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Saturday, January 28, 2017

Pay element relating to Running Staff after the recommendations of Seventh CPC

Pay element relating to Running Staff after the recommendations of Seventh CPC

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.E(P&A)II-2015/RS-25

New Delhi, dated 24.01.2017

The General Manager,
All Indian Railway,
and Production Units.

Sub: Pay element relating to Running Staff after the recommendations of Seventh CPC.

It has come to notice that on some of the zonal railways add-on Pay element of 55% is not being reckoned for calculation of emoluments for the purpose of retirement benefits for the running staff on the basic pay fixed in the 7th CPC pay structure. As per Rule 924 (iii) of IREM-I that is still valid, 55% of Basic Pay is reckoned as add-on pay element for clculation of pension and DCRG of the Running Staff. It is therefore advised that calculation of retirement benefits of the running staff may be made as per extant Rule 924 (iii) of IREM-I on the revised basic pay in the 7th CPC.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

(Dhruy Singh)
Executive Director
Pay Commission - I
Railway Board
Tele.fax No.23378355.

Signed copy

Saturday, January 21, 2017

Instructions on sealed cover procedure – where Government servant has been acquitted but appeal is contemplated/pending -clarification reg

Instructions on sealed cover procedure – where Government servant has been acquitted but appeal is contemplated/pending -clarification reg

F. No. 11012/6/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk


North Block, New Delhi
Dated: 19th January, 2017

OFFICE MEMORANDUM

Subject: Instructions on sealed cover procedure – where Government servant has been acquitted but appeal is contemplated/pending -clarification regarding.

The undersigned is directed to refer to this Department’s O.M. No.22011/4/91-Estt.A dated 14.09.1992 issued in the light of the Judgement dated 27.08.1991 of the Hon’ble Supreme Court in the case of Union of India v/ s K.V. Jankiraman etc. (AIR 1991 SC 2010). References have been received seeking clarification with regard to the course of action in cases where the Government servant is acquitted by trial court but an appeal against the judgment is either contemplated or has been filed. This issue has been examined in the light of various court judgements including Bank of India and another vs. Degala Suryanarayana, Appeal (Civil) 3053-54 of 1997, (1999) 5 SCC 762 in consultation with Department of Legal Affairs and it is clarified as following:

i.Where the recommendation of DPC has been kept in sealed cover solely on account of pendency of the criminal case, the sealed cover may be opened in case of acquittal of the Government servant  provided it has not been stayed by a superior court.

ii.In the order of promotion a mention may however be made that the promotion is provisional subject  to the outcome of appeal that may be filed against, the acquittal of the Government servant. The promotion thus will be bwithout prejudice to the action that may be taken if the judgement of the trial court acquitting the Government servant is set-aside.

iii.In case on appeal the Government servant stands convicted,following action will be taken:

a.The provisional promotion shall be deemed non est, and the Government servant shall stand reverted;

b.In case of the Government servant being sentenced to imprisonment exceeding 48 hours, he will be deemed to be under suspension in terms of rule 10(2)(b) from the date of conviction;

c.Action under rule 19 (i) of the CCS(CCA) Rules, 1965,read with OM No. 11012/11/85-Estt (A) dated the 11th November, 1985 and 4th April, 1986 shall be taken.

2. All Ministries/ Departments are requested to bring the aforesaid instructions to the notice of all concerned and take action accordingly.

3. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)
Tele: 2309 3176

Signed Copy

GDS Committee report - Present TRCA as per the relevant arrear tables

GDS Committee report - Present TRCA as per the relevant arrear tables

Payment of Arrears: Since, the fixation of wages and payment as per the revised wage to GDSs in the new wage level and wage scale will be from a prospective date, the GDSs should be paid arrears from 01.01.2016 till the prospective date whichever date is fixed by the Department according to the TRCA slab/workload prior to fixation of wages in the new wage scale as per illustration given below.

Illustration 1: Consider one GDS BPM prior to fixation in new wage scales is working in 3 hours TRCA slab. The GDS BPM will be fixed in 4 hours after fixation in the new wage scale once the recommendation of the Committee is approved. He will be paid wages for 4 hours in the new scale on implementation of the recommendations of report which would be any date prospectively after submission of report. Therefore, for the period between 01.01.2016 and the date of implementation of recommendations of report, the GDS BPM will be paid arrears according 3 hours TRCA.

Illustration 2: Consider one GDS BPM prior to fixation in new wage scales is working in 3hours TRCA slab from 01.01.2016 to 31.05.2016 and then in 3.30 hours TRCA slab from 01.06.2016 to the date of implementation of recommendations of Committee. In this case, he/she will be paid arrears according to 3 hours TRCA slab from 01.01.2016 to 31.05.2016 and then arrears according to 3 hours 30 minutes from 01.06.2016 till the date of implementation of report, before he/she is fixed in new wage slab of 4 hours.

Based on above illustrations, the Committee has prepared 11 arrear tables for each existing slab the details of which are given Table 10.14.

Average increase in wages: The Committee noticed that due to rationalization of working hours and clubbing of 11 TRCA slabs in new wage scales, the average increase in wages of GDSs will be 30.22%.

Reduction in TRCA: In Tamil Nadu Circle a large number of GDSs informed the Committee that their TRCA has been reduced from higher TRCA slab to lower TRCA slab due to decrease in workload. They informed that the decrease in workload is not due to reasons which can be attributed to them. They informed to the Committee that sometime State Government withdraw some services from the post Offices and get it done through other agency. This withdrawal of service impacts GDS workload and it reduces steeply. They further informed that they have no role to play in the withdrawal of service but they are penalized for no fault of theirs. They requested the Committee to abolish the provision of reduction of TRCA from higher slab to lower slab in any circumstances.

Table 10.14
SN
Category
TRCA Slab
Number Of Table
1

MC/MP/MM
3 Hours
1
2
3 Hours 45 minutes
2
3
5 Hours
3
4

MD/SV
3 Hours
4
5
3 Hours 45 minutes
5
6
5 Hours
6
7


BPM
3 Hours
7
8
3 Hours 30 Minutes
8
9
4 Hours
9
10
4 Hours 30 minutes
10
11
5 Hours
11

The Committee analyzed this issue and discussed with several stakeholders and recommends that the wages of GDS should not be reduced from level 2 to level 1 in the new wage scale.

Date of implementation: The Committee recommends that date of implementation of increase of wages should be effective from 01.01.2016 as in the case of recommendation of 7th CPC for regular Central Government employees. The Committee however, recommends that placement of GDSs, other than BPMs with 3 hours and 3 hrs 45 minutes of workload in the wage scale of 10000-24470 (4 hours); BPMs with workload of 3 hours and 3hrs 30 minutes in the wage scale of 12000-29380 and BPMs with 4 hours 30 mts of workload in the wage scale of 14500 – 35480 will be done only prospectively after revision of their working hours. They will be placed at the corresponding stages with reference to the present TRCA as per the relevant arrear tables among the 11 tables given below.

GDS Employees TRCA Arrear Tables 1 

GDS Employees TRCA Arrear Tables 2 

GDS Employees TRCA Arrear Tables 3 

GDS Employees TRCA Arrear Tables 4 

GDS Employees TRCA Arrear Tables 5 

GDS Employees TRCA Arrear Tables 6 

GDS Employees TRCA Arrear Tables 7 

GDS Employees TRCA Arrear Tables 8 

GDS Employees TRCA Arrear Tables 9 

GDS Employees TRCA Arrear Tables 10 

GDS Employees TRCA Arrear Tables 11

Source: GDS Committee Report