Rejection of 6th CPC minimum pay of the pay band to the Senior Nursing Superintendents on Railways
The Secretary (E),
Sub: Denial of minimum pay of the pay band (VI CPC) to the Senior Nursing Superintendents (Nursing Sisters) on Railways-reg.
Ref: NFIR’s PNM Agenda Item No.13 sent to Railway Board on 29/0512019.
Kind attention of Railway Board is invited to Federation’s. PNM Agenda Item No.13, wherein the cases of denial of minimum pay in the pay band of 6th CPC to the Senior Nursing Superintendents (earlier called Nursing Sisters) working in Railway Hospitals have been cited as example to facilitate the Railway Board to examine the case and render justice. Federation feels sad to convey that though a period of over six months has passed, there has been no action on the said Agenda Item (sent on 29/0512019).
In this connection, Federation further desires to bring to the notice of Railway Board that two Nursing Sisters working in the Divisional Hospital, N.E. Railway, Izzatnagar, filed an O.A. No. 914/2016 which has been decided by the Hon’ble Tribunal (Principal Bench), New Delhi on 1st November, 2018, operating portion of the order is placed below:-
“5. A careful perusal of the decision of this Tribunal in Malbika Deb Gupta, as upheld by the Hon’ble High Court of Delhi in WPC No. 8058/2015 dated 04/11/2016, clearly reveals that the subject matter of the present O.A. is squarely covered by the said decision. It is also relevant here to state that the Union of India, Ministry of Finance, Department of Expenditure issued an Office Memorandum dated 28 /09/2018 on the same subject matter, which also supports the applicants’ case.
In the circumstances and for the aforesaid reasons, the O.A. is allowed in terms of the decision in Malbika Deb Gupta, as upheld by the Hon’ble High Court of Delhi in WPC No.8058/2015 vide order dated 04/11/2016, and the O.M. dated 28/09/2018. The respondents shall pass the necessary orders within three months from the date of receipt of a certified copy of this order. No order as to costs.”
Needless to mention that the above order passed by the CAT Principle Bench, New Delhi and upheld by the Hon’ble High Court, Delhi had attained finality, consequently orders are required to be issued to the Zones etc., for granting minimum pay of the pay band to the Senior Nursing Superintendents (Nursing Sisters) with effect from 01/01/2006. Federation re-iterates that its demand vide PNM Agenda Item No.13, presently pending with the Railway Board, is fully covered vide orders mentioned above, therefore, instructions need to be issued to the Zones etc., for granting correct fixation of pay to the concerned staff in the 6th CPC pay structure vis-d- vis 7th CPC pay level.
NFIR, therefore, requests the Railway Board to issue suitable instructions to the Zonal Railways etc., to grant minimum pay of Rs. 18750 (as on 01/01/2006) to the Senior Nursing Superintendent (Nursing Sisters) promoted prior to 01/01/2006. A copy of the instructions issued may be endorsed to.the Federation.