Hon’ble High Court Order of Delhi – Breath Analyser (BA) test and Bio-metric verification of Running staff

Hon’ble High Court Order of Delhi

Breath Analyser (BA) test and Bio-metric verification of Running staff during signing On/Off in the backdrop of COVID-19 pandemic

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.2016/M(L.)/467/1

New Delhi, Dated 28.03.2020

General Managers,
All Zonal Railways.

Sub: Breath Analyser (BA) test and Bio-metric verification of Running staff during signing On/Off in the backdrop of COVID-19 pandemic.

Ref: Order of Hon’ble High Court of Delhi dated 27.03.2020 in case no. ‘W.P.(C) URGENT 4/2020 (to be numbered subsequently)’.

1. The Hon’ble High Court of Delhi, in the above-mentioned case, by order dated 27.03.2020 has stayed the operation of this office letter of even no. dated 20.03.2020 on the subject. Further Hon’ble High Court has given certain directions. Copy of Hon’ble High Court’s order is enclosed herewith for necessary action by all Zonal Railways.
2. Railway Board has vide letter of even no. dated 27.03.2020 (copy enclosed) already permitted zonal railways to issue relaxations regarding BA test and bio-metric verification. This letter was issued based on request of recognised federations and the same was perhaps not brought to the notice of Hon’ble High Court.
3. Many directions given vide Hon’ble High Court’s orders were already included in Railway Board letter dated 27.03.2020. This letter dated 27.03.2020 had given the relaxation till 14.04.2020 or till the end date of complete lockdown, whichever is earlier. However, in accordance with Hon’ble High Court’s orders, the applicability of such directions is extended till the next date of hearing in the case (to be listed on 16.04.2020). Hon’ble High Court has also specified the format for self-declaration to be taken from running staff, which is enclosed with the order.
4. Further, Hon’ble High Court has given the following additional directions, which may be noted by zonal railways for compliance (many of these are also being implemented by railways already) :

Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme

• Running staff while signing On/Off should use their own pen. Common pens, if any, may be removed.
• Special watch may be kept on the staff to eliminate drunkenness on duty.
• Sufficient Liquid soap and hand sanitizers should be made available in the lobbies and running/Rest Rooms.
• Equipments / apparatus and other commonly used items in the crew lobbies and running rooms may be frequently cleaned / sanitized.
• Sharing of linen and use of blankets is to be stopped in running rooms.
• The bed rooms / wash room areas, dining halls other common rooms/ halls, offices in the crew lobbies and running rooms may be kept frequently cleaned, sanitized and well ventilated by keeping the windows and doors open.

This issues with the approval of Board (MTR & MT)

Encl: As above.

(Manish Jain)
EDME(Traction)