RBE No. 59/2019
(GOVERNMENT OF INDIA)
MINISTRY OF RAILWAYS
No.E(NG)I/2016/PM 1/12 (Pt.) New Delhi, dated April 05, 2019
The General Managers (P),
All Zonal Railways/Production Units.
(as per standard mailing list)
Sub: Merger of three categories of posts in the Commercial Department viz -Ticket Checking Staff (TC), Commercial Clerk (CC) & Enquiry-cum Reservation Clerk (ECRC).
As Railways are aware, consequent to the acceptance of the recommendations of the 7th CPC, Railway Board had issued orders vide RBE 28/2018 regarding the merger of Ticket Checking Staff, Commercial Clerks & ECRCs in a phased manner .
2. It has been observed that implementation of RBE No. 28/2018 has led to reported problems at the field level. The integration of seniority of existing CCs and ECRCs has led to either of the groups feeling aggrieved due to their promotional prospects perceived as getting affected on account of the vacancies in their seniority group being· thrown open to the other category also due to the merger. Nomenclature of the post in GP 4200/- has also been represented against as has the exclusion of only the TC categories from first phase merger.
3. It was also noted that there were several Court cases pending on this, issue , in various Benches of the Hon’ble CAT – in Ahemdabad, Hydrabad, Jabalpur, Calcutta, Jaiput, Ernakulam, Madras and in the Principal Bench, New Delhi. · In some of these. cases, · interim stay orders on operation of RBE 28/2018 and subsequent actions taken thereon have also been issued.
4. It has also been noted that implementation of RBE 28/2018 has also not been uniform as reported from various Railways. In some Railways, vacancies that existed as on the date of circulation of the instructions, i.e. 22.02.2018 in the CC or ECRC group were to be filled up exclusively by employees belonging to that group. Only after this was done, the process of merger of the existing cadre to take place. However, this methodology has not been followed in some other Railways where vacancies that existed in the categories of CC and ECRC have not been filled up by the respective seniority groups prior to merger of the existing categories.
5. Further, subsequent to merger above, general re-allotment of functionalities ordered in some units have triggered staff representation and led to court cases.
6. In the light of the above developments, the instructions issued vide RBE 28/2018 ibid have been reviewed in consultation with both staff Federations i.e. AIRF & NFIR and the commercial Directorate. Accordingly, while accepting the basic premise of the 7th Pay Commission recommendations that the three Commercial Categories of TC, CC and ECRC would eventually require to be merged, the revised methodology of implementing the same has been worked out and is enclosed herewith as Annexure ‘A’.
7. The above revised provisions may be brought to the notice of the benches of the Hon’ble CAT wherever cases have been filed in this regard. Wherever, directions of the Hon’ble Court affect implementation of these revised instructions, appropriate action to get these directions revised/lifted to be done before implementation.
8. It may also be noted that while the methodology implementing merger of cadres would be as in Annexure-A, this would not operate to prevent utilization of existing Commercial staff across functional categories, wherever such utilization is considered inescapable in administrative exigencies.