question of upgrading the GP for medically decategorised Running Staff while
being posted in stationary post.:-
Sir, the recent circular of Railway
Board. no. E(NG)I-2008/RE-3/4, dated 30.04.2013, RBE no. 41/2013, is a serious
blow to the status, grade and pay of Running staff. Through this circular, a
serious conspiracy is done against the running staff by lowering the status of
pay and grade of running staff while being posted in stationary job after being
medically decategorised by not upgrading the GP. Sir, the Railway board perhaps
either knowingly or unknowingly ignored the well established status of Running
staff in pay and grade in non-running cadre while issuing the above referred
circular, which are being availed by the Running staff since last six decades.
In reference to fixing the GP of Running staff in non-running job, the
following events have to be taken into the consideration:-
I] The apex
grade in class 'C' in non-running cadre was always considered for loco
pilot/mail express since 1947,i.e. 1st RSPAC. But kept depressed by
one stage for administrative reason i.e. to have running staff under
administrative control and depressed value known as pay element linked with the
rate of KM allowance to motivate the Running staff to work more. With all
fairness when a Running staff is posted in non-running cadre, he becomes
entitled for the same status of pay and grade.
II] Sir, the
rule is very clear on this subject that a medically decategorised Running staff
should be protected with status, pay and grade while placing in alternative job
and for which only their alternative grade used to be considered, in
non-running cadre adding the pay element at the minimum and maximum of the
grade, normally a medically decategorised Running staff is given alternative
job with equivalent alternate higher pay, grade than the present grade. Hon’ble
CAT, Hyderabad has given an order in the case of O. A. no. 259 / of 2008 of date: 02.02.2009, to put the applicant who
worked as a Running staff in the grade of Rs.5000-8000/- in the grade of
Rs.6500-10500/- in the non-running staff cadre i.e. two stages above.
III] Giving
the weightage of pay element to fix up the pay only will protect the pay but
not the grade unless the weighatage of pay element is given to Grade Pay i.e.
at least the next higher GP is given, in
present system when various previous pay grades merged in one pay band.
IV] Sir, in
view of the above fact, it is quite justified to give at least next higher GP
while placing a medically decategorised
Running staff in alternative non-running staff cadre. This will protect the
status, pay and grade of running staff.
V] With
reference to the above fact, here we submit that a gross injustice is done
through RBE no. 41/2013, which needs to be withdrawn or revised to protect the
grade too by allotting higher GP in alternative job for medically decategorised
Running staff.
VI] Further
the Railway Board’s latest circular no. ________ not to give the weight-age of
55% of the Pay as pay element to Running Staff for pensionary benefits when
takes VR after being medically decatorarization and even before the accepting
the alternative Job is a serious blow and snatching a long availed privilege.
It is therefore requested to withdraw this circulars.
4] Reclassification
of loco pilots as ' Intensive ':-
Sir, after
having job evaluation done by LEO, RLC(C)/Chennai has given its verdict that
the job of loco pilots to be reclassified as 'Intensive' from continuous and duty hours to be limited to 6 hours.
Further the appeal no. Z-20026/13/2012-CLS-1 taken up for hearing on dt 31.1.2013 preferred by Railway
administration against the decision of RLC Chennai has been rejected by the
appellate authority i.e. Joint Secretary, Ministry of labour and employment. Now with all fairness, the decision of RLC(C)
Chennai should be implemented without any delay. Now paying respect to the
order of an appropriate Govt., the loco pilots in Indian railways to be
reclassified as 'Intensive' without any delay.
5] Minutes
of Rly. Board's meeting on SPAD and JPO on different matters.:-
It is the
Railway board who discussed the issue of SPAD. In a meeting of Railway board,
zonal officials and LI's of different divisions were present and resolved some remedial
measures. The minutes of meeting has been circulated vide letter no. 2004/M (L)
/ 466 / 7101 date: 14.06.2012 and zones are advised to implement it. But
painfully it is observed that zones are not interested to implement it. Rather
in contrary, it is seen that many of unsafe working are being imposed through
various JPO. Further the running staff are being harassed in various way of
work. Therefore, it is requested to implement the minutes of SPAD and an advise
is given to the zones not to issue the JPO on different matter in contrary to
safe working rule.
6] Non granting
of periodical rest as per Indian Railway Act no.133.:-
According to Indian Railway Act, no.133,
running staff must get 4 rests of 30 hours or 5
rests of 22 hours in a month with full night rest. This rest must be in
continuation and after completion of head quarter rest. On this matter zones
and division, are mis-interpreting the rules and no proper periodical rest is
given to running staff and even passenger/ mail express link is also not
prepared with proper periodical rest. Hence running staff are facing a serious
problem and the interest of safety is jeopardized. Hon’ble Banglore CAT on O.A.
33 of 2008, has given an order with clarification and justified the
granting of periodical
rest must be in continuation
after completion of headquarter rest. Railway administration
preferred an appeal in the Hon’ble High court of Karnataka circuit bench at
Dharwar. Decision of Dharwar on w.p. no. 66707/2010, high court dismissed the
railway appeal and upheld the Bangalore CAT decision with reference to act no.
133 of Indian railway act. Further HPC on HOER also suggests to give PR in
continuation and completion of HQ rest.
So it is requested to intervene
in these matters and resolve all the above grievances, by allowing PR in
continuous to trip rest.
In the interest of safe operation
of trains, it is further requested to implement the recommendation High Level
Safety Review Committee headed by Sri. Kakodkar.
7. The exemption of
Income Tax ceiling limit for running staff of Indian Railways was enhanced from
` 6000 to ` 10000 per month. For Income
Tax purposes, 70%of the running allowance shall be exempted under sec10(14) of
the Income Tax Act 1951 the ceiling limit per month for the same was enhanced
from ` 6000 to ` 10000. Consequent upon the implementation of VI CPC the
running allowance was revised and enhanced by 50% when DA crossed 100% with
effect from 01.01.2014. In this context it will be appropriate and justified to
increase the above ceiling limit
from ` 10000 to ` 20000 per month. Hence it is
requested to take appropriate steps with Ministry of Finance in this regard
8. Presently the post of CLI/LI is made
general selection instead of selection as it was earlier. Previously, the above
post was being filled up with seniority cum suitability and the desirous. LP
(Pass +mail ) were getting opportunity to come as LI/CLI and their experienced
of driving Pass/mail/Exp was advantageous/ helpful for monitoring or counseling
pass/mail.exp train for efficient driving of pass/mail/exp and also to ensure
safety and punctuality but now due to this change of mode of selection such
experience person are being deprived which is in no way conducive for safe
operation. Sir, earlier, we have already lodge our protest against the change
in mode of selection and requested to withdraw the circular. We again requests
your honour to withdraw this order.
In the new orders of
rationalization of supervision of Loco Running Staff vide Lt No.2001/M(L)/467/2
dt 12.11.2012 the posts of CCC/CPRC/CTLC shall be filled up from LI cadre. When
the post of CLI is made from LP(Mail) the object and purpose of the above order
in improving control of loco running staff and safety in train operation can be
fulfilled.
9. This Association
constantly demanding for enhancing the educational qualification
level of ALP to Diploma in Engineering from the present educational
qualification of 10th and ITI which is not commensurate with the
technological advancement taking place in Railways. Now more and more workload
and responsibilities are attached to the post. High Level Safety Review
Committee had also recommended to enhance the recruitment qualification of ALP
as Diploma in Engineering in its report. As such, it is requested that Rly administration should recruit Diploma in
Engineering holder only for ALP’s post.
10.
In
the unmanned level crossing accidents caused due to the negligent and careless
act of road users but the LPs are subjected to special Medical Examination
including taking blood and urine samples after relieving the Engine crew
enroute in the name of Accident Manual provisions. Since the engine crew is
in no way connected, it is only the road
user’s responsibility as per motor vehicle act. Subjecting the LP&ALP for
Spl Medical test after relieving them enroute is unwarranted and unreasonable.
It is requested to issue suitable instructions duly modifying the provisions of
Accident Manual if any and may be expeditiously processed.
11.MODIFICATION
OF SAFETY RELATED VRS SCHEME
In
2004, vide RBE 4/2004 dt 2-1-2004 Railway Board introduced a safety related VRS
scheme for Loco Pilots and Gangmen offering job to their wards between the age
of 55 to 57 stating
they are a safety
hazard by this age and prone to
accidents due to reduction in their reflexes. The ridiculous condition is that Loco Pilots’
wards will get only ALP job and Gangmens’ wards will get only trackman job
irrespective of their educational qualification.
In
2012 vide 2004/M(L)/466/7101 dated 14-6-12 Railway board through its minutes on
SPAD in Para E2 states that “since in most of the SPAD cases drivers above 55
years are involved the retirement age of LP’s
should be reduced to 55 years or they should be made CC/PRC/LI if they
want to continue beyond 55 years”.
This association
demands to club both these proposals and evolve a new proposal as follows.
1)
The Loco
Pilots may be retired at the age of 55 offering job to their wards in any group
C jobs according their qualification
removing the cap on only ALP job
2)
The Loco Pilots who do not want job to their wards
should be allowed to retire at the age of 55 fixing their pay with future five
increments for retirement benefits and pension calculations.
3)
The Loco Pilots who do not want the above two
options and wish to continue in service should be given the option of CC/PRC/LI
or super LP as said in E2 of Railway board letter on prevention of SPAD.
4)
Lastly the 33 years service condition for safety
related VRS scheme to be reduced to 20 years service as done in the case of
LARSGESS scheme to ensure equality before law.
12. MODIFICATION IN THE RULE FOR RETIREMENT
BENEFIT ON PENSION TO MEDICALLY DECATOGRIZED / UNFIT LOCO RUNNING STAFF
According
to the present rule a Loco Running Staff getting medically unfit at the age of
50 or above With 25 years or more service seeking alternate job are not
eligible for
55%
of Pay in retirement benefit, whereas an employee coming to the loco running
cadre even at the age of 59 is eligible for 55% benefits on superannuation.
Since the VIth CPC has
recommended 20 years service as the
service for getting full pension definitely this condition should be applied in
Loco Running Staff’s case also. So this
association demands to modify the existing rule for retirement benefit of Loco
Running Staff as; follows:-
A Running Staff, if becomes medically
categorised after completion of 20yrs service or more and the alternative Job
is given to non-running cadre they should be made eligible for weight-age of
25% in last pay drawn for pensionary benefit along with fixation of pay and GP
giving the weight-age of pay element presently is 30% of Pay.
1.
Single
man driving in Coal Pilot Train.
Single man driving in Coal Pilot is a
most unsafe working as such it is requested to withdraw the RB No. 2012 / TT –
IV / 2 / 4 of date: 0101.2013.
Thanking you,
Yours’ sincerely
Copy
to: CRB
General Secretary / Divisional
Secretary
AILRSA
Note: - to be submitted at Division / Zone through
rally, as decided in CWC Meeting at Chennai on 13th & 14th
June 2014.
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