Grievance regarding Fixation of Pay and Arrears

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49 years 6 months
Submitted by Guest (not verified) on Fri, 25/05/2012 - 11:58

 

From
K. DURGA POLEESWAR RAO,
Retired Chief Controller, H.No.26-44-23/1st floor,
Venkataramana Colony IInd Lane,
Behind Mahatma Gandhi College,
GUNTUR – 522002. Mobile: 08019443692
Mail ID: [email protected].

To
The Secretary,
National Federation of Indian Railway men,
New Delhi.

Respected Sir,’
Sub: Grievances and haraasment
Ref: 1. DLSA/Guntur PG 589/2011 dated 24..12..2011.
2. Sr.DPO/GNT letter No.SCR/P-GNT/661/4/KDPR/63/2010 dated 12..04..2012.
3. My application addressed to the DLSA/GNT sent through Registered post Ack/ Due
Bearing No. A RN627995894IN dated 10th May 2012.

Most respectfully submit that I, Kona Durga Poleeswar Rao, s/o. late Satyanarayana, belong to Turpu Kapu come under BC (D) group from Parvathipuram, Vizianagaram District of Andhra Pradesh state, presently residing in H.No.26-44-23/1st floor, Venkataramana Colony 2nd Lane, Behind Mahatma Gandhi College, Guntur respectfully submit the following few lines for your kind information and necessary action please. It is to submit that I have retired voluntarily on 31st October 2009 due to Heart Disease having 3 major blocks. As per the oral instructions given by the DLSAto send the grievances for disposal which was accepted by the representative on behalf of DRM/Sr.DPO/GNT. Who is neither attmpted to solve my grievance and not attending the DLSA/GNT on 9th May 2012 and 31st May 2012.
It is requested to give item wise replies along with the statements for the money paid with along with their acknowledgements.
It is to submit that even though my self retired in the month of October 2009; despite representations I am not provided with the Pensioner’s ID card and Medical Card till date. It is further to submit that an amount of Rs.10/- were deducted from my settlement amount. The processing of the Pension Papers is to be started from the day of the receipt of the VRS application vide extant railway establishment Rules.
It is to submit that I was under sick list from 16-02-2009 to 08-10-2009 as per SICK and FIT Certificates, dt. 16.02.2009 and dt. 08.10.2009, issued by Senior M.S., Guntur. Immediately after reporting for duty on 09.10.2009, I got the letter of commutation duly forwarded by the DOM/GNT along with the original AMC/DMC bearing No.952273. The same was regularized on 13.09.2010 only after direction of the DLSA/Guntur. I have applied for the due CLS and taken LPR without performing any duty and finally retired on 31st October 2009. Despite of the Legal Notice, dt.08.02.2010 , which was acknowledged on 09.02.2010 along with the Awards given by the Lok Adalat Guntur in O.S.No. 793/2009, on the file of the Prl., Senior Civil Judge, Guntur, dt.21.01.2010 and in O.S.No. 1029/2009, on the file of the 3rd Addl., Junior Civil Judge, Guntur, dt.21.01.2010 for a total amount of Rs. 1,84,942/- was withhold willfully which was released only after the intervention by the DLSA/Guntur in Notice No. 120/2010, dt.24.07.2010. These amounts could have been paid along with the other amounts paid on 26.02.2010 .
It is to submit that I have applied for selection to the post of Section Controller in the year 1986 (as per avenue channel of promotion) from Guards Pool and got qualified in the selection. While coming into the stationary grade I am given a pay element of 30% and fixed in the promotional grade. In the olden days the pay scales of the running staff were too meager and the mileage rates were increased from Rs.6/- to that of 150/-. Despite given the pay element as it is a huge financial loss, the Administration felt it necessary to give Allowance in Lue of Kilometrage for the running staff performing the stationary duties. Now the pay scales of the Mail Guard and the Chief Controller is Rs.9,300 – 34,800, except a slight difference in the Pay Band dt.21.01.2010 . Sri. J. K. Naik who joined into the Guards cadre in the year 1989 is drawing Rs.5,000/- over and above me in the form of Pension. The Welfare Officer Guntur should have referred this anomaly to the Anomaly Committee for redressal.
It is to submit that the Sr.DPO/GNT stated that the P.L.C.No. 120/2010 was dismissed by the Hon’ble DLSA/Guntur where as the said matter was closed for the reason of non-cooperation of the Sr.DPO/GNT which fact is apparent from the record. Sr.DPO/GNT stated that I have represented the APHRC/Hyderabad the case was posted to 11th June 2012. My wife represented the case to the APWOMEN’S Commission who has dismissed the case stating the case pending with the APHRC/Hyderabad. In all the three cases irrelevant replies are given.
1. Fixation of pay:
a. Difference in DA/Increment for January 2006 to March 2006 - not given
b. Normal increment which is to be given in July 2009 - not given
c. As per RBE257/2004 financial up gradation is to be given for an employee who completes 12 years of service in one grade and completes 24 years of regular service dt.21.01.2010 . In my case my date of appointment is 29.07.1976 and I am in Deputy Chief Controller grade in scale Rs.2000-3200 from 22.11.1988 (Sr.DPO/BZA letter No. B/P.535/VI/2 dated 22.11.1988). I have been empanelled to the post of Chief Controller in scale 6500-10500 vide Sr.DPO/BZA letter No.B/P.535/VI/2/Vol.2. dt.12.09.2001). In this case I have been in DY.Chief Controller grade for about 12 years 11 months.
d. RB letter No. FT/8(5)/97-E.III/E.IV dated 29..12..1997 one increment is to be given as per the Vth Central Pay Commission Norms in view of my normal increment fall on 01.01.1996.
e. As per RBE No. 101/2009 MACP is to be given in the intervals of 10, 20 and 30 years of continuous regular service. For this purpose only the date of entry into the railways is to be taken into consideration. Restructuring promotions and selection posts should not be taken into consideration. In my case I am due for financial up gradation in 1986, 1996 and 2006 whereas I am given MACPIII duly ignored MACP I & II.
f. As per F.No. 1/1/2008-IC dt.13.09.2008 I am to be given one increment on 01..01..2006 in the pre-revised scale and then fixation done as per VIth Central Pay Commission norms.
g. As per F.No.7(20)/2008-E.III(A) dt. 24.09.2008 the increment given towards small family norms for 9300-34800 grade employees is Rs.500/- whereas I am given only Rs.250/-. While fixing the revised pension the family planning allowance was not taken into consideration.
h. As per letter No. 38/64/98-P&PW(F) dated 1st May 2012 issued by the Department of Pensions and Public Grievances interest to be paid for the delayed payments @12% by the Commissioner concerned on all the delayed payments .

As per the Railway Board instructions the settlements should be finalized on the day of superannuation/VRS . The Indian Railways were very kind enough to arrange the Pension just like salary following the retirement month . In my case some of the benefits were released in February 2010 and Pension is drawn from May 2010. The delay resulted a case filed on me by money lender in the Guntur Court. I have taken a personal loan from the State Bank of India which was not cleared till date. The SBI authorities have given a legal notice on me for failure to pay the loan amount to which I have replied . Whereas it was stated to the Court that the delay is taken place only due to non cooperation by me needs evidential proof.
It is to submit that I am not utilized in the capacity of supervisor from the formation of the Division till the date of the VRS for the following reasons.
a. Guntur Division is formed on 01.03.2004.
b. As per the instructions of the Railway Board after completion of one year the Division has to procure their own men and material. The same is failed.
c. Not given posting orders as Supervisory in view of 5 Chief Controllers existed.
d. Duty Rosters were given to the TNCs, SCORs and Deputy. CHCs but not to the CHC.
e. I was deputed to work in Time Table duty for a period of two spells 4 months in 2004 and for one month in 2005.
f. Not discipated the duties of CHC in view of 2 CHCs exhisted.
g. The then DOM/Guntur with a view to accommodate my junior as the CHC in-charge at one stage ordered to work under my junior in shift duties. The instructions were revoked only after interference by the SCRES/Guntur.
h. I am given huge banging’s, memorandums shouting for not available round the clock and at no fault of mine I was awarded 36 months increment withheld which was reduced to that of CENSURED by the then ADRM/GNT after personal hearing Sri. G. Kumar senior most CHC to me was posted with a view not to utilize me in the capacity of the supervisor.

i. The clarification letter given by the DOM/Guntur vide letter No.GNT/Optg./T.305/KDP/2010 stated that I am utilized in the capacity of supervisor and in shift duties. Despite the inspection report by the RLC(Central) Vijayawada and his 2 D.O. letters the action is siphon by both the Optg./Personnel Branches The out come of their negligence caused me heart disease ultimately VRS duly foregone huge financial loss in the form of various benefits besides lost a valuable service period of about 7 years and treat the period of sickness as on duty and ex-gratia paid.
2. It was submitted that I have put in up a service period of 33 years and my settlements were finalized without observed the rules concerned as mentioned herein before. The ignorance of the rules prevailed in many ways. For example the selection for the post of AOM/ACM is processed in the month of September 2008 and is to be finalized by December. Despite the instructions to finalize the seniority lists by December every year whereas in this selection delayed till 16-02-2009 duly added the names even after.
3. As per MC16 item 1.(IV) it is clear that the compassionate appoint may be given to the wards of the employees who were crippled while in service due to Heart attack or Cancer. The Railway Board given clearance that even if the wards are highly qualified appointment will be given suitably.
4. Point No. g at page No.2 of the reply submitted by the respondent is not at all correct because my sick period is 16.02.2009 to 08.10.2009.
5. It was mentioned vide item No.(F) that my pensioner benefits were drawn on the last pay drawn Rs.27,390/- but where as my last pay drawn is 28,420
It is come to understand that the respondent willfully delaying in my settlement work. Any further delay will cause serious mishap. Further it is to submit that my case represented to the Ministry of Pensions and Public Grievances vide the registration Number DOPPW/P/2010/18721 dated 28th Oct 2010. The case was with the EDPG Railways since 27th Jan 2012.
It is to submitted that the Sr.DPO/GNT commented that I am of complaining nature. The Sr.DPO/GNT should have not given the room for genuine complaint. In the light of the facts submitted it is prayed to issue instructions to conduct necessary inquiry and to finalize the benefits and entitlements at an early date.
It is prayed to sanction kitpass as well retirement grant only after all my settlements are finalized.

Thanking you Sir,

Yours faithfully,

(K. D. P. Rao)
GUNTUR,
Dated: 25th May 2012

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