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)

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. PC-VI/2018/R-U/NFIR/1

New Delhi, dated 13-02-2020

The General Manager (P)
All Zonal Railways/Production Units

Sub: Fixation of pay of running staff on promotion in the 6th CPC pay structure.

Clarifications have been sought by some of the Zonal Railways regarding minimum pay applicable on promotion of running staff in the 6th CPC pay structure. A detailed clarification in this regard had been issued to Western Railway and North Western Railway vide Board’s letter of even no. dated 28/08/2018 clarifying the position in terms of various provisions of RS(RP) Rules. 2008. A copy of Board’s above letter dated 28/08/2018 is being forwarded to all zonal Railways/ Production units to be read along with Board’s letter No. PCVI/2018/I/ RSRP/ l dated 12/10/2018 (RBE No.158/2018) for information and necessary action.

Also check: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of CCS (RP) Rules, 2016

DA: As Above.

( U.K.Tiwari)
Joint Director/ Pay Commission
Railway Board.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. PCVI/2018/RU/NFIR/1

New Delhi, dated:- 28/08/2018

General Manager,
Western Railway,
Mumbai.

General Manager,
North Western Railway,
Jaipur.

(Attention: (i) Sh. Rajiv Ranjan Prasad, PCPO/NWRI
(ii) Sh. Sanjay Suri, PCPO/WRI

Sub: Clarification regarding irregular fixation of pay of Running Staff promoted on or after 01/01/2006.

Ref:
i) NFIR’s letter No. IV/RSAC/ Conf./Part IX dated 23/07/2018.
ii) Rajkot/ Jodhpur Division’s letter dated 12.01.2018/29.06.2018 respectively.
iii) Board’s letter No. PCVI/2017/ CPGRAMS/1 dated 17.08.2018 addressed to GM/WR regarding irregular pay fixation of running staff in Rajkot Division (Copy annexed).

This office is in receipt of NFIR’s letter dated 23/07/2018 (copy enclosed). wherein it has stated that there has been discrepancy in fixation of pay of Running Staff promoted on or after 01/01/2006 in Rajkot/ Jodhpur Division under Western Railway /North Western Railway respectively. In support of this, they have relied upon Rajkot/ Jodhpur Division’s letter dated 12.01.2018/29.06.2018 respectively (copy enclosed).

2. Prima facie observation of the concerned Division’s letter indicates there exists some confusion in the methodology of pay fixation of Running Staff promoted on or after 01/01/2006. As.the Railways are aware, the pay fixation of existing staff, already in service on the date of effect of RS(RP) Rules, 2008 viz. 01/01/2006, in the revised pay structure is governed by Rule 7 of above rules notified vide Gazette Notification No. GSR 643 (E) dated 04/09/2008 (RBE No.103/2008). For the above purpose, fitment tables were issued vide Board’s letter No. PCVI/2008/I/RSRP /1 dated 11/09/2008 (R.BE No. 108/2008) which are applicable to non­ running Staff. Since existing running Staff (already in service as on 01/01/2006) was in receipt of Dearness Allowance on Pay Element, separate fixation table were issued for fixation of their pay in revised pay structure in terms of Rule 7 of RS(RP) Rules. 2008 vide Board’s letter No. PCVI/2008/I/RSRP/1 dated 12/09/2008 (RBE No. 109/2008). As prescribed in Rule 7 of RS(RP) Rules, 2008, if fixation of pay as per Rule 7( 1)(A)(i) is short of minimum of applicable revised pay band (viz .Minimum of PB- 1 to PB-4 as applicable to the employee) or pay scale (applicable to HAG & higher grades), such minimum would be allowed , as laid down Rule 7(1)(ii). The provisions of Rule 7(1)(A)(ii) have already been taken care of while issuing fitment tables vide Board’s letter dated 11/09/2008 & 12/09/2008. The fitment tables are also applicable in the cases where an existing employee (already in service as on 01/01/2006 opts to have his pay fixation from a date later than 01/01 /2006, in terms of Rule 5 ,6 & 11 of RS(RP) Rules, 2008 as clarified vide Clarification No.3 of Board’s letter No. PCVI/2008/I/ RSRP/ dated 25/09/2008 (RBE No. 132/2008).

3. There is no prescribed minimum, other than minimum of the applicable pay band in the case of those promoted on or after 01/01/2006, where an employee is fixed in any of the applicable pay bands. The minimum pay in pay band as prescribed in First Schedule Part A, Section II of RS(RP) Rules, 2008 and corresponding stipulation in first schedules annexed with Board’s letter dated 11/09/2008 (RBE No. 108/2008) is applicable only for direct recruits appointed on or after 01/01/2006 belonging to Running as well as non running categories. The position has been clarified in detail in Board’s letter No. PCVI/2010/I/ RSRP/1 dated 17/02/2010 (RBE No. 28/2010). As such once the pay of any existing employee (already in service as on 01/01/2006) is fixed in revised pay structure in the applicable pay band as per the provisions of Rule 7 or 11 and he is subsequently promoted to a post in same or other pay band, his fixation has tp be made as per Rule 13 Even at this stage, the minimum of applicable pay band (PB-1 to PB-4) or scale (HAG or above) as applicable is to be ensured.

4. In view of this. it is requested that the Rajkot / Jodhpur Division’s letter dated 12-01-2018/29-06-2018 respectively be examined in light of relevant instructions and the necessary corrective action taken and thereafter, the position be advised to this office. Further if any specific point of doubt arises, the same may be referred to this office for clarification along with the views of PFA of the Railways.

DA: As above.

(S.Balachandra Iyer)
Executive Director/Pay Commission – II
Railway Board

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NFIR

No.IV/NFIR/7th CPC (Imp)/ Allowance/2016/Part I

Dated: 27/12/2019

The Secretary(E),
Railway Board
New Delhi

Dear Sir,

Subject: Payment of Leave Salary to the Running Staff after implementation of 7th CPC recommendations-reg.

Ref: (i) NFIR’s PNM Items No. 47/2018 & 57/2016.
(ii) Railway Board’s letter No. E(P&A)II/2017/RS-22 dated 28/12/2018 (RBE No.2204/2018).
(iii) NFIR’s letter No. IV/NFIR/7th CPC (Imp)/Allowance/2016/Part II dated 12/01/2019, 18/03/2019, 28/05/2019 & 17/08/2019.

Federation invites kind attention of the Railway Board to the references cited above relating to payment of Leave Salary to the Running Staff pursuant to the implementation of the recommendations of 7th Central Pay Commission. Federation once again reiterates that though the Railway Board have issued orders vide RBE No. 204/2018 dated 28/12/2018 but, however, there is no clarity in the said orders regarding date of effect i.e. from 01/01/2016, consequently in the provision in IPAS, date of effect has been taken as 01/07/2017 and the Running Staff have been put to recurring financial loss for 18 months (from 01/01/2016 to 30/06/2017) leave salary. Though the Federation has been making efforts to persuade the Railway Board to set right the technical snag but however action to correct/up-date IPAS has no been taken yet with the result Federation continues to receive grievances from the Running Staff from Zonal Railways.

Also check: 7th CPC: Payment of leave salary to the running staff after the implementation of 7th CPC recommendations

NFIR, therefore, once again urges upon the Railway Board to kindly intervene and issue suitable instructions to all concerned to rectify/up-date the IPAS giving effect to the instructions vide RBE No. 204/2018 dated 28/12/2018 from 01/01/2016 repeat from 01/01/2016 and not from 01/07/2017.

Action taken in the matter may kindly be apprised to the Federation.

Yours faithfully

(Dr. M. Raghavaiah)
General Secretary

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No.204/2018

No. E(P&A)II/2017/RS-22

New Delhi, dated 28.12.2018

The General Managers/CAOs,
All Zonal Railways & Production Units.

Sub:- Payment of leave salary to the running staff after the implementation of 7th CPC recommendations.

Some of the Zonal Railways have raised the issue that leave salary is not being paid to the running staff on the revised pay in the 7th CPC pay structure, GS/AIRF and GS/NFIR have also made various references to the Railway Board in this regard. NFIR has also raised the issue in the forum of PNM as Item No. 47/2018.

2. The issue has been examined in Board’s office and it is clarified that as per Rule 1412(III) of IREC Vol. II and Rule 924(i)(k) of IREM-I, Pay Element (presently 30% until further orders) will be reckoned for calculation of Leave Salary of Running Staff on the revised basic pay in the 7th CPC pay structure.

3. This issues with the concurrence of the Finance Directorate of Railway Board.

(N.P. Singh)
Joint Director, Estt. (P&A)
Railway Board

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Government of India
Ministry of Railways
Railway Board

No.ERB-I/2018/23/48

New Delhi, dated 28.11.2018

ORDER

Ministry of Railways (Railway Board) have decided to constitute a Committee to examine the demand for consideration of Ticket Checking Staff as Running Staff. The Committee will consist of the following:-

i. AM/Commercial, Railway Board – Convener
ii. AM/Staff, Railway Board Member – Member
iii.PED/Finance, Railway Board Member – Member

2. The Terms of Reference of the Committee will be as under:‑

a. Grant of Running allowance to Ticket Checking staff on the lines of Loco-Pilots and Guards.
b.  Creation of posts of Ticket Checking Staff in the same manner as that of Running Staff.

3. The Committee should submit its report within three months from the date of its constitution.

4. The Headquarters of the Committee will be at Railway Board, New Delhi.

5. TG-V branch, Railway Board will be the Nodal branch for functioning of the Committee. Therefore, submission of report of the Committee for consideration of Railway Board, implementation of its recommendations and all related issues including Parl. Questions, RTI cases and other formalities with regard to the Committee, shall be dealt with by TG-V branch of Railway Board.

6. The Convener and Members of the Committee Will draw TA/DA as per extant rules.

(Vijay Kumar)
Under Secretary (Estt)-I
Railway Board

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No.AIRF/PNM/20/2009

Dated: August 27, 2018

The Member Staff,
Railway Board,
New Delhi

Dear Sir,
Sub: Rest Rules for Running Staff

Ref.: Railway Board’s letters No.E(LL)/2009/HER/1 dated 17.07.2018 and 02.08.2018

Pursuant to discussions held with AIRF, during the last PNM Meeting, held on 21-22 June, 2018, Railway Board vide their letter No.E(LL)/2009/HER/1 dated 17.07.2018 had issued instructions that, Call Books on Running Staff should be served upon only after completion of 16 hours rest at Headquarters and after completion of 8 hours at outstation.

It is, however, quite unfortunate that, Railway Board vide their subsequent letter dated 02.08.2018 have pended the said instructions till adequate number of Running Staff becomes available to fill-up large-number of existing vacancies. This is gross violation of bilateral negotiated settlement with the federation.

AIRF, therefore, desires that, orders of pending the instructions, issued vide Railway Board’s letter dated ibid dated 17.07.2018 be withdrawn immediately in the larger interest of industrial harmony.

This may be treated as “Most Urgent”.

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
General Secretary

Source: AIRF

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. E(LL)/2009/HER/1

New Delhi, dated:.02.08.2018

The General Managers,
All Zonal Railways, PUS,
Metro Kolkata and RDSO Lucknow.

Sub: Rest Rules for running staff.

Reference para 4 of the Board’s letter of even number dated 17.07.2018 regarding serving of call book upon running staff only after completion of 16 hours rest at Headquarter and after completion of 8 hours rest at outstation.

2. The matter has been deliberated upon in detail by the Board. The Board desires that in view of paucity of running staff on the Railways, aforementioned directive of the Board may be pended till adequate number of running staff becomes available to fill up the vacancies and the issue will then be suitably reconsidered by Board.

3. This is issued with the approval of Board (MT, MS, CRB).

4. Please acknowledge receipt.

(Ms. Manju)
Jt. Dir/E(LL)
Railway Board

Source: www.indianrailways.gov.in

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No.IV/RSAC/Conf./Part IX

Dated: 05/01/2018

The General Secretaries of
Zonal Unions of NFIR

Brother,
Sub: Revision of Kilometrage rates and other Allowances of Running Staff-reg.

The issue pertaining to revision of Kilometraeg Allowance rates and other related Allowance for Running Staff was discussed on 4th & 5th January, 2018 at Rail Bhavan under the chairmanship of Additional Member (Staff). The NFIR’s note highlighting the position from 01/01/2006 and necessity for upward revision of Kilometrage Allowance rate was discussed. After considering the points brought out by the Staff Side on 4th & 5th January 2018, the Railway Board will respond.

Further development on the subject will be conveyed to affiliates at the earliest.

Yours fraternally,

S/d,
(Dr. M. Raghavaiah)
General Secretary

Source : NFIR

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Ist January, 2018 to be observed as All India Protest Day against the Anti Worker policies of Railway Board

As you all are aware, revision of rates of the Running Allowances and other allowances related to Running Staff are overdue and are delayed inordinately by the Ministry of Railways. You also know that AIRF has been making all out sincere efforts with the Railway Board to get the rates of Running Allowance and other allowances related to Running Staff revised, but till date no fruitful outcome has emerged……

The General Secretaries,
All Affiliated Unions,

Dear Comrades!
Sub: Revision of the rates of Running Allowance and other allowances related to Running Staff

At the outset I convey my hearty best wishes to all of you, along with the entire family members, for a very very Happy and Prosperous New Year 2018.

As you all are aware, revision of rates of the Running Allowances and other allowances related to Running Staff are overdue and are delayed inordinately by the Ministry of Railways.

You also know that AIRF has been making all out sincere efforts with the Railway Board to get the rates of Running Allowance and other allowances related to Running Staff revised, but till date no fruitful outcome has emerged.

It has, therefore, been decided that, while celebrating New Year on 1st January, 2018, a “Protest Day” would simultaneously be observed by holding mass meetings, dharnas, rallies at all the Branches, Installations and Divisional levels to lodge our strong anguish against the dillydallying attitude of the Ministry of Railways on the subject.

You are, therefore, requested to take necessary steps in this regard, and the comprehensive reports may be sent to this office for better appreciation of the same.

With Fraternal Greetings!

Yours faithfully,

sd/-
(Shiva Gopal Mishra)
General Secretary

Source: AIRF

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. PC-VI/2016/Z/4

Dated: 04.10.2017

OFFICE MEMORANDUM

Sub: Clarification regarding calculation of quantum of Annual Increment in pay in case of Running Staff.

Ref.: M/o Finance’s OM No. 332469/2016-E IIIA dated 01.02.2017;

The undersigned is directed to refer to this Ministry’s OM of even no. dated 30.08.2016 wherein an issue raised by one of the Staff Federations vide PNM Agenda Item No.10/2016 was referred to M/o Finance for examination. The Federation had demanded that the basic pay for the purpose of calculation of increment in the 6th CPC should include Pay element of Running Allowance for the Running staff. This meant that increment of Running Staff should be calculated @3 % of {Basic pay + pay element (presently 30% of Basic Pay)}.

2. This issue was examined in Pay Commission Dte. of Railway Board and a copy of reply sent to one of the Zonal Railways is enclosed as Annex-I.

3. As regards the queries raised by M/o Finance vide 011/1 dated 01.02.2017, it is clarified that a portion of Basic Pay of the Running Staff is treated as a “Pay element of running allowance” which itself falls outside the definition. of Basic Pay as defined in FR(9) (21)(a)(i) but falls in the broader definition of the term “pay” as in FR(9) (21)(a)(iii). The pay element at specified rates is counted for specified purposes only. As per Rule No. 25 of “The Rules for payment of Running and other Allowances to the Running Staff on Railways, 1981” read with para 3.23 of Railway Board’s letter No.E(P&A)II-80/RS- 10 dated 17.07.1981 (Annex-11), the pay element i.e. 30% of the Basic Pay of Running Staff will be reckoned as pay for specified purposes (not for all) such as Dearness Allowances, House Rent Allowance, entitlement to Passes, PTOs etc. It is pertinent to mention here that pay element is not reckoned as pay for Transport Allowance, Night Duty Allowance etc.

3.1   In accordance with para 2 of Board’s letter No. E(P&A) II-2005/RS-34 dated 26.12.2008 (RBE No.202/2008) (Annex-III}, pay element in the Running n Allowance for running staff would be 30% of the basic pay under Railway Service (Revised Pay) Rules,2008 for computation of specified benefits excluding retirement benefits. For the purpose of computation of retirement benefits of running staff, an additional quantum of 55% of the basic pay under RS(RP) Rules,2008 would be reckoned.

S/d,
(U.K. Tiwari)
Deputy Director,
Pay Commission-VI
Railway Board.

Ph. No. 011-47845224

Kind Attn:  Sh. Ashok Kumar
Under Secretary (DMA),
Department  of Expenditure,
Ministry  of Finance, North Block, New Delhi.

Source: NFIR

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