No. IIl1B

Dated:0910512016

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

Non-redressalof issuesdiscussedby the Federations- absorptionof staff working in Quasi Administrative Offices,{Jnihon the Railways againstvacancies-reg.

Federations are constrainedto bring to the notice of CRB that the issueof "absorption of staff working in Quasi Administrative Of{icesiUnits against vacanciesin erstwhile Group 'D' categories on Railways" has been pending with the Railway Board since 2006 (DC/JCM Item No. 2712006), of course without any positive result. In this connection, Federations reiterate that besides several rounds of discussionsduring Department Council (JCM) meetings, this issue was discussedwith the Federationsin the full Board meetings chaired by CRB on 23'd August, 2013,7rh February 2014 and 4ft February 2016. It is however sad to convey that the discussionshave not yielded positive resultstill date. When the.Railway Board expressedits reservationsto agree for regular absorption of quasistaff on the plea that legal opinion tendered by the Learned ASG is coming in the way, the Federations vide letter dated 08ft February 2016 have given a note sheet to the Railway Board, justifying restoration of earlier policy which was withdrawn arbitrarily by the Board.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 requestthe CRB to kindly seethat approval is accordedby the Board for absorption of staff working in Quasi Administrative Offices/Units against erstwhile Group oD' vacancies(GP 1800+PB-1).Federationsalso seeka specialmeetingat the level of CRB and Hon'ble MR to discuss this issue along with other issueson which strike ballot was taken in the month of February 2016. DA/As above I

ry. r

\:r--.--

(Shiva Gopal Mishra) General Secretary, AIRF

Yours faithfully,

@f" (Dr. M.Raghavaiah) General Secretary,NF

Sin. %",yJri""Tr:"it'J3.Dis".".i%i{TPsmiHnxtB*t$iJ[".'rPfi Media Centre/NFIR. File No. IIl95/PartVI t, (DC/.ICM), File No. 2712006 File No. IV/NFIR/FTC 11,;'

Screeningand absorptionof QuasiAdministrativeUnits Staff in Railways Pointsfor consideration: 1. The Railway Ministry had formulatedpolicy in the year 1977in consultationwith the Federationsfor screeningand absorptionof QuasiAdministrativeOffices/UnitsStaff connectedwith the Railways. 2. Pursuant to the said policy decision, the screening and absorption of Quasi AdministrativeUnits staff againstGroup oD' vacancieswas being donesincethenin the Railways.

3 . The Railway Board had cancelledits policy decisionarbitrarilyin June 1997without even consultingthe Federations.When the Federationslodgedprotest,the Board had issuedordersfor screeningand absorptionof thoseon rolls ason 10/0611997. 4 . Federationshavebeeninsistingthat the QuasiStaff shouldbe continuedto be considered *for absorptionduly restoring the policy decisionof 1977.The Railway Board have howeverchosento obtain legal opinion from the leamedAdditionalSolicitorGeneralof India (Shri Mohan Parasaran). The learned ASG in Para 4 of his legal opinion has stated that "a relaxationor modification of an earlierpolicy shouldonly be madein rare casesand any actiontaken by the Railways shouldbe just, fair and reasonable and in public interest.No relaxation can be given for the mere asking." 6. The legal opinion of learnedASG vide point no. 5 aboveestablishes the positionthat the cancellationof earlierpolicy decisionof 1977,that too without prior consultations with the Federationswas un-iustified. unfair and un-reasonable. 7. Federation's contention has been that the policy decision,which was in vogue for over four decades,should have been continued as the cancellationof said policy was unjust and arbitrarv. 8. Coming to Point no. 5 of the legalopinionof leamedASG, it may be appreciated that the Federationdid not proposedilution of educationalqualificationfor absorptionof Quasi Staff in GP 1800/-(PB-l). However,agerelaxationneedsto be granted,as is allowedin the caseof ex-servicemen. SC/STandOBC candidates.

Contd.Pase...2

il2il 9- In Board's letter No. E(NG)III2006/RR-4/3dated06/0812015, addressed to the General Secretaries of NFIR & AIRF, it was statedthat "Legal Directorateon the issuehasopined that in view of Supreme Couft's order, any schemeof regularizationof persons inegularly appointedearlieris permissibleas a one-timemeasureonly and thereshould be no further bypassingof the Constitutionalrequirement".In this connection,the Federationdesires the Railway Board to appreciatetliat the euasi Staff are being appointedby the Institutionsi.e. Railway Institutes,Co-operativeSocieties,Recognized Unions etc. The Railway Institutesare headedby the RailwayOfficer of the rank of JA Grade as chairman and under his/her control the managing committee of Institute functions.In this connection,Para 2208to 2217of IREM-VoI.II (19g0edition)may be referred to. So far as the Staff of recognizedUnions are concelned,they are granted medical and travel facilities by the Railway Board which are equallyallowedto those working in Railway Institutes,Clubs,CooperativeSocietiesetc.IREM provisionsclearly indicate that the Quasi Staff are Railway related staff and not ouisiders. Thus the Federation'scontentionthat the staff working in the QuasiAdministrativeUnits are ,,not irregularlyappointedstaff is valid. 10:The Board had laid down policy in the year 1977,recognizingthe fact that euasi Administrative Railway Staff are serving the institutesetc., for the Welfare of Railrvay employees.So far as recognizedUnions are concemed,the RailwayBoard had accorded approvalfor granting medicalpassfacilities to their staff with ceiling on suchnumber. 11. The SupremeCourt's Order stipulatesthat where irregular appointmentsare made,such staff may be consideredfor absorptionif the personshaveput in more than l0 years service without break. In the instant casereferredby the Federations,the appointments made were not irregular and the staff have been continuouslyworking since several , years. Therefore, their absorption would not fall foul of the intent and spirit of the judgment of the Apex Court. 12. Summing uP, Federations request for restoration and continuanceof the policy to facilitate absorption of Quasi Administrative Units/Offices Staff (Railway Institutes, recognizedlJnions,CooperativeSocietiesetc.,)againstvacancies in GP 1800(pB-1). The above in-puts and points are by and large, in conformity with the spirit of legal opinion tenderedby the learnedASG (Shri Mohan parasaran). ***i<

*r,<****