Merger of TC, CC & ECRC posts in Commercial Department of Ministry of Railways – Methodology for implementation reg. (RBE No. 59/2019)

Merger of Ticket Checking
Staff (TC), Comercial Clerk (CC) & Enquiry-cum-Reservation Clerk (ECRC)
posts in Commercial Department of Ministry of Railways – Methodology for implementation reg. (RBE No. 59/2019)

RBE No. 59/2019
भारत सरकार GOVERNMENT OF INDIA)
रेल मंत्रालय
MINISTRY OF RAILWAYS
(रेलवे बोर्ड
RAILWAY BOARD)


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’.


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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.
sd/-
(P.M.Meena)
Dy. Director-II/E(NG)I
Railway Board

Annexure ‘A’
Annexure to Railway Board’s letter No. I-(NG)1/2016/PM 1/12(Pt.) dated 05.04.2019
Methodology for implementing the merger of Ticket Checking Staff, Commercial
Clerks & Enquiry-cum-Reservation Clerks.
  1. Existing cadres as on 22.02.2018 of Commercial Clerk and ECRC categories
    would continue to be in separate seniority groups as per-the pre-222.2018
    position.
  2. The designation of the posts as laid down in para 2.1 of RBE 28/2018 would,
    however, continue with the modification that the post in level-6-GP 4200/-
    would be designated as Chicf Commercial-cum-Ticket Supervisor instead of
    Chief Commercial-cum-Ticket Clerk as mentioned in RBE 28/2018.
  3. While the designation will remain the same, two seniority groups of ECRC
    and
    CC categories would continue to be maintained separately and promotions will
    also be for vacancies arising in the relevant seniority group only.
  4. As and when employees in the seniority group of ECRC move up from GP
    2800/-/Level-5, the promotional quota of the vacant posts will be filled up by
    employees in the feeder grade of Commercial-cum-Ticket Clerk in GP 2000/-
    L-3. This would effectively mean that the posts vacated by ECRCs in their
    entry grade would be filled up by eligible Commercial Clerks.
  5. Considering the functional work profile, recruitment as only stand alone
    ECRCs in future will not take place. Such DR is to take place only against the
    merged designation for all three categories of Commercial employees,
    i.e.
    Ticket Checking, Commercial Clerk and ECRC as already underlined in RBE
    No. 28/2018.
  6. In short, as regards existing employees, instead of keeping only the TC category
    separate and merging seniority of CC and ECRCs; it is now recommended that
    all three seniority groups TC, CC and ECRC be maintained separately for
    existing employees. Merger into a common seniority and common functionalities
    will take place for future DR.
2. As seniority groups would continue to be se
ECRCs or as Commercial Clerks would continue to be assigned functions that are
in
line with their categorization to the extent possible. Orders issued to the
contrary in
the intervening period would be reviewed. However, in administrative exigencies,
there is no objection to employees recruited.  However, in administrative
exigencies, there is no objection to employees recruited as ECRCs or CCs
being assigned work pertaining to the other, in accordance with the common
designation that they still belong to.
3. Restoring original seniority groups by revising
of RBE 28/2018 now would
have implications on selection/suitability tests already conducted in the
intervening
period. While Railways/Units that have followed the methodology of filling up
vacancies that existed as on 22.02.2018 by respective seniority groups before effective merger of seniority would likely not
face issues after separation of seniority now, the same would not necessarily hold true
for Railways/Units that have followed a different methodology. Accordingly,
to deal with the situation, the following is recommended;
  1. There will be no reversions on promotions
    that have already been effected
    due to the revision in seniority grouping now proposed to be effected.
  2. As a corollary to (a), those employees
    would otherwise have not been eligible due to the separation of
    seniority groups, would continue in their promotional posts as a measure
    personal to them until vacancies in the promotioanl grade arise to
    accommodate them in the normal course.
  3. Those employees who have not been
    considered for promotion earlier due to their position in the erstwhile
    merged seniority groups, but are now found eligible on account of their
    seniority in the separate seniority group, are to be considered for
    promotion in the next selection/suitability test for vacancies against
    their seniority group. On clearing the promotional test and joining the
    working post in the promotional grade, they may be accorded proforma
    benefits of pay fixation without any arrears of wages.

Source: Railway Board
[http://www.indianrailways.gov.in/railwayboard/uploads/directorate/establishment/ENG-I/E_NG_I_2016-PM1-12_05042019.pdf]

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