NFIR

Federation of IndianRailwaymen National ROAD,NEWDELHI.110055 3, CHELMSFORD Affillated lD r Indian NationalTrade Union Congress(INTUC) International Transport Workers' Federation(lTF) Dated:0910212016

No.II/1B Shri PradeepKumaro Member Staff, RailwayBoard, New Delhi Dear Sir, Sub: Screening and absorption of U nits/Offi ces/ Or ganizations-reg. Ref:

(i) (ii)

staff working in

Quasi Administrative

DC/JCM Item No. 27/2006. Discussionsheld betweenthe Federationsand Railway Board (CRB &

rt, 0Lt r0I20| s & 04t02t20| 6. MS)on7'hFebruar r, ro ]t ;?|,_o*K TJreabove subjectwas again discussedby me with the Member Staff on l8th January, 2016 and explainedbriefly the merits involved for absorptionof Quasi - Staff in Railways. At that stage,the MS suggestedthat the Federationmay furnish points in a separate"noting sheet" in the contextof ASG's legalopinion for consideration. NFIR now furnishesthe valid points in the enclosed'Noting Sheet" for consideration. Incidentally,it is mentionedthat this is one of the demandson which Strike Ballot was takenby the Federations. Consequently,the Railway Board held meetingon 7'hFebruary2014 underthe chairmanshipof CRB in which short listed items (including this item) were discussedand . minutesissued. Yours faithfully,

\

DA/As above (Dr. M. Raghavaiah)" GeneralSecretarvCopy to the ExecutiveDirector, E(N), Railway Board, New Delhi for informationand necessary actionplease. Copy to the ExecutiveDirector (IR), Railway Board,New Delhi for informationand necessary actionplease. Copy to the GeneralSecretaries of affiliatedUnionsof NFIR. (DC). C/: FileNo. 2712006 C/: FileNo. IVA{FIR/FTC 11. C/: File No. IIA{FIR/95/ParIVII. C/: File No. IVA{FIR/BD. MTG.

Phone: 011-23343395,$5A27299, Rly.A30-22283,22626, Fax: 011-23744013, Rly.22312,Tetegram : RATLMAZDOR [email protected], E+nail: [email protected]; Website : www.nlirindia.org

HtV/ A|DS- PROLONGS QUAL|TYOF LIFE EIRLYDETECTTONOF

NFIR } Annexure to letter No. II/18 dated 0610212016 Screeningand absorption of Quasi Administrative Units Staff in Railways Pointsfor consideration: 1. The Railway Ministry had formulatedpolicy in the year 1977 in consultationwith the Federationsfor screeningand absorptionof Quasi Administrative Offices/Units Staff connectedwith the Railways. 2. Pursuant to the said policy decision, the screening and absorption of Quasi oD'vacancieswas beingdonesincethen in the AdministrativeUnits staff againstGroup Railways. J.

The Railway Board had cancelledits policy decision arbitrarily in June 1997 without even consultingthe Federations.When the Federationslodged protest,the Board had issuedordersfor screeningand absorptionof thoseon rolls as on 10/0611997.

4. Federationshavebeeninsistingthat the QuasiStaff shouldbe continuedto be considered for absorptionduly restoringthe policy decisionof 1977. The Railway Board have howeverchosento obtain legal opinion from the learnedAdditional Solicitor Generalof India (Shri Mohan Parasaran). f,.

The learned ASG in Para 4 of his legal opinion has stated that "a relaxation or modificationof an earlierpolicy shouldonly be madein rare casesand any actiontaken by the Railways shouldbe just, fair and reasonableand in public interest.No relaxation canbe given for the mereasking."

the positionthat the 6. The legalopinionof learnedASG vide point no. 5 aboveestablishes with of earlierpolicy decisionof 1977,that too without prior consultations cancellation un-reasonable. unfair and was un-justified, the Federations 7. Federation'scontentionhas beenthat the policy decision,which was in vogue for over four decades,should have been continuedas the cancellationof said policy was unjust and arbitrary. that the 8. Comingto Point no. 5 of the legalopinion of learnedASG, it may be appreciated Fed.eration did not proposedilution of educationalqualificationfor absorptionof Quasi Staff in GP 1800/-(PB-1). However,agerelaxationneedsto be granted,as is allowed in SC/STand OBC candidates. the caseof ex-servicemen,

t

9' In Board's le^t!1No. E(NG)IU2006/RR-4/3dated 06/08/2015, addressedto the General Secretaries of NFIR & AIRF, it was statedthat "Legal Directorateon the issuehasopined that in view of Supreme Court's_order, uny ,rh"re of regulariz-ationof persons irregularlyappointedearlieris permissibleas a one-time measu[ onty and thereshould be no further bypassing of the Constitutionalrequirement". In this connection,the Federationdesires the Railway to appreciate that the euasi Staff are being appointedby the Institutionsi.e. _Board Railwaytnsiiiutes,co-operativeiocieties, Recognized Unions etc' The Railway Institutesare hladed by the Raiiway officer of the rank of JA Grade as chairman and under his/her control the managing committee of Institute functions'In this connection,Para2208to2217ofIREM-vol. II (1990edition)may be referredto' So far as the Staff of recognizedunions are concemed,they are granted medical and"travel facilities by Raihvay Board which are equally allowed to those lhe workingin RailwayInstitutes,clubs, cooperativeSocieties etc. IREN,iprovisionsclearly indicate that the Quasi Staff are Railway related staff and not outsiders.Thus the Federation's contentionthatthe staffworkingin the QuasiAdministrativeUnitsare,,not irregularlyappointedstaff, is valid. 10'The Board had-laid down policy in the year 1977, recognizingthe fact that euasi A{ministrative Railway Staff are servingthe institutes etc., for the Welfare of Railway employees'So far as recognizedUnionsareconcerned, the RailwayBoardhad accorded approvalfor grantingmedicalpassfacilitiesto theirstaff with ceilingo1suchnumber. 11' The SupremeCourt's o1d9r stipulatesthat where iruegularappointmentsare made,such staff may be consideredfor absorptionif the personi huu"^prt in more than l0 years servicewithout break.In the instantcasereferredby the Federations,the appointments made were not irregular and the staff have been continuously working since several years' Therefore,their absorptionwould not fall foul of the intent and spirit of the judgmentof the Apex Court. 12' Summingup, NFIR requestsfor restorationand continuanceof the policy to facilitate absorptionof Quasi Administrativeunits/offices Staff (Railway Institutes,recognized unions,cooperativeSocietiesetc.,)againstvacancies in dp lg00'(pB_r). The above in-puts and points are. and large, in conformity with the spirit of legal opiniontenderedby the learnedASG (Shri !l Mohan parisaran). rr*{<****{<*x