NFIR of IndianRailwaymen Federation National ROAD,NEWDELHI- 11O055 3, CHELMSFORD Affiliatedto : Indianl.lationalTradeUnionCongress(INTUC) TransportWorkers'Federation(lTF) International

Dated:05103/2017

No. IV/|,IFIR/SCM/Pt. VI The Secretary, JCM (Staff Side), 13-C,FerozshahRoad, New Delhi Dear Brother. Sub:

Agenda Items for next meeting of Standing Committee of NC (JCM)-reg.

Ref:

Ministry of Personnel,Public Grievances& Pensions,DoP&T's letterNo. F. No. 31312016-JCA dated1" March 2017. t<**<*{.{<**.{<

Pleasefind enclosedthe items to be included in the agendafor meeting.

Yours f Encl: Two

(Dr. M. General Secretary Copy to the General Secretariesof affiliated Unions of NFIR.

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Sub:

Counting full service of Temporary causal labourers for pensionary and retirement benefits in Railways-reg. *{<{<{
The Staff Side had discussedits demand for counting fulI service of temporary statusof casual labourers for pensionary and retirement benefits at the level of Railway Ministry. Consequently,the Railway Ministry had agreedand accordingly proposal was sent to the Ministry of Financeand DoP&T seekingclearance.Unfortunately,the MoFlDoP&T have not accordedapproval:-

In this connection,the Staff Side brings following key points for consideration.

(a) The Casual Labourers in Railways had attained temporary status on completion of prescribed days of continuous working and got the benefits admissibleto temporary Railway/Government employeessuch as regular Pay Scale,Medical facility etc., (b) The Railway Administrations have however taken abnormally long periods to absorb them as regular staff althoughregular postswere vacant. (c) The statusof casuallabourersin railways after acquiring temporarystatus(termedas Temporary employee) is exactly similar to the substitutesin whose case,the total servicefrom the date of attainment of temporary status is counted for reckoning qualifying service for pensionary benefits. (d) Various CATs, High Courts and even the Apex Court have given decisions against the differential treatmentbetween the casual labour and substitutesparticularly when both attained temporary status and directed to treat them at par so far as reckoning the service from the date of temporary statustill the dateof regularizationfor pensionarybenefitsetc., (e) The SLPs filed by the Union of India before the Apex Court in a few casesof casuallabourers were dismissed and the Hon'ble Supreme Court had directed the Union of India to calculate Pension and other retiral benefits payable to the retiring/retired employees,taking into account the 100% temporarystatusservice.

The Staff Side, therefore, requeststo consider the above valid points and accord approval for counting total temporarystatusserviceof CasualLabourersfor pensionarybenefitsin Railways. ****{<**{
Sub:

Modified Assured Career Progression Scheme (MACPS) 'for the Central GovernmentEmployees- Arbitrary revision of benchmarkfrom "Good" to "Very Good"-reg. *xx**{<*i
The Staff Side brings to the notice of the Governmentthat after introduction of the Modified Assured Career ProgressionScheme(MACPS) w.e.f. 01't June 2009, the JCM (Staff Side) took up the issue relating to the benchmarklaid down for granting financial upgradation under the schemdat the level of DoP&T and discussedin the Joint Committee Meetings and National Advisory Committee Meetings held on 17/0712012ad

2710712012,urging to

reconsiderthe benchmarkconcepttaking into considerationthe norms laid down for promotion (D) (Vol. II) datedI't of staff. After discussions,the DoP&T vide O.M. No. 35034/3/2008-Estt. November 2010 & 4rt October 2012 had issued instructionsthat the benchmarkmaintainedfor be adoptedfor granting filling the vacancythrough promotion by selection/non-selection/fitness financial upgradation. The Staff Side however, expressesits disappointmentover the decision (ResolutionNo. l-2l2Ot6-IC dated 25ft July 2016) of the Ministry of Finance (Department of Expenditure) introducing the benchmark "Very Good" for granting financial upgradation.The Government could have taken into considerationthe bilateral agreementreachedwith the JCM (Staff Side) and the decision communicatedvide DoP&T O.M. dated l't November 2010 and 4ft October 2012 for continuanceof the standardprescribed already for granting MACP. Ignoring the said decision and introducing the benchmarkconcept of "Very Good" is an unjustified action when bilateral agreementhad alreadybeenreachedwith the JCM (Staff Side). The Staff Side therefore urges to review for cancellation of upgraded bench mark decision. !t ?k ?k ?k :l t< !k :l rk :t