Wednesday, August 10, 2016

To

Sri.S K PANDHI, IRLRO.

Dear friend,

I have the pleasure to read your whatsApp message, on the Government of India resolution on 7th pay commission.

You stated in the message that it is first time in history of pay commission in India, that in gazette notification any category is specifically assured of rise in pay while fixing pay and further added that “this time running staff along with doctors are assured of running allowance and NPA.”

In this connection I mention that you should go through the gazette notification of Government of India after 4th, 5than 6th CPC. In which the doctors as well as running staff pay fixation mentioned. Therefore this not for the first time as you claimed and termed as your achievement.

Secondly you state that due tothe representations submited to various officers, departments and Ministry for several time, the Government through its notification, decided that under the Allocation of business Rules only Ministry of Finance can decide pay and allowances for Central Government employees including Railway employees. That your request to all Government offices to intervene and stop Railways from deciding pay & allowance of Running staff is the base of this achievement. You have said that only the Ministry of Finance has the power to decide on pay and allowance including that of Railway employe and stopped the Ministry of Railway from deciding pay & allowance of running staff through the Government notification.

Dear friend, I am constrained to say that; this contention of yours is faulty and legally incorrect. Under the Government of India Allocation of Business rules 1961, the subject allocated to Ministry of Railways, includes, all matters including those relative to Railway revenue and expenditure. That means the expenditure on account of salary of its workers. The Ministry of Railway has the power of administration of pension and pay applicable to Railway employees. This power is not vested with any other Ministry except Railway. That is why we have separate revised pay rules and revised pay and allowances orders. Similarly every restructuring of cadre including of revision of pay scales of initial recruitment cadre, up gradation etc, etc are issued only with the concurrence of the Finance Directorate of the Ministry of Railway headed by the Finance Commissioner (Railway). The Finance Commissioner is not under the control and supervision of Ministry of Finance. That is why Railway also having a separate accounts cadre. The CCS (Pay Rules)is not applicable to Railway employee that was issued by Ministry of Finance. But Railway pay rules issued by Ministry of Railway alone is applicable for Railway workers.

The Government resolution restricting the matter of pay & allowance to Finance Ministry is applicable to other Ministry and not Ministry of Railway. Under the Allocation of Business Rules the Railway alone got the power to decide pay and allowance of Railway employees. That is the position 
of Rules. The Government resolution barred the other Ministry on the matter of pay and Allowance, and not the Ministry of Railway. 

Therefore your contention that the Railway is stopped to decide pay and allowance of running staff, is misleading, incorrect and emerged from your ignorance. Before you venture to draft the message you should have at least consulted with our beloved M R Sabhapathy, then he would have given you the correct position of the Rules and the meaning of the Government notification and its implication and cleared your ignorance. You may note that in spite of the notification from Ministry of Finance, and the Rules are called as CCS (revised pay) Rules 2016, the Ministry of Railway published Railway Services (Revised Pay) Rules 2016. If the Ministry of Finance alone got the power to decide the pay and allowance of Railway workers, then a separate revised pay Rules for Railway is not necessary. This simple position you do know. 

Therefore it is requested that the IRLRO may kindly desist from circulating misinformation on the power of Ministry of Railway particularly at this stage. It may also be noted that unlike other Ministry the ministry of Railway have their on Budget to be presented in parliament. In a nut shell, the acceptance of pay commission report by Ministry of Finance is not binding upon the Railway. The Railway have to accept it separately and they can modify themselves the recommendation of the pay commission. 

The ministry of Railway have the power to change the pay scales of posts and allowances applicable to its employees, without the concurrent of Ministry of Finance, and the Railway is doing so in many a cases. Therefore your contention that Railway is stopped from deciding pay and allowances by the notification is incorrect, and claiming that it is your achievement is misconceived and solely indented to mislead the poor Running Staff and by large the Railway workers. 

The decision to form a committee under the Ministry of Finance to review the allowances is not the demand of IRLRO, but all Central Trade Unions. The issue that Running staff will not get the benefit of 14.3% rise in pay if 2.57 factors is applied is not only of IRLRO demand, this raised by AILRSA in its memorandum to Ministry of Finance and Ministry of Railway. The other issues you have raised in the message will be replied soon.

Thanking you

                                                                                                                Yours faithfully

Ernakulam

 10. 08.2016                                                                                                           L MONY


                                                                                                           Central President, AILRSA

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