1. Extension of facilities to this Association at par with the Trade Unions.
All India SC/ST Railway Employees Association is a welfare organization and always take active part in social and national activities. This association was registered on 19th of Sept. 1959 at New Delhi. The Railway Board has already been recognized, this Association for welfare activities by granting few facilities to look after the benefits of SC/ST Railway Employees. This Association is completed more than 50 years in welfare activities and dealing with near about 3.50 lacs SC/ST Railway employees in all over Indian Railways. The organization of this Association had organized upto Branch level, But the facilities provided to this Association during these half century are too less in comparison to other trade unions. Therefore, the facilities are required to be extended to this Association for the welfare of SCs/STs:-
(i) Grant full recognition to this Association.
(ii) Minimum 2 PNM meetings at Board/Zonal/Divisional/Workshop level.
(iii) Previously, the Parliamentary Committee on the Welfare of SCs/STs has been recommended Monthly Informal Meeting at Zonal/Divisional/Workshop level and the Ministry of Railways have already been accepted the recommendation but subsequently withdrawn by the Railway. Please restore Monthly Informal Meeting at all level.
(iv) At present the Card Pass facility is only for three office bearers i.e. for President, General Secretary & Additional General Secretary of CEC & Zonal President & Zonal Secretary of ZECs. It may please be extended for all elected office bearers upto Branch level.
(v) As per bye laws of this Association and Railway Board’s instructions, the Annual Convention & Election of Committees and quarterly meeting of Association from Central level to Branch level are required. But the Special Casual Leave & Special Passes to attend above meetings are not provided at all levels as provided to the trade unions & other Associations. Please grant Special Casual Leave & Special Passes to attend such meetings.
(vi) The Office Bearers of this Association are being transferred frequently, which adversely affects the smooth functioning of Association. The Office Bearers of this Association should not be transferred without consent of Zonal President and Zonal Secretary of Association as done in case of office bearers of trade unions.
(vii) As per Railway Board’s instructions the representation of this Association are being entertained. But the compliance of representations is not being communicated in writing to this Association. Reply and compliance of Association’s representations may please be communication in writing to this association.
(viii) The matter of staff welfare are decided in the PREM meeting, Pin Pointing of post meeting & SBF meting etc. but the participation of Association in such meeting is not provided. Please allow Association in above meetings along with the trade unions to look after the interest of SC/ST Railway Employees.
At present the CUG Mobile Phone facility is provided upto the all supervisors but this facility is not provided to the office bearers which is required for better liaisoning/communication with the officials. Please provide this facility to the office bearers of this Association. extra pass to the
2. Age limit for posting of DRMs and certain others important posts on the Railways.
A policy is being followed by the Ministry of Railways (Railway Board) in respect of posting of Divisional Railway Manager. The Railway Board has fixed 52 years upper age limit with havening minimum 22 points in last five yers ACR, having no vigilance case for posting as DRM. It is also decided that only six officers will be empanelled from each batch, though is well known by the Railway Board that SC/ST officers always find place at the bottom in the panel. This decision of the Railway Management deprived many deserving SC/ST & OBC officers from getting post as DRMS as the officers from these communities enter the service late because of the relaxation in the age limit. Again as a policy an officer can not become General Manager unless he has worked as a DRM. This is resulting in discrimination against the competent and deserving officers from these communities because of the age only negligible number of officers was posted as DRMs in the last 10 years
3. Revise the percentage of reservation as per percentage of population.
The Parliamentary Committees on Scheduled Castes and Scheduled Tribes since their beginning have also been submitting their Reports to the Parliament on various ministries and departments. All these put together, the recommendations for the improvement of Scheduled Castes and Scheduled Tribes to bring them into the national mainstream, must be running into thousands. The action from the departments is of a very dismal nature, sometimes very hostile too. Though as per 1991 Census, the percentage of SC population in the country has increased from 15.47 per cent to 16.33 per cent and in the case of Scheduled Tribes from 7.85 per cent to 8.08 per cent, the Government of India is still continuing to follow the old percentages of reservation in all the orders.This needs to be revised immediately at least as per the 2011 Census.
4. Passing of Reservation Act & kept it in 9th Schedule of the Constitution of India.
It is noticed that the reservation policy in favour of SCs & STs is being challenged in the various courts which unable to implement the constitutional provisions in favour of these downtrodden communities. Previously, the 40 point roster system was challenged and introduced post based roster due to court’s interference only. The issue of fixation of seniority of SCs/STs was challenged and finally protected through 85th Constitutional Amendment. The issue of reservation in cadre restructuring was challenged in the various court’s and finally protected through a SLP filed by this Association in the Hon’ble Supreme Court.
Therefore, Association emphasizes the need for early enactment of the Reservation Act, which would systematize the implementation of reservation policy. This Act should be kept in the 9th Schedule of the Constitution so that it is not open to frequent judicial interpretation.
5. Reservation in Private sector.
A stage has reached where all corporate bodies established under any law including the Indian Companies Act, the Societies Registration Act, Corporative and such other organizations which may be taking advantage of institutional finance, partly or wholly, including those established with foreign collaboration should be obliged to give due representation to members of the SCs and STs in the employment opportunities under them. The scope of due representation to members of SCs and STs should be extended to other private organization also in stages..
6.Stop the unjustified practice of privatization and introduction of Contract system on Railways.
The unjustified practice of privatization/outsourcing and introduction of contract system on Railways kills the privileges of SC/ST employees, because there is no reservation provision in the Private Sectors. The one of the basic object of Indian Railway is the Welfare of Indian citizens and due to privatization/outsourcing these objects are being damaged. The main object of reservation for Scheduled Castes & Scheduled Tribes category is to give proper representation to these communities in Govt. Services, which also violating by the Railway Administration through unjustified privatization/ outsourcing and introduction of Contract system on Railways without considering the safety point of view, which is the prime interest of the Railways.
Therefore, Association is strongly condemn the privatization/ outsourcing attitude of Govt. and requested to stop the privatization/ outsourcing system immediately.
7.Non filling up of Backlog vacancies in Group 'C' & 'D' categories-
There are so many backlog vacancies available in Group 'C' & 'D' categories on all over Indian Railways. The vacancies reserved for SC/ST categories are frequently filling up from general categories without any de-reservation and the reserved vacancies are continuously surrendering, which is against the reservation policy. The figures of Backlog vacancies are also not calculated as per Railway Board's directives; same may please be checked through a special inspection team of Railway Board with original record of reservation rosters etc. in association with the Office Bearers of this Association.
Please arrange to fill up the backlog vacancies of Group 'C' & 'D' categories through special drive and the reserved post should not be surrendered and should not be filled from the general category.
8. Non-implementation of L-Type roster system in the cadre of single post
The Railway Board has issued instructions vide letter No.97E(SCT) 1/25/4 dated 18/07/2005 (RBE No.118/2005) that reservation will not apply to single post cadre which is incorrect because there are so many cadres of single post on Indian Railways against which the general category candidates are enjoying promotions and the SC/ST Railway Employees are depriving from their legitimate rights. Please arrange to implement the L-Type roster system in the cadre of single post.
9. Reservation provision in the ex-cadre posts.
As per DOP&T's instructions the reservation does not apply to the ex-cadre posts filled by deputation which deprive the SC/ST Employees & Officers from their legitimate rights. The reservation provision may please be provided in the ex-cadre posts such as Vigilance Inspectors etc. because the SC/ST Railway Employees & Officers are being harassed by the Vigilance Department by framing false cases against them with prejudice mind.
10. Reservation in promotion upto all levels in the Gr. 'A' services.
In its Fourth and Fifth Reports, National Commission for SCs & STs had recommended that the reservation in promotion should be extended to all levels in all classes of posts by modifying the DoPT O.M. dated 13-08-1997. In Sixth Report, Commission reiterated its recommendation to enable that the most downtrodden sections of the society to get their due share and opportunity to contribute in the governance. Please arrange to provide reservation in promotion upto all levels in the Gr. 'A' services.
11. Unnecessary harassment of SC/ST officers at the time of posting in Group 'A' Services on Indian Railways..
As per existing instructions of Govt. of India, the Officers belonging to SC & ST categories should be posted near to their native place to avoid the hardship to them. But, these instructions are not being followed at the time of posting of SC/ST candidates in Group 'A' Services on Indian Railways. The Group 'A' SC/ST Officers selected through UPSC are being posted in N.F.Railway i.e. in Eastern States area though they are belonging to Northern, Western and Southern India and the General category candidates are being posted on their choice Railway i.e. home Railway.
Therefore, in the larger interest of SC/ST Societies, Association would like to requested your kind honour to ensure that the Group 'A' Officers selected through UPSC should be posted near to their home town/native place and they should be allotted/posted to the N.F.Railway upto the maximum of 22.1/2% instead of upto 73%, as per prescribed percentage of reservation for these categories and the restriction of ten years of service tenure in N.F.Railway may kindly be reduced to 4 and 1/2 years only (Including 1 and 1/2 years of training period). It may also please be ruled that the SC/ST officers of Group 'A' services must not be posted at a radial route distance of more than 1200 KMs from their home town. The above modifications will not hamper the administrative interest of Railways because much of the flexibility will still remain with the Railway Administration.
12.Reservation for Scheduled Castes & Scheduled Tribes in Engagement of Casual Labours/Substitutes.
On the recommendations of Parliamentary Committee on the Welfare of Scheduled Castes & Scheduled Tribes, the Railway Board has issued instructions letter vide letter No.E(SCT)15/58 Pt.J dtd. 28/09/81 to intake of adequate number of SC/ST candidates as per prescribed percentages of reservation at the time of engagement of Casual Labours/Substitutes so that at the time of their screening for filling Class IV posts against regular vacancies, there is no dearth of reserved community candidates. But these instructions have not been followed by the General Managers.
It comes to the notice of Association that a large number of substitutes in Group 'D' categories engaged during the last six years without any notification or other formalities in which the prescribed percentage of reservation for SCs/STs not followed. Association has already been raised the above issue at Zonal Railway level & Railway Board level but they are not considering the same.
Please ensure intake of adequate number of SC/ST candidates as per prescribed percentages of reservation at the time of engagement of Casual Labours/Substitutes by the GMs.
13.Avenue of promotion for the post of Safaiwala categories and other facilities to them.
Please increase the promotional chances to the Safaiwala category alongwith the other Class IV staff and ensure better life standard by granting them allowances & other facilities. They should be treated as skilled labour and granted pay scales accordingly. Relaxation in educational qualification for recruitment on compassionate ground in the Safaiwala categories may please be granted to the candidates of safaiwala community.
14.Non-implementation of Railway Board's transfer policy of SC/ST Railway Employees by framing illegal local transfer policies at Zonal/ Divisional level.
As per Railway Board's order SC/ST Employees should be posted near to their native place and if a vacancy is available on same station, they should be posted on same station on promotion and they should be transferred very rarely and for very strong reasons only, But the above orders are not being implemented on the Zonal Railways and superseded by several illegal local transfer policies framed at Zonal Railway/Divisional level.
Please arrange to issue clear cut instructions to the Zonal Railways to post the SC/ST Railway Employees near to their native place, they should be posted at same station on promotion if vacancy is available on same station, they should not be transferred out in same grade and the local policy should not be supersede the Railway Board's policy.
15. Illegal policy issued by the Railway Board for mutual transfer of SC/ST Railway Employees.
In terms of extant procedure vide para 102A, 310 and 312 of Indian Railway Establishment Manual, Vol.I 1989 read with administrative instructions issued from time to time, request transfers are allowed from one seniority unit to another on mutual exchange basis in any grade on own seniority or seniority of the employee with whom the exchange takes place whichever of the two is lower. The above provisions have been modified by the Railway Board vide letter No.E(NG)I-2004/TR/16 dated 14/08/2007 that transfers on mutual exchange basis should be allowed between employees belonging to the same category (i.e. General with General, SC with SC and ST with ST) which is against the basic rules of mutual transfer because the mutual transferred SC/ST candidates are being adjusted finally against the reserved roster points.
Please arrange to withdraw the above modification immediately and allow mutual transfers of SC/ST candidates with general candidates also.
16. Non-imparting of a sufficient & proper pre-selection training to the eligible SC/ST Railway Employees.
On the basis of recommendations made by the Parliamentary Committee on the welfare of Scheduled Castes & Scheduled Tribes as well as by the National Commission for Scheduled Castes & Scheduled Tribes, the Ministry of Railways have issued instructions to impart pre-selection training exclusively to the Scheduled Castes & Scheduled Tribes candidates to enable them to qualify for promotion to the posts in Safety/Technical Category. But the above instructions are not being followed by the Zonal Railways & Production Units properly. The Pre-Selection training is not being given to the SC & ST candidates properly for a sufficient period at suitable training centre by the trained instructors with a prescribed syllabus which cause non-qualifying of SC & ST candidates in the selections.
17. To remove the five time limitation in calling for selection for promotion to the reserved posts in Group B cadre.
There are so many reserved Group 'B' posts which are to be filled up through selection are lying vacant due to non availability of required number of SC/ST candidate within the zone of consideration. Therefore, the five time limitation in calling for selection for promotion to the reserved posts in Group B cadre may please be removed and allowed the required number of SC/ST candidates available in the lower grades upto the bottom of seniority.
18. Appointment to the Diploma holder Trainees as substitute in Group 'D'category under Apprentice Act 1961 and illegal removal of services of substitute engaged under Apprentice Act 1961.
The applications were invited from the Divisions/Workshops for appointment of Apprentices as substitute in Group 'D' services but the diploma holders not considered though they are having higher qualification and willing to work in Group 'D' services. Now, the Railway Board has clarified that the diploma holders should also be considered for appointment as substitute in Group 'D' categories but the Zonal Railways & Production Units have not been appointed such diploma holders. Please appoint the diploma holders as substitute in Group 'D' services and arrange to award justice.
19. Functioning of Reservation Cell at Railway Board.
The Reservation Cell which was earlier set up to look after the interests of SC/ST employees, has now been entrusted with reservation matters in respect of OBCs and Minorities too, which is simply against the spirit for which it was set up. The original idea to set up a Cell was to mainly assist the Liaison Officer appointed specifically to oversee SC/ST matters and to discharge his duties effectively. It should not, therefore, be proper to convert this Cell meant for SCs/STs as Reservation Cell for OBCs and Minorities as well. The nature of problem and the basis on which reservation is being provided to SCs and STs are completely different from that of OBCs and Minorities. By entrusting the extra work relating to OBCs and Minorities, the Cell would not be able to give proper attention to the interest of SC/ST employees for which it has been set up. The Parliamentary Committee on the welfare of SCs/STs have already been recommend that the workforce posted in the Cell should exclusively be engaged in work relating to the welfare and interests of SC/ST employees and that the Liaison Officer should also not to be entrusted with the work relating to OBCs and Minorities.
20. Appointment in other categories of direct recruits declared medically unfit
Railway Board vide there letters No.E(SCT) 58CM1/2/13 dt.25.11.1958 & dt.10.06.59 and letter No. E (SCT) 15/5 dt. 13.02.1976 have given instruction to the Railways that " The Scheduled Castes & Scheduled Tribes direct recruits selected for a particular category, if declared medically unfit for that category, be considered for such other categories for which they are medically fit and there is shortfall in the reserved quota to be made good under the personal powers vested with the General Manager. These orders were initially issued for Scheduled Castes & Scheduled Tribes candidates only. Later on these were extended to General Candidates. It is seen that these instructions have been withdrawn. It is mentioned that initially these instructions were issued only in respect of SC/ST medically failed candidates and were applied to General Candidate at a much later date. Withdrawal of this provision in case of SC/ST candidate is neither called for nor justified the Board should review this policy and restore the provision for SC/ST medically decategorized candidate for alternative appointment.
21. Vigilance Cases:
Just before the SC/ST officers are due for promotion, anonymous petitions are sent out and stopped their promotions. At least 80 per cent of the vigilance cases are against these officers. A committee of SC/ST senior officers should be constituted to review these cases and do justice along with the Chief Vigilance Commissioner.
22. Revision of Post Based Roster issued by the DOP&T.
In terms of Hon'ble Supreme Court's judgment in the case of R.K.Sabharwal and others, the DOP&T (Ministry of Personnel, Public Grievances and Pensions) was issued a model Post Based Roster is not following the rounding off system. The Railway Board (Ministry of Railway) was issued its own Post Based Roster by rectifying the mistake. Now, the DOP&T has considered the issue and sent a draft Cabinet Note on the issue of revised instructions vide letter No.36012/38/2007-Estt.(Res) dated 05/12/2007 for seeking comments of National Commission for SCs & STs. Now, the Commission is commented favorably after lapse of three years but the DOP&T is not revising the post based roster issued by them. Please revise the Post Based Roster issued by the DOP&T by applying rounding off system as done by the Ministry or Railways.
23. Non-implementation of reservation & relaxation rules in physically handicapped quota of Group 'C' & 'D' category.
As per Rly.Board's letter No.90/E(SCT)1/71/1 of 17/06/94, 02/12/94, DOPT's OM NO.36035/16/94-Estt.(SCT) dated 20/09/94 and 360035/17/86-Estt.(SCT) dated 01/04/86 on the subject mentioned above, in Indira Sawhney case (W.P.No.930 of 1990) the Hon'ble Supreme Court has held that reservation for SC/ST/OBC may be called vertical reservation and the reservation for physically handicapped persons as horizontal reservation, horizontal reservation cut across vertical reservation (in what is called inter-locking reservation) and the persons selected against the physically handicapped quota have to be placed in the appropriate category, if he belong to SC category, he will be placed in that quota by making necessary adjustment and similarly, if he belong to open competition(OC) category (means other general category), he will be placed in that category by making necessary adjustment. Even after providing for these horizontal reservations the percentage of reservation in favor of backward class of citizens should remain the same.
The above issue has been raised before the Ministry of Railways as well as Zonal Railways that the persons belonging to reserved categories, who have appointed on General post on their own merit without relaxation, are not to be adjusted against reserved roster point and as per Railway Board's above letters, the persons belonging to reserved categories, who are appointed on physical handicapped quota have to be adjusted against reserved roster point. Therefore, it is clear that either for SC/ST/OBC, the relaxation marks should be given at the time of recruitment against physical handicapped quota or persons who belong to reserved category and selected for appointment against physical handicapped quota on his merit without relaxation should not be adjusted against reserved roster point.
Please issue necessary instructions to the Ministry of Railways to implement the relaxation rules in physically handicapped quota of group 'C' & 'D' categories as they are being against the reserved point otherwise they should not be adjusted against the roster points as they are qualifying the examinations on their own merit with general standard.
24. Non-Implementation of Recommendations made by the Hon'ble Parliamentary Committee on the Welfare of SC/STs.
The following recommendations made by the parliamentary Committee time to time and accepted by the Ministry of Railways but not implemented at all.
(I) During the oral evidence given by the Ministry of Railways in Jan,.and Feb.1981 before the Parliamentary Committee on the Welfare of Scheduled Caste and Scheduled Tribe the following points were raised by the Committee:-
The Ministry of Railways have accepted the above points suggested by the Parliamentary Committee on the Welfare of Scheduled Castes and Scheduled Tribes and desire that the procedure are scrupulously followed by the Zonal Railways in the case of awards of Catering/Vending Contracts upto 1/2 units.
The Ministry of Railways further desire that in the notices/advertisements for award of all such petty contractors the Zonal Railways should also mention that applications are invited only from Candidates belonging to Scheduled Castes and Scheduled Tribes and applications received from other than Scheduled castes and Scheduled Tribes will not be entertained (Reference Rly.Bd.'s letter No.78/T.G III/6/70 dated 28th Jan.,1981). As directed to the Zonal Railways from time to time vide Board's letter of even number dated 28th July,1978, 11th June,1979 and 28th Jan,1981 the Zonal Railways must obtain prior approval of this Ministry for de-reservation of these contracts giving proposed justification for such proposal indicating inter-alia the results of the earlier notices/advertisements calling for applications from all including Scheduled Castes and Scheduled Tribes, the Railways must give them first preference over other for awards of contracts.
(II) The Committee feel that there is a need to have adequate manpower trained enough in legal matters to present the Govt.'s. view point in most effective way before CAT/Court. It is, therefore, necessary that at each Zonal Railways/Production Units as well as Ministry of Railways therefore should be adequate number of the Chief Law Assts./Law Assistants, who are entrusted for ensuring that departmental counter replies are prepared in such a manner that they are in conformity with the Govt. Policies and duly supported by the precedents as well as decided cases of the Apex Court and this work cannot be done unless and until adequate number of Chief Law Assistant/Law Assistants are inducted in the Reservation Cell.
Accordingly, sanction of the Ministry of Railways is accorded, vide letter No.95-E(SCT)I/80/1 Pt.IX dated 7/10/99 for creation of post of Chief Law Asstt/Law Asstt. Exclusively for Reservation cell either by adjustment or by matching surrender depending on existing cadre structure and workload on the Rlys./Production Units.
(III) The Parliamentary Committee on the Welfare of SC/STs reservation for and employment of SC/STs in S.C.Rly. in their 1st report against Para 1.26 has been observed and recommended as under, which has been accepted by Railway Board. Vide their letter No.96/E(SCT)/I/80/1 Pt.III dated 18/09/19998.
"The Committee should like to emphasis that the roster is the mechanism to watch adequate intake of the Scheduled Caste and Scheduled Tribes in services. The rosters as a matter of fact is a mirror of an institute and should reflect a clear picture. The rosters should, therefore, be properly maintained and checked by the competent authority at regular intervals. A certificate in token of having checked the roster should also be recorded in the register. The committee also desire that the job of maintenance of rosters should be entrusted to the capable and experienced staff to ensure their proper maintenance. If any irregularity is found in the maintenance of the rosters, strict action should be taken against the concerned officers responsible for such lapses".
(IV) The Parliamentary Committee on the Welfare of SC/STs in their First Report(Eleventh Lok Sabha) reservation for and employment of SC/STs in SE Rly. vide para 4.8 has recommended that the Reservation Cell should have a full strength all the time, so that the work of Reservation Cell may not suffer for want of incumbent.
The above recommendation has been accepted, vide letter No.96 E(SCT) I/80/1 Pt.IX dated 15/06/1998. Accordingly, action should be taken to ensure that the Reservation Cells in the Hqrs./Divisions have the full staff strength all the time, so that the functioning of Reservation Cell may not suffer for want of incumbent. But, it is not implemented on the Zonal Railways.
(V) On the basis of recommendation Number 7 (Para No.1.7) of Parliamentary Committee on the Welfare of SC/ST, the Railway Board have been decided that informal meetings with the representatives of All India Scheduled Castes and Scheduled Tribes Employees Association at the Zonal/Divisional level can be held once in a month, if so requested by Association as per earlier instructions circulated vide Board's letter No.88-E(SCT)I/80/2 dated 21/09/1989. The above instructions have been withdrawn by Railway Board vide their letter No.88-E(SCT)/I/80/2 dated 12/07/19998.
25. Seniority of Gr. 'A' Officers should be prepared as per roster point instead of penal position.
26. Adverse ACRs/APARs of SC/ST Officers which effect their promotion should be reviewed by a committee of senior SC/ST officers to avoid unnecessary harassment of them and benchmarking system for promotion should be abolished.
27. Avoid unnecessary harassment of SC/ST Officers by transferring them frequently from Railway to Railway. They should be posted near to their native place and should not be transferred frequently.
28. Secret list maintained by the Zonal Railways should be reviewed periodically by a committee of senior SC/ST Officers.
29. Representation of SC & ST officers should be insured in the CVC & Vigilance Department.
30. The SC/ST officers should also be posted in the PSUs & other Govt. bodies such as MDs etc.