RBE No. 91/2023

Government of India
Ministry of Railways
(Railway Board)

No.2023- E(SCT)I/ 25/8

New Delhi, dated 14.07.2023

The General Managers (P)
All Indian Railways
& Production Units.
(as per standard mailing list)

Sub: Reservation in upgradation of pay structure of certain cadres – clarification

Ref: PCVII/ 2019/ RSRP/3 dated 17.11.2022 & 01.12.2022

References are being received from Zonal Railways seeking clarifications on letters referred above, whether Reservation is applicable in case of upgradation and cadre restructuring. The matter has been thoroughly examined in view of the judgment of Hon’ble Supreme Court in CA No.6934-6946 of 2005 in Union of India vs. Pushparani & others on 29.07.2008 in similar matters and clarified as under:

Upgradation of posts (functional or otherwise) due to stagnation resulting in cadre review:

1. In case of Mass Upgradation, where a grade of whole cadre is upgraded from existing grade to higher grade and where all the incumbents are placed in higher grade, without creation of new posts, reservation shall not be applicable.
2. However, in cases, where a portion of the sanctioned cadre strength is upgraded to an existing higher grade in that category or a new higher grade, resulting in increase in number of posts, then the reservation is to be applied to parted strength in lower grade as well as upgraded strength.
3. Accordingly instructions issued regarding application of reservation as per extant rules vide reference cited would hold good.

This disposes off references received from RCF/Kapurthala, South Western Railway and Eastern Railway vide letter nos. 2022-E /RCF/ SCT & OBC/ RES/ RB dt. 18.04.2023, SWR/ P.135/1/ Upgradation/ Ch.S&WI dt. 13.04.2023 & E.839/ Upgradation/ Ch.S&WI/ HQ dt.17.04.2023 respectively.

(A.S. Bhavani)
Deputy Director-II/ Estt.(SCT)-I
Railway Board

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File No. PC-VII/2022/ R-U/8(Part)

New Delhi, dated: 15.05.2023

The General Manager/CAOs(R),
All India Railways & Production Units,
(As per mailing list)

Sub: Issue of inclusion of other categories under the ambit of RBE No. 155/2022 dated 17.11.2022.

Subsequent to upgradation of pay structure of certain cadres in terms of Board’s letter RBE No. 155/2022 dated 17.11.2022, many Zonal Railways, Staff Association and Staff referred the issue of inclusion of other categories in the said upgradation.

2. With respect to above, it is stated that clarification on inclusion of identically placed categories of Engineering and Traffic/ Commercial departments have already been given vide Board’s letter No. PC-VII/2019/ RSRP/3 dated 01.12.2022. Apart from the categories mentioned in letter RBE No. 155/2022 dated 17.11.2022 and letter dated 01.12.2022, no other category is eligible for upgradation.

3. Nevertheless, the demands received for grant of upgradation on similar lines issued vide RBE No. 155/2022 is under examination. Once a final decision is taken by the Competent Authority on these demands, the same will be communicated to the Field Units.

4.It is advised that Staff representations received on the subject matter may be disposed accordingly.

5. This issues with the approval of Competent Authority.

(Jaya Kumar G)
Dy. Director/ Pay Commission-VII & HRMS
Railway Board
Ph. No. 011- 47845132
e-mail: jaya.kumarg [at]gov.in

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Translators-cum-Interpreters (Foreign Languages)

There are posts of Translators-cum-Interpreters (Foreign Languages) in the ministries of Defence, External Affairs, Communication, Science and Technology and Cabinet Secretariat etc.

The cadre of Interpreters of Ministry of External Affairs (MEA), in their demand, has pointed out that no cadre review has taken place for their cadre in the last 38 years.

The cadre of Russian translators in Integrated Headquarters of MOD (Navy) has contended that they have the same entry level qualification and nature of duties as translators of other languages in the same office, but are placed in a lower pay scale.

Analysis and Recommendations : In so far as the case of Interpreters in MEA is concerned, the Commission is of the view
that cadre review is an administrative issue and should be dealt with at the level of MEA only.

Regarding the case of Russian translators in the Ministry of Defence, the Commission studied the job profiles and educational qualifications required for Russian translators, vis-à-vis their Chinese, Sinhalese and Pushto counterparts.

The Commission finds merit in their demand for upgrade and accordingly recommends that Russian Translation Officers should be upgraded from the existing GP 4600 to GP 5400 (PB-3). Similarly, Russian Senior Translation officers should be upgraded from existing GP 5400 (PB-3) to GP 6600 and Russian Editors from existing GP 6600 to GP 7600.

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Dear friends,

More than two dozen comments have been posted on the JCM Staff Side memorandum, recommending upgradation of Grade Pay of LDC, published in this web site. Most of the LDCs working in various Departments, posted comments are stated that they are doing duties of higher posts with Rs. 1900 Grade pay. A person who is working in the KVS has written that in his Organization LDCs are doing duties of UDC and LDC both because in maximum offices single LDCs are posted and they are compelled to complete the work by sitting extra time. (Our opinion is that the Staff Associations of the KVS should demand for increased sanction of Administrative Staff in accordance with the work load and also for an immediate cadre restructuring for the Administrative Staff. According to the recommendations of the Central Pay Commissions cadre restructuring should be done in every five years).

It is no doubt that LDC & UDC are the backbone of the Government Offices especially the subordinate offices and they should get a respectable pay scale. Since the 6th Pay Commission has raised the Educational and technical qualification for the post it has become an anomaly and that is why this Association has taken up the issue to the higher authorities and as such the issue gained popularity. Resultantly, Confederation and JCM Staff Side was forced to recommend upgraded grade pay for LDCs in their Memorandum to the 7th Pay Commission. Moreover, Department of Expenditure was compelled to issue a common circular for upgradation of Grade Pay of LDC & UDC at Department level through restructuring. But the said order was not adequate to meet the demand and as such we have filed a case in CAT Jabalpur. Some of our friends proposed to take up the issue to the Prime Minister & Finance Minister again. Several of our friends writing comments have proposed to call a strike on the issue of upgradation of the Grade Pay of LDC & UDC. Both are not the demand of the time, I think. As regards to writing letter to Prime Minister, we had already written a letter to the then Prime Minister and same was forwarded to the DoPT and what action has been taken on it by the DoPT, JCA & Ministry of Finance, all are before us. If we sent another letter to the present Prime Minister it will also go through the routs in which our previous letter was travelled. As regards the calling of strike it is only possible when there is a Federation of Ministerial Staff Association representing the entire Ministerial Staff persists and taking a decision unanimously. You all are aware that I had requested all our friends to come to Delhi in support of the Confederation Dharna on 9th January 2014 so that we may put up the issue effectively before the Confederation. But nobody except some leaders of Delhi State Government Administrative Staff Association has come to attend the Dharna. Thus conducting a strike, even a Department level strike, is not as easy as the comment writers think.

Some of our friends have written that large number of posts of LDC & UDCs are lying vacant in their Department and is not filling up the vacancy by the authorities. This should be tackled at their Department level itself. Staff Associations of the respective Department should take initiative for the same.

As regards the case filed by us in the CAT Jabalpur, we have filed the same with an intention to send a message regarding the seriousness of the issue to the Government, 7th Pay Commission and the JCM Staff Side. As a result JCM Staff Side has discussed the matter and accordingly the recommendation for the upgradation of the Grade Pay of LDC has been sent to the Pay Commission. In order to defend the payment of Rs. 2400 Grade Pay to DEO, DoPT has recently issued a revised model recruitment rule for the DEO. And yet, I am sure, 7th Pay Commission will definitely consider the upgradation of Grade Pay of LDC in its report. The case filed in the CAT Jabalpur will go on for a favorable decision so as to get the upgraded Grade Pay to LDC w.e.f. 1.1.2006.

As regards granting of Rs. 4200 Grade Pay to UDCs, all Associations are requested to send the proposal in their memoranda to the 7th Pay Commission on the ground that UDCs are assigned with the duties of Assistants in most of the subordinate offices as the sanctioned posts of Assistants in these offices is far less than the actual requirement.

Confederation’s Memorandum to 7th CPC:
Confederation has proposed to submit a separate Memorandum to 7th Pay Commission. Even though the LDC & UDC issue, submitted by us have been incorporated in the JCM Staff Side Memorandum, any Association is willing to put up anything new regarding to the upgradation of the LDC/UDC and issues related to other administrative Staff and the cadres of common category including MTS may please send their proposal to the Confederation in the following e-mail id by 14th of this month.

Com. M Krishnan, Secretary General: mkrishnan6854@gmail.com
Com. K.K. N. Kutty, President: sreedevikkn@gmail.com

With greetings
TKR Pillai
General Secretary

Source: http://aiamshq.blogspot.in/

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CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS
1st Floor, North Avenue PO Building, New Delhi – 110001
Website : www.confederationhq.blogspot.com
Email : confederation06@yahoo.in

Patron S.K.Vyas 09868244035
President K.K.N.Kutty 0981148303
Secretary General M.Krishnan 09447068125

Ref: Confdn/LDC-UDC/2013

Dated : 25.10.2013

To
The Secretary,
Department of Expenditure,
Ministry of Finance,
North Block, New Delhi-110001

Sub: Upgradation of Grade Pay of LDC & UDC in the Administrative Branch of Government of India Offices.

Sir,
This is in reference to the letter dated 14/10/2013 sent to you, on the above subject, by the All India Association of Administrative Staff, Ministry of Statistics & Programme Implementation, Government of India (Copy enclosed).

As you are aware, the implementation of the 6th anomalies. The LDC UDC issue is among the most genuine anomalies for which an agenda had been submitted on behalf of this Federation in the National Anomaly Committee (NAC). So far four meetings of the NAC have been held but had not been able to settle the issue and the 5 meeting wherein several genuine anomaly cases including the LDC-UDC issue have to be discussed and decided has not been convened so far despite of repeated requests of the staff side. In this respect, it is worth to mention here that CS-II section of the DoPT had identified the LDC/UDC issue as anomaly which is the subject matter of JCA section and sent the case to JCA vide DoPT I.D. No.25/2/2013-CS.II (B) Dated 13.08/2013 for action. But it is surprised to note that the case in original has been returned to the All India Association of Administrative Staff by the CS-II section vide letter No 25/2/20134-CS II (B) dated 19/09/2013 with a direction to take up the case directly with the Ministry of Finance, Department of Expenditure. And the reason behind the returning of the case to DoPT without considering to put up it in the NAC by the JCA is not recorded.

It is further to state that 6th get selected to the post of LDC but denied an appropriate pay structure in accordance with the increased qualification. On the other hand, the educational & technical qualifications prescribed for DEO & LDC are the same but the DEO has been granted Rs. 2400 grade pay whereas the Grade pay of LDC is Rs. 1900 only. Moreover, 6th to MTS as a result the gap between the MTS and LDC narrow down to Rs. 100/.

As regards the duties and responsibilities assigned to the LDC & UDC in the subordinate offices are concerned, it is altogether different than the duties and responsibilities for the posts prescribed in the DoPT manual or assigned to these posts in the offices of Central Secretariat. While comparing the duties of DEO & LDC the DEO has only to make entry the readymade data given to them whereas the LDCs have to create data/draft letters and then to type on computer, putting up the matter through file note with justification with the support of rules and procedure. Thus LDC does more work in qualitatively and quantitative terms with less grade pay than that of the DEO. Besides, many cadres with less or equal qualification have been recommended higher pay by the 6th the Government has implemented the same.

Since the duties of the LDC & UDC in the various State Government also assigned in line of these subordinate offices and considering the volume and quality of duties assigned to them several of the State Governments who have implemented the 6th increased the pay structure/grade pay of the LDC & UDC.

From the above it is evident that the LDCs & UDCs deserve higher grade pay than the present one, commensurate with the qualifications and assignments attached to these posts. DoPT has identified the LDC & UDC issue related to anomaly and asked to take up the case with your office. It is requsted that as tens of thousands of LDC, UDC are eagerly waiting for a favourable decision from Govt, the case may be considered in a sympathetic and judicious manner so that a decision for revising the grade pay of LDC to Rs. 2400/ and that of UDC to Rs. 2800/ may please be taken.

A favourable decision in this regard is requested please.

Yours faithfully,

(M. Krishnan)
Secretary General

Copy to: –
Com. T.K. R. Pillai

Source: www.confederationhq.blogspot.in
[http://confederationhq.blogspot.in/2013/10/confederation-writes-to-government-on.html]

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ALL INDIA ASSOCIATION ADMINISTRATIVE STAFF (NG)
MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION
GOVERNMENT ON INDIA

NSSO (FOD), Hall No. 201 & 205, Vijay Stumbh,
Zone I, Maharana Pratap Nagar,
No. 4/GS/2013
Bhopal, 06/09/2013

Sub: Revision of Grade Pay of LDC to Rs. 2400/ and that of UDC to Rs. 2800/-request for your personal intervention for getting a favorable decision.

Dear Sir,

At the outset I would like to introduce me as TKR Pillai, General Secretary, All India Association of Administrative Staff (Non Gazetted), Ministry of Statistics & Programme Implementation, Government of India.  This Association had written a letter to the Hon’ble Prime Minister to apprise him of the pathetic conditions of LDC & UDC working in the Central Government Offices and request his office’s intervention on the matter (Copy enclosed in annexure 2 to VIII). While taking action on the said letter DoPT has identified the LDC/UDC issue as anomaly and the case has been sent to JCA for action (copy enclosed in annexure I).

Earlier, the matter was raised in the National Executive Meeting of the Confederation of Central Government Employees and Workers by the undersigned and according to a decision taken in the meeting Shri S.K. Vyas, President Confederation and Member National JCM & NAC had put up the item in the National Anomaly Committee. Unfortunately, this most important issue has not been taken up for discussion in the forum so far.

1. Why the LDC & UDC case become anomaly?

Sixth Pay Commission has denied an appropriate pay structure to the LDC & UDC of Government of India Offices in the light of raising the academic and technical qualification and responsibilities assigned. The officials in these cadres are initiating the official work and made responsible for smooth functioning of the offices, have been granted a simple replacement grade pays. In fact the Grade Pay granted to the post of LDC is only Rs.1900 which is just Rs.100 more than the grade pay of MTS, i.e. Rs.1800/-.  In the mean time the academic & technical qualifications to get selected to the post of LDC have been raised. On the other hand, the Pay Commission has recommended the merger of various group D posts and upgraded their grade pay from Rs. 1400 to Rs.1800 and also given them additional benefit of 3 MACPs to the merged posts. Moreover, all the pre-revised pay scales above UDC -from Accountant to Assistant Administrative Officer- have been merged and granted Rs. 4200 -4600 grade pay.

1.1  Duties/responsibilities assigned to the LDCs in the Non CSCS office:

As per the Staff Selection Commission notification Lower Division Clerks are entrusted with routine nature of work, for example registration of Dak, maintenance of section diary, file register, file movement  register, indexing and recording of files, typing, comparing, dispatch, preparation of arrears and other statements etc.

Whereas in practice,  most of the Non CSCS office (where total staff strength is not more than 100) has been allocated with average one Administrative Officer, 1-2 Assistants, two UDC and 3 to 4 LDC.

(A) And in a normal Non CSCS office, it has 5-6 major sections which could only be allocated to UDC & above as per the DoPT guide lines, viz.
(i)   Accounts Section-I (where, various payments are processed and released, Income Tax, Budget,  NPS, monthly Expenditure Statement, reconciliation are done),
(ii) Store & purchase Section,
(iii) Establishment Section (where service records, leave and other personal matters are processed),
(iv) Bill Section, where various kind Bills have been scrutinized for passing etc.
(v)  RTI, Court Cases, handling of Audit Para etc.

(B) In addition there are other sections viz.
(i)Accounts/Cash Section-II(to Assist the Accounts Section I in discharging their day to day duties, disbursement of cash and maintenance of related registers, cheque books, postage stamps etc), (ii)Dispatch & Diary, (iii)loans & Advance, (iv)typing, maintenance of library, file register, file movement  register, indexing and recording of files, comparing, preparation of arrears and other statements etc.

Since the number of UDCs sanctioned is much lesser than the actual requirement, LDCs are posted in the major section as given under ‘A’ above. Thus in contrary to the nature of duties of LDC as given in the DoPT manual as well as the Staff Selection notification the quality and quantity of work done by the LDC & UDCs are much higher in these offices. The officers are only taking decision on the file put up by the LDCs/UDC on all the matters.

1.2 Position in Indian Railways:

In Railways also, the Junior Clerk & Senior Clerk are even used to allocate the duties identified for the post of OS-II/Head Clerk and made them responsible for the area of work assigned. Junior clerks are allocated route administrative matters/independent section wherein noting drafting, typing in computer etc are involved. The young, dynamic persons with reasonable academic and technical qualification join on the post of Junior Clerk are capable to take up any kind of assignment and the administration identifies the capabilities of these young chaps and allocates work with higher responsibilities accordingly. Some instances of work allocated to them are as follows –

(1) Preparation of staff muster roll and sending it for salary payment to staff. (2) Issue of Pass/PTO/MCTO etc. (3) Dealing with Railway Quarters & House Rent Allowance case. (4) Issue of Medical card/Identity card etc. (5) Keeping up date knowledge of Railway Establishment Serials/Rulings. (6) Matters related with training, Joining, Transfer, Promotion, Retirement etc. (7) Monitoring of Stock & Non-stock, Requisitions related to Store section and Rolling stock section. (8) Ensuring all the records related to Stores & Establishment Section. (9) Monitoring & processing of challans, Condemnation. (10) Dealing with cases related to PNM Items, D&A cases, Court cases, Inspection Notes, Theft Cases, IOD Cases, & Stock verification (11) Different works of technical data entry and computer related work

1.3 Data Entry Operator (DEO) & LDC

In accordance with the recommendation of 6th Pay Commission, Government India has raised the academic qualification from Matriculation to 12th class pass or equivalent and technical qualification of typing from manual typewriter to sophisticated computer for getting selected to the post of LDC through Staff Selection Commission. It is to be noted that typing on computer is far different from the typing on typewriter because for typing on computer one should have the knowledge of the operation of computer for which one required to undergo a computer diploma programme.

The academic qualifications required for both LDC & DEO are the same i.e. 12th class pass or equivalent. As regards the technical qualification the candidate appearing for the post of LDC requires 10500 KDPH/9000 KDPH English and Hindi typing respectively on computer whereas the candidate appearing the DEO requires 8,000 KDPH on Computer. But the grade pay granted/fixed for the post of LDC is 1900 and the same for DEO is 2400. Moreover, the DEO has only to entry the readymade data given to them whereas the LDCs have to create data/draft letters and then to type on computer, putting up the matter through file note with justification with the support of rules and procedure.  Thus LDC does more work in qualitatively and quantitative terms with less grade pay than that of the DEO.

1.4 LDC & MTS

Even though the raising of academic qualification of MTS from 8th Standard to Matriculation, duties prescribed for the earlier Group D and the present MTS are the same.

Whereas the academic & technical qualification of the LDC have been upgraded and assigned heavy responsibilities on them by the office concerned. Majority of the persons selected for the post are graduates and even post graduates and qualified to handle any kind of assignment. The job profile of the post has undergone significant changes after introduction of modernization in Government offices. Now, computers have taken the place of typewriters.

During the 5th Pay Commission, pay scale S-1 to S-4 were granted to the group D posts and pay scale S-5 was granted to LDC i.e. one step above than the pay scale of the Group D posts which never crossed over the pay scale of LDC. In the 6th Pay Commission the pay band of MTS (formerly group D), LDC & UDC are same and Grade pay of LDC is 1900/ and that of MTS through MACP is 2400/.

2. Massive support from web sites publishes Central Government Employees’ issues:

Meanwhile, various web sites which are exclusively  publish the issues of the Government Employees’ have given enormous support on the upgradation of the grade pay of the LDC & UDC and  published all important correspondence in this connection. Hundreds of LDC and UDCs and other central Government employees registered their comments in support of the issue in these web sites.

3. Upgradation of the Grade Pay of LDC/UDC by the Rajasthan/Punjab/.Himachal Pradesh & Haryana Governments:

Rajasthan government had set up Shri Govind Sharma committee to study the upgradation of the grade pay of LDC & UDC. Following a very positive recommendation from the Committee the Rajasthan Government has raised the grade pay of LDC and UDC from the Rs. 1900 & 2400 to 2400 and 2,800 respectively. Also the names of posts ‘Lower Division Clerk’ and ‘Upper Division Clerk’ have been changed as ‘Clerk grade-II’ and ‘Clerk grade-I’ respectively. Similarly, the Punjab, Himachal Pradesh and Haryana Government have reportedly upgraded the grade pay of LDC & UDC.

4. Conclusion

Sir, while taking up this issue, I have got tremendous response from LDC UDC as well as  other sections of the various central Government Departments including Railways and Defense. Dozens of phone calls, e-mail and letter through post are being received on daily basis in support of the demand.

Each and every one who has written me had emphasized that Government of India Offices especially the subordinate offices are functioning smoothly virtually due to the fact that LDCs & UDCs are shouldering heavy responsibilities. But the Pay Commission has not considered equal pay for the work done by them. This has been a demoralizing effect on the already   desperate young and talented cadre in the Government offices.

From the above it is evident that the upgradation of the grade pay of LDC & UDCs is a genuine issue. We, therefore, justifiably request you to put a case for revision of Grade Pay of LDC to Rs. 2400/ and that of UDC to Rs. 2800/. It is to be noted that cases of several cadres in the Administrative branch were considered and favorable decision was taken by the 6th CPC but the case of LDC & UDC were left out. The LDC and the UDC also deserve higher grade pays than the present one, to commensurate with the qualifications and assignments attached to these posts after the implementation of the recommendations of the 6th Pay Commission.

I conclude this letter with two comments among the hundreds of comments written in favour on various web sites as follows.

(1) “Whether letter sent to the DOPT regarding the upgradation of grade pay of LDC and UDC will be considered or not. We are poor LDC and UDC. Nobody has time to understand us. Everybody tries to have best of comforts, income and all other facilities to the higher class of employees. The lower levels of employees are doing hard works. Among them there will be graduates and postgraduates along with few numbers of SSLC or Plus Two or pre-degree qualified. But whatever may be the qualification of the higher class, whether SSLC or PDC or Plus Two, there is no problem. Everybody will get enough. But in the case of LDC and UDC they have to suffer a lot- A lot of financial burden. Try to make awareness among the high powered DOPT about our problems”.

(2) “Many many thanks for your kind efforts taken for the betterment of the Clerical Staff working in the Sub-ordinate Offices of the Govt. of India. The GOI’s stepmother treatment towards the Clerical Staff working in the Sub-ordinate Offices must be stopped. There should be parity between the CSCS & the Clerical Staff working in the Sub-ordinate Offices of the Ministry. We have seen that the Govt. has wisely protected the CSCS by implementing NFSG Scheme & Cadre Restructure after the VIth CPC. But the same procedure has not been extended to Sub-ordinate services. Once again many many thanks Sir.”

In view of the above, we seek your kind personal intervention for getting a favorable decision to revise the GP at Rs. 2400/ and 2800/ respectively to LDC & UDC.

Thanking you

Yours Sincerely
Encl: As above
(TKR Pillai)
General Secretary
Mob. No. 09425372172

Source: http://aiamshq.blogspot.in/

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