To
Sri. Pradeep Kumar Saxena,
General Manager,
South
Western Railway,
Kesavpur, Hubli.
Sir,
Sub:
Payment of PLB 2014 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 2014 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 2014 shall be paid ONLY IN SALARY MODE. Perhaps the
employees may be exempted from SALARY MODE and paid their PLB 2014 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 2014 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 2014
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 2014 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
(C. Sunish)
17.09.2014
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