Press release of All India Station Masters’ Association (AISMA)
NEW DELHI
NDD/09
No: CEC50/PRESS/101/01
Dated: 22.09.2024
To
The Chief Editor
………………………………
PRESS RELEASE
Sir/Madam,
SUB: DAWN TO DUSK HUNGERFAST AT JANTAR MANDIR, NEWDELHI ON 16th OCTOBER 2024
- MACP w.e.f. 01/01/2016
- Night Duty Allowance to all Employees especially SMs in L8 & L9.
- Better scales of Cadre Restructuring and Gazetted rank.
- Designation Change.
- GRANT OF SAFETY/STRESS ALLOWANCE TO STATION MASTERS.
- Supervisory SS (SMR) Post at all Stations.
- Old Pension Scheme to all employees
- Inter Railway Transfer/ Inter Divisional Transfer etc
The Station Masters of Indian Railways under the aegis of All India Station Masters’ Association (AISMA) is organizing a DAWN TO DUSK HUNGERFAST by CENTRAL EXECUTIVE COMMITTEE MEMBERS on 16th OCTOBER 2024 MACP w.e.f. 01/01/2016, to Lift Ceiling on Night Duty Allowance & Denial of NDA to L8 & L9, Better scales for cadre restructuring and Gazetted rank, Designation Change, Settle the Stipend issue, Old Pension Scheme to all employees, Supervisory Post at all Stations, Inter Railway Transfer/ Inter Divisional Transfer etc. The HUNGERFAST will be observed by 150 CEC members from all over the country at JANTAR MANDIR, NEW DELHI and all the STATION MASTERS to WEAR DEMANDS BADGE through out NATION on the same day(16/10/24 from 00.00 hrs to 23.59 hrs). Therefore, this Association has decided to go for a show of strength and express our strong resentment against the jingoistic approach of the Railway Board. I am, further to state that there will not be any disruption to train services due to this Program in Railway.
We have detailed the demand of Station Masters and other employees and it is requested that wide coverage be given in your Media.
Thanking you sir
SECRETARY GENERAL
AISMA
Charter of Demands for the proposed Strike by ALL INDIA STATION MASTERS’ ASSOCIATION,
- EFFECT OF BENEFIT OF MERGER RECOMMENDED BY VII CPC IN MACP WEF 01.01.2016, INSTEAD OF 16.02.2018:
VII CPC in its report for Station Masters vide Para 11.40.55 recommended: “The Commission notes that 7 percent of the entire cadre is presently in GP 2800, 53 percent in GP 4200 and 40 percent in GP 4600. Keeping in mind the identical educational qualifications required for the posts of ASM and SM, with practically no difference in the functions performed by them, and the historical importance of the post, it is recommended that the ASMs in GP 2800 should first be upgraded to GP 4200 and then fitted in the revised Pay Matrix. The cadre will then have 60 percent posts in Level 6 and 40 percent in Level 7. The designation of ASM may be abolished. Separate recommendations have been made regarding Dress Allowance to Station Masters.” This was accepted and implemented vide order No. RBE 93/2016. This order has two schedules in Annexure A and Annexure B. Annexure B shows certain specific categories in Railway for whom upgradation of posts has been recommended by the VII CPC and approved by Government of India, which interalia includes Station Master’s. It is also stipulated that the revised pay structure will take effect from 01.01.2016. The schedule has the sanction of the President of India. Consequently the ASMs in GP 2800 as on 31.12.2015 were upgraded to GP 4200 and granted the replacement Pay Matrix Level 6. After this there could not have been any recruitment into the cadre of Station Masters in GP 2800 or Level 5. Vide order No. RBE 16/2020, the revised eligibility of MACP ignoring the promotions earned/upgradations granted in the merged Levels were notified. The benefit of merger would accrue with effect from the date of notification of the Recruitment Rules for the relevant post. Having obtained the Presidential sanction for the upgradation of initial recruitment grade in Station Masters’ cadre to Level 6 and the same being notified vide RBE 90/2016 and RBE 93/2016, there cannot be a later date for the date of notification of the Recruitment Rules, other than 01.01.2016, the date of taking effect of RBE 93/2016.
In RBE 22/2018 the Railway Board says “Consequent to the upgradation of the post of ASM and its merger with the post of Station Master along with functions by 7th CPC, the issue of change in staffing pattern of Station Masters was under consideration in Railway Board in consultation with both the Federations and Traffic Directorate of Railway Board, and it has now been decided that employees of Level 1 of Operating Department of Railways with 5 years of service may be made eligible to appear in 25% ‘General Selection’ quota.” This was notified on 16.02.2018 and is wrongly construed as date of notification of Recruitment Rules for the relevant post and hence the date of of effect of revised eligibility for MACP upgradations.
The phrase “consequent to the upgradation of the post of ASM and its merger with the post of Station Master along with functions” clearly spells out that the upgradation was a past event which took effect from 01.01.2016 as per RBE 93/2016. After this event in the time line, there cannot be a recruitment into the Level 5 grade which is non-exist in the cadre of Station Masters. If at all such a recruitment is done that would violate the Presidential promulgation mentioned in RBE 93/2016. The second phrase “the issue of change in staffing pattern of Station Masters was under consideration” Emphasizes that the issue under discussion was not a change of Recruitment Rules connected with the grade wise recruitment but only a change in the staffing pattern. Staffing pattern is far different from Recruitment Rules and both cannot be equated to deny any benefit to the members of the cadre. Thirdly the output or operative part of the above letter “it has now been decided that employees of Level 1 of Operating Department of Railways with 5 years’ service may be made eligible to appear in 25% ‘General Selection’ quota” is just an inclusion of a specific section of employees for appearing for selection to the initial recruitment grade of Station Masters (which was already been upgraded to Level 6 with effect from 01.01.2016 as per RBE 93/2016.) Therefore the letter dated 16.02.2018 doesn’t qualify to be the notification of change of Recruitment Rules in the cadre of Station Masters and connecting this date to the effective date of benefit of merger is a bad reading of law and violation of an order issued under sanction of the President. The RBE 22/2018 is connected to the recruitment in the cadre of SMs only pertaining to 25% ‘General Selection’ quota. Therefore, assuming but not accepting that RBE 22/2018 is a ‘notification of Recruitment Rules’, the fact that it is applicable for only 25% of the employees should refrain the Railway Board from denying the revised MACP upgradation eligibility to the remaining 75% employees from 01.01.2016.
The Gazette of India, No.525 dated 28th July 2016 (RBE No. 90/2016), it was mentioned that in exercise of the powers conferred by the proviso to article 309 of the Constitution, The President of India has made the following rules – They shall be deemed to have come into force on the 1st day of January, 2016. Also there is an earlier communication from the Railway Board to all the General Managers (No. E(NG)II/2016/RC1/CR/28 dated 20.03.2017) to adopt the criteria/procedure for selection for appointment as ASM as applicable for similarly placed categories of GP 4200. This also means that the recruitment rules are amended not by any special orders of Railway Board but by the Gazette notification issued under proviso to article 309 by the President. Therefore, fixing the eligibility for revised MACP upgradations from 16.02.2018 is wrong in the light of Presidential Orders under Article 309 of the Constitution and the benefit should be extended with effect from 01.01.2016, which is the date of effect of the above Orders.
Therefore, while the adoption of DOPT guidelines under RBE 16/2020 was correct the specific mention of a date in RBE 26/2020 was not correct or proper for reasons explained above. Hence there is no locus standi for evoking the above DoPT provision for Station Masters in view of the fact that the Railway Board, under Rule No.123 of IREC Vol.I, have full power to make rules of general application to Group C & Group D railway servants under their control.
Therefore, it is not legally or morally correct to restrict the benefit of merger as mentioned in RBE 26/2020 with effect from 16.02.2018. The benefit of merger should be from 01.01.2016 and should be granted so for Station Masters.
- Denial and Ceiling for entitlement of Night Duty Allowance:
The NDA eligibility with ceiling of basic pay at Rs 43600/- is a violation of Justice Miabhoy Tribunal 1969 award. RB cannot supersede its 1989 order which was in line with Railways Act, 1989 by which not only the IV CPC had imposed ceiling of Rs 2200/- as entitlement basic pay was made not applicable to Railway employees but also enabled to uphold award pronounced by Justice Miabhoy Tribunal, which gave way for NDA for all the Railway employees performing night duty without any ceiling.
NDA to the Station Masters and other Railway men are paid as per the award of Justice Miabhoy Tribunal 1969 and even the VII CPC as per para 8.17.72 mentioned about it very clear that its recommendations were based on the Justice Miabhoy Tribunal and vide para 8.17.71 to 8.17.77 and recommended NDA with formula. Railway Board had also accepted the recommendations of VII CPC on NDA via RBE 36/2018 dt 08/03/2018 and issued order for revision of NDA with effect from 01/07/2017 for all the Non-Gazetted Railway Servants, irrespective of their pay classified under chapter XIV of Railway Act 1989; those classified under intensive, continuous, and EI are eligible for NDA.
We, the Station Masters and other Railway men are working round the clock, including night hours which is strenuous and against the nature. The rider which restricts the basic pay to Rs.43600 per month for calculating NDA rate and denied NDA to Level 8 and Level 9 SMs are discriminatory and arbitrary and therefore it is humbly requested that the ceiling of basic pay fixed at Rs. 43,600/- for entitlement of Night Duty Allowance and denial of NDA to Level8 & Level9 SMs be withdrawn immediately.
- CADRE RE- STRUCTURE WITH GAZETTED RANK:
Over the years the importance of the cadre of Station Masters and the pivotal role played by the Station Masters in ensuring safety and efficiency of operations has gone unnoticed. The idea of strengthening the administration in the field level and decentralisation of powers to unit level managers gained momentum. Stations are the basic single unit of activity and administration on Indian Railways. Station Masters are the sole regulator of these activities at this level and entrusted with duties to ensure rhythmic resonance to ensure highest level of efficiency and safety. All the departments functioning in the station come under the direct supervision of the Station Master. This is designed so in the rules and procedures to ensure that the operating ratio is kept at the optimum minimum value.
Station Masters are unable to exert the supervisory control over the staff of other subordinate departments as the grade and status of the supervisor Station Masters and the supervised supporting departments’ staff are same. The general principle of placing the ‘Supervisor above the Supervised’ is not observed here in letter and spirit. The Level 6 of VII CPC grades being common entry grade/highly available grade in the supervised cadres, Station Masters are eligible to be placed in the entry level of Level 7 of VII CPC scales. But this Level 6 grade may be retained at 40% in view of the heavy exchequer involved.
Lack of higher grades in the hierarchy of the cadre deny due promotions to the incumbents. For a reasonably adequate number of promotions in the average service span of 25 years, a minimum 5 different grades are required in a cadre. The avenue of promotion of Station Masters to Group B scales is very meagre with only single digit vacancies being notified in each zone for one recruitment period of two years. It may be appreciated that Station Masters cadre was having 5 or more grades prior to VI CPC. The percentage distribution should also be designed in a way to give the structure of a bi-pyramid to the cadre with least percentages for the initial and apex levels.
Therefore this Association demands that the structure of cadre of Station Masters of Indian Railways shall be:
This will also ensure that the present posting of Station Directors can be accommodated from the strength of Station Masters and can be extended to more number of Stations over IR for quick decision making with rational and matured thought process. The example of Chennai Central Station where the duties of Station Director in JA Grade is being looked after by a Group C Station Manager effectively for the past two years should open the eyes of the Railway Administration and should be extended to all over IR in view of efficiency and economy of the system.In Central government all the grades in Level 8 and above are in Gazetted rank but in Railway it is Non Gazetted so it is discriminatory and denial of the gazetted rank to the employees in the Level 8 and above. So we demand to the Administration that those who are in level 8 and above to be granted Gazetted rank.
- Designation Change:
Station Superintendent, though conventionally addressed as Station Manager / Dy. Station Manager, officially the designation still marked is ‘Station Superintendent’. In this regard we wish to inform you that many Group ‘C’ designations too have changed, like Train Drivers as Loco Pilots, Gang man as Track Man ,SCP as Points Man and the last one Train Guard as Train Manager. But our 7th CPC abolished designation of Assistant Station Master is still using in some circulars.
Therefore it has become imperative for the efficiency and economy of the system as well as to keep up the morale of the field level managers of IR, that the cadre of Station Masters be restructured with revised designation OF STATION SUPERINTENDENT as STATION MANAGER and STATION DIRECTOR.
- GRANT OF SAFETY/STRESS ALLOWANCE TO STATION MASTERS:
Indian Railways, our nation’s prime carrier of People and Goods guarantees Safe and Punctual running of Trains. The word SAFETY includes from granting Line Clear for a train by a Station Master to till the safe arrival at his/her station and further safe departure from his/her station and finally safely reaching at the next station. Station Master is the final authority to ensure Safety. Moreover, during the failure of the train signalling equipment Station Master has to safely run trains in accordance with rules in force with manual intervention and written assurances. Justice Shankar Saran in the year 1961 observed that the train passing is in itself a duty of grave responsibility and heavy mental strain, so much so that a slight mistake may cause disastrous consequences. The stress levels of Station Masters working in stations have been beyond the tolerable levels of human experience. The payment of Safety and Stress Allowance to Station Masters is an equally justified demand and should be conceded at the earliest.
Following illustrates the special allowance given to the staff for performing their duties whereas the Station Masters are not bestowed with any special allowance for ensuring Safety and being subjected to Stress. Last Strike notice on 31/05/22 and thereafter the conciliatory authority with approval of Railway Board it is recommended to Risk and Hardship Allowance Committee but still there is no progress in this case.
- Posting of supervisory SS (STATION MANAGER) at all Stations:
The increase in higher grade during restructuring orders of 1983, 1993, 2003 and 2013 did not increase the number of supervisors in SM cadre. The supervisory posts increased exponentially in many departments like Accounts, Personnel and Commercial etc. The work load and responsibilities of Station Master working at Major and busy stations have increased manifolds. Thus, it becomes essential to post in charge SM at all the major and busy stations. It is further submitted that , in Railway at many stations Commercial Supervisor in GP 4600 who are subordinate to In-Charge SS (in GP 4600), is having an average of 6 commercial staff under his control has only supervisory duties. Whereas the In-Charge SS would be having an average of 15-25 staff as subordinates (including commercial supervisors) is left to remain non-supervisory and continues to do shift-duties like other Station Masters and toiling hard to fulfill supervisory responsibilities. This is an ironical situation to which Railway Administration has been turning a blind eye despite our numerous representations. It is having a demoralizing effect on the cadre of Station Superintendents. In no other departments, an employee who enters the service with a degree qualification is condemned to perform roster duties and night duties even after the age of 45-50 years except the Station Masters. Railway administration has to put an end to this discrimination.
- Restore Old Pension Scheme:
The NPS and newly introduced UPS have made the Railway employees miserable and unequal among themselves. Employees retiring under these two different pension schemes are placed at uneven positions in terms of social security and right to property. NPS/UPS was brought in with much fanfare and employees were made to join that under compulsion. NPS is the only scheme which was objected by the entire gamut of employees including those not covered by it. Recently there have been many modifications to the scheme but still the NPS/UPS are not attractive in the hands of the employees. Railway employees in particular has been continuously demanding scrapping of NPS and switching over to Statutory pension scheme for them on par with Defence Personnel. This may be considered at the earliest.
- Expedite Inter Divisional Transfer / Inter Railway Transfer request on priority:
Railway Board had identified transfer as the single most prevalent grievance of railway employees. Out of compulsion of earning a livelihood people migrate and those who are appointed in far off Divisions and Railways live with the hope of a transfer to their native place. Indian values emphasis the importance of being with our parents in their times of trouble and dependence. Upholding these values and to fulfill their filial duties, railway employees request for transfer to their home town, inter divisional or inter railway. Ignoring this request of the employee for a long time will create an unfavorable condition in the field level and may at times prove unsafe in railways. Considering the emotional urgencies involved steps may be initiated to expedite Inter Railway and Inter Divisional transfer requests.
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Thanking you sir
SECRETARY
AISMA