Irregularities in Group-B to Group-A promotion and fixation of batch (DITS) of DPC panels 2010-11,11-12 of electrical 100 officers. (a case at C.A.T/LKO bench by IRSEE 06 batch)

Steps in promotion and fixation of Batch Step-1: Initiation of the DPC panel by AM(Staff), sending it to UPSC for clearance. Step-2: After UPSC clearance, the date which is called as Group-A entry date , will be put up for President approval through ML/MS to MR. and after MR approval notified in Gazette that these officers are now treated as Group-A officers from the effective date 10.07.2012

Step 3: calculation of DITS (date of increment in Time scale) which decides the batch, entire career of the Officer since officer having earlier DITS is being the senior. In this step only irregularities taking place mainly because the related “note” is being approved at JS(E) level only ( not put up to ML/MS/MR).

What wrongs in Step 3: Para 209(A) of IREC vol1 – says only President is competent in all Group-B to Group-A promotions matters. BIG Mistake : Only US(D&A) initiating the note and JS(E) approving it , related to fixation of Batch(DITS) of service vis-à-vis UPSC direct officers. He even overrided the administrative decision taken in the initial note approved by AM(staff) to give 4 years weightage . In this present case ,5 years weightage given to all 100 officers , DITS as 10.07.2007 , placed above IRSEE-2006 batch(As DITS – 10.12.2007).

What wrongs in Step 3: DITS is to be calculated as per Para 334 IREM which is as fallows. “(ii) The DITS of the officers, shall be determined by giving weightage based on: (a) the year of service connoted by the initial pay on permanent promotion to Group 'A' service; or (b) half the total number of years of continuous service in Group 'B', both officiating, and permanent;  whichever is more, subject to a maximum of 5 years

How wrongs done in Connotation of pay? In respect of officers less that 10 years of service in Gr-B, they have simply collected the pay particulars on date 10.07.2012 and compared with the simple figure Rs 18950 as a cut of pay, for allotting 5 years weightage. Basic Mistake 1: No where mentioned is it included Grade pay or not ? . As per 6th PC – pay means pay in pay band + Grade pay- only.

How this cut of pay is arrived by JS(E)? Mistake 2 : As no RB letter exist in this cut of pay regard, they made their own formula. Initial pay of Group-A officer is Rs 15600+5400=21000 for this they thought that add every year one increment (3%) upto 5 years and then it comes to Rs 18950+5400 = 24350, means if his pay crosses on the date of Group-A entry date 10.07.2012 , the Rs 18950 he will be given 5 years weightage straight away.

What should be actual cut of pay for giving 5 years weightage on connotation of pay Must Compare with Direct Gr-A officers year wise pay On Joining he will get - Rs15600+5400 = 21000 1st yr - Rs16230+5400 = 21630 2nd yr- Rs 16880+5400 =22280 3rd yr- Rs 17550+5400 =22950 4th yr- Rs 18950 +6600 = 25550 ( SS – promotion) 5th yr- Rs 19720+6600 = 26320 ( this must be cut of pay for 5 years weightage)

Is it connotation of pay applicable to all? RB made a Scheme ““ Up gradation of pay for the 80% of group-B officers after just 3 years completion in the Grop-B service ,salaries at par with Group-A officers” (RBE 93/2003) To nullify the effect of undue advantage of this hiked pay in DITS calculation which based on the pay, it clearly mentioned 6.2 : For the purpose of promotion to Group 'A'/Junior scale, the placement of officers in the higher scale of Rs. 8000-13500 may not be given any weightage, as is the position in the case of Group 'B' officers who are placed in the Senior Scale of Rs. 10000-15200 on ad-hoc basis. So- clearly not applicable to those who are benefitted under this scheme as DITS is a part of Gr-A promotion only.

Mistake 3 JS(E) does not considered this scheme at all, in his NOTE, while allotting the 5 years weightage to all. Surprisingly all the 100 officers benefitted under this scheme as per their pay particulars , definitely their pays are hiked pays , hence their pay cannot be taken for granting the weightage based on “connotation of pay ”. But –JS(E) taken the pay particulars to give 5 years weightage is a Unpardonable Mistake.

Case study 1: As per the administrative decision taken before sending it to UPSC by AM(staff) in the initial approval note of combing two DPC panels of 2010-11 & 2011-12 , clearly mentioned at 4.1 para that , most of the officers completed 8 years hence they can get 4 years weightage. Subsequently they should get DITS as 10.07.2008 and to be placed bellow IRSEE-2006 batch ( as DITS 10.12.2007)

Case Study 2: (without connotation of pay rule – as all got benefitted under the scheme ) Out of 100 officers only 16 completed 10 years of service in Gr-B and they can get 5 yr weightage as per rule2. This 16 will get DITS as 10.07.2007 ( 5 yr back from 10.07.2012) and can be placed above IRSEE-2006 batch ( DITS-10.12.2012) and all other 84 officers must be bellow IRSEE-2006 batch only.

Case study 3: (Even considering the connotation of pay rule also ) Based on Salary particulars of Mr.BK Kisku, SECR, sl no 38 of 100 Month/Year Pay + Grade Pay Remarks July 2007 Rs 8000 (In scale of 7500-250-12000) Oct 2008 Rs. 15700 + 4800 = 20500 July 2009 Rs. 16980 + 5400 = 22290 Benefitted under up gradation scheme July 2010 Rs. 17660+ 5400 = 23060 July 2011 Rs. 18360 + 5400 = 23760 July 2012 Rs. 19080 + 5400 = 24480 (Rs 19720+6600 = 26320 not yet crossed actual cut of pay for 5yr ) Group-A confirmed in this month only ie 10.07.2012

Case study 3: cont--- Mr.BK Kisku, SECR, sl no 38 of 100 , will get only 4 years weighate as per connotation rule with actual cut of pay. As per half the service rule ( Gr-B service 7Y-4M) – he will get 3 yr-8 M weightage. Finally he can get 4 years weightage only and DITS will be 10.07.2008. Hence, 1 to 37 candidates can get 5 years,with DITS 10.07.2007, can be placed above IRSEE-2006 batch (DITS 10.12.2007) Remaining(38 to 100), with DITS 10.07.2008 must come bellow IRSEE-06 batch, based on the rule ““The DITS of the junior officer(s) in any Railway shall not be earlier than the DITS of his immediate senior in the same panel”.

Conclusions as per three case studies. As per AM(S) note, all 100 officers to be placed bellow IRSEE-2006 batch as they get 4 years weightage. OR As per up gradation scheme all are benefitted and no weight age on connotation of pay rule, hence 16 above & 84 will bellow to IRSEE-2006 batch. As per with connotation rule , with actual cut of pay , 37 above & 63 will bellow to IRSEE-06.

CAT/LKO – present status CAT/LKO asked the Secy/RB to submit reply by 22.08.2013 in this regard. Mean time RB – recently cancelled (on 24.07.2013) the DPC panel(100 officers ) itself and issued the new DPC panel with 101 officers with minor modifications. Calculation of DITS , batch fixation not yet issued. Reply to CAT/LKO also not submitted since the Railway Advocate/CAT/LKO is under Sanctioned SICK leave.

Further points to think To protect the IRS cadre by FROA

Point to Think: Compare in take in IRSEE cadre though UPSC,DPC Year UPSC DPC 2003 5+ 45 ( Effected Batch: 2000) 2004 10+ 45 ( Effected Batch: 2001) 2005 15+ 45 ( Effected Batch: 2002) 2006 25+ 45 + 45 ( Effected Batch: 2003) 2007 30+ -- 2008 35+ 55 ( Effected Batch: 2004) 2009 40+ 55 ( Effected Batch: 2005) 2010 45+ 55 + 55 ( Effected Batch: 2006) 2011 2012 50+ 55 + 55 (under process) Total 10 years 300+ 510

Future implications if not acted now The Present scenario is , the 5 years Group-B experienced candidate also getting 5 years weightge based on connotation of pay rule- there is no difference in UPSC exam & Zonal exam. In this a good example is : Mr. Ganga Raju , SCR – got Gr-B in June 2003 and got Gr-A/DITS in same June- 2003. His batch fixed as IRSEE-2003. Surprisingly he is younger than the Direct IRSEE-2003 batch officers. Presently he is JAG ,having 24 years remaining service, and He will sure retire in 2036 at PHOD level. In future , even 1/2/3 years completed in Gr-B also gets 5 years weightge based on connotation of pay rule- Then the Zonal Exam is more power full than UPSC.

Future implications if not acted now If this miscalculations/misinterpretations continues--- Group-B getting Gr-A at the average ages of bellow 25/30/35 years, they will become HOD’s in the year 2025 onwards. DRM’s in the year 2030 onwards. PHOD’s in the year 2035 onwards. GM’s – in the year 2040 onwards. Members- in the year 2043 onwards. CRB – in the year 2045 onwards.

Drain of Railway Wealth Based on the superlative analysis it is found that , these mistakes in DITS calculations is being done since 5 or 7 years. Totally, including the all the 8 services, about 2500 to 3000 Gr-B got undue benefit in DITS calculations and most of them will retire in SG and above , which is a huge burden on IR. It seems all the mistakes done deliberately to make Gr-B to retire in SG/above to get much comfort of pension in PB-4. There is drain of about 5 Crores /annum in pension in this case and further increases as retirements go on in Gr-B.

What to do – to protect IRS cadre to become worst?? RB hiked the salaries of group-B officers by special scheme, indirectly nullified the effect of hiked pay in Gr-A promotions/DITS, but Suitable clear cut amendment not yet done to avoid misinterpretation, on the IREM, Vol2 , para 334. Also the proposal to give 5400 grade pay just after entry in Gr-B should be dropped since it also effect the DITS calculations. ( Actually this proposal rejected by Finance Ministry recently).

Para334 : Amendment required as “(ii) The DITS of the officers, shall be determined by giving weightage based on: (a) the year of service connoted by the initial pay on permanent promotion to Group 'A' service, if the candidate not benefitted by 80% upgradation scheme or any other pay related spl schemes ; or (b) half the total number of years of continuous service in Group 'B', both officiating, and permanent; whichever is more, subject to a maximum of 5 years; provided that the weightage so assigned does not exceed the total non-fortuitous service rendered by the officer in Group 'B'.

Thank you one and all for giving the Golden Chance (Naveen Kumar & Srivastava) On behalf of IRSEE-2006 batch