Bhartiya Railway Mazdoor Sangh: Memorandum to 7th CPC with Projected Pay

Bhartiya Railway Mazdoor Sangh: full Text of all chapters of Memorandum submitted to 7th CPC with Projected Pay :-

BHARTIYA RAILWAY MAZDOOR SANGH

Ram Naresh Bhawan 2426 Tilak Street Paharganj New Delhi – 110055 

Dated:- 25.07.2014

We have for reference your notification inviting memorandum from stakeholders expressing their views/ opinions/ comments on the various terms of references to the commission.

In this context, being a responsible stakeholder, we are hereby submitting our detailed Memorandum for your kind consideration.

We also desire to depose oral evidence for the Commission, if and when called upon to do so, and shall be glad to provide any further clarification and/or information as may be needed/called upon by the Commission.

Index

Bharatiya Railway Mazdoor Sangh (hereinafter referred to as BRMS) is an Industrial Unit of Bharatiya Mazdoor Sangh.

BRMS has under its belt more than 25 affiliated Unions of the Railway employees functioning under the Ministry of Railways (Railway Board), and is thus a major stakeholder under the Commission.

BRMS represents more than 07 lacs various categories of Group ‘C’ employees across the Indian Railways.

Therefore, as a responsible stakeholder, before proceeding further, we feel it would be appropriate and justified, if we could place on record, some of the relevant views expressed by previous Pay Commissions on the system of constituting the Pay Commissions.

At the outset we would like to invite the attention of the commission on the following approaches of earlier commissions-that had considered the aspirations of the Government employees/railwaymen, for the appreciation of the commission.

The Royal commission on public service in India (1912-15) presided over by Lord Islington, while formulating the pattern of the salaries of different categories of Railwaymen averred that “The only safe criterion is that government should pay so much and so much only to their employees as is necessary to obtain recruits of the right stamp, and to maintain them in such a degree of comfort and dignity, as will shield them from temptation and keep them efficient for the term of their service”

The First pay commission known as Varadachariar’s Commission (1946-47) interpreted the Islington commission’s approach that in no case should a man’s pay be less than the living wage. It held that a fair relativity should as far as possible, be maintained between rates of pay of certain classes of civil servants and comparable outside rates….”.It further observed “…adequacy of remuneration bears on the efficiency of the employee, because it effects his freedom from care and anxiety and promotes his willingness to work.

The commission of enquiry on emoluments and conditions of service of Central Government employees – Second pay commission (1957-59) Observed-“…with minimum and the maximum salaries having been determined on the principles stated, sound and equitable internal relativities should be the most important single principle followed in the determination of the intermediate salaries.

Even as per the ancient Sukra Neethi II, 805-806, “Wages to be considered as fair must be sufficient to procure the necessities of life out of the wages. The wage of an employee should therefore be a fair wage, so as to enable him to procure all the necessary requirements of life.”

The Sukra Neethi II 807-808 – “By payment of very low wages, employees (of the king) are likely to become his enemies and they are also likely to become plunderers of ‘Treasuries’ and cause harassment to general public.”

With this back ground, we hope that the Seventh Central Pay Commission would recommend better salaries of pay and pension structure as well as better service conditions of Railwaymen.

3rd Central Pay Commission

“Our Experience has convinced us that the system of periodically revising the pay structure and conditions of service of the Central Government Employees on the recommendations of Pay Commission is not a very satisfactory one. We feel that even broad Judgements in these matters should be based on analysis of the relevant data. This is not possible when a Pay Commission is required to make recommendations on the pay scales and conditions of service for such a large number of employees within a limited period. We would, therefore, suggest the creation of a Standing body on Pay and Cadre Management.”

4th Central Pay Commission

“If we may venture to say so, the work of Pay Commission is laborious and takes time. Moreover Pay Commissions come at Intervals of 10 years or so. A great change take place in the meantime both in regard to the system of pay determination and the promotion policies etc. Such changes take place quite fast in the case of compensatory allowance and other similar payment. An allowance which is considered sufficient today may not be reasonable, if changes take place quickly. It is therefore necessary that there should be permanent machinery to undertake periodical review of the pay, allowances and conditions of service of the Central Government employees. That will also enable Government to reverse the implantation of its pay policy in an effective, systematic and coordinated manner. We suggest that Government may set up such a body which be responsible for maintaining and updating the basic data on pay and allowance of Government employees to review the pay scales and rates of allowances and other related matters.

5th Central Pay Commission

Para 171.8 “It is suggested that Government may set up a constitutional Body, which should be responsible for maintaining and updating the basic data on pay and allowances of Government employees and to review the pay scales and rates of allowances and other related matters on continuing basis. It would be in the fittest of times if the Permanent Pay Body is given a constitutional status and authority, as is the case with the Finance Commission. The Chairman, Members and Member Secretary can be appointed for a term of three years, so that there is change of guard every now and then. Recommendations of the Pay Body should not merely be advisory in nature as at present, but should be in the nature of an award which is binding on the Government as well as the Government Employees.”

6th Central Pay Commission

While restraining itself from making any direct comments on the issue, the 6th CPC, however, while making its recommendations on “Regulatory Bodies” (Chapter 8.1) has opined that in such institutions / group consisting of sector regulators with an economic or financial role regulating both prices and standards of service, the tenure of their members should be fixed tenure. Therefore, if a broad, logical and unbiased interpretation is taken, the 6th CPC also inter-alia opined the need to have a permanent institution where the role is financial in nature.

In view of the foregoing discussion, it would be appropriate and fair to suggest that the Government should set up a permanent bipartite Wage Negotiating Machinery for Central Government Employees with a mandate to revise their pay and allowances after every Five Years. It is also suggested that such a permanent body should not be merely a recommending body but its recommendations should have mandatory affect.

Nevertheless, we proceed further to place on record our considered views on various aspects governing the terms of reference of this commission.

Speedy Globalization, Privatisation and all round input of modern technology in every sphere, industrial as well as commercial sector and offices has changed the work culture in every walk of life. The world has now become a global village. The computerisation and e-working in offices, workshops, Depots and Sheds has widened the scope of individual duties and working. This has also contributed rather forced adoption of multi-skilling cross functional expertise and increased individual accountability. A workman has now multifarious duties due to changes occurred such as technological input etc. which he has never imaged. The stationery, running and operational duties in Railways not only now performance based but equality and quantity based too. The front line staff have to portray a service oriented image and back line staff have to ensure perfection in quality & quantity of work. The working is now not labour intensive but machine intensive which requires sharp attention and expertise. Thus a work needs multi-skilled due to technological input and a Worker whether in office or Workshop required to be high alert, expert, diligent, good performer and disciplined.

The 7th Pay Commission has to have this new scenario for consideration which was never in existence for the previous pay commissions. Thus, the pay structure for the introduction of multi-skilling and multifarious functions and cross functional expertise for a Workmen has to be on high side which is performance oriented and high output as required by the concerned organisation.

Wages are central to the world of work. Living standards and the livelihood of wage earners and families depend on the level of wages, when and how they are adjusted and paid. Wages are a major component of overall consumption and a key factor in the economic performance of a country.

As a general principle, the ILO convention No.131 calls upon countries to take a balanced approach when determining levels of minimum wages. They should take into account both the needs of the workers and their families and economic factors such as productivity and to maintain high levels of employment.

In India, the Hon’ble Supreme Court has interpreted Article 21 – “Right to Life” – to include right to food, clothing, adequate shelter and other basic necessities of Life.

It may also be pertinent to mention that the United Nations International Covenant on Economic, Social and Cultural Rights of 1966 which has been ratified by India states as follows:

Article 7

The States Parties to the present Covenant recognize the right of everyone to the enjoyment of just and favourable conditions of work which ensure, in particular:

(a) Remuneration which provides all workers, as a minimum, with: 

(i) Fair wages and equal remuneration for work of equal value without distinction of any kind, in particular women being guaranteed conditions of work not inferior to those enjoyed by men, with equal pay for equal work; 

(ii) A decent living for themselves and their families in accordance with the provisions of the present Covenant;

(b) Safe and healthy working conditions; 

(c) Equal opportunity for everyone to be promoted in his employment to an appropriate higher level, subject to no considerations other than those of seniority and competence; 

(d) Rest, leisure and reasonable limitation of working hours and periodic holidays with pay, as well as remuneration for public holidays. 

Having discussed the above, the specifics to pay determination which has been outlined by the ILO convention

We are of the opinion that the consideration on which the minimum salary in case of lowest Group ‘C’ functionary should be based on the norms set by the 15th International Labour Conference (ILC) with certain amendments. Earlier Central Pay Commissions have kept in the mind that the minimum salary is applicable at the time a person joins the Government which will usually be at a young age when a person may be married and may not have responsibility of parents or many children and accordingly, the family unit for minimum salary can only be taken as three.

Contrary to this, Indian family is considered strong, stable, flexible and enduring and normally it consist of three to four living generations, including brothers, sisters, uncles, aunts, nieces, nephews and grandparents living together in the same home. The official statistics reveal that large segments of the elderly in India are illiterate, out of work force, partially or totally dependent on others and suffering from health problems or physical disabilities. Hence, a person when joins the Government he has to look after his parents, wife, children, brothers and grandparents also. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 also compels him to take care of his/her parents. It may also be pertinent to note that under clause 2 (d) of this Act even if the parent is not a senior citizen, the responsibility of his maintenance vests with the children.

In such circumstances, the family unit for minimum salary should be taken as Six (06), i.e., 01 Unit = Govt Employee, 01 Unit = Spouse, 02 Unit = 2 Children & 02 Unit = Parents. Total 06 Unit

Therefore, as per consumption pattern as defined by ILO and illustrated in the table below, the yardstick for determination of minimum salary should be based on these considerations/basic requirement of life.

** Rates of some of the article mentioned in the table are based on the Average Monthly Consumer Prices of Selected Articles for Industrial Workers, February-2014 issued by Labour Bureau, Govt of India. 

*** In 1991, the Hon’ble Supreme Court of India in its judgement in case of Raptocos Brett and Co Vs others expressed the view that the criteria recommended by the Indian labour conference 1957 may not suffice. It held that an additional component for children education (Partially compensated in Sixth PC), medical requirement, recreation including festivals/ceremonies and provisions for old age and marriage should constitute 25% of the minimum wage. 

It has also been observed that the prices given above are present day prices and are likely to increase by atleast 40% by 01-01-2016 (i.e., inflation @ 10% per semester from 01.01.2014 to 31.12.2015) when the 7th CPC will be implemented and hence it would be proper if a boosting of 40% can be given on the above Grand Total to make it realistic as on 01-01-2016.

Therefore, if 40% boosting is given the minimum pay as on 01-01-2016 shall be Rs.42189/- .

Number of times increase or the Multiplication factor 42,000 / 7000 = 6 times.

The sixth pay commission changed the entire structure in the pay scales and grouped them into Grade pay systems.

Disadvantages in the Grade pay system

1. It is affecting the hierarchy

2. It is resulting in ego clashes due to the fact that supervisor and the supervised are in the same grade pay. 

3. There is only a nominal benefit in case of promotion 

4. Due to merger in the running cadre several problems are arising. 

However in fixation this Grade pay system helped the employees in monetary value and hence the system proposed once again.

After the introduction of the MACP scheme from 01.09.2008 and also due to the merger of several pay scales in sixth central pay commission, several anomalies erupted. Till date these were not solved by the DOP&T. Hierarchy was badly affected. Accountability has taken a beating. The Government sector cannot run like a private enterprise. Grouping the scales into one has vitiated the atmosphere. Further due to the introduction of the MACP scheme the supervisor is on par with supervised which damages the repute of the seniors. . Till the advent of V PC, Apex scale of Rs.2375-3750 existed for the Sr. Supervisors. This scale of pay was higher than the initial recruitment scale of a Group A officer. It is a testimony that the Government had recognised the importance of granting such scale of pay to the Sr. Supervisors reaching that stage in their career with a wealth of knowledge and experience. Further in Sixth pay commission some of the cadres were shown in poor light. Some of the staff were given GP 5400 and GP 6600 available in PB-III. In order to overcome these difficulties and the anomalies it is imperative on the part of the pay commission to extend the benefit to other senior supervisors. With this background the Grade pay scales were proposed by this organization:

Considering the importance of disparity in ratio between the minimum and maximum pay the Fourth Central Pay Commission opined (Para 7.58) that an effort should be made not only to reduce the number of pay scales, but also to reduce the disparity between minimum and maximum scales of pay. The Fifth CPC had retained the minimum:maximum salary ratio of 1:10.7 inherent in the Fourth CPC pay scales even though the ratio had become 1:8 in 1996 on account of unequal rates of Dearness Allowance neutralization where the highest category was allowed neutralization at 65%.

Hence, it is our considered opinion that the ratio between the minimum & maximum Salary should be of 1:7.

In case of Cabinet Secretary the maximum salary should be 07 times than a lowest paid employee since the Cabinet Secretary, as the overall CEO of the governing system, have to take and ensure implementation of several policy decisions and his accountability is much more than anyone else.

The Figure of maximum and minimum salaries would give an arithmetical relationship between the new basic pay and the unrevised basic pay. Normally, the application of such a broad arithmetical ratio may be used for all the existing scales but due to merger of some grade pays or rationalization of pre-revised grade pay this may be re-looked by keeping in the mind the vertical and horizontal relativities of the cadre. It has to be kept in the mind that Pay Band & Grade Pay may not always be enough to fit in every kind or category of employment so a suitable system of “Special pay” or allowances can take care of such cases.

Nevertheless, it is once again reiterated that under no circumstances, should the ratio between minimum-maximum pay exceed 1:7. 

6th CPC has applied 1.86 as the multiplying factor in respect of PB-1, PB-2 and PB-3, whereas 2.62 was applied for PB-4 pay scales thereby the low paid Govt. Employee deprived of the same growth, which is very much against the principles of natural justice and spirit of the constitutional provisions. From the above, it is clear that the Govt. is rewarding only the senior officers i.e. to help the rich get richer and poor to remain poor by not applying uniform formula in awarding pay structure. However, the Govt. is at liberty to give different grade pays and alter them but the multiplying factor in fixation of pay in the revised pay scale should be equally applicable to all Govt. Servants.

One of the most important factor usually considered by any commission and/or body entrusted with the responsibility of determining pay scales is the economic condition of the country since any revision shall have financial effect thereto.

Hence, we feel it pertinent to place our views on this aspect too. In our opinion, the true picture of the economic conditions in the country cannot be judged merely from the budgetary provisions of the Government. An optimistic view about the national economic perspective can be taken only by judging the material and human resources of the country and potential wealth.

Whether such an exercise is really necessary for determining the pay scales of Central Government Employees, is a question, for which there may be more than one answer. But it may definitely be laid down that the budgetary position of the Government is certainly not the measure of potentialities of National economy, which can be taken as a base to support a pay scale. In other words the resources of the Government are not fixed and are bound to increase in relation to the Governments own efforts. This does not mean that the additional funds required to pay the increased wages should necessarily be raised through increased taxation. In fact, for a given rate of taxation the revenue can increase in direct proportion to the increases in Gross National Production. All that is needed is, a sincere effort at tax collection, to tap the large flow of black money.

The resources of the central government are neither bound nor static, it is ever expending with the growth of the economy and increasing production day by day, year by year, even without increasing the rate of taxes, and it can be multiplied by the earnest efforts of the Government in various fields of economy, such as full realisation of taxes etc.

Here, it may not be out of sync to once again refer to an important observation of the 4th CPC which opined that the working population of public and private sector undertakings, financial institutions, corporate sector and other non governmental bodies outnumber the working population of Central Government. The commission also concluded that these organisations are HIGH WAGE ISLANDS and they have their wage revision at least once in 4 years through their collective bargaining strength. The commission also concluded that the employees of Central Government are placed in disadvantageous position in the matter of pay and other allied benefits when compared to their counterparts in public sector undertakings. A comparison of salaries between the public sector and the Government may not be appropriate as it would not be a comparison between similarly placed entities. The Fourth Pay Commission, while addressing this term of reference, found that the public sector itself was not a homogenous unit or group for comparison of emoluments. They observed that there were several differences in the packet of total benefits and emoluments of employees in the Central Government and PSUs and it was, therefore, difficult to compare the emoluments of Central Government employees and those in PSUs. Fourth Pay Commission concluded that the pay structure of the employees of such a vast and complex organization like the Central Government cannot be based on a simple comparison of the pay scales of posts at the lowest level in the Public Sector Undertakings. The Public Sector Undertakings were created by Government for specified purposes and had adopted their own pay structure. The nature of work and conditions of service were different. The Fifth CPC, making similar observations in regard to the heterogeneity in the pay scales across the public sector, did not concede the principle of parity between the Government and the Public Sector. It also observed that PSUs were established with a multiplicity of objectives, the commercial objective being most prominent and similar commercial criteria could not be applied to Government which provides services on a different criterion. 6th CPC also noted that as the position which obtains now is no different from the past, the issue of comparison with the public sector has necessarily to be examined in the context of PSUs being commercial undertakings which are required to function in a competitive environment and have the commercial objective as the predominant objective. The public sector undertakings largely follow the Industrial Dearness Allowance (IDA) pattern and related scales of pay and, in some cases, Central Dearness Allowance (CDA) pattern and pay scales. The pay revision for board members, executives and nonunionized supervisors under the IDA pattern is done based on recommendations of Committees set up for the purpose by the Government. The periodicity of such revision was 5 years before 1997 and has thereafter been modified to 10 years. In respect of workmen following IDA pattern scales of pay, the managements of Central PSEs have the freedom to negotiate revision of pay scales with the workmen within certain limited conditions. Government has allowed the PSUs to opt for either a 10 year periodicity of pay revision with 100% neutralization of DA or a 5 year periodicity on the basis of graded neutralization.

There cannot be any comparison/parity between the pay scales and perquisites between the Govt. Sector and Private Sector. It is also not good to have large gap among the two in the same type of jobs. Comparison should not merely on the basis of monitory benefits, other concessions privileges powers given to the post for decision making should be considered while availing this factors.

It may be pertinent to note that except the Ministries & Offices, most other units of the Central government have also started their own “balance sheet culture’ and their profitability is now in public domain.

Thus the immense and unstinted contribution of Government employees towards increase of Government revenues cannot be undermined.

As discussed above, in comparison to their counterparts in the public Sector, the Central Government employees get their revision of pay once only after a gap of 10 years.

Hence it is once again reiterated that a permanent Bipartite Wage Negotiating Machinery be established with pay revision after every 5 years for Central Government Employees.

We now proceed ahead to discuss other elements of pay associated with the overall pay structure.

Granting the annual increment to all on the 1st day of July uniformly has not served the purpose because Rule 10 of CCS (RP) Rules, 2008 reads as under:-

“ … Employees completing 06 months and above in the revised pay structure as on 1st July will be eligible to be granted the next increment. The first increment after fixation of pay on 01.01.2006 in the revised pay structure will be granted on 01.07.2006 for those employees for whom the date of next increment was between 1st July, 2006 to 1st January, 2007.”

This has violated the provisions of F.R. 26 which confers the right to be granted next increment on completion of 12 months and as per FR 24 an increment shall ordinarily be drawn as a matter of course unless it is withheld. We propose to have two dates of increment i.e. 1st Jan and 1st July. Those recruited or promoted between 1st January and 30th June will have their increment date on 1st January of next year and those recruited or promoted between 1st July and 31 December may be granted the increment on 1st July next year.

After working for one full year the employee was allowed to earn an increment @ 3% on the Basic Pay (Pay in the pay band Plus Grade pay). This Federation is demanding one day wage as increment in all the successive pay commissions. Incidentally the Sixth central pay commission partially accepted our demand and allowed @3% on the Basic pay which is somewhat improvement from the earlier pay commissions. This union suggests that one day wage need to be given on the Basic pay plus existing Dearness allowance. Analyse the present situation Minimum wage Rs. 7000/- The employee is getting 3% increment i.e Rs.210 only which is meagre one in the present circumstances. In the private sector the average increment will be more than Rs.1000/- for the discussed category. Hence it is proposed that the rate of increment need to be given on Basic pay plus Dearness allowance and the rate proposed by this organization is 5% for the first 05 years and thereafter @ 7.5%.

After the acceptance of the Sixth pay commission the date of increment was changed to Ist July every year. Due to the above employees who are retiring between January and June were deprived the benefit of the increment which is causing heart burn to the employees.

Suggestion :The duration to earn increment is 12 months prior to the acceptance of Sixth pay commission. After the acceptance of sixth central pay commission the duration to earn increment is 6 months and 1 day. Though the employees who are completing the eligibility criteria of 6 months and 1 day, yet they were denied the benefit of the increment due to their retirement prior to 1st of July i.e. between January and June. To assuage their feelings and mitigate the loss, this union suggests that those employees should also be compensated by allowing one increment to their basic pay at the time of retirement.

The 6th CPC introduced the system of Pay Bands and Grade Pays to address the anomalies aroused due to merger of pay scales whereby promotion and feeder cadres being placed in an identical pay scales. But the aim could not be achieved without merger of posts as the merger of promotion – feeder cadre and merger of pay scales have different meanings.

Further, Rule 8 of CCS (RP) Rules, 2008 on fixation of pay in the revised pay structure of employees appointed as fresh recruits on or after 01.01.2006 stipulates that the pay of direct recruits to a particular post carrying a specific grade pay will be fixed as mentioned in Section II of Part A of the First Schedule of these Rules for entry level pay in pay band. Whereas Rule 13 of CCS (RP) Rules, 2008 deals with fixation of pay on promotion on or after 01.01.2006 which stipulates that in case of promotion from one grade pay to another in revised pay structure, the fixation will be done by granting one increment equal to 3% of the sum of the pay in the pay band and the existing grade pay and this will be added to the existing pay in band and the grade pay corresponding to the promotion post will thereafter be granted in addition to this pay in pay band.

Due to above rules, an employee may draw less pay on promotion in the same pay band but next/higher grade pay in comparison to a direct recruit who joins later in the same grade pay and pay band. For example, if a person ‘A’ drawing the grade pay Rs. 1800/- and promoted to G.P. 1900 or 2000 or 2400 or 2800 may draw less pay in pay band in comparison to a person ‘B’ who directly recruited in G.P. 1900 or 2000 or 2400 or 2800 even after 02-04 yrs of promotion of ‘A’. To remove the anomaly aroused due to introduction of Grade Pay, Rule 13 of CCS (RP) Rules, 2008 may be amended as under:-

……………… in case of promotion from one grade pay to another in revised pay structure, the fixation will be done by granting one increment equal to 3% of the sum of the pay in the pay band and the existing grade pay and this will be added to the existing pay in band and the grade pay corresponding to the promotion post will thereafter be granted in addition to this pay in pay band. However, if the pay in the pay band after adding the increment is less than the entry level pay in the pay band mentioned in Section II of Part A of the First Schedule of CCS (RP) Rules for particular grade pay to which promotion is taking place, pay in pay band will be stepped to such entry level pay.

Prior to the acceptance of Sixth central pay commission there are sufficient grades in the hierarchy to earn promotions. However, there is a stagnation in the earlier days and employees are unable to get the promotions. There are occasions that employees retired in the same grade where they were appointed. In order overcome this issue the central government introduced Assured Career promotion (ACP) policy wef 01.010.1999 ensuring that there should be at least two promotions i.e 12 and 24 years in the entire service. Sixth central pay commission modified the above scheme and recommended MACP wef 01.09.2008 ensuring that there should be at least three promotions in the entire career. This has helped the employees to a great extent. However the MACP was allowed as per the schedule and not on the Departmental hierarchy. Due to the above employees in the lower grades were badly effected as they were given the GP 2000.i.e even after completion 10 years also the employees got a meagre Rs.100/-benefit. Even the Hon’ble Courts also observed that the MACP to be given on Departmental hierarchy and not as per the Schedule. Hence this requires the critical review by the VII pay commission.

Suggestion: Promotion policy in the Railways should be so formulated as to grant at least 4 promotions in the employees entire service. The first to be given in 5 years and the next in another five years i.e two promotions in 10 years. There after third and fourth promotions after a gap of 10 years each. This would enthuse the employee to put in their best in their prime service period of 20 years. No category should be left out without avenue of promotions. This is particularly drawn to the attention of the pay commission as category like LAW ASST has been without a channel or induction into higher category except for Gazetted status. Hence it is opined that MACP to be designed in such way that employees get at least 4 promotions/financial up-gradations in their career and the same to be given on departmental hierarchy.

At present the initial training period of service before absorption in not being taken into consideration of MACP. Further, it is suggested that training period may also be taken into consideration for the purpose of MACP.

Due to increased population and rapid urbanization the towns/cities are expanding exponentially. The rent control department is ineffective in enforcing the rent control. In the past one decade due to influx of the multinational companies especially in the software sector and due to higher packages to the employees working in those sectors, house rentals have shot up drastically. In some cities/towns advance of six months rentals are also to be provided to the owner of the house. Sixth central pay commission somewhat paid attention and justified to certain percentage of employees. Now after a decade and due to change in social sector indices; aspirations of the employees there is need to review the existing arrangement. Presently in villages also there is a demand for rent at a higher slab. Further there is a need to increase the slabs also In view of the above it is proposed the following.

A-1 City = Population of 50 Lakhs + HRA be paid @ 40% of BP+GP 

A City = Population of 25 Lakhs + HRA be paid @ 30% of BP+GP 

B City = Population of 05 Lakhs +HRA be paid @ 25% of BP+GP

C Class City = irrespective of population HRA @ 20% of BP+GP

The unit cost of the Electric power is drastically hiked by many state governments and the consumption level in day to day life also increased. Some of the state governments have handed over the drinking water supply to the private agencies and some are in the process of handing over which is resulting in increase in prices and due to pollution there is a need to purchase hygienic/potable drinking water from the private agencies. So not only to compensate the present cost of living but also to absorb the future escalation till next pay commission, the above revision is essential.

The Sixth central pay commission recommended the children educational allowance at a rate of Rs.1000/- pm for school going children only i.e upto XII class only. However many employees are unable to reap the benefits of the scheme because of the above. In reality the expenditure towards education will be more for college going children compared to the school going children. Further pursuing professional courses like engineering, medical and management are highly expensive for a normal group C & D employee and he/she cannot afford without assistance. Even in institutions sponsored by the HRD ministry like NIT, IITs pursuing graduation courses are costing more than Rs.1.00 lakh per annum. In view of the above it is imperative on the part of the pay commission to extend the scheme to the college going children including professional courses with a gradation between school & college education respectively. This organization proposes Rs.3000/- pm for the school children and Rs.5000/- pm for higher studies with the rider that whenever DA crosses 50% the CEA to be enhanced by 25%. Regarding Hostel Allowance, the same may be raised to Rs.7,500/- per month with rider that whenever DA crosses the 50%, the allowance should be enhanced by 25%. Pursuing higher professional courses by the wards in reputed institutes entails high cost of fees requiring the employees to go in for education loans from banks etc. The employees face lot of ordeal in securing the loan in time. Hence, it is suggested that the Pay Commission recommend tie up with the Nationalised banks so that based on certification given by the employer loans can be availed from these banks. This allowance should be exempted from the purview of Income Tax.

In this fiercely competitive world it is most imperative that to stay relevant everyone has to be up to date with the latest in technology and expertise in his/her chosen field so that he continues to be an asset to the organisation where he is posted/employed.

Taking  into  consideration  the  above,  it  is  suggested  to  introduce  a “Knowledge Update Allowance” wherein every employee irrespective of his/her Rank and Grade Pay, should be provided Allowance per month at the rate of One Annual Increment for purchase of Newspaper, Magazine, Broadband/Internet connection etc.

At present this allowance is being paid to employees @ Rs.170, 212 & 280 who are attending the duty on the National Holidays. This is a matter for consideration of the Pay commission. Most of the employees are availing the holiday with the wages but these employees in spite of working on date of holiday are being paid only an allowance in addition to their one day wage. It is a gross injustice to them. These employees need to be compensated. Hence it is suggested that additional one day wage need to be paid for working on National Holidays.

Night shifts have never been favoured by employees in normal times. The adverse effect on the health of the workers as per the medical opinion is detrimental to the health and efficiency of the worker. It has been long drawn debate in industrial arena right from the start of industrialization about the desirability of night shifts, but in certain industries night shift cannot be avoided as it has to work round the clock. When night shift becomes a necessity in any industry, payment of adequate

Compensation is a consequence, whether it is government institution or private one. But, the compensation for the arduous work that they are forced to perform, troubling even their family members, is a pittance. Now in Railway for every hour of night work, construing night work as between 22.00 hrs to 06.00 hrs, 10 mts weight age is given. Different methods and procedure is adopted in different departments and some are better than the compensation given in Railways. Maintaining different structure of pay within government organizations and paying less that to the people who are looking after the safety is arbitrary and devoid of any merit.

As such this organization feels that uniformity should be maintained in procedure, for computing this allowance, in all departments of the government and fix the weightage hours as 20 minutes for those post classified as EI, 30 minutes for those in continuous classification and 40 minutes for those in intensive classification, for every hour of night shift, and also to treat time between 20.00 hrs to 06.00 hrs as night shift, as is being done in few departments.

This organization would like to bring the new concept in the form of Lunch allowance similar to CCL introduced in Sixth Pay commission.

First time at the international meet on labour at Geneva in1936 the definition of Wage was given. During the meeting, the central trade unions raised the issue of the expenditure incurred during working hours of the employees has to be borne by the management. The contention of the trade unions was accepted by the majority of the countries in the ILO and started to bear the expenditure of the meals during the duty hours. But in India this move has come lately. In 1956 the industrialists made their position clear that they are not in a position to bear the expenditure towards the cost of the food and consumables and offered quality food at subsidised rates which is prevalent at present in the industrial sector as well as in public sector. After the tea allowance started in banking sector @ Rs.5/- per day a discussion is going on to bear the expenditure during their duty hours like breakfast and lunch etc. This move was again supported by the ILO during their convention and made clear that the payment towards expenses incurred during working hours to be borne by the management only. Basing on the recommendations of the ILO, a move was made in the insurance sector in the form of Lunch allowance and was started w.e.f. 01.09.09 @ Rs.60/- to Rs.200/-per day basing on their cadre. The banking sector and insurance sector giving their employees fair wage and bearing the expenditure towards cost of the tea and Lunch during duty hours. In this similar pattern, Public Undertakings are also giving their employees Lunch Allowance. For example, Hindustan Aeronautics Ltd. (HAL) is giving fixed Lunch Allowance amounting to Rs.2500/- to its employees. With the minimum amount of salaries and upward mobility of the inflation, sky rocketing prices, there is a need to introduce the Lunch allowance in Railways. This organization urges the pay commission to look into this aspect and introduce the same in the government sector.

Considering the realistic situation as existing today, it is suggested that the amount be raised by THREE TIMES as per formula mentioned in the table under and the criteria of city classification be dispensed off since the cost of fuel  remains  same  irrespective  of  classification  and/or  distance.  The Transport allowance should be fully exempted from the purview of income tax.

SN	Existing Grade Pay	Recommendations
01	1800 – 2000	Rs.600 + DA x 3 times
02	2400 – 2800	Rs.1000 + DA x 3 times
03	4200 – 4800	Rs.1600 + DA x 3 times
04	5400+	Rs.3200 + DA x 3 times

As regards Advance of TA on Retirement, it is proposed that entitlements for weight, Rates per KM etc are to be rationalized and be made equal irrespective of GP. The scheme should also be delinked with residency proof of family.

As regards TA to family of deceased, it is proposed that the same should be 100% of entitlement.

Washing Allowance should be increased to Rs.300/- per month for all the eligible employees.

An employee when posted on projects and Tribal area has to face multifarious difficulties in respect of housing, children’s education and other working conditions. Many of them have to go for double establishments. A special allowance of 15% of the basic pay to NG staff of any category to Gazetted staff of any status to be paid uniformly, to compensate extra expenditures.

25% of New pay scales be allowed/paid to all the employees since Intelligence agency and para military forces of Central Govt. are being paid Disturbed area allowance at the above rate.

In Zonal Railways, particularly in RDSO, there are categories involved with research work and they develop designs for the various rolling stocks. This work requires higher competency & knowledge. This activity is the basic input for production work in various Production Units all over the Zonal Railways.

The staff of Production Units are getting the incentive/production allowance in lieu of the production work. Further, the faculty members, both gazetted and non-gazetted, drawn on deputation from the field for the purpose of imparting training in the Indian Railways Centralised Training

Institutes/Zonal Training schools are granted ‘Teaching Allowance’ at the rate of 30% of the basic pay. However, no such allowance is being granted to the personnel the employees involved with Research & Design work.

On the pattern of the Production Units and Centralised Training Institutes/Zonal Training Schools, a ‘Research Allowance’, at the rate of 30% of the basic pay, is required to be granted to all category of employees involved with research and design work, as research and designing of new technologies requires greater degree of involvement at all level of staff. This allowance will help in creating a conducive atmosphere for research work and will be helpful in attracting the better manpower required for research work.

Train Controllers, who are the permanent work force of control organisation and working continuously, need to be treated on par with the Loco Controllers or Power Controllers who are working in control office on deputation given fixed allowances of Kilometres and running allowance though actually not running the train. This organization therefore urges the pay commission to look into this aspect and consider the controlling allowance of 30% on basic pay plus Dearness allowance for these staff also.

By the nature of duty of Running staff, they have to stay out of their head quarters most of their service. They are therefore entitled to receive travel allowances. In order to induce them to work more the Ministry of Railways traditionally gave a portion of pay and travelling allowance through running allowance way back from 1919 when the Company Railways were existed. Though the system of running allowance was in vogue from 1919 and is was considered by I,II& III CPCs and two Running allowance committees, none quantified the portion of pay in running allowance. Due to continuous demand from running staff to give clarity on the components in the running allowance for proper fixation of running allowance and running allowance committee 1980 was appointed. It quantified the portion of pay as 30% to be given through running allowance to motivate the running staff. Further IV and V CPC recommended to continue and Running Allowance Committee constituted after VI CPC (2008) also endorsed it. At present this element of incentive stands at 30% of their Basic pay. According to the scheme, a formula has been derived by the running allowance committee of 1980 to arrive at the rate for 100 km, is as follows.30% of mean of the scale of pay of Loco Pilot Passenger + 20 Days TA X 100 Monthly average kilometre of Loco Pilot Passenger This formula stands for the past 35 years to the satisfaction of all. The system which was followed for three decades was distorted by taking minimum of the pay band instead of mean pay and not taking eligible TA for calculation of running allowance after the implementation of VI CPC. The Running Allowance Committee 2008 has also recommended to follow the formula recommended by the Running Allowance Committee,1980. Though the recommendation of the committee has been asserted by the Railway Board, by implementing the same the numerical factor has been changed. Instead of taking the Mean of the Pay Band attached to the post of Loco Pilot Passenger, the minimum of the said Pay band has been taken to arrive at the rate of running allowance. The reasons and justifications given by the Running Allowance Committee,1980 to take the mean pay has been discarded without any sound reasons. What was advanced by Railway is that the Pay Band is a product of amalgation of several pay scales, therefore the maximum of the Pay Band could not be taken into consideration. At this juncture we say that on the same footing that the minimum of the Pay Band either should not be the base for calculating the running allowance. It may please be noted that none of the Loco Pilot Passenger in Indian Railways draw the minimum of the Pay band at Rs.9300/-. In fact the whole of the Loco pilot passenger draws a pay in the Pay Band Rs.18000 to 24000.Calculating the running allowance with Rs.9300 is totally unjustified and against all canons of justice and fair play. In this regard this Association demands that at least the Pay in the Pay Band corresponding to the mean pay of the V CPC pay scale Rs.5500-9000 of the Loco pilot Passenger has been taken for calculation of the running allowance. By calculating the running allowance rate, the TA rate applicable for Grade pay of Rs.4200/- in which Loco Pilot Passenger falls should be taken and not the TA rate applicable below Rs.4200/-. Therefore we request the VII CPC to look into the anomaly crept in the calculation to arrive at the rate of Kilometerage. And also requests to recommend that RAC 1980 formula to be followed taking the mean of the Pay Band + Grade Pay and the present TA applicable to GP of Rs.4200 to arrive at the rate of Kilometerage under the Running allowance scheme.

The VI CPC while examining the issue of Risk Allowance had noted that it is in agreement of the V CPC observation of the Risk Allowance being restricted to only those categories of employees whose jobs are inherently risky with adverse effect on health. At the same time the VI CPC had observed that any pecuniary allowance cannot suitably compensate the element of risk. It opined that the Government as an employer has to ensure that the risk element is reduced to the maximum extent and an employee is fully covered in case any mishap takes place even after observing the maximum level of care and precaution. Towards that, the VI CPC recommended the withdrawal of Risk Allowance and introduction of insurance cover of Rs.5 lakhs for employees in PB1, Rs.7 lakhs for those in PB2 and Rs.10 lakhs for those in PB3 and higher pay scales. It also recommended that the cover may be increased by 50% each time when the DA increases by 50%. However, the Government did not implement the recommendation of the VI CPC and continued with the Risk Allowance at the following enhanced rates: This organisation is of the view that the Risk allowance should be abolished and in its place insurance cover should be provided commensurate to the present times.

It is our considered opinion after weighing several aspects of this scheme and its practical implementation, that the Split duty allowance be increased to Rs.2000/- per month.

Taking into consideration the nature of duties performed and the risk attached thereto, it is suggested that the Risk Allowance be increased to the rate of One Annual Increment per month.

All other allowances in vogue at present and for which specific proposals have been mooted, may be increased by 3 times the present and should be linked with DA.

The CGEGIS scheme was introduced in January 1982 to provide insurance cover to the employees so as to enable their families to get lumpsum amount in the event of employees death .The scheme also envisages a lumpsum payment on the cessation of employment. The present rates of subscription and insurance cover for different categories of employees are as under.

Group	Rate of monthly Subscription	Insurance cover
A	120	1,20,000
B	60	60,000
C	30	30,000
D	15	15,000

The sixth central pay commission in its report recommended for enhancement of the CGEIS subscription to Rs.720/- to Group A, Rs.360/-to Group B and Rs.180/-to Group C & D. Government accepted the recommendations in toto but not implemented the same. The rates of the subscription and the insurance cover under this scheme was last revised in the year 1990 and the minimum salary on that date is BP Rs.750/- and DA 38 % amounts to Rs.1035.There is an increase of more than 6 times in the minimum scale proposed in the Sixth pay commission accordingly the Sixth PC recommended for enhancement of the subscription by six times to RS.180/-.Since the same was not implemented this organization suggests that the subscription to be enhanced by 26 times as the minimum proposed scale is Rs.27000/-The rates proposed as follows:

Group	Rate of monthly Subscription	Insurance cover
A	3120	31,20,000
B	1560	15,60,000
C	780	7,80,000

• Advance for Bicycle/warm clothing be Rs.10000/-. 
• Advance for medical treatment should be 100% of package or conservative treatment. 
• Festival Advance should be One Month Pay i.e. One month’s Gross 
• Pay AND TO BE EXTENDED TO ALL CATEGORIES OF EMPLOYEES. 
• Advance for Natural calamity should be 5 times BP + DA and recovery should be in 60 months. 
• Advance for training in Hindi should be increased to Rs.1500/-. 

• Advance for Computer = Rs.50,000/- and eligibility to all. 
• Advance for Motor Car = Rs.5,00,000/- and eligibility should be existing GP 4200 and above. 
• Advance for Scooter = Rs.60,000/- and eligibility to all employees. 
• HBA loan eligibility criteria should be same as formulated adopted by Public Sector Banks. For this purpose, Departments should enter into MOU with designated/selected PSBs and ensure full disbursement of Loan and the rate of interest should be 3% less than the prevailing market rate. This 3% should be Government subsidy to be given by the department. 

Following suggestions are made in the present Leave rules:

Casual leave: The central government unilaterally reduced the CLs from 12 to 8. CL should be restored to 12 days per year for those Offices/Organisations working on a 5 day/week schedule and 15 days per year for those Offices/organisations working on a 6 days/week schedule.

Half day Casual leave to be allowed in work-shops.

Leave on average pay: Upto IV pay Commission the maximum accumulation of LAP/earned leave is 180 days i.e., 6 months. This was given for serving the government for a maximum of 33 years of service. In fourth pay commission it was enhanced to 240 days i.e., 8 months. In Fifth pay commission this was further enhanced to 300 days. However the sixth pay commission is silent on this. As such this organization urges the

Seventh pay commission to review the same and enhance the earned leave to at least one year i.e 12 months i.e., 360 days. After serving for the organisation till retirement, the claim to accumulate 360 days i.e., one year is a right demand.

Encashment of leave: Sixth central pay commission recommended encashment of leave for the first time and the Government of India allowed the employees for encashment of leave 6 times in the career span @10 days once in two years.

This organization proposes that the cap of 6 times need to be enhanced to 12 times and the encashment is without any restriction and the days to be enhanced to @15 days. Simultaneously employees may also be allowed to encash the full half pay leave at the time of retirement. This is suggested since VI PC recommended that employees can encash the half pay leave at the time of retirement in case of shortfall in the maximum ceiling of leave on average pay as half pay leave also earned leave hence this may also be encashed.

Paternity Leave be extended to 30 days.

Special Casual Leave should be given to those employees who donate Kidney/any other Organ till such time as he is declared fit to resume duties by the Doctor as per Medical Certificate.

Child Care Leave for male employees: 6th Pay Commission made provision for 730 days Child Care Leave for the Women Employees to take care of their children. In this connection, this organisation demands that such Child Care Leave should also be granted to those male employees, whose wife is not alive or disabled to take care of her children.

One set of Pass and 3 sets of PTO upto intial 5 years of service and thereafter 3 sets of Passes and 4 sets of PTOs are admissible to Railway employees. This organisation demands that the Parents as Family members should be allowed to be included in Passes as in the case of Air and Transports industries. All classes of employees, Group C & D should be allowed 04 set of Passes instead of 03.

On retirement, 04 passes should be allowed as Post retirement passes to the employees on the basis of admissibility on the last working day and the inclusion of parents in the post retirement passes may also be allowed.

Presently, the age for dependent son for getting pass facilities is 21 years. This organisation demands that this age limit should be raised to 32, as the age-limit for applying for most the vacancies with Govt. is 32 years and also these days the students are engaged for getting higher education till their age of early thirties.

This organisation demands that the concept of staggered working hours needs to be introduced for women employees as it would give flexibility to employees to work either early or late depending on their requirements at home front. Under this scheme, 11 AM to 4 PM will be core hours during which all employees will necessarily need to be present in the office. They will, however, have the option of either coming upto one and a half hours earlier or leaving upto two hours late depending upon the actual time they have clocked in. The time may be adjusted in case the office follows different work hours.

One of the major problems faced by single working women is that of residential accommodation. This organisation demands that adequate residential accommodation/hostels should be provided for the single working women.

The Sexual Harassment cases are in rise in Govt. offices recently. Hence, there is need to strictly implement the measures to prevent the cases of sexual harassment in offices. There is a need to strengthen Govt. machineries to prevent such cases.

The Quantum of Gratuity is governed under the extant provisions of the Payment of Gratuity Act 1972 (Act No.39 of 1972) and which has taken effect from 21-08-1972. This Act has been amended from time to time, however, the formula remains static.

In this connection it is submitted that India being a part of the BRIC group of Nations, should position itself at par with its counterparts within the Group, where, all except India, gives Gratuity (called as Severance Pay in some countries) at the rate of ONE MONTH pay per completed year of service.

In view of the above, it is strongly suggested that necessary amendments may be carried out in the Payment of Gratuity Act 1972 and the amount be paid at the rate of ONE MONTH PAY per completed year of service, irrespective of the number of years served.

Retirement/Death Gratuity should be paid @ one month for every completed year service without limit of maximum 33 yrs and ceiling to be enhanced to Rs.25.00 lakh.

The Productivity Linked Bonus should be granted without any ceiling limit to all categories of employees.

Workers are not earning income, they put their labour for the up-liftment and growth of nation. In return they are paid wages for their bread and to their families. The wages paid to them are only minimum wages and not even a living wage. Forget about fair wages. Their wages are always trailing behind ever growing inflammation leaving a vast gap. Therefore, taxing their bread who are in the service is most inhuman and unjust. This organisation condemns the policy of taxing employees and demands to exempt them from income tax.

Professional Tax is being levied by some of the State Governments. Being the employee of the Central Government, it is suggested that all employees under the Ministry of Railways be granted exemption from payment of Professional Tax.

As per classification of the posts defined by DOP&T, vide its Gazette Notification No.605 dated 09.04.2009, the posts in GP Rs.4200 to GP Rs.5400 in Pay Band-2 are Group ‘B’. However, the same was not implemented over Indian Railways. In Indian Railways, Group ‘B’ status is granted only those posts having the GP Rs.4800 except Accounts staff. Had the recommendation of the DOP&T implemented in Railways, it would have given some social status to all the employees working in the GP 4200. Anyway, if the classification of the posts defined by DoP&T is accepted in Indian Railways, there will be no financial implications.

Promotional prospectus to Group B is very limited in Railways. A comparative chart of Group A to Group C employees in Indian Railways vis-a-vis other Central Govt. Deptt. is given below:

According to the census of Central Government Employees published by Ministry of Labour and Employment, the overall ratio of Gazetted to Non-Gazetted employees is 1:20. In Railways – ratio was 1:114. The ratio of Gazetted to non-Gazetted in Ministry of Railways should also be improved at par with other Ministries to fully meet with the job requirements of Railways employees.

Hence this organisation demands that the Classification of the posts defined by DoP&T gazette Notification after implementation of the 6th CPC should be implemented in Indian Railways, as has been implemented in all other departments.

In RDSO, there are few employees working in the Ministerial and Stenographer cadres having the status of Group ‘B’ Non-Gazetted. Earlier, the status of RDSO was an Attached Office of Ministry of Railways; which was subsequently changed to Zonal Railways status w.e.f. 01.01.2003. Prior to 01.01.2003, the employees in Ministerial and Stenographer cadres were recruited on pattern of the other Central Ministries and Central Govt. offices; out of these employees, the status of Assistants and Personnel Assistants was Group B’ Non-gazetted. After change of status of RDSO to that of a Zonal Railways, the erstwhile Assistants and Personnel Assistants in the pay scale of Rs.5500-9000 were placed against the Group ‘C’ posts and re-designated as OS-II and Stenographer-I respectively in the same pay scale of Rs.5500-9000, bring parity in the pay scales as prevailing at that time in Zonal Railways; however, their status of Group ‘B’ Non-gazetted was retained in person to them; despite the fact that there is no Group ‘B’ Non-Gazetted post in Zonal Railways. And also, as per classification of posts available in Indian Railways Establishment Code Vol.I, no post is defined as Group ‘B’ Non-gazetted in the Indian Railways. Subsequently, as per Government’s decision vide Ministry of Finance’s OM dated 16.11.2009, grade pay Rs.4600 was granted to Assistants/PAs belonging to RBSS/RBSSS w.e.f. 01.01.2006; however, this was not extended to these erstwhile Assistants and Personnel Assistants of RDSO. This has affected their service conditions adversely and injustice has been done with these erstwhile Assistants/PAs of RDSO by placing them against Group ‘C’ posts on Zonal Railways pattern. This organisation demands that Grade Pay of Rs.4600/- must be granted to these employees of RDSO with status of Group ‘B’ (Gazetted) w.e.f. 01.01.2006.

Extending judicial decisions in matters of a general nature to all similarly placed employees to avoid litigations in service matters – On the subject matter the 5th CPC already stated as under:-

We have observed that frequently, in cases of service litigation involving many similarly placed employees, the benefit of judgment is only extended to those employees who had agitated the matter before the Tribunal/Court. This generates a lot of needless litigation. It also runs contrary to the judgment given by the Full Bench of Central Administrative Tribunal, Bangalore in the case of C.S. Elias Ahmed and others v. UOI & others (O.A. Nos. 451 and 541 of 1991), wherein it was held that the entire class of employees who are similarly situated are required to be given the benefit of the decision whether or not they were parties to the original writ. Incidentally, this principle has been upheld by the Supreme Court in this case as well as in numerous other judgments like G.C. Ghosh v. UOI, [(1992) 19 ATC 94 (SC)], dated 20-7-1998; K.I. Shepherd etc.

Accordingly, we recommend that decisions taken in one specific case either by the judiciary or the Govt. should be applied to all other identical cases without forcing the other employees to approach the court of law for an identical remedy or relief. We clarify that this decision will apply only in cases where a principle or common issue of general nature applicable to a group or category of Government employees is concerned and not to matters relating to a specific grievance or anomaly of an individual employee.

Contrary to above, all the Legal Advisors or Standing Councils of the Establishment/Department/Ministry find that almost each and every case fit for appeal in the service matters and the concerned authorities comply the advice which creates a lot of financial burden on the Department as well as on employee and diverts the attention of departmental authorities and litigant employee from their/his regular work. This must be avoided by imposing heavy penalty upon the Legal Advisors or Standing Councils if the case is defeated in Appellate Forum.

Any employee dies or gets medically unfit for all categories, at any stage of his/her service than, appointment to a family member/dependant on Compassionate ground be given without any conditions. The appointment on the compassionate ground should not be bound with educational qualification or passing any examination, suitable appointment should be granted as per the qualifications and attainments of the family members/dependants.

The economic situation and rapid change in the social environment together created a situation in which the joint family system is broken and every member of family or by extension society is going to remain an individual unit. This individual will not be supported in his old age by anyone and if his financial position is not self sufficient his living will not be a respectable one, in a civilized society. He was therefore to be self dependent financially. It should be more so in the case of those senior citizens who have submitted their prime of life in the service of nation and national reconstruction through their government service. If such a person becomes a liability to others in his old age or if he/she is seen begging others, such a life is awfully indecent. The family and society that had once seen him in a govt Job with a fair salary and thereby respected him, will look him down upon, the moment he/she retires and becomes financially unsound. The Directive principles of state policy in Art.39 of the Constitution of India directs the state to have a definite policy for granting equal rights to men and women to lead a decent life. The Hon’ble Supreme Court in its Judgement in the year 17.12.1982 said that pension is neither any alms nor any grant given by the employer at his will. Further in accordance with rules as well as under Sec.5 of Art.309 of the constitution and sub-rule 148, Pension is not an ex-gratia payment but payment made against the completed years of service and thus the pension has become a fundamental right of the employee. The learned judges furthermore observed in the judgement that according to available sources the pension amount should be such that the pensioner can meet his necessities and spend an independent and decent life as he used to lead the life prior to retirement. According to this logical verdict, pension should be equivalent to at least to last pay drawn and is justified in view of Hon’ble Supreme court observations.

It is an accepted fact that in a person’s old age expenditure he/she incurs for medical care etc. to upkeep his health would be much more than in his youth. Besides, to bring up the children born in advanced age as well as to educate and to marry them off, a pensioner would incur expenditure still more, which only means expenses in old age are heavy. In this way, every retiree finds on retirement his pension to be inadequate to meet his necessities in the remaining part of his/her life. It is therefore be imperative that the pension should be so much that it should be not less than the last pay drawn in his service in order to maintain his situation similar prior to his retirement. Take the example some of the foreign countries where pension is 70% Or 80% of last basic pay. In Germany it is the last pay. After the retirement Govt employee has to vacate the quarters and desires to live in his own house and to build a house he/she needs extra money which is generally more than his PF holdings. It is therefore this organization suggests the following changes in the pension benefits:

1. Grant the last pay as pension instead of 50% at present.

2. One notional Increment should be granted to the employee on his superannuation for calculating retirement benefits to those employees who are retiring between the month of January to June. 

3. Commutation factor need to be restored to earlier level which is prevailing prior to sixth pay commission. 

4. Commutation to be restored after 12 years not after 15 years. 

5. Present Gratuity to be enhanced to Rs.25 lakhs from Rs.10 lakhs. 

6. The retirees retired prior to the acceptance of Seventh pay commission should be brought on par with those who prospectively become pensioners after the implementation of VII PC report. This will nullify the disparity in pension amounts between the retirees who worked in the same jobs. Family pension should also be brought on equal lines.

7. Enhance medical allowance from the present Rs.300 pm to Rs.2000/-with a rider that whenever DA crosses 50% the FMA also to be enhanced by 25%.

8.Extending the benefit of PTOs to retirees on par with the serving employees as the retirees are finding difficult to move to the places of near and dear as well as need of the medical requirement/religious pilgrimage

Pension is a payment made against the completed years of service rendered by the employee and thus the pension has become a fundamental right of the employee. Pension scheme was introduced in the Indian Railways w.e.f. 16.11.1957 and the family pension from the year 1964 as a social security measure. Prior to the introduction of the pension scheme in railways, there is a contributory pension scheme available, wherein employees used to contribute the amount to the pension liability.

Hon’ble Supreme court in its judgement in D.S.Nakkara vs UOI ‘pension is neither a bounty nor a gift bestowed by the sweet will of the employer but a payment for the past service rendered. It was construed as a right step towards socio-economic justice and a concrete assurance for old age of employee.’

However Government of India introduced the new pension scheme for the recruits who joined the service on or after 01.01.2004 instead of the ‘pay as you go’ system as the entire pension liability devolves on the government around as budgetary liability, since the employees contribute nothing for their own pension. It is surprising to note that Banking sector and the

Insurance sector does not have the pension system prior to 2006. However these two sectors are enjoying the pension scheme and in the government sector the facility was withdrawn for the recruits appointed after 01.01.2004. State Bank of India were given the benefit to its employees the old pension as well as the contributory pension scheme.

The present scheme is having two tiers namely tier–I non-withdrawal account and tier –II withdrawal account. Monthly contribution of to the tier-I account would be 10% of the basic pay plus DA. Employees can contribute voluntarily to his account. According to Para 20.2(g) of PFDRA Bill of 2013, “there shall not be any implicit or explicit assurance of benefits except market guarantee mechanism to be purchased by the subscribers”

This scheme has several draw backs:

1. No guarantee of sufficient amount at the time of retirement. For example if an individual invest some amount annually till his age of superannuation, there is no explicit or implicit guarantee the amount of pension he would get; instead the amount is wholly depend on the market. So, there is no guarantee of minimum pension he will receive after his retirement.

2 . There is no provision of Family pension.

3. If the funds invested in the share market, as long as things going smooth it will fetch the employee. If something happens due to volatile position of the share market, who will take care of the employee after retirement.

In view of the above this organization suggests that the new pension scheme must be abolished and pre-1.1.2004 Family Pension scheme should be regulated, where there is a defined benefit of the pension.

Hon’ble Supreme Court of India has held in landmark judgment in respect of whistleblowers, which as under:-

“Here it should be kept in the mind that there is a growing acceptance of the phenomenon of whistleblower. A whistleblower is a person who raises a concern about the wrong doing occurring in an organization or body of people. Usually this person would be from that same organization. The revealed misconduct may be classified in many ways; for example, a violation of a law, rule, regulation and/or a direct threat to public interest, such as fraud, health/safety violations and corruption. Whistleblowers may make their allegations internally (for example, to other people within the accused organization) or externally (to regulators, law enforcement agencies, to the media or to groups concerned with issues). Most whistleblowers are internal whistleblowers, who report misconduct on a fellow employee or a superior within their organization. One of the most interesting questions with respect to internal whistleblowers is why and under what circumstances people will either act on the spot to stop illegal and otherwise unacceptable behaviour or report it. There is some reason to believe that people are more likely to take action with respect to unacceptable behaviour, within an organization, if there are complaint systems that offer not just options dictated by the planning and controlling organization, but a choice of options for individuals, including an option that offers near absolute confidentiality.”

Hence, whistleblowers in Central Government should also be protected.

Probable Date of Completion (PDC) on the pattern of citizen charters should be fixed for resolving the issues, for movement of file/paper from desk to desk/section in respect of issues raised by JCM/Federations and latest position should be updated in website.

After the introduction of the MACP scheme from 01.09.2008 and also due to the merger of several pay scales in sixth central pay commission, several anomalies erupted. Till date these were not solved by the DOP&T. Hierarchy was badly affected. Accountability has taken a beating. The Government sector cannot run like a private enterprise. Grouping the scales into one has vitiated the atmosphere. Further due to the introduction of the MACP scheme the supervisor is on par with supervised which damages the repute of the seniors. Till the advent of V PC, Apex scale of Rs.2375-3750 existed for the Sr. Supervisors. This scale of pay was higher than the initial recruitment scale of a Group A officer. It is a testimony that the Government had recognised the importance of granting such scale of pay to the Sr. Supervisors reaching that stage in their career with a wealth of knowledge and experience. Further, in Sixth pay commission some of the cadres were shown in poor light, whereas in some of the cadres, Sr. Supervisors were given GP 5400 and GP 6600 available in PB-III. In order to overcome these difficulties and the anomalies it is imperative on the part of the pay commission to extend the benefit to other senior supervisors of other categories also. With this background the Grade pay scales were proposed by this organization.

In the Accounts Department, for the entry level (i.e. for the post of Accounts Clerk), the educational qualification should be Graduation. The posts of Accounts Clerk and Junior Accounts Assistants should be merged into one post named as ‘JAA’ with grade pay Rs.16800 corresponding to Grade Pay Rs.2800/-.

The sixth pay commission had grouped all Accounts and Audit departments of central Government as Organised Accounts & Audit and recommended up gradation of scales of SO(A) and SSO(A)s of Rs.6500-10500 and Rs.7450-12000 as Rs.7500-12500 and allotted Grade pay Rs.4800. After the introduction of the MACP scheme from 01.09.2008 and also due to the merger of several pay scales in sixth central pay commission, several anomalies erupted. Till date these were not solved by the DOP&T. Hierarchy was badly affected. Accountability has taken a beating. Further 5% quota for unqualified Sr.A.As is available in the supervisory cadre. The present ratio between JAA and AA is 20:80.Upto few years JAAs were getting promotion as AAs after completion of 3 years. But due to restructuring the cadre these were not getting promotion even after completion of 10 years. Hence it is proposed that these were to be given the AA grade without waiting for vacancy position. In the central secretariat Accounts Asst were given the GP 4600 in VI th pay commission. Till 3rd pay commission all are in the same scale .But employees working in Central secretariat were given the upper footing. Similarly Section officers after working for 4 years in the GP 4800 were given the GP 5400. Hence there is a need to rectify this anomaly in the VII pay commission. Hence it is proposed that AA Grade pay need to be upgraded to GP 4800 and grant GP 28800 in pay band 55800-206400. Similarly, the Sr. Section officers/Sr.ISA/Sr.TIA to be given the grade pay of Rs.39600 corresponding to the grade pay of Rs.6600/-.

ASV Cadre

There is no direct recruitment to this cadre and is being filled up by calling for volunteers from Accounts Assistants (GP 4200), Sr.Cashiers (GP 4200), Junior Accounts Assistants and Cashiers (qualified in Appendix IIA)(GP 2800).

During the IV PC, this cadre was granted 03 additional increments keeping in view arduous and sensitive nature of duties. In the V PC this was withdrawn and Special Pay was granted. Since the ASV post also carries the same Grade Pay in the VI PC and no special allowance is being granted to those who come over as ASV with GP 4200, not many people are opting for this cadre.

Since this cadre is vital for the organisation, there is a need to protect the cadre by way of granting attractive allowances either by restoring the additional 3 increments or Lump sum amount of Rs.3000/-PM with DA

In the Ministerial cadre, for the entry level (i.e. for the post of Clerk), the educational qualification should be Graduation. The posts of Junior Clerk & Senior Clerk should be merged into one post named as ‘Office Clerk’ with grade pay Rs.16800 corresponding to Grade Pay of Rs.2800/- of 6th CPC.

Further, Chief Office Superintendent in Railways exercises the same functions as Section Officers/Desk Officers in the Ministries/Departments/Secretariats of Govt. of India. The organizational structure of administrative/executive functions for control over Personnel Branch of Indian Railways is distributed amongst various sections in CPO’s (in HQ)/Sr.DPO (in Divisions/Workshops, etc.) ranging 12-15 ministerial staff in a section in an average and each section is headed by a Chief Office Superintendent. These Sections deal with the Personnel Matters, Transfer/Posting, Recruitment/Deputation, Legal Matters, Clarification on Rules and Regulations, Financial Sanction, Plan and Non-plan Budget, Disciplinary and vigilance matters, Union and Associations and other related matters for all over India. Thus, Chief Office Superintendent has having higher responsibilities than Assistant posted in the Ministries/Departments/Secretariats of Govt. of India, including Railway Board.

Till the advent of V PC, Apex scale of Rs.2375-3750 existed for the Sr. Supervisors in the Ministerial Cadre. This scale of pay was higher than the initial recruitment scale of a Group A officer. It is a testimony that the Government had recognised the importance of granting such scale of pay to the Sr. Supervisors reaching that stage in their career with a wealth of knowledge and experience. However, this scale was downgraded in V PC (7450-11500) and further downgraded in VI PC (GP 4600 in PB2). Due to the above, the employees at the highest supervisory cadre are demoralised/ demotivated. Hence it is proposed that there is a need to reintroduce the Chief office Supdt with a Grade pay of Rs.39600/- which is equivalent to GP 6600 and Office Supdt. should be given the grade pay of Rs.28800/-, which is corresponding to Rs.4800/-.

This organisation is of the opinion that the Stenographers of Zonal Railways are entitled to the same pay scale as is provided to the Stenographers and Private Secretaries in the Central Secretariat and suggest that they be brought on par with the similar grades in the Central Secretariat.

Since, Railway Board itself emphasize that Stenographers’ Cadre cannot be restructured, as the post of Stenographers is linked with the level of officers concerned. Hence, the Railway officers are in identical/similar capacity either at Railway Board Office or Zonal Railways, also they are inter-changeable, hence, duties and responsibilities, functions, nature of job etc. of Secretarial Assistance cannot be different at Railway Board Office or Zonal Railways and are comparable.

Recently, CAT/Madras has delivered judgment dated 12.06.2012 in OA No.658/2010, by finding no difference between Private Secretary of CSSS & CAT and Private Secretary Grade II of the Zonal Railways, “direct to grant Grade Pay of Rs.4800 initially and Grade Pay Grade Pay Rs.5400 on completion of 4 years regular service in the cadre of Private Secretary Grade II with Gazetted status w.e.f. 01.01.2006.”

To sought remedy, the Railway Administration filed WP No.5393/2013 and MP No.1/2013 in the High Court of Madras, which was rejected on 26.03.2013 and subsequently filed SLP(Civil) No.19892/2013 and Review Petition(Civil) No.3202/2013 in Apex Court, which were rejected on 08.08.2013 and 28.01.2014 respectively.

Accordingly, Northern Railway Private Secretary Grade II (GP Rs.4600) got favourable judgment dated 12.03.2014 in OA No.871/2014 through the

CAT/New Delhi on the basis of above judgement of the Hon’ble CAT/Madras, High Court of Madras and Apex Court. CAT/ New Delhi’s judgment has been forwarded to Railway Board by the General Manager, Northern Railway with favourable recommendations.

Hence, in the interest of natural justice, this organisation demands immediate orders for absolute parity in Stenographers’ Cadre, irrespective of Railway Offices, without referring the matter to DoP&T or MoF.

The legal staff were earlier placed in two grades of 7450-11500 & 6500-10500.With the introduction of VI Pay commission, these two grades were merged and all the legal staff have come to lie in GP 4600. It has been observed that many of the legal cases fought by the administration were lost in the court of LAW due to in expertise on law matters amongst the legal staff. Presently there is an element of 20% direct recruitment from the open market in the legal staff category with graduation in LAW. It is suggested that there is a need to increase the percentage to 40% to infuse more expertise. To attract talent from the open market the GP should be made 5400 and due to the merger the promotional channel has become bleak. Hence there is a need to reintroduce the Chief Law Asst once again with the GP 6600.

The minimum educational qualification for commercial clerk as well as Ticket checking staff in GP Rs.1900 & Rs.2000 is matriculation and for the ECRCs from open market is Graduation. However the commercial clerks are working 12 hours duty where as ECRC’s duty hours is 6 to 8 hours only. In majority of the stations, the commercial clerks are doing the duties of ECRCs generating the general tickets as well as reservation tickets through unified computers. Hence, there is a need to make commercial clerks on par with the ECRCs with the GP 2800. While the work is being hived off by outsourcing, at the same time, the work has gone up tremendously on the existing staff by way introduction of number of trains every year and due to lack of recruitment in the recruitment grade.

The case of Ticket collectors is also similar. Previously they were in charge for 3 bogies. Now they are doing for more than 5 bogies. Hence it is suggested that the grade pay of these commercial Clerks/TCs need to be upgraded to GP Rs.2800/-, after completion of 2 years of service, before fixing the pay for 7th Pay Commission.

With round the clock operation of trains, the work burden on the commercial supervisors has increased manifold. Upto 6th pay commission apex grade of Rs.2375-3750 is available for the supervisory staff which is more than the Direct officer recruitment grade. However from the Fifth commission the staff were deprived of this. Hence, it is proposed that Chief Supervisors post to be given the GP Rs.39600, corresponding to Grade Pay of Rs.6600.

The nature of the duty hours of cabin man/points man/shunting masters are arduous in nature and they cannot be equated with the other Group D staff. These people have to work during the nights also. Hence it is suggested that these staff need to be given monetary benefit in order to improve their morale. Similarly the category of trains’ clerk also received mal treatment in the sixth pay commission. In order to compensate them GP 2400 need to be merged with the GP 2800 before fixing the pay for 7th Pay Commission.

The minimum educational qualification for recruitment in ASM Category in GP 2800 from the open market is Graduation. At the same time, it is also an avenue for promotion to the Open line Group C & D staff belonging to Operating & Engineering department. Hence proposed GP Rs.16,800, corresponding to the Grade Pay Rs.2800/-. Similarly, this organization proposes GP Rs.39600/- to the Station Managers/Chief Controllers corresponding to the Grade Pay Rs.6600/-.

There are two intermittent Grade pays in the technical cadre between GP 1900 and GP 4200.Where as in the technical cadre there is only one GP namely 2800. The promotional channel is very marginal and the technician did not get a chance to go to GP 4200.Clerecal staff appointed with the qualification of 10th+2 has the opportunity to go to the GP 4600.It is a clear case of discrimination. Hence it is proposed for the merger of GP 2400 into GP 2800 and given the above GP Rs.16800.

Upto Vth pay commission Engg supervisors were on par with non-technical staff. However there is a raw deal in sixth pay commission. Engineers are placed below nurses and Accounts staff. The GP should have been given on par with the Accounts staff. The nature of the work handled by the subordinate engineers cannot be compared with the other category and they are in Excluded category under HOER. Engineering is a very specialized professional education and they have to undergo specific training for 1 to 2 years. They have to remain physically & psychologically fit from entry to end of the career in discharging the duty. Injustice has been done to this cadre by not considering their working conditions, duties and multifarious responsibilities to ensure out-turn targets, optimum productivity, quality control, material management, optimum utilization of man-power machinery, equipment, rolling stock and other resources for the efficient train operation. Considering the above, it is imperative that Junior Engineers Grade pay need to be upgraded to GP 4800 and in VII Pay commission GP Rs.28800 in pay band 55800-208800 and Senior Section Engineers (SSEs) may be granted Grade Pay Rs.39600, equivalent to Grade Pay Rs.6600.

Loco Pilot

	Existing		Proposed
Desig	Present Pay band	Present Grade pay	Additional Allowance	Proposed Pay band	Proposed Grade pay
Asst Loco Pilot	5200-20200	1900	Rs.1000 PM + DA	31200-121200	11400
Sr.ALP/LP shunter II		2400	Rs.1500 PM + DA.	31200-121200	16800
LP shunter I,LP Goods I & II	9300-34800	4200	Rs.2000 PM + DA	55800-208800	25200
LP Passenger I &II /Sr Motorman /Motorman		4200	Rs.3000 PM + DA	55800-208800	27600
LP mail Passenger I/Sr Motorman/LP mail/Express		4200	Rs.4000 PM + DA	55800-208800	32400

Guards 

The lowest Pay of Central Government employee is in Pay Band I (Rs.5200– 20200) + Grade Pay of Rs.1800/-. Assistant Loco Pilot is allotted in the same Pay Band with a Grade Pay of Rs. 1900/- i.e. just Rs. 100/- more than the lowest post in the Government Service without considering the higher educational qualification, the highest standard of Medical fitness, stringent training, high responsibility and skill required to perform duties in train operation. The responsibility and the risk involved have also not been taken into consideration. Realising this fact the Railway Board upgraded 80% of the Assistant Loco Pilot post with a grade pay of Rs.2400 with effect from 01.05.2010. Thus 20% of post is in Grade Pay Rs.1900 still remains at the entry level itself.

The duties of Assistant Loco Pilot have under gone a sea change from 1st Central Pay Commission to 7th Central Pay Commission. His duty is much related with public safety and therefore, subjected to stringent punishments for even an error in judgement on his part and often met with highest penalty of removal, same as in the case of Loco Pilot (Railway Board Order No.99/safety(A&R)/6/1 dated 21.08.2012). So in fact in present day situation, an Assistant Loco Pilot is virtually a Co-Loco Pilot similar to Co-Pilot of Airways.

Considering the above, Assistant Loco Pilot pay shall be upgraded to PB-2 + GP Rs.4200/- in the 6th CPC scales and corresponding and appropriate pay scales to be allotted by the 7th CPC.

In the case of Loco Pilots the 6th Central Pay Commission merged the scales of Rs.5000 – 8000, Rs.5500 – 9000 and Rs.6000 – 9800 into one Grade Pay of Rs.4200/- in Pay band of Rs.9300 – 34800, which was against the principle enunciated by the 6th CPC. At the same time some of the Posts which had a scale of Rs.6500–10500 were upgraded to a distinct Grade Pay of Rs.4600. Subsequently vide Railway Board circular No.RBE 226/09, all the left over post in the scale Rs.6500-10500 were also allotted with the Grade pay of Rs.4600. So, in fact, two grades of Rs.5000–8000 and Rs.5500–9000 are only merged into the Grade pay of Rs.4200. Others were upgraded to the scale of Rs.7450-11,500 and allotted the Grade pay of Rs.4600 whereas 5th CPC S10A scale of Rs.6000-9800 for Loco Pilot (Mail) was left out and not upgraded to GP Rs. 4600.

In view of the above facts the above are proposed.

Presently, there are total five Grade Pays in Medical laboratory of Railways i.e. Rs.2000/-, Rs.2400/-, Rs.2800/-, Rs.4200/- and Rs.4600/-. 5th CPC as well as 6th CPC recommends for ‘compressed scales of pay’ in all paramedical categories except Medical Laboratory cadre. Due to existence of 05 grade pays in the cadre, the qualified Laboratory personnel after being recruited initially in Grade Pay Rs.2000/- cannot reach to the apex grade of Laboratory cadre throughout their service career. Hence, this organisation proposes that only two grade pays i.e. Rs.4200/- and Rs.4600/- should be introduced in this cadre like other categories of paramedical viz. Physiotherapist, Health & Malaria Inspector, Dietician, etc.

Sixth pay commission in its report recommended that all the present employees belonging to Group D who possess the prescribed qualification for entry into Group C will be placed in Group C running pay band straightaway w.e.f. 01.01.2006. Other Group D employees who do not possess the prescribed qualification are to be given 6 months training and thereafter upgrade and place in Group C running pay band. It has also mentioned that job description of the Group D posts so upgraded and placed in Group C shall be revised and re-defined with emphasis on multi-skilling so that a single employee is able to perform various jobs. Further while issuing model recruitment rules for the erstwhile Group D staff, DOP&T in their OM dated 30.04.12 has stated that designations of Multi-skilling staff may be adopted in some common categories of posts for other category of posts, a single designation posts whose duties are similar in nature where the officials can easily be switched from one task to another task maybe adopted.

However, these were continued in Railways merging all the 4 scales into one category granting GP 1800. Due to the above the avenue of promotions were affected for them except through MACP which is effecting their morale due to lack of progression in the career.

However, recently Railway Board issued instructions for reorganizing the staff pattern of trackmen/gateman/Trolley man/watchman/Keyman and considered career progression and in the unified cadre of track maintainer by creating Track Maintainer-I GP 1800, Track Maintainer-II in GP 1900, Track Maintainer-III in GP 2400 & Track Maintainer-IV in GP 2800 in the ratio 60:22:12:6 respectively. This has somehow fulfilled the aspirations of the Trackmen. However, the promotional channel is not that much encouraging. Staff appointed as Trackmen should reach at least JE grade as Graduate/Diploma holders are joining in the Trackmen category. Keeping in view the nature and condition of the duty performed by this category of the staff, this organisation suggests that the initial recruitment grade in this category should be atleast two grade higher and upto the grade of JE (i.e. Rs.4200). Further, for safety of the trains operation, suitable allowances may also be granted viz. Hard Duty Allowance, etc., as they performed Group D staff of the following supporting categories of staff such as Peon, Lascar, Watchman & Bungalow Peon and Group D staff of other Departments having matriculation the promotional chances are also bleak. Similarly, Helpers (Technical) in departments like Sheds, Workshops, Production Units, Train Lighting, TRD, S&T, C&W, Power, etc. also on the same plank. There is a need to enhance the opportunities to them also. Hence it is proposed as following:

The career progression scheme may also be brought to other Group D staff working In Railways. Peon, Lascar, watchman & Bungolow Peon and Group D staff of other departments having matriculation may be redesigned as OFFICE Assistants and grant GP 1900. Helpers (Technical) in departments like sheds, workshops, production units, train lighting, TRD, S&T, C&W, Power etc. should be redesigned as Asstt. Technician and grant GP 1900.

On behalf of the all the employees of Indian Railways, this organisation earnestly request before the Seventh Central Pay Commission to have job evaluation scientifically and then consider just pay scale to employees of Indian Railways, keeping in mind historical horizontal and vertical relativity so as to keep the morale of staff in high pedestal and ensure efficient operation of Indian Railways.

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Source: http://brms.org.in/wp-content/uploads/2014/07/FINAL-BRMS-7thCPCMemo-30.07.2014.pdf