Grant of parity to Stenographers working in field offices of the Indian Railways with those in Ministry of Railways & RBSSS
No.AIRF/405(VI CPC)(13) Dated: March 27, 2014
Sub: Grant of parity to Stenographers working in field offices of the Indian Railways with those in Ministry of Railways & RBSSS
Ref.: AIRF’s PNM Item No.26/2011 and DC/JCM item No.11/2011
The issue regarding grant of parity in grade pay and pay band to the Stenographers, working in the Zonal Railways, with those in the Ministry of Railways and Railway Board, is being deliberated with the Railway Board for quite some time and is also pending as AIRF’s PNM agenda item No.26/2011 and also figuring in the agenda of the DC/JCM Forum vide item No.11/2011.
In this connection, attention is also invited towards our protracted correspondence in the matter, wherein this issue has been elaborated in detail. It may be recalled that the VI CPC categorically recommended in the case of Stenographers as under:-
Paras 7.36.6 & 7.36.96 establish that the Railway Board and all other Railway Offices are working under one Ministry, i.e. Ministry of Railways, and it is amply clear that all the Railwaymen are governed by the IREM.
Paras 1.2.20(a to e) and 1.2.25 establish that upgradations have been restricted to the cases that were covered by any of the following conditions:-
(i) A distinct and established relativity had existed between different posts;
(ii) The posts were otherwise comparable on the basis of the functions, nature of job, qualifications prescribed, level of responsibility attached; and
(iii) Such relativity was disturbed at the time of or after the implementation of the recommendations of the last Central Pay Commission.
(d) Where identical or analogous posts discharging similar functions had been placed in two or more distinct Pay Scales.
Chapter 3.1 specific to Stenographers’ Cadre, being Common Category in the CSS and all other analogous Stenographer Cadres in the Ministries/non-participating Ministries/Departments/Organizations etc.(Paras 3.1.3, 3.1.9, 3.1.10, 3.1.11, 3.1.12, 3.1.14 etc.).
In nut-shell, 6th CPC, for Stenographers’ Cadre, has very aptly averred in the foregoing paras while establishing parity between CSSS and all other analogous Stenographers’ Cadres. Absolute parity up to Assistant level immediately and further recommended in Para 3.1.11 up to Grade Rs.14300-18300(GP Rs.7600) in CSS and all other analogous Stenographers Cadre in non-participating Ministries/Departments/Organizations by placing 15% posts of PPS/Sr.PPS in this grade.
MoF’s Notification with respect to 6th CPC has already placed Stenographers Grade Rs.5000-8000 in Grade Rs.6500-10500 as on 01.01.2006, keeping in view Para 3.1.14 of 6th CPC report, and, for further parity in the Stenographers’ Cadre of CSSS and all other analogous Stenographers’ Cadres in non-participating Ministries/Departments/Organization up to Grade Rs.14300-18300(GP Rs.7600), for which link Paras 1.2.20, 1.2.25, 7.36.6 and 7.36.92 with Chapter 3.1(exclusively for Stenographers’ Cadres) of 6th CPC Recommendations.
Since, Railway Board itself emphasize that Stenographers’ Cadre cannot be restructured, as the post of Stenographers is linked with the level of officers concerned. Thus, it is emphatically proved that the Railway officers are in identical/similar capacity either at Railway Board Office or Zonal Railways, also they are inter-changeable, hence, duties and responsibilities, functions, nature of job etc. of Secretarial Assistance cannot be different at Railway Board Office or Zonal Railways and are comparable.
It is regretfully point out that, in the Departmental Anomaly Committee (DAC) it was decided to issue orders in-house and agreed to by CRB, MS and FC, but unfortunately, till date no orders have been issued by the Railway Board. Now, the Zonal Railway Stenographers, in frustration, are pursuing the matter in the courts, this gives a sign of diminishing Industrial Relations on the part of Railway Board Administration.
Recently, CAT/Madras has delivered judgment dated 12.06.2012 in OA No.658/2010, by finding no difference between Private Secretary of CSSS & CAT and Private Secretary Grade II of the Zonal Railways, “direct to grant Grade Pay of Rs.4800 initially and Grade Pay Grade Pay Rs.5400 on completion of 4 years regular service in the cadre of Private Secretary Grade II with Gazetted status w.e.f. 01.01.2006”.
To sought remedy, the Railway Administration filed WP No.5393/2013 and MP No.1/2013 in the High Court of Madras, which was rejected on 26.03.2013 and subsequently filed SLP(Civil) No.19892/2013 and Review Petition(Civil) No.3202/2013 in Apex Court, which were rejected on 08.08.2013 and 28.01.2014 respectively.
Accordingly, Northern Railway Private Secretary GradeII (GP Rs.4600) got favourable judgment dated 12.03.2014 in OA No.871/2014 through the CAT/New Delhi on the basis of above judgement of the Hon’ble CAT/Madras, High Court of Madras and Apex Court. CAT/ New Delhi’s judgment has been forwarded to Railway Board by the General Manager, Northern Railway with favourable recommendations.
This federation brings out to the notice of the Railway Administration that, to avoid constitutional absurdity, the Apex Court has earlier delivered several judgments regarding benefit given to one should be extended to all similarly placed according to policy in exist, to avoid unnecessary litigation, wastage of time of the Courts and the State Exchequer.
Here it is pertinent to mention that, despite congruence in Stenographers’ Cadres over the Indian Railways in all respects, different or less remuneration for similar work, is a constitutional absurdity.
AIRF has been persistently pursuing the issue of parity in Stenographers’ Cadre, but unfortunately, despite several assurances from the Railway Board, no fruitful decision has been arrived in the matter till today. Since this is a genuine demand, lurching for substantially long period of time is a constitutional absurdity. To maintain good industrial relations, acts and omissions committed by the Administrations should not be of humiliating.
Hence, in the interest of natural justice, AIRF demands immediate orders for absolute parity in Stenographers’ Cadre, irrespective of Railway Offices, without referring the matter to DoP&T or MoF.