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Governmentof !.-ndia Ministry of Railways (Railway Board)

No. 2016lE(LR)iI/1/13

NewDethi,d-xeag{yt I .20I 6 /t-

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The GeneralSecretary, Ali India RailwaymensFederations, 4, StateEntryRoad, NewDehi-110055.

rZhe GeneralSecretary, NationaiFederationof indian Railwayrnen, 3, ChelmsfordRoad, NewDelhi-110055.

DearSirs, sub.: charter of demandsdiscussed by the Federation,*ithd Board on2l and2}ndJuly,20l6 -regarding ?k'r tr

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The undersigned is directedto refer to letterNo. IV95lPartN,'datedzg.0g,20i6from Ggneral_Secretaries of both Federations(AIRF & NFIR), addreimdto:rghairman, RailwayBoard on the abo'rementionedsubjectand to encloseremarksd t|i$ Ministry on tfrr RailwaySpecific Issues raisedtherein. & \, \".' /r:*tu1uF" '

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Yoursfaithfully,

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I- n [Vu "a4 n.Afitv-G.tt,ib

Kumar) Qt{aveen Dy. Director,E(LR)-I

D.A.:As above.

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to lhe GeneralSecrettrieso./aflitiatedUnionsrtf NFIR' Ir ma.Vbe \ Cop.ytogetlter" wilh enclosures is.forwoulerl ilXarli7s; cout'ier the points'Theofliliatesma'\tttlsosenrllheir ''t" sltttll ,r,itrb6' ltederotiort noted th0l the ,,n' '/\ I !/ Prf\ C/: M r:lia Cetrl re/N I: I R,

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Et"Io.u"" to l.tt". No. 20168(LR)IV1I13 dut.d 24.11.2016 Railwav Specific issuesraised bv both Federations (AIRIT & NFIR) vis-i-vis remarks thereon receivedfrom concOrnedDirectorate. S. No. I

2.

Demands

Remarks

Scrap New Pension Scheme In responseto Hon'ble Minister for Railways, O.O. I (NPS) and restoreOld Pension lletter dated 20.11.2015 regarding exemption of Schemeto be made applicable Railway employeesappointedon or after 01.01.2004 I to those Railway employees from the purview of National pension System(NpS), I employed on and after Hon'ble Minister of Finance and Corporate Affairs I 01.01.2004as recommended by I vide his D.O. letter dated 06.09.2016has statedthat Hon'ble MRs. the decision of the Government to introduce NpS in I I caseof Central Governmentemployeesjoining on or lafter 01.0I.2004, was in view of the rising and unsustainablepension bill and this rationale continues to hold good. As the Railway employeesconstitute the bulk of Central Government civil employees,their exemption from NPS would not only defeat the purpose of NPS but would also generate similar demands from the remaining categories of Central Government employees, which would not be desirable.It has further beenintimatedby the Hon,ble Minister of Finance and Corporate Affairs that on the suggestion of the 7tn Central pay Commission for streamliningthe implementationof NpS, the Cabinet in its meeting held on 29.06.2016 decided that a Committee comprising Secretariesof Department of Personnel& Training, Financial Servicesand pension & Pensioners' Welfare be constituted to suggest measuresfor streamlining the implementation of the NPS. Improvement of Pay Band and Seventh CPC before submitting its recommendations Grade Pay of various have consideredthe existinganomaliesand demandfo'r categories. up-gradation ofexisting pay scalesreceivedfrom various stakeholders.SeventhCPC in its recommendations have dispensedwith the existing system of pay bands and gradepay under6thCPC and a new pay matrix hasbeen designedin the 7th CpC. No new scaleshave been created and all the existing pay scales have been subsumedin the pay matrix. In the new pay Matrix, the pay scales of certain categoriesof Indian Railways, Assistant Station Masters, Traffic Assistant/N4eiro Railways, Dieticians, Perfusionists, Chemical and Metallurgical Assistant, Chemical & Metallurgical Supdt.and AssistantChemicalMetallureistshave been upgradedby the 7thCpC. The upgradedpay structurerecommendedby 7thCpC havebeenacceptedand notifiedvide Board,sletterRBE No. 9312016 (F.No. PC-VII/2016/RSRP/2 dated 02.08:2016)for all categoriesexcept Chemical & Metallurgical Assistant, Chemist & Metallurgical Supdt. and Assistant Chemist and Metallursists and 1

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Section Officers of Accounts Department which have been referred to Committee Headed by Secretary/DoP&T for taking a comprehensiveview, The Committee is yet to submit its recommendations to Govt. of India. Up-gradationof Apex Group The proposal for up-gradation of certain 'C' poststo Group'B' Gazetted.percentagesof the posts from apex Group 'C' scaleto Group 'B' Gazetted was submiued to Ministry of Finance,which has been returned by them with advice to review the proposal in the light of the notification issued for implementation of 7th CPC's recommendations.Accordingly, the proposalis under processin Board's office for sendinethe reply to MoF. Settle Running Staff issues The last meeting of the Joint Committee to referred to Joint Committee. deliberate on the issues of running staff was held on 06.09.2016and the minutes are under finalization. Stepping up of pay of Loco The Federations in their letter dated Inspectorq inducted prior to 28.04.2016are referring to a special Board meeting 01.01.2006.(Refer joint letter held on 07-02-2016 between the Board and the dated 28.04.2016\. Federations.One of the item was regarding stepping up of pay of Loco Inspectorsappointedprior to 01-012006 w.r.t. their juniors appointed after 01-01-2006. The minutes on the item was recordedas under:"As regards the issueof Loco Inspectors,the 6 (six) zonesviz., Central, South Central, WCR,ECoR, NWR and NE Railway may also implementwithout delay". In this regard, it is stated that vide Board's letter No. E(P&A)IV2008/RS-37 dated 24.07.2009 orders on steppingup of pay have been issuedto all the zonal railways for uniform implementation only on fulfilling the conditions stipulated therein. The conditions stipulated in the Board's letter dated 24.07.2009 has been reiterated to all the zonal railways time and again. Therefore, it may be seen that the benefit of stepping up of pay to such Loco Inspectors was to be implemented uniformly all over the Indian Railways. This position was informed to both the Federations vide Board's letter no. E(P&A)IV2008/RS-37 dated 10.06.20T4.It may be mentioned here that some of the zonal railways had granted stepping up of pay erroneously without fulfilling the conditions, however they have taken necessaryremedialactions. It seems that the Federations are referring to the enoneous stepping up of pay to such Loco Inspectorsforgoing the conditions of steppingup of pay and demandingto make it valid all over the Indian Railways. This is not feasible for acceptancebecause the conditions of stepping up of pay are prescribedby the DoPT, Ministry of Finance and are also mentioned in th'e IREC, Vol.-il and the RS(RP) Rules 2006.

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Mtrlistty of Rait*ays cannot forgo the conditions of I steppingup of pay. I I Many court caseshave been filed at different I levels seeking stepping up of pay in dilution of the I conditions. In one SLP matter (SLP[C] 590112013),I the Hon'ble SupremeCourt dismissedthe SLP vide I their order dt.11.2.2014without going into the merits l of the case and leaving open the question of law concerningthe interpretation of the relevant Rules. There was another batch of 5 SLPs filed before the Hon'ble Supreme Court which were tagged together. The lead case being SLP No. 456812014 UOI vs. V.Murugesan and others. These SLPs were dismissedby the Hon'ble SupremeCourt vide order dt. 23.02.2016without discussingthe merits of the case. Also, the Rules and Codal provisionsgoverning the policy of stepping up of pay of Loco Inspectors were not struck down. Therefore, review petitions were filed before the Hon'ble SupremeCourt. Review petition in one of the case namely SLP No. 3365412014UOI vs. K. S. Rajendra and others has beendismissedby the Hon'ble SupremeCourt. It was decided to implement the directions of the Court in this particular case ad personam because the Rules governing the steppingup of pay have not been struck down by the Courts. The other four review petitions are still pending before the Hon'ble SupremeCourt of India.

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from the above,it is evidentthat steppingup I I of pay is admissiblesubjectto fulfillmentof specified I conditionswhich is uniformly applicableto all the I zonalrailwavs. 6.

It is stated that Productivity Linked Bonus is Removal of salary calculation ceiling for ensuring payment of paid on the Railways in accordancewith the scheme of Productivity Linked Bonus arrived at in PLB on actualwages. consultation with the recognised Federations and approval of the Government. The computation ceiling for payment of Productivity Linked Bonus has been enhancedfrom {3500/-p.m. to t70001 p.m. w.e.f' 01.04.2014by the Ministry of Finance, which is the nodal Ministry and this ceiling is applicable to all Ministries/ Departments of the Central Government. Ministry of Railways cannot unilaterally take a decision in the matter. At present, all non-gazettedstaff of the Indian Railways are eligible for PLB who belong to erstwhile 'B'. In Group 'D','C' and somecategoriesof Group the,seventh CPC pay structure they draw their pay in Level I to 7 in the Pay Matrix correspondingto Grade Pays of < 1800, 1900, 2000, 2400,2800, 4200 and

4600. If the wage computationceiling is removedfo\ calculationof PLB, each eligible employeewould be I getting PLB as per his basic pay including DearnessI Allowance which would be different for each I employee. For roughly estimating the average basic pay of all the non-gazettedstaff, the average of the mean of Levels I to 7 in the Pay Matrix comesto {58,000. For the financial year 2015-16, PLB was paid for 78 days and the maximum amount payable was {17,951 per employee to 12,59,380 number of eligible employees having a financial implication of <2090.96crores. If the averagebasic pay is taken as {58,000 the amount of PLB for 78 days would come to {1,48,734 per employee. The financial implication for 12,59,380number of eligible employees would amountto {18,731.26 crores. Therefore,the financial implication would increase approximately 9 folds from {2090.96croresto {18.731.26crores.

7.

Duty hours of all categories of Railwaymen should not be more than 07 hours, including duty hours of Loco & Traffrc Running Staff from "signing on" to "signing off'.

8.

Grant of parity in case of Railway Stenographers with those working in Central SecretariatServices.

From the above, it may be seen that it is not feasible to remove the wage calculation ceiling for PLB. Traditionally, the wage calculation ceiling has been kept in line with the wage calculation ceiling prescribed in 'The Payment of Bonus Act-1965', therefore it is not possible to go beyond the wage 'The Payment of calculation ceiling prescribed in BonusAct-1965'. The working hours of railway employeeson Railways are regulated as per the provisions contained in Railways Act, 1989 and the Railway Servants(Hours of Work & Period of Rest) Rules, 2005. Classification is determined on the basis of period of action and strenuous nature of work involved as revealed after job analysis. Classification once assigned to an employeeis not permanent. Even in one categoryof staff different classification may be assignedkeeping in view the workload in each post. Further, under Rule 3 of the Railway Servants (Hours of Work & Period of Rest) Rules, 2005, the Head of the Railway Administration is the prescribed authority to decide the workins hours/ classification,etc. The revised pay . structure based on the recommendationsof 6'n Central Pay Commission as aeceptedby the Govt. had already been implemented Further for the Stenographers in Railways. improvement made by the Government for placement of all postsin pre-revisedpay scaleof t 6500-10500 in GP <4600 instead of GP < 42001-had also been implemented for the category of Stenographers. Ministry of Finance has not agreed for any further improvements in the pay structure of Stenographersof

Ensureparity in pay structure rrcrcr field offices orrlces (Zonal Raih^/ays). \Lonal Rarlways).

and promotional scope for Common categories with those working in the Central Secretariat/Ministries.

7u' Central puy Commission has also gone in to the matters related to qay package as available to various categories of Central Government employees (including Stenographersof Railways). The rwised pay structur! as accepted by the Government has already been implemented. Further, the issue of granting parity with their counterparts in Head euarter Serviies is

Induct Course Completecl Act Engagement of Course -ompleted--Act Apprentices against safety Apprentice as Substitutes in Group .D, post is within vacanciesas substitutes. General Manager's powers. They are engaged in Railway only in exigencies of service, where the normal process of filling up of regular vacancies is delayed. 2. Further, instructions have been issued from E(NG) Directorate vide Board's letter No. E(l{G)Iy2O16lRR-t/8 dated 21.06.2016where it has been decidedby the Board that20%oof the vacancies in caseof direct recruitmentto post/categoriesin pay Band-l of t 5200-202001-having Grade pay of t 1800/- shall be filled giving pr.f"r.nce to Course Completed Act Apprentices trained in Railway Establishments and possessing National Apprenticeship certificate in view of amendment in Section22 of the ApprenticeAct, 1961.

Absorption of quasi As per policy formulatedby@ administrative units/offices in 1977 {Board'sletterNo. E(NG)III_77IRR1/5 dated staffagainstGPtI800/- (pB-1) 26.8.1977, staff of quasi administrative offices attached to the railways like the Co_operative Societies, Canteens, Institutes etc., could be considerate for absorption on the railways in Group 'D' along with casual labour/substitutes without having to go through the process of open market recruitment.It would be prudent to mention here that unlike casual labours, euasi administrative wer-enot employed by Railways for any work ltaff but by office bearers of the organizations on their own without laid down criteria for recruitment/payment and Railway's permission.

Policy for absorption in Railways was, ? however, reviewed and it was clecided that these persons (Quasi administrative Staffl will have to compete along with other eligible applicants against notification for recruitment to posts-zuitable to their qualification {Board's letter No. E(NG)IV95/RR_1/40 dated 11.6.1997. Only concessionextendedto the staff of such offices is relaxation in upper age limit to the extent of 5 years or service ,"nA...J in such offices, whichever is less. This decision was perhaps taken owing to the fact that the intake of casuailabour was bannedwith effect from3.9.1996.

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2.I Pursuantto issue of letter dated ll'6.1997 l\ federations raised issue of sudden stoppage of I of staff of quasi administrativeI screening/absorption offices and demandedthat all those staff of quasiI administrativeorganizationwho were working as on I for absorptionas was I shouldbe considered 10.6.1997 beingdonetill 10.6.1997. I I 2.2 After detaileddeliberations,it wasdecidedthat I all thosestaff of quasiadministrativeofficeswho were I on ro11on 10.6.1997(the date of withdrawl of I rcgularizationinstructions)would be consideredfor I absorptionas a one-timerelaxationand accordinglyI was I dated30.5.2000 letterNo. E(NG)-IV99/RR-1/15 were to be screened issued. As per this letterthe staff I and regularizedsubject to fulfillment of following I conditions:I D they should be on roll continuouslyfor a I periodof at leastthreeyearsason 10.6.97; I theyshouldbe still on roll; and I ii) they shouldfulfill the prescribededucationalI qualification for recruitmentto Group 'D' I posts and should have been engagedwithin I age-limits. theprescribed I NOTE: Conditionof threeyear serviceswas waived dated of vide letter No. E(NGXV99/RR-1/154/ol.II

3.s.2006. The main demand of the federation is that the 3. cut-off date of 10.6.1997,as a one-timerelaxation,be modified facilitating absorption of the candidateswho were on roll subsequentto 10.6.1997especiallyup to 30.5.2000 (the date when one-time exception was given to absorb the staff, who were working on 10.6.1997). Once the power of engagementof casual labour were withdrawn from General Managers as a corollary, it was also decided to stop absorption of quasi-administrativestaff who were being engagedby office bearers of these organizationswithout General Managers' approval and got a back door entry in the railways. Perusal of old record shows that original demand of federation was for screening of persons with three year service before 11.6.1997which was concededin 2000 and one time relaxation granted on 30.5.2000. The demandwas further relaxedfor quasiadministrativestaff who were on roll on 10.6.1997and was agreedand circulatedvide letter dated3.5.2006. 4. Since the issue of Board's letter dated lIS.l997" absorptionof quasi administrativestaff has

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been a continuous item at va.i@ DC/JCM, PNM etc. The federations have demandei as follows:i)

Relaxation in educationaland age qualification;

ii)

Consider those staff whose services were terminated by the quasi-administrative offices upon closureof co-operativesocieties;

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Considerthe staff of co-operativesociety which were on roll as on 10.6.1997(the cut_off date) but persuaded by the administration to retire voluntarily as the society was running in losses;

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Absorb the staff engagedby these bodies even after the cut-off date of 10.6.1997:and.

iu) The federations want that cut-off date of 10.6.1997be modifiedto 30.5.2000i.e. the date when the one time relaxation for absorption was granted. 5. This demand to extend the date has no losic becausewho so ever joined these quasi administrative organizations after I0.6.1997 is governed by instruction dated 11.6.1997 to compete with open market candidatesfor a railway job. With regard to the same, it is stated that if cut-off date is chansed from 10.6.1997to 30.5.2000 then staff side wo-uld further demand for changing the sameto a further date of instruction issued for such purpose leading this to a neverendingprocess. 5.1 Legal Directorateon the issue has opined tha:t in view of Supreme Court's order any siheme of regularization of persons irregularly appointed is permissible as a one-time measureand there should be no further bypassingof the Constitutional requirement and regularizing or making permanent.pursuant to the direction of CRB, the matter was referred to the learned ASG' who has opined that any further relaxation would fall foul of the intent and spirit of the judgment of the Apex Court relating to grant of one time relaxation. 6. The matter stands settled. It had been a specific decision and cannot be altered any' more. Also, those who do not fulfill the conditionslor such absorption, for whatever reasons,cannot be absorbed. Further reverting back to instructionsof 26.g.1977is qot feasible for the reasons that there has been no administrative control in the matter of induction of such - staff emplo in such offices/organization.

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Improvem6nt Quarters.

1 2 . Improvement facilities.

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However, the issue has already been raised in DC\ JCM meeting with the Board and is an active item therein. Railway For the year 2015-16, about 33,000 quartershad been identified for focused attention for repair on Zonal Railways, against which around 40,000 quarters have been repaired during the year. For repair and maintenance of Residential and Welfare Buildings, < 1850 croreshave been allotted for the year 2016-17 as against < 1569 crores (RE) allotted in the year 2015-16under DemandNo. 11 (Sub-Head500). Railway quarters were built long time back as per the standardsprevalent at the time. Subsequentlywith the revision of Standards,Railway has taken up the work of up-gradation of basic amenitiesin old type quarters. Railway has also been carrying out replacement of very old quarterswhich have outlived their lives. For construction of new quarters and replacement of old quarters,< 375.88 crores have been allocatedfor the year 2016-17 as againstT 322.16 crores (RE) for the year 2015-16 under Plan Head 51 (Staff Quarters). Replacement/ improvement including repair to quarters is a continuous process and works in this regard are taken up every year in phasedmanner based on availability of funds and relative priorities. Railways make all possible efforts for maintenance and improvement of staff quarters. Railways endeavour is to provide and maintain facilities in the quarters/colonies to the required standards. Medical The facilities available and quality of service being provided by Railway hospitals are considered adequateand they are functioning to the satisfactionof railway medical beneficiaries both serving and retired, their spouse and eligible dependents. As regafds availability of doctors in Railway Hospitals, Indian Railway Medical Service (IRMS) cadre consists of only General Duty Medical officers. Specialist Doctors recruited through the cadre are being best utilized for providing specialisedmedical care to the railway beneficiaries. The vacancies,wherever arisen, are regularly filled up by recruitment through Union Public ServiceCommission(UPSC) or by deployment of Contract Medical Practitioners (CMPs) on annual contractbasis. For filling up short term vacanciesof specialists, doctors are also engaged as Honorary Visiting Specialists(HVSs) and by calling consultant on case to case basis. Similarly vacancies of paramedical and clerical staff are being filled up through recruitments conducted by Railway Recruitment Boards (RRBs). Vacancies of paramedical staff are also filled up by deployment of contractualparamedicalstaff on annual contract basis.

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Up-gradation and modernization of Railway Hospitals is an on-going continuous process undertaken on the basis of conditions of existing equipment/ techniques, technological developments, training of medical and para-medical personnel through Continuous Medical Education and Training Programmes. Improvement in investigation facilities at field level till health Unit, Specialty consultation at peripheral level upto Health Unit and Cashless treatment facility to retired beneficiariesis also in process. Hospital Management Information (HMIS) is under process as a PILOT PROJECT over Northern Railwav. New Delhi. (a) Creation of new posts for In terms of Department of Expenditure OM No. new assets/serviceswithout 7(l)lB. Coord./2014dated 29.10.2014,there is a ban insistingon matchingsurrender on creation of plan and non-plan posts. However, etc.. Board has allowed creation of posts for new assets (b) Sanction of additional staff /new organization on matching savings basis. GM's in oommensurate with are competent to create posts for new assets/ new introduction of new trains, organization/new trains etc. extension of Railway lines and Further, instructions have also been issued on setting-up of new stations and for new maintenance of 28.10.2016about creation of posts on 1:1 basis by creating a pool of surrenderedposts, which are not additionalassets. requiredto be filled. This can be createdby DRM as well as bv GM. SPAD definition to be SignalPassingat Danger (SPAD) is not definedin any prevent of the manuals or rule books. Passing of any stop reviewed to harassmenV victimization of signal (except permissible signals and those permitted Running and Safety staff. under certain rules such as Automatic signals or Gate signals)at dangerwithout authority is treatedas SPAD irrespective of the distance travelled by the locomotive/ drivins unit of such sisnal at danser. Scrap Bibek Debroy Dr. Bibek Debroy Committeesubmittedits final report Committee report and to the Ministry in June,2015. Certainrecommendations positive have been accepted in consultation with varidus implement recommendations of High stakeholdersand hencescrapingof full reportmay not be (D.P. possible. Power Committee Tripathi Committee) on Running and Safety categories The recommendationsof High Power Committee constitutedto review the Duty Hours of Running Staff staff. have been finalized by the Full Board. Board's instructionson most of the recommendations havebeen issued and remainins recommendationsare beins finalized. Injustice done to Railway -Technicians: While furnishine the commentsto the employees like Technicians, 7"' CPC in respect of Technicians, Ministry of Technical Supervisors,Loco & Railwayshad proposedthat GP < 2400 and GP < 2800 Traffic Running Staff, may be considered for merger and replacbd by a Operating Staff, Medical common grade pay. However, Commission after categories etc., in respect of considering the fact that adequate enhancement in allotment of 7tn CPC Pay careeropportunities has already been provided did not Matrix levels and promotional recommend the same and the existing structure has scope should be done away been continued. This being a common category no with andjustice adririnistered. unilateral view can be taken. Furthermore,subsequent to discussions with the Federations another cadre

restructuring of Artisan Cadre has been camied vide ordersdated 30.09.2016. Supervis,prs: Iechnical Subsequent to the implementation of 6tn CpC, the SOs of Accounts Department were given Gp {4800 while the supervisors of other departments were provided Gp { 4600. The issue of restoration of past historical parity was taken up by the Federationsand this issue was raised by Ministry of Railways with Ministry of Finance. However, despite taking up at the senior most levels this was not agreed.to. Ministry of Railways agun suggested to 7th CpC that past relativities that existed between in the accounts department and non accounts department in Ministry of Railways needs to be maintained. However, 7ih CPC has not considered this and the revised pay structure as approved by Government has been notified. This issue has been taken with Dop&T and Ministry of Finance.

R$nnine Staff: While furnishingin the remarksto 7"' CPC, Ministry of Railwayshad suggestedthat 7th

CPC may like to examine the available pay sffucrure for running categorieswherein, due to mLrg", of prerevisedpay scalesof ( 5000-8000,T 5500-9000and < 6000-9800variouspostsof running categoriesgot to lie in the same structure of pB-2 Gp < 4200. The 7,h CPC has increased the quantum of additional allowance and also recommended the grant of additional allowance to certain categories in lower grades, however no changes has been recommended regarding pay structure of running category. The recommendations of 7'n CpC as approved QV Government of India have also been notified bv Ministry of Railways. Medical Categories: In respect of certain para Medical Cadres of Indian Railways, Dieticians, Perfusionists, upgraded the existing pay Scales and recommendations of 7'n CpC have already been implemented.

Ensure parity in pay structure The revised pay struct.r.effi and promotional scope for recommendations of 6tn Centralpay Commissionas Common categories with those acceptedby the Govt. had already beenimplemented working in the Central for the Stenographersin Railways. Further Secretariat/Ministries. improvementmadeby the Governmenifor placement of all postsin pre-revised pay scaleof t OjOO_10500 in GP T4600insteadof Gp < 42001-had also been implemented for the category of Stenographers. Ministry of Financehas not agreedfor any frrth", improvementsin the pay structureof Stenographers of field offices (Zonal Railways). 7th Cential pay Commiqsionhas also gone in to the mattersrelatedto

pay package as available to various categories of Central Govemment employees (including Stenographersof Railways). The revised pay structure as accepted by the Government has already been implemented. Further, the issue of granting parity with their counterparts in Head Quarter Services is

sub-iudice.

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