Review of Fixation of Pay of Loco & Traffic Running Staff on medical de-categorization

LNo SUR/LTRS/De-Cate.                                 Date: 01-08-2011

General Secretary,

NRMU, Matunga

Respected comrade,

Subject: Review of Fixation of Pay of Loco & Traffic Running Staff on medical de-categorization to the extent of new pay structure of 6CPC

Reference: Rly Bd’s LNo. E(NG)I-2008/RE-3/4 dated 11-07-2011

Here are the suggestions in reference to above subject,

1. Running Allowance 30% to be added to his basic pay ie pay in running pay band+ grade pay + additional allowance (if any)

2. Comparative stationary Post may be given as below. But grade pay must be given by adding 30% RA as below. Grade pay of higher pay band can be permitted as being permitted to those promoted under MACP. Moreover stagnation also eliminated & higher grade has been permitted. In 6CPC pay structure grades were replaced by grade pay. Now posts are being distinguished not only by running pay band but also by grade pay. Hence while allotting new grade pay to medical de-categorized running staff 30% RA (PAY ELEMENTS) to be allowed on grade pay also. Which will protect our integrated seniority also.

Moreover as per Para 1307 of IREM, 1989 Edition In the case of running staff the former emoluments for the purpose of comparison and identifying equivalent posts will be basic pay plus a percentage of such pay in lieu of running allowance, as may be in force.

As per L.No. E (NG) II/77/RE 3-2 dated 02.09.1977 In Board’s letter No. E (NG) II/69/RE3/5 dated 18.12.1969 it was laid down that medically incapacitated staff should not be absorbed in higher scales and that in the case of running staff the comparison should be made between the scales of pay only and the element of Running Allowance should not be taken into account. The Board have reconsidered the matter and it has now been decided that 30% should be added to the minimum as well as maximum of the scale of pay of the running staff for purposes of identifying “equivalent” posts also. Again Rly Bd modified it vide L. No. E (NG) II-79-RE 3/5 dated 14.06.1979 & L.No. E (NG) I-80 SR-6/83 dated 03.03.1981 and permitted retrospective effect wef 1-1-73.

Gr Pay Running Cadre	after adding 30%	Stationary Post of PB-1/PB-2 may be allotted after de-categorization in nearest higher grade pay as below	But following Grade Pay must be allotted
1900	2470	2800	2800
2000	2600	2800	2800
2400	3120	4200	4200
2800	3640	4200	4200
4200	5460	4600	6600
4600	5980	4800	6600

3. Causes of medical de-categorization: Causes, which lead to medical de-categorization, in following 4 groups: —

(i). De-categorization arising out of natural causes such as ageing process, deterioration of visual acuity including colour perception in the ordinary course;

(ii). De-categorization arising out of injuries received owing to negligence of an employee himself or de-categorization arising out of lack of personal hygiene, want of ordinary care in regard to health by the employee or arising out of his/ her various habits such as addiction to drinks, drugs, smoke etc., and arising out of failure to take ordinary and proper precautions in performance of duties by the employee;

(iii). De-categorization arising out of accidents arising out of and in the course of employment;

(iv). De-categorization arising out of contraction of an occupational disease, disease peculiar to the service in which duties are performed. This will comprise of cases of those persons who will be covered by the occupational disease specified in Paras - A, B or C of Schedule-III to the Workmen’s Compensation Act, 1923. Cases in which Railway employees contract dermatitis m the course of their handling diesel and other mineral oil also would be treated as occupational disease for the purpose of these orders;

(v). De-categorization arising out of accidental injuries received owing to willful act or negligence of a co-employee; and

(vi). De-categorization directly arising out of breach of any provision of law or statutory rules by the Railway Administration.

[No. 781E(RLT) 14 dated 22.06.1979, 78/E (RLT)/4 dated 18.07.1980 and E (NG) I/86/RE 3/5 dated 20.11.1986]

4. Classification of medical de-categorization:

The Railway servant declared medically unfitted/de-categorized as per Para 1302 of IREM, 1989 Edition has been classified in two categories: —

I. Those completely incapacitated for further service in any post on the Railway i.e. those who cannot be declared tit even in the “C” medical category; and

II. Those incapacitated for further service in the post they are holding but declared fit in lower medical category and eligible for retention in service in posts corresponding to the lower medical category.

5. Fixation of pay of medically de-categorized staff:

5.1. The pay of a Railway servant who is medically de-categorized and absorbed in an alternative appointment will be fixed at a stage corresponding to the pay drawn in the post held in the parent department. If there is no such stage in the post in which he/she is absorbed, he/she is to be given the stage below the pay previously drawn by him/her.

5.2.In the case of running staff, the last pay drawn in the parent cadre + percentage of this pay in lieu of the running allowance which is 30% at present is also protected. It is, however, subject to the condition that the employee is not entitled to a pay more than maximum of the absorbing grade though he might be drawing more pay in his parent department, if de-categorization had arisen on account of the’ causes mentioned in para 3(i) and 3(ii). However, if the medical de-categorization has arisen due to the causes mentioned in para 3 (iii), 3 (iv), 3 (v) and 3 (vi), the pay of the de-categorized employee (in the case of running staff, pay + percentage of pay treated as emoluments in lieu of the running allowance) should be protected in the absorbing grade and if it exceeds the maximum of the absorbing grade, the difference will be allowed as personal pay to be absorbed in future increase(s) in pay.

5.3.The pay of the medically de-categorized employees (in the case of running staff pay + 30% of pay in lieu of running allowance) falling under Groups (iii) to (vi) of para 3 above, and not in Group (i) & (ii) of the same para should be protected fully in the absorbing grade and if it exceeds the maximum of the absorbing grade, the difference will be permitted as personal pay to be absorbed in future increases.

5.4. If before medical de-categorization an employee is empanelled or trade tested and if the panel or trade test list is valid even at the time of de-categorization and vacancy arises in the parent department whilst the panel or the list is still in force, the de-categorized employee must be considered for giving him the benefit of promotion which he would have received but for his de-categorization subject to the following conditions:

a). The benefit will be admissible only in cases where the medical de-categorization is owing to:

(i). Accidents, which arose out of and in the course of employment,

(ii). Accidental injuries received due to willful act or negligence of co-employee.

b). The benefit will be admissible only if the relevant panel (in the case of selection posts) or suitability list (in the case of non-selection posts) including posts filled through trade test is valid on the date from which the benefit is due.

c). The benefit will be limited only to the initial fixation of pay in the higher posts; no subsequent incremental benefit will be admissible.

5.5. In the case of Railway servant who may be undergoing the punishment for stoppage of increment without cumulative effect at the time of medical de-categorization, pay fixed at a lower rate in the alternative employment, should be allowed to draw increment in the alternative post from the date from which he/she would draw his/her increment in the old post on withdrawal of the punishment. [Para 304 of IRE Code Vol. 1/1985; para 1313 of IREM/1989; Board’s letters No. E (NG) I1/70/RE 3/2 dated 31.12.1970; 78/E (RLT)/4 dated 22.06.1979; 78 E (RLT)/4 dated 18.07.1986; E (NG) 1/86/RE 3/3 dated 09.04.1986; E (NG) I/86/RE 3/5 dated 20.11.1986 and E (LR) II/85/RLT/1 dated 21.1.1985]

6. Railway Labour Tribunal, 1971 - Recommendations regarding medically de-categorized Railway employees. Accepted by Rly Bd & implemented vide L.No. 781EIRLT14 dated 22.06.1979

The Railway Labour Tribunal, 1971 was appointed by the Ministry of Railways under the P.N.M. and five issues, on which agreement could not be reached between the Railway Board and the A.I.R.F., were referred to it. The first term of reference, was as follows: —

“All Categories of staff including Running Staff, who are disqualified for their duties as the prescribed periodical medical examinations or other medical examinations should be provided alternative appointments with all their emoluments, i.e. Pay, Dearness Allowance, and Running Allowance to be protected. Their promotion prospects should also be ensured.”

In reference RLT’s para 8(a), 8(b) & 8(c) regarding method of pay fixation, It has now been decided that the pay of the de-categorized employee (in the case of running staff, pay plus the percentage of pay treated as emoluments (in lieu of running allowance in terms of Rule 152-RI) should be protected in the absorbing grade and if it exceeds the maximum of the absorbing grade, the difference may be allowed as personal pay to be ab­sorbed in future increase/increases in pay. It has, however, been decided in modification of the Tribunal’s recommendations made in para (3) (b) that the other allowances such as dearness allowance, city compensatory allowance and house rent allowance drawn by a medically de-categorized employee should be allowed on pay plus personal pay as admissible in the absorbing grade.

Hence it is demanded that consequential benefits of CCA cum Transportation Allowance (TPTG), Additional Allowance and 30% RA thereon to be allowed to medical de-categorized running staff.

7. For LARSGESS if medical de-categorized loco running staff refuses or otherwise seek VR subject to appointment of his son, then he should be permitted the benefit of 5 years additional service As per Rly Bd’s L No. PC III (73) Med/2 dated 24.01.1975

Para 3. The Board have in partial modification of the extant rules, further decided that in the event of a pensionable medically unfitted/ de-categorized employee refusing to accept an alternative post offered to him, irrespective of whether such alternative post is considered suitable or not, or in the event of an alternative post nor being available, the employee may be allowed to retire on invalid pension subject to the other conditions/requirements of the rules being fulfilled. The Railway Board has also decided that in such cases.

(i) The service qualifying for retirement benefits should be enhanced by the addition of 5 years in all cases where the continuous qualifying service tendered is not less than fifteen years.

(ii) The resultant length of qualifying service after taking the aforesaid addition into account will in no case be more than the qualifying service the employee would have rendered had he retired on the due date of superannuation, and

(iii) The retirement benefits in such cases will be calculated in accordance with existing rules after taking into account the additional years of qualifying service mentioned above.

Para 4. The decision contained in Para 3 above has the sanction of the President and will take effect from 1st January 1975.

Which was subsequently modified vide L.No. PC-III (73) Med/2 dated 20.09.1975]

Reference Para 3 of Board’s letter of even Number dated 24.01.1975 on the above noted subject. The Board, in partial modification of the extant rules, have further decided that in the case of a Railway servant governed by the SRPF (Contributory) Rules, who is medically unfitted/ de-categorized and refuses to accept an alternative post offered to him, irrespective of whether such alternative post is considered suitable or not, or m the event of an alternative post not being available, the employee may be allowed to retire and mat in such a case the Special contribution of the Provident Fund account shall be calculated on the following scale subject to the condition mat he has rendered not less , man 15 years’ service which counts for such special contribution under the normal rules: —

(i) For the first 10 years of service 1/2 a month’s pay for each completed six monthly period of service; and

(ii) For the subsequent service at the normal rate as prescribed in rule 1314(3)(i) RI: subject to a maximum of 16½ months’ pay.

2. This has the sanction of the President and will take effect, from 01.01.1975.

8. Otherwise such medical de-categorized loco running staff may be permitted VRS under LARSGESS with 20 years’ service (like Trackmen of Rs.1800 GrPay) without condition of age group. And condition of education of ITI/Diploma may be relaxed so that wards may be permitted for appointment in any other eligible category.

9. 55% retirement benefit may be reduced to 30% likewise Loco Inspectors. Otherwise medical de-categorized running staff may lose pensionary benefit.

10. But in case of victim by terror attack, accident, public attack, duckait attack or stoning etc the 55% retirement benefit to be continued likewise military persons.

11. One increment 3% may be given for higher grade pay as taking higher responsibilities (if any) under Para 1313 (1) (a) (i) - R II of IREM, 1989 Edition.

12. Additional allowance also to be considered for pay fixation with 30% RA there on. Otherwise those junior promoted under MACP to Rs. 4600 Grade Pay bypassing the seniors who are in Rs. 4200 grade pay will lose pensionary benefit.

13. Illustrations:

Sr No	Pay in Running Pay Band	Grade Pay	Additional Allowance (if any)	30% of (a+b+c)	New Pay in Running Pay Band (a+c+d)	New Grade Pay
	a	b	c	d	e	f
1	12470	4200	500	5160	18130	6600
2	7950	1900	0	2960	10910	2800

1) LPPass/Guard MExp

• Presently Rs. 12470+ Rs. 4200+ Rs. 500= Rs. 14700
• 30% in Pay Elements Rs.5151 ie Rs. 5160
• Pay fixed in alternative post would be Rs. 18130+6600

2) ALP

• Presently Rs. 7950+ Rs. 1900 = Rs. 9850
• 30% in Pay Elements Rs.2955 ie Rs. 2960
• Pay fixed in alternative post would be Rs. 10910+2800

Thanking you.

Yours faithfully,

(S.M.Lokhande)

Secretary, LTRS

NRMU, Solapur

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