OTA to Track Machine Operators in the Supervisory Grade of Sr. Section Engineer/Jr. Engineer – Track Machine Cadre: Railway Board
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
New Delhi, dated 31.08.2018
The General Manager,
South East Central Railway,
Sub: Payment of Overtime Allowance (OTA) to Track Machine Operators in the Supervisory grade of Sr. Section Engineer/Jr. Engineer – Track Machine cadre.
Ref: SEC Rly’s letter No. P-HQ/RUL/110/10/5060 dated 17.05.2018
The Railway’s attention is drawn to’Section 130 (c) (iv) of the Railways Act, 1089, by which “Supervisory Staff” are to be specified under the Rules (i.e. Rules framed under Section 136 of this Act). The Central Government has framed Rules in this regard titled “Railway Servants (Hours of Work and Period of Rest) Rules, 2005”. Under Rule 5(1) of these Rules, Railway Servant/Classes of Railway Servants, to be treated as “Supervisory Staff” (under Section 130 (c) (iv) of the Act), shall be decided by the Ministry of Labour, by an order in writing. However, till the time orders under this rule is issued, the Proviso under Rule 5 becomes applicable, which is quoted as under:-
“Provided that the railway servants who on the date of publication of these rules are treated as supervisory staff under the rules shall continue to be treated as such until the orders specifying the railway servants or classes of railway servants as supervisory staff is issued under this sub-rule.”
3. Since, no change has been carried out in the list of “Supervisory Staff” circulated vide Board’s letter No. E(LL)70/HER/16 dated 04.01.1972 (Civil Engg. Supervisors are listed in Section IV of the list) and other related instructions, therefore, subsequent to promulgation of Railway Servants (Hours of Work and Period of Rest) Rules, 2005, this list of ‘Supervisory’ staff still holds good.
4. In view of the above, the Railway’s proposal to grant OTA to Sr. Section Engineer/Jr. Engineer of Track Machine Cadre is not tenable as they belong to “Excluded Category” having been declared as “Supervisory Staff” under Section 130 (c) (iv) of the Railways Act, 1989 and under aforequoted provisions.