Counting of training period for financial upgradation under MACPS in respect of Junior Engineers (JEs), Senior Section Engineers (SSEs) and other Technical non-gazetted staff: IRTSA
INDIAN RAILWAYS TECHNICAL SUPERVISORSโ ASSOCIATION
No:IRTSA/Memo-9
Date:24.03.2025
Director General (HR)
Railway Board.
Respected Sir,
Sub: Counting of training period of Junior Engineers (JEs), Senior Section Engineers (SSEs) and other Technical non-gazetted staff for financial upgradation under MACPS.
Ref: 1. Railway Boardโs letter No.E(NG)I/90/IC1/1, Dated 04.02.1991, implementing DoPT OM no 16/16/89-Estt(Pay-I) dt 22.10.1990.
2. DoPT OM no 16/16/89-Estt(Pay-I) dt 31.3.1992.
3. Railway Boardโs letter No.E(NG)1-93/PM1/4 dated 18.01.1993.
4. Ministry of Communications, Department of posts letter No. 44-2/2011-SPN-II, dated 24.04.2023.
5. Judgment and order dated 03-01-2019 in WP(C) No. 6963/2018 passed by the Honโble High Court of Orissa.
6. Honโble Supreme Court Order on Special leave petition (Civil) Diary No(s). 28896/2019.
1. IRTSA once again seeks your kind attention to the ongoing injustice faced by Technical Supervisors and urges its prompt resolution. The exclusion of the training period from financial upgradation under MACPS has resulted in discrimination against Technical Supervisors in the Railways, especially compared to their counterparts in other Central Government Departments, where the training period is considered for MACPS.
2. Persons selected for regular appointment in technical departments for the posts like Junior Engineers (JEs), Senior Section Engineers (SSEs), CMA, CMS, DMS and CDMS are required to undergo training for a period of one year. Training being essential part of service, there is no reason not to count the period spent on training for all purposes.
3. Non-technical employees who are not required to undergo any training recruited on the same date along with the technical employees in the same pay level earn their financial upgradation through MACPS well before the Technical Staff. This put the technical employees in a disadvantageous position vis-a-vis the non-technical employees, since the period spent in the training by the technical employees are not counted for the purpose of financial upgradation, under MACPS.
4. Railway Boardโs letter No.E(NG)I/90/IC1/1, Dated 04.02.1991, implementing DoPT OM no 16/16/89-Estt(Pay-I) dt 22.10.1990 (Copy of letter in Annexure-I) on the subject of Counting of training period for the purpose of drawing increments, states that, in case where a Railway servant has been selected for regular appointment and before formally taking charge of the post for which selected, the Government servant is required to undergo training, the training period undergone by such Railway servant whether on remuneration of stipend or otherwise may be treated as duty for the purpose of drawing increments.
5. DoPT OM no 16/16/89-Estt(Pay-I) dt 31.3.1992 (Copy of OM in Annexure-II) allowed treating such training as duty for the purpose of increment, in case of the employees undergone such training on or after 01.01.1986.
6. These orders had been implemented for the purpose of drawing increments as otherwise the concerned employee, would be put to perpetual disadvantage vis-a-vis the staff in non-technical cadres who are recruited along with technical staff in the same scale of pay.
7. Moreover, Training imparted to those recruited through the Railway Recruitment Boards and later absorbed as Junior Engineers (JEs), Senior Section Engineers (SSEs), etc on Railways is not pre-appointment training in nature (as that of the Apprentices recruited under the Apprentices Act).
8. Railway Board in their letter No.E(NG)1-93/PM1/4 dated 18.01.93 (Copy of letter in Annexure-III) states that time spent by a Railway Servant under training immediately before appointment to service is to be counted as service for the purpose of appearing for departmental examination for promotion to Lower Gazetted Service (LGS) / Group-B.
9. Non-inclusion of training period for the purpose of financial up-gradation under MACPS, discriminates the Technical employees compared to the non-technical employees recruited in the same Scale of Pay/Grade Pay in the same period, defeats the basic sprit of Railway Boardโs letter No.E(NG)I/90/IC1/1, Dated 04.02.1991 in removing the disadvantageous position of Technical employees in getting their training period counted for annual increment, pensionary benefits, pass eligibility etc.
10. Ministry of Communications, Department of posts through its letter No. 44-2/2011-SPN-II, dated 24.04.2023 (copy of letter in Annexure-IV) clarified that training period is counted for all purpose i.e MACPS, Promotion, Pension, etc.
11. MACP scheme is uniformly applied for all central Government employees. As such, the counting of training period for the purpose of financial upgradation under MACPS for Railway employees is quite genuine and just.
12. In its judgment & order dated 03-01-2019 in WP(C) No. 6963/2018 passed by the Honโble High Court of Orissa said that, since the Training period has to be treated as regular service for the purpose of ACP as has already been observed in earlier judicial pronouncement, the Respondents (Railways) are duty bound to honour such verdict and to grant such financial upgradation treating induction of the applicant as in-service Trainee. Copy of part of the Judgement is placed at Annexure-V.
13. Arising out of impugned final judgment and order dated 03-01-2019 in WP(C) No. 6963/2018 passed by the High Court of Orissa, Honโble Supreme Court in its order said that, โWe find no ground to interfere with the impugned order(s) passed by the High Court on the ground that the petitioners were given the regular pay-scale and the increments were also given to them right from day one. Even during the training period, increments were given to them. We have considered the policy pertaining to ACP. On perusal of the same, we find no ground to deny the benefit of training period, which was after appointmentโ. Copy of part of the Judgement is placed at Annexure-VI.
14. It is, therefore requested, that the training period of Junior Engineers (JEs), Senior Section Engineers (SSEs) and other similarly placed technical employees in Chemical & Metallurgical Department and Stores on Railways be counted as regular service for the purpose of ACPS / MACPS.
Thank you in anticipation
K.V.RAMESH
General Secretary, IRTSA
9003149578
Copy for kind information and necessary action
Secretary, Railway Board
Annexure-I
Copy of Railway Boardโs letter No.E(NG)I/90/IC1/1, Dated 04.02.1991
Subject: โ Counting of training period for the purpose of drawing increments
Please find enclosed a copy of Department of Personnel & Trainingโs O.M. No. 16/16/89-Estt (Pay-I) dated 22.10.90 on the above subject for information and necessary action. The instructions contained in this O.M. will be applicable to non-gazetted railway employees mutatis โ mutandis w.e.f. 1.10.1990.
2. This issue with the concurrence of the Finance directorate of Ministry of Railways.
3. Please acknowledge the receipt.
Director, Establishment (N)
Railway Board
No.16/16/89-Estt (Pay-I)
Government of India
Ministry of Personnel, Public Grievances and Training
(Deportment of Personnel & Training)
New Delhi-110001, Dated the 22nd October-1990
Office Memorandum
Subject: โ Counting of training period for the purpose of drawing increments โ Clarification regarding.
The undersigned is directed to say that under FR 26 only duty in a post on time scale counts for increments in that time scale. As per FR 9 (6) (a) (i) the service as probationer or apprentice is treated as duty provided that service as such is followed by confirmation. As such, the training period during which a Government servant is not remunerated in the scale of pay attached to this post can not be treated as duty.
2. The staff side in the National Council (JCM) have raised a demand that the training period should be counted for the purpose of drawing increments as otherwise the concerned staff, particularly the non-gazetted in technical departments, where the training period is a long one is put to perpetual disadvantage vis-a-vis the staff in non-technical jobs who are recruited along with technical staff in the same scale of pay.
3. The matter has been considered in the National Council (JCM) and it has been decided that in case where a person has been selected for regular appointment and before formally taking over charge of the post for which selected, the person is required to undergo training, training period undergone by such Government servant whether on remuneration of stipend or otherwise may be treated as duty for the purpose of drawing increments.
4. These orders take effect from the 1st of the month in which this O.M.is issued.
5. Ministry of Finance etc, are requested to bring the above decision to the notice of all concerned.
6. In so far as the persons serving in the Indian Audit and Accounts Departments are concerned, these orders issue with the concurrence of Comptroller & Auditor General of India.
โSdโ
(T.O.Thomas)
Under Secretary to Govt. of India.
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