Grant of MACP to the SOMs/Sr. PWSs of the Civil Engineering Department – AIRF
Dated: January 16, 2018
Metro Station Building,
Sub: Grant of MACP to the SOMs/Sr. PWSs of the Civil Engineering Department
Ref.: (i)AIRF’s PNM Item No.06/2012
(ii)Railway Board’s letter No.PC-III/2003/CRC/6 dated 09.10.2003(RBE No.177/2003)
(iii)Railway Board’s letter No.PC-III/2004/CRC/1(Pt.1)dt.22.03.07(RBE No.45/2007)
(iv)Railway Board’s letter No.PC-III/2004/CRC/1(Pt.1) dated 17.04.2007 addressed to AIRF
(v) Railway Board’s letter No.PC-V/2009/ACP/2 dated 10.06.2009(RBE No.101/2009)
(vi)Railway Board’s letter No.PC-III/2012/FE-II/2 dated 03.07.2013(RBE No.64/2013)
On demand of AIRF, on the basis of functional, operational and administrative requirements, restructuring of the Group `C’ & `D’ Cadres w.e.f. 01.09.2003 was notified by the Railway Board, covering detailed instructions vide its orders dated 09.10.2003. These instructions also covered multi-skilling of various grades/cadres of various departments of the Railways, viz. Transportation, Personnel, S&T, Stores, Ministries of all the Engineering Departments. Under Para 13(a) of the aforesaid letter of the Railway Board, all the posts of the Supervisors(erstwhile Ministries) in Grade Rs.4500/7000+Rs.100 as Special Allowance (excluding P. Way Supervisors) should en-block be upgraded to the post of Jr. Engineer Grade II in the pay scale Rs.5000-8000 and merged with the respective cadres of Technical Supervisors with its spread effects in the higher grades, i.e. Rs.5500-9000, 6500-10500 and 7450-11500 as per revised percentage, distribution of posts prescribed for Supervisors in these orders.
In case of Supervisors, the posts being held by the erstwhile PWMs was allowed this benefit up to a maximum of 17.26% of the sanctioned cadre of PWMs and was to be upgraded and merged with the posts of Jr. Engineer Grade-II(P. Way) in pay scale Rs.5000-8000 with its spread effects as extended to the other Mistries described in the foregoing para. These instructions of the Railway Board were implemented by all the Zonal Railways for the purpose of grant of restructuring benefits applicable w.e.f. 01.09.2003. Further, Railway Board vide its later orders dated 22.03.2007 abolished the category of PWMs by merging such Track Supervisors (erstwhile PWMs) working in scale Rs.4500-7000+Rs.100 as Special Allowance applicable to all those appointed prior to 01.11.2003 and introduced the category of Sr. PWS in scale Rs.5000-8000 with the terms and conditions mentioned in the Board’s letter referred under caption (iii) above. Accordingly, all Mistries of all departments, including SOMs and PWSs of the Civil Engineering Department, appointed prior to 01.11.2003, stood upgraded and merged with the Technical Supervisors, namely JE-II in pay scale Rs.5000-8000 with its spread effects in the higher grades. Ironically, no complaint was received, wherein aforementioned Cadre Restructuring orders with regard to the Ministries of all the department was allowed treating them merged with JE(II) GP Rs. 5000-8000 (RSRP). However, one case of the Ministries of S&T Department was referred by Northern Railway to the Railway Board for filing SLP against the orders passed by the Hon’ble CAT/NDLS and upheld by Hon’ble High Court of Delhi in WP(C) No.4601/2015 – Titled UoI & Ors. Versus Satyendra Kumar case of restructuring orders. Railway Board’s SLP in question, which was dismissed by the Hon’ble Supreme Court of India vide its orders dated 01.07.2016.
Now, it is a matter of great concern that various Zonal Railways, having allowed the benefits of MACP in compliance of Para 5 of Board’s orders dated 09.10.2003, are being challenged by the Associated Finance of the respective Zones/Divisions in cases of grant of MACP benefits to such Ministries, treating their grade of Rs.4500-7000 + Rs.100 as Special Allowance, upgraded to Rs.5000-8000 as merged grade for the purpose of MACP benefits. It has invited litigation in various Divisions and Zones on Indian Railways and Railway Administrations are allowing the benefit of MACP, so extended in compliance of Para 5 of Board’s letter dated 09.10.2003 to avoid contemptuous action, but those who are unable to pay huge legal expenses are suffering and lakhs of rupees are being recovered at the time of retirement of such SOMs/PWSs of the Civil Engineering Department. Railway Board vide their letter No.PC-III/2004/CRC/1(Pt.1) dated 17.04.2007, referred to above, had also clarified that Track Supervisors(erstwhile P. Way Ministries) in scale Rs.4500-7000 + (Rs.100 as Special Allowance), appointed prior and after 01.11.2003, are eligible for placement in the scale Rs.5000-8000, subject to the conditions mentioned in the Board’s letter dated 22.03.2007. Thus, there was no scope left for treating such Track Supervisors, merged/upgraded with JE-II pay scale Rs.5000-8000, after required financial implications were met out by the respective Divisions/Zones.
Moreover, it shall also be pertinent to mention that, there cannot be discriminatory view of the Railway Administration with regard to benefit of upgradation and merger of Ministries of various departments, including SOMs and PWSs, appointed before 01.11.2003, merged and upgraded with the JE-II pay scale Rs.5000-8000 well before issue of MACP orders dated 10.06.2009.
In view of the discussions in the foregoing paragraphs, it is demanded that a clarification immediately be issued to all the Zonal Railways that instructions contained under Para 5 of the Railway Board’s order issued under RBE No.101/2009 dated 10.06.2009, be implemented for SOMs and PWMs/Sr. PWSs to avoid hardships being faced to the affected Railwaymen and also to save time and money being spent in various courts on this ground.
(Shiv Gopal Mishra)