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Message from GS/IRTSA reg proposal to file. Court Case for GP of CMA - I
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Message from GS/IRTSA reg proposal to file. Court Case for GP of CMA - I

Dear Brother Engineers of CMT,

1. Great injustice had been done by the Sixth Pay Commission with Engineers on the Railways visa-a-viz other categories like Nurses, Teachers & Accounts. This was especially so with the CMA – I.

2. I appreciate the enthusiasm of some of the CMT Staff - especially the CMA - I for fighting against the injustice done by the Pay Commission with the CMA – I. I also fully agree with them that court case may finally be the ultimate remedy.

3. a) IRTSA stands committed to get full justice for them - through persuasion, struggle & legal action – up to the highest level.

b) IRTSA has already represented the matter to the Railway Board. We shall raise the matter under RTI to find out the decision on the representation by the Railway Board, before taking any legal action – as it is mandatory to get a decision on the representation before going to the court.

c) Federations are also being persuaded for inclusion of the item for upgrading of CMA-I in the agenda of Anomalies Committee. But the Agenda has not yet been finalized & yet to be submitted by them. They are allowed to submit it by August, 09 end. We are urging them to submit it early.

(I do appreciate that dear Gaurav Kumar had raised the issue under RTI – “whether agenda of cma-1 is under consideration”. But in the light of above facts, his query was premature & he got negative reply. So he is advised to be more careful in future & consult his seniors before taking any hasty action. He is also requested to send me the copy of the query raised by him & the reply received thereon)

4. Proposal for filing court case shall be placed before the CEC IRTSA in June, 09, for deciding the line of action. You are requested give your views on the following aspects, for consideration of CEC, IRTSA:

a) Whether the issue gets included in the Agenda for Anomalies Committee?

b) Whether Court case be filled for the upgrading of CMA I at this stage or later on?

c) Where should the case be filled?

d) By whom should the Court Case be filled – whether by IRTSA or by individuals OR should it be filled in the name of both – IRTSA & some individuals – as we did earlier?

5. Most Important: a) If the court case is to be filed by any of the individuals then they must represent the matter to the Board & exhaust all other remedies before going to the CAT or taking any legal action.

b) All CMAs are, therefore, requested to submit the attached representation (through proper channel) on top priority and send copies to all concerned as marked therein.

6. We must stand united & continue our struggle steadfastly to its logical conclusion. WE shall surely succeed at last through our consistent struggle. With best wishes,

Yours fraternally,

Harchandan Singh, GS, IRTSA

Encl: Copies of some Emails received from CMT

Message from GS reg prop. Court Case for GP of CMA - I
Representation of CMT Staff



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.doc  Representation of CMT Staff.doc (Size: 37.5 KB / Downloads: 230)
05-24-2009 08:37 AM
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RE: Letter from GS, IRTSA
In reply to the letter written by GS, IRTSA, to various constituents of the Association, and posted in the Thread above, comments received by him from Er. Syed Azmatullah, are being posted below:


From: Syed Azmatullah
Subject: Re: Proposal for Court Case for Grade Pay of CMA - I
To: gsirtsa@yahoo.com
Cc: rameshirtsa@yahoo.co.in
Date: Saturday, May 23, 2009, 10:15 PM

Dear GS,

I agree with your views.
Some of the CMT staff are excited that their case of anomaly of CMA-I has not yet found place in the agenda of Anomalies Committee and pre-maturedly plan filing of Court Case.
I hope your email will re-assure them

Regards,

Syed Azmatullah
05-24-2009 08:38 AM
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RE: Message from GS/IRTSA reg proposal to file. Court Case for GP of CMA - I

Going to legal fight is a futile exercise. We had (some of the then existing CMA’s, now CMA Gr-I) already filed this matter to CAT(Central) New Delhi in 1994 Vivekananda Pandey and others Vs UOI,and almost lost the case. CAT did not gave any decision but diverted the case to 5 th CPC. So whatever 5 th CPC recommended was the final. 5 th CPC had recommended only the scale of Rs 5500-9000 to CMA-I, which further got complicated by 6 th CPC due to the merger of four different existing Supervisor categories to two GPs in which CMA-II and CMA-I got merged at a GP Rs.4200 and both are recruitment points with different recruitment qualifications.

The equation for recommendations for SCPC would have been so simple if SCPC had recommended the merger of CMA-I,CMS-II and CMS-I at GP Rs.4600 and keeping CMA-II at GP Rs.4200.

So now there is only one hope that is upgrading the CMA-I to GP Rs.4600 through anomalies committee. As all of us know that only Recognised Federations jointly can raise this issue in Departmental Anomalies Committee(DAC). So no alternative arrangement exists presently other than requesting the General secretaries of both the recognised federations to submit joint memorandum to DAC stating the anomaly and discuss in appropriate manner. Further in case of failure, IRTSA can issue a strike notice demanding the dispute due to the merger of two different recruitment points having different recruitment qualifications at single GP Rs.4200 as per Sec 10(a) of Industrial Dispute Act 1947 to Chief Labour Commissioner (central) New Delhi if GS/IRTSA agrees to issue the strike notice which further will lead to conciliation etc and the dispute can be settled by demanding voluntary Arbitration by Indian Rlys and IRTSA.

So I strongly recommend not to waste money and time in going to legal fight through CAT. Better utilise our strength in DAC to get good achievements.


Reply posted by Er. I.S. Rao at Link: http://irtsa.net/blogs/?p=3#comment-6
06-28-2009 07:11 AM
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RE: Message from GS/IRTSA reg proposal to file. Court Case for GP of CMA - I
Dear Er. Rao,

I have carefully gone through your following comments on he issue of "Proposed Court Case on the issue of CMA I" and appreciate your analysis.

However, before commenting anything further on it:

I request you to please send me a copy of the judgement of CAT(Central) New Delhi in 1994 in the case of Vivekananda Pandey and others Vs UOI, referred to by you - which according to you was 'almost lost'.

As for pursuing the case of CMA I for a higher grade pay through the Federations and the Railway Board etc., all efforts are being made in this regard.

If you or any one else can further help in the matter, we shall welcome it and rather highly appreciate it.

With best wishes
HS, GS, IRTSA
06-28-2009 08:52 AM
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RE: Message from GS/IRTSA reg proposal to file. Court Case for GP of CMA - I
--- On Mon, 8/3/09, dinesh das wrote:

From: dinesh das

Subject: CMA & CAT

To: "Syed Azmatullah"
Cc: "HARCHANDAN SINGH" , "Vijayakumar President CMT Staff" , "A. Knath Scientific Staff" , "Dinesh CMA" , "G. Arvindan Scientific Staff" , "gaurav kumar" , "Mac orton"
Date: Monday, August 3, 2009, 10:40 PM

Dear Syed Sir,

Thanks for your compliments. All the C&M people are anxious about filing case in CAT regarding injustice with CMA-I in Indian Railway. As I have earlier informed you all that we have almost completed every formalities required for filing case in CAT. All zonal G.M.’s (viz. S.E., SECR, ECR, ER, ECoR, NR,RCF and NE Frontier Railway) have been given memorandum individually and through proper channel during the last one month. We are also in touch with an advocate in Kolkata CAT bench. But now we have kept this issue pending due to positive development in our case initiated by Railway Board itself.

Following the direction given by Railway Board, Sri S.K. Tyagi (Member Central Committee A.I.R.F) had organised a seminar on 11th of June 09’ at New Delhi, where Sri Praveen Kumar (Member Mechanical), Sri Shiv Gopal Mishra (G.S. A.I.R.F), Sri Radhey Shyam (Addln.Executive Director, M&C Directorate) were present. The seminar was totally focused on C&M organisation’s problem, particularly the case of CMA-I. Sri S.G. Mishra and Sri Praveen Kumar had assured of fast solution of the problems of CMA-I.

On telephonic conversation, Sri S.K. Tyagi has assured me of positive result regarding CMA-I and told not to go to CAT right now as this would hamper the ongoing positive development. According to him, a Recruitment & Promotional policy, which is yet to be issued by Railway Board is definitely going to give us equal pay as given to other Engineering Graduates & Post Graduates in IR. Like me, Sri Tyagi is also of the view of not including the case of CMA-I in Departmental Anomaly Committee as it would take very long time to redress the problem.

The sudden interest of Railway Board in C&M organisation problems is undoubtedly due to the continuous efforts by Sri Harchandan Singh (G.S. IRTSA.) and Sri R.Vijay Kumar (President, IRCMSA).Whether our problems are solved within Anomaly committee or outside Anomaly committee, whatever way the positive results come, this would be the win of justice over the injustice in IR with the technical people.

However, if unfortunately no positive outcome occurs, then ultimately we will go to CAT under the leadership of Sri Harchandan Singh(G.S.IRTSA), Sri R.Vijay Kumar(Prez.IRCMSA) and Sri S.K. Tyagi. Now it’s time to adopt wait & watch policy.

With best wishes,

D.K. Das CMA-I/DLS/R/SECR
08-04-2009 09:27 AM
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GS/IRTSA's reply
Dear Brother Er Dinesh,

I am happy to go through your letter dated 3.8.09 - especially to note your views to wait for some time (before going to CAT) - to let the on going efforts by all of us to succeed to pursue the Railway Board to decide the issue of upgrading of CMA I early. Er SK Tyagi is also a sincere & dedicated person and has worked consitently for the upliftment of CMT Staff. With the help of Er SG Mishra GS AIRF, we should be able to resolve this case early.

With best wishes,

Yours truly,

H. Singh, GS IRTSA
08-04-2009 09:28 AM
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