Railways: Trade Apprentice, Counting of Casual labourers Service, 7th CPC Upgradation of Scale, Shortage of Doctors, 7th CPC Running Allowance Revision, Promotion in same Grade Pay: Standing Committee Meeting Discussion
[GoI, Min P,PG & P, DoPT’s OM No. 3/1/2018-JCA dated 08.07.2019]
Subject: Minutes of the Standing Committee Meeting held on 07.03.2019 under the Chairmanship of Secretary (Personnel) - reg.
Agenda Items related to Railway Employees discussed with Executive Director (IR), Ministry of Railways
(xiv) Item No.1: Policy formulation for direct appointment of Trained Trade Apprentices of Central Government Industrial Establishments like Railways, Defence etc. as per the amended provisions of Section-22 of Apprentice Act, 1961 :
Executive Director (IR), Ministry of Railways stated that they have already formulated the policy for direct appointment of Trained Trade Apprentices in 2016 by reserving 20% of posts at level - I.
Staff Side stated that Apprentices Act,1961 has already been amended and in the amended Act, there is a provision that the Institute which trains the apprentices may consider recruitment at skill level. The Training Institute should formulate a policy in this regard. It is to be noted that in the Government of India, Ministry of Railways and Ministry of Defence, are two major Ministries, where thousands of apprentices are trained every year. However, within the Ministry of Defence, the Navy has amended their Recruitment Rules for providing 60% quota for Recruitment to skilled post for the Navy Trade Apprentices. Therefore similar provision can be incorporated in the RR/SRO of other Directorates in the MoD like Ordnance Factories DRDO, EME etc.
Joint Secretary, Ministry of Defence informed that in the Ministry of Defence, recruitments are being done by the concerned Organizations/ Departments. They follow their own internal guidelines with regard to recruitment of Apprentices. Hence, a uniform policy for recruitment of Ex- Trained Trade Apprentices in all the Defence Industrial Establishments is not feasible.
Chairman stated that in the first instance, the concerned Ministries/Departments have to formulate a policy for direct appointment of Trained Trade Apprentices under the Apprentice Act, 1961 and the percentage of reservation of posts for Apprentices shall be decided.
(xv) Item No.25: Counting of full service of temporary causal labourers for pensioners and retirement benefits in Railways:
Executive Director (IR), Ministry of Railways stated that as per the existing instructions, in case casual labourers are absorbed in regular establishments, half of the service rendered as casual labourer from the date of attaining temporary status till absorption in regular service is counted as qualifying service for the purpose of pension. It was informed by ED(IR) that they follow orders passed by apex court on 24.3.2017, in a SLP filed by Rakesh Kumar Vs. Union of India in the Hon’ble Supreme Court, in which the apex Court directed that “the casual labourers, who are absorbed in regular establishment, half of the service rendered as casual labour from the date of attaining temporary status till absorption in regular service, may be counted as qualifying service for the purpose of pensionary benefits”.
Secretary, Staff Side stated that a copy of Supreme court’s Judgment may be provided to them for further deliberations with the Ministry of Railways. He further said that temporary status followed by regular absorption without break in service, should be counted for giving benefit to these labourers.
(xvi) Item No.34: Implementation of 7th CPC recommendations - Upward revision of pay scales of various categories :
Joint Secretary (Estt.), DoPT stated that DoPT has taken a decision on the issue of up-gradation of posts of Chemical and Metallurgical Assistant (CMA), Chemical and Metallurgical Superintendent (CMS) and Assistant Chemist and Metallurgist (ACMT) and in this regard, an Inter-Ministerial communication has already been sent. Final decision will be communicated to the Ministry of Railways in due course.
Executive Director (IR), Ministry of Railways informed that the matter will be discussed in the next meeting of Allowances Committee and matter will be resolved.
(xvii) Item No.35 : Acute shortage of doctors in the Railways – Failure of the UPSC to nominate doctors in the Railways.
Ed (IR) informed that now situation has improved considerably and in support of his viewpoint, he mentioned data about postings of doctors.
Secretary, Staff Side stated that this issue has been settled and agreed to close the item.
(xviii) Item No.36 : Implementation of Pay Scales recommended by the 7th CPC in case of several other common categories :
Executive Director (IR), Ministry of Railways informed that action on this item will be taken and issue will be resolved within next 6 months.
(xix) Item No. 37: Recommendations of the 7th CPC on the allowances:
Executive Director (IR), Ministry of Railways stated that recommendations in respect of the allowances; viz. Special Train Controllers Allowance to Train Controllers, Risk and Hardship Allowance to Track Maintainers (except additional allowance to Running Staff in Railways) have been accepted by the Government and orders in this regard have been issued by the Ministry of Railways.
Joint Secretary (Personnel), Department of Expenditure stated that a meeting would be called for in the near future, to consider the issue of grant of additional allowance to Running Staffs of Railways and a decision will be taken, at the earliest.
(xx) Item No.46: Fixation of pay on promotion to a post carrying higher duties and responsibilities but carrying same grade pay:
Secretary, Staff Side stated that in the Ministry of Railways it has been seen that in case of promotion of Loco Pilot (Goods) to the post of Loco pilot (Passenger), and Loco pilot (Passenger) promoted to Loco pilot (Mail/Express), and Passenger Guard promoted to the post of Mail/Express Guard are placed in Pay Band II with Grade Pay Rs.4200/- in the revised pay structure w.e.f. 1.1.2006 onwards. The benefit of the promotional pay fixation to the above category of staffs may be extended by the Ministry of Railways.
(xxi) Item No.49: Inadequate medical facilities & conditions imposed for recognition of Referral Hospitals by the Indian Railways :
Secretary, Staff Side stated that since Railway Board has delegated the powers to the General Managers/DRM’s/CWM, to empanel private hospitals as per need basis, the item may be considered as closed.