Anomaly in fixation of pay of Loco Supervisory,

No.E(P&A)II-2008/RS-37                                                           New Delhi, dated                 10.06.2014.

The General Secretary,                        The General Secretary,

A.I.R.F.                                               N.F.I.R.,

4, State Entry Road,                           3, Chelmsford Road

New Delhi.                                          New Delhi.

Sub:     Anomaly in fixation of pay of Loco Supervisory, Staff appointed prior to 01-01-06 with reference to their juniors appointed after 01-01-06 and drawing more pay than seniors.

Attention is invited to the minutes of the meeting held by the Board with the Federations on 07.02.2014. The subject noted above was one of the issues raised in the aforesaid meeting and in the minutes, it has been stated that – “As regards the issue of Loco Inspectors, the 6 (six) zones viz., Central, South Central, WCR, ECoR, NWR and NE Railway may also implement without delay”.

In this regard, it is stated that as per records available in this office, orders on stepping up of pay, vide Board’s letter of even no. dt. 24.07.2009, have been issued to all the zonal railways for uniform implementation, only on fulfilling the conditions stipulated therein. The conditions stipulated in the Board’s letter dt. 24.07.2009 have been reiterated to all the zonal railways time and again.

Many court cases have been filed at different levels seeking stepping up of pay in dilution of the conditions. In one SLP matter (SLP[C] 5901/2013), the Hon’ble Supreme Court dismissed the SLP vide their order dt. 11.2.2014 without going into the merits of the case and leaving open the question of law concerning the interpretation of the relevant Rules. This matter is being examined in consultation with LA, Railway Board/ Central Agency Section for filing review before Hon’ble Supreme Court.

Another SLP bearing No. CC 1514-1515 of 2014 has been filed, which was heard on 7.2.14 when the Hon’ble Supreme Court ordered for issue of notice and granted stay in the matter. This factual position was informed to all the zonal railways vide Board’s letter dt. 28.2.2014.

From the above, it is evident that stepping up of pay is admissible subject to fulfillment of specified conditions which is uniformly applicable to all the zonal railways, moreover the Hon’ble Supreme Court of India has not yet decided the issue on merits as on date, hence the matter is sub-judice.

For Secretary

Railway Board