NFIR

Dated: 20/01/2021

The Director-General (HR),
Railway Board,
New Delhi

Dear Sir,

Sub: Eligibility for selection against 331A% promotion quota of Ticket Examiner/ Commercial Clerk in 6th CPC Grade Pay 2000/ Level-3 -reg.

Ref (i) NFIR’s PNM Item No. 32/2012.
(ii) NFIR’s letters No. II/6/2019 dated 02/09/2019.
(iii) Railway Board’s reply vide letter No. E(NG)I-2018/CFP/5 dated 21/10/2019 to GS/NFIR.
(iv) Railway Board’s proposal to GS/NFIR vide letter No. E(NG)I/2018/ CFP/5 dated January 13, 2020.
(v) NFIR’s letter No. 11/6/2020 dated 21/01/2020, 25/02/2020 & 16/06/2020.
(vi) Railway Board’s letter No. E(NG)I-2019/PM 1/14 dated 18/01/2021.

NFIR has repeatedly been pressing the Railway Board to settle the issue relating to eligibility for selection against  331A% Promotion Quota entitlement in respect of Staff of Operating & Commercial Departments to appear for Promotion/ LDCE Quota vacancies of Ticket Examiner/ Commercial Clerk in GP 2000/ Level-3. But sadly the matter has not been settled yet, resulting in deprival of opportunity to those who are in GP 1900/- Level-2 (which is immediate lower grade pay of TE/ Commercial Clerk). Ongoing through the Board’s letter dated 18/01/2021 and the briefs provided for the joint meeting, it is seen that this issue has been linked unnecessarily for discussion in the joint meeting.

In this context, NFIR reiterates that the Railway Board can settle the matter relating to the entitlement of staff of Operating and Commercial Departments working in GP 1900 to appear in the selection against Promotion/ LDCE Quota immediately and for the said purpose no discussion is needed. The Railway Board may appreciate that some Zonal Railways have already referred this matter to the Railway Board seeking clarification for the purpose of finalization of ongoing selections.

Reduced payment of stipend to the Trainee Station Masters in Level-5 (PB1+GP 2800) on Zonal Railways

As the date 28th January 2021 fixed for the meeting, is not suiting the NFIR, the meeting may therefore be deferred for the 2nd Week of February 2021, the date for which may be fixed in consultation with the Federations.

Yours faithfully,

(Dr. M. Raghavaiah),
General Secretary

Source : NFIR

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It has been approved in principle, to consider a few changes in the scheme of selection process for recruitment to the promotion quota of various cadres of All India Services.  As per the existing regulations, the assessment of the suitability of a candidate is made on the basis of his service records.  As per the revised scheme, it is proposed to assess the candidate on the basis of four components i.e. ‘Written Examination’, ‘Length of Service’, ‘Assessment of Performance Appraisal Reports’ and ‘Interviews’.

The above decision was taken after consulting the State Governments and the concerned Cadre Controlling Authorities (CCAs i.e., the Ministry of Home Affairs and the Ministry of Environment and Forest).  Further, to implement the scheme, necessary amendments in the concerned rules/regulations are necessary.  The State Governments & the CCAs concerned have been consulted on this aspect also.  The Central Government has received certain objections from different quarters, such as that the new scheme will be detrimental to the interests of senior state services officers, the officers belonging to the categories of Scheduled Castes and Scheduled Tribes; it would also undermine the element of experience viz-a-viz academic knowledge and would be against the larger public interest as the officers would prefer studying in place of doing public service, etc.   The inputs received in this regard from the State Governments and other quarters will be kept in view in firming up the regulations.
This was stated by Shri V. Narayanasamy, Minister of State in the Ministry of Personnel, Public Grievances and Pension and Minister of State in the Prime Minister’s Office in written reply to a question by Dr. Chandan Mitra today.

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KSD/SAMIR/sk

Annexure A

SUMMARY OF THE AFFIDAVIT BY THE GOVERNMENT

The salient features of the affidavit are as under:

a. Non Interference in Investigation
Non-interference in investigation of CBI in PC Act offence cases is already provided in the DSPE Act.

b. Appointment of Director, CBI
Appointment of  Director CBI by the President on the recommendation of a Committee consisting of Prime Minister as Chairperson, Leader of Opposition in the House of People as Member and the Chief Justice of India or a Judge of the Supreme Court nominated by him as Member.
c. Removal of Director, CBI
Removal of Director CBI, only by order of the President on grounds of proved misbehavior and incapacity after the Central Vigilance Commission on a reference made to it by the President has reported that the Director is guilty based on an inquiry conducted in accordance with the AIS Rules in this regard.
d. Director, CBI as member of Selection Committee
Induction of Director CBI as full-fledged member in the Selection Committee for recommending selection of officers of CBI of the level of SP and above.
e. Superintendence on Non-PC Act offences
Superintendence of the Delhi Special Police Establishment for all cases (other than Prevention of Corruption Act offences whose superintendence is with Central Vigilance Commission) has been in the Central Government, with a rider that while exercising the powers of superintendence, the Central Government shall not exercise powers in such a manner so as to require the Delhi Special Police Establishment to investigate or dispose of any case in a particular manner.
f. Timeline for prosecution of officers under Section 6(A) of DSPE Act
On the required approval of the Central Government before conducting inquiry or investigation against officers of JS level or above under Section 6(A) of DSPE Act, it has been provided that the Central Government shall take a final decision within a period of 3 months and an order declining such request would contain reasons in support thereof.
g. Appointment of Director (Prosecution)
Director of Prosecution is to be selected based on the recommendation of the Selection Committee, headed by the Central Vigilance Commissioner with Secretary DoPT, Secretary MHA, and Secretary Department of Legal Affairs as members and Director CBI as member convener. The categories of persons who shall be eligible for appointment, apart from cadre officers of the Ministry of Law & Justice, would include a person who has been in practice as an advocate for not less than 15 years and has been designated as a senior advocate. Powers and functions of the Director of Prosecution have been delineated.
h. Institutional accountability of CBI
Establishment of an Accountability Commission has been proposed to ensure institutional accountability of CBI.  The Commission will consist of three whole time Members, to be appointed by the President, from amongst the  retired judges of the Supreme Court or the High Court with the senior most judge as the Chairperson of the Commission and the CVC as an ex-officio Member. The salary and allowances and the other terms and conditions would be as may be prescribed by the Government. The jurisdiction, functions and powers of the Commission have been detailed. The Commission would entertain and inquire into allegations of misbehavior, incapacity, impropriety or irregularity on the part of officers and staff of DSPE. However the complainant has to approach the Director in the first instance.
i. Financial Autonomy:
Apart from functional autonomy to CBI, the financial powers of the Director shall be equivalent to the powers exercisable by the Director General of Central Reserve Police Force.
j. In accordance with Cabinet`s approval the Central Government shall introduced a Bill containing the necessary amendments in Parliament and the same shall be moved in accordance with Parliamentary procedure.

Source : PIB

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