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No.IV1B

Dated:t5/05/2017

The Chairman, Railway Board, New Delhi Dear Sir, Sub:

Non-redressalof iszuesdiscussedby the Federations- Grant of regular absorptionof staff working in Quasi Administratiie ofticesAJnits in the erstrvhiG ctoup .D, posrsreg.

Ref:

Federations'joint letterNo. IVlBdated 0g/05lz0\6to the Chaiman, Railway Board.

with reference to DC/JCM Item No. 2720a6 relating to demand for absorptien of staff working in Quasi Administrative ofFrcesAJnitsagainsterstwhile-Group'D, postspending since long, the General Secretariesof Federationsvide joint litter dated09l05/2orb t" nJara ffite) n"a furnished full justification for restorationof the earlier policy decision (year 1973& 1,977)for facilitating their absorption. Federations are however disappointedt9 sfate that though a period of one year has lapsed, this genuine demand has not yet been conceded. Federations also-feelsad to mention that the meeting souglrt for at the level of Hon'ble MR and cRB to discussthe issue along with other fenang subjects has not been convenedyet. it needsto be understoodby Railway Board that on its assuranceduring discussions,the strike decision was deferredby the FedJrations,rt"pire iu";;r;;;;"nds wilt be out tluough negotiated settlement.Fedeiations however-feel exnemely lott:d disappointed to state that ^ ' the Railway Board's approachis not positive and realistic towardssolving issues. In this connection, Federations also desire to state that as many as 12 valid points were furnished to the Board (CRB)-on the rrgal opinion tendered by the karned ASG, in this particular case of quasi-staff. There has, however, been no positive consideration on those pointr. rr flris coutext we re-iteratethat the RailwayBoard's order datedtOs June, 1997was arbitrary -o u*o*t"d to breach of agreernentreachedwith the Federationsduring previous years. Federations, thgrefore, request the CRB to kindly see that the meeting is arranged at Hon,ble MR's level early to settle this long pending issue as well other issueswhere agrlements rlached, but not A copy of joint letter of Federations vide dated 0g105/zot6 (with its enclosure) is sent l"T_n]-:T:"t.d. nerewrtn. DA/As above Yours faithfullg

axf't " (Shiva Gopal Mis

@r. M.Raghavaiah) I GeneralSecretaryA.{FlR'

f.,?,0/,f )'#ily"yfd'#',S",yBjH. to "",ffi.liiiT#'f"?",|?iffi the General Secretariesof affiliated Unions ofNFIR ,/Copy 'Media '

CentreAIFIR. FileNo. W9SEartXFile No. 2712006(DC/JCM). File No. IVAtrFWFTC 11.

'h t - 1?

N o . I I i1 B

Dated:0910512A16

The Chairman. Railu'ay Board, Neu'Delhi Dear Sir. Sub:

Non-redressal of issuesdiscussedby the Federations- absolptionof staff working in Quasi Administrative Offi cesAJnitstn tlie R^ailwaysagainstvacancies-reg.

Federationsare constrainedto bring to the notice of CRB that the issueof "absorptionof staff working in Quasi Administative OfficeslUnits againstvacanciesin erstwhile Group 'D' categories on Railways" has been pendin-eu'ith the Railway Board since 2006 (DC/JCM Itern No. 2712006), of coursewithout any positive result. In this connection, Federations reiterate that besides several rounds of discussions during Departrnent Council (JCM) meetings, this issue was discussedwith the Federationsin the firll Board meelings chaired by CRB on 23'd August, 2013,7h February 2014 and,4n February 2016. It is however sad to convey that the discussionshave not yielded positive resultstill date. When the Railway Board expressed its reservafionsto agree for regular absorption of quasistaff on the plea that legal opinion tendered by the Leamed ASG is ssming in the way, the Federations vide letter dated 08m February 2016 have given a note sheet to the Railway Board, justifying restoration of earlier policy which was withdrawn arbitrarily by the Board. A copy of the note sheetis again enclosed. Federations, therefore, once again request the CRB to kindly seethat approval is accordedby the Board for absorption of staff working in Quasi Administ'ative OfficesAJnitsagainsl erstwhile Group 'D' vacancies (GP 1800+PB-l). Federationsalso seeka specialmeeting at the level of CRB and Hon'ble MR to discuss this issue along with ottrer issueson which stike ballot was taken in the month of February 2016.

Yours faithfull-r', (Shiva Gopal Mishra) General Secretary,AIRF Copy toExecutive Director (IR), Railu,ay Board, New Delhi.

op, (Dr. M. Raghavaiah)

GeneralSecretary,NFIR

Screeningand absorptionof QuasiAdntinistrativeUnitsStaff in Raihvavs Pointsfor consideration: t' The Raihvay Ministry had formuiatedpolicy in the year 1977in consultarion with the Federationsfor scr-eening and absorptionof QuasiAdministrztiveOfficesrunitsStaff connectedu'ith the Railu,ays. 2' Pursuant to the said policy decision, the screeningand absorption of euasi Administrative Units stafi againstGroup 'D' vacancieswas being donesirfcethen in the Railways. 3' The Railu'ay Board had cancelledits policy decisionarbitrarily in June i997 withour even consulting the Federations.When the Federationslodged protest, the Boardhad issuedordersfor screeningandabsorptionof thoseon rolls ason l0106lLgg7. 4. Federationshave beeninsisting that the Quasi Staffshouldbe continuedto be considered ' for absorption duly restoring the policy decision of 1977.The Railway Board have however chosento obtain legal opinion from the learnedAdditional Solicitor Generalof India (Shri Mohan Parasaran). 5' The learned ASG in Para 4 of his legal opinion has stated that "a relaxationor modification of an earlier policy shouldonly be madein rare casesand any action taken by the Raiiways should be just, fair and reasonableandin public interest.No relaxation can be given for the mere asking." 6' The legal opinion of learnedASG vide point no. 5 aboveestablishes the positionthatthe cancellation of earlier policy decisionof 1977,that too without prior consultations with the Federationswas un-justified,unfair and un-reasonable. 7. Federation's contention has beenthat the policy decision,which was in vogue for over four decades,should have been continuedas the cancellationof said pohcf was unjust and arbitrary. 8' Coming to Point no. 5 of the legal opinion of learnedASG, it may be appreciated thatthe Federationdid not propose dilution of educationalqualificationfor absorption of euasi staff in GP 1800/- (PB-l). However,age relaxationneedsto be granted,as is allowed in the caseof ex-sericemen, SC/STand OBC candidates.

Contd.Paee...2

ll2lt 9. In Board'sletterNo. E(NG)1V2006/RR-4/3 dated06/0812015. addressed to the Genelal "Legal Secreiaries of NFIR & AIRF. it u'asstatedthat Directorate on theissuehasopined that in vierv of SupremeCourt's older. any schemeof reguiarizatioirof persons irregularly appointedearlieris permissibleas a one{imemeasureonly and thereshould be no fur1her blpassing of the Constitutionalrequirement".In this connection.the Federationdesires the Rail'"i'ayBoald to appreciatethat the Quasi Staff are bein-e appointedby the Institutionsi.e. Railu'ayInstitutes.Co-operative Societies.Recognized Unions etc. The Raihvay Instirutesareheadedby the RailwayOfficel of the rankof JA Glade as chairman and under his/her control the managingcommittee of Instirute functions.in this connection.Para2208to 2217 of IREM-VoI.II (1990edition)maybe refered to. So far as the Staff of recognizedUnions are concelned,they are granted medical and travel facilities by the Railu'ay Boardwhich are equallyallou'edto those working in Railway lnstitutes.Clubs,Cooperative Societies etc.IREM provisionscleariy indicate that the Quasi Staff are Railway related staff and not outsiders.Thus the Federation'scontentionthat the staff working in the QuasiAdministrativeUnits are"not irregularly appointedstaff is valid. ttj.the Board had iaid down policy in the year 1977,recognizingthe fact that Quasi Administrative Railq'ay Staff are serving the institutesetc., for the Welfare of Railway employees.So far as recognizedUnions are concerned,the RailwayBoard had accorded approval for granting medicalpassfacilities to their staffwith ceilingon suchnumber. 11. The SupremeCourt's Order stipulatesthat whereinegular appointments are made,such staff may be consideredfor absorptionif the personshaveput in more than 10 years service without break. In the instant casereferredby the Federations, the appointments made were not irregular and the staff have been continuouslyworking sinceseveral years. Therefore, their absorption would not fall foul of the intent and spirit of the judgment of the Apex Couft. 12. Sumrning up, Federationsrequest for restorationand continuanceof the policy to facilitate absorption of Quasi Administrative Units/OfficesStaff (Railway Institutes, recognizedlJnions,CooperativeSocietiesetc.,)againstvacancies in GP 1800(PB-l). The above in-puts and points are by and large, in conformitywith the spirit of legal opinion tenderedby the learnedASG (Shd Mohan Parasaran). **********