PAY REVISION DEMANDS

From
The General Secretary
KWA Engineering Staff Association,
KWA Quarter No. MK 3/II/B
XII/611, Santo Gopalan Road
Koovappadam, Kochi 682 002.
To
Justice R. Rajendra Babu
The Chairman
Pay Revision Commission
Legislature Complex
Vikas Bhavan PO, Trivandurm 695 033.
Sir,
Sub: KWA – Revision of Pay scales of the employees of the KWA & Anomalies
in the Pay Revision Orders 2004 –-reg

Ref:1) GO(MS) No.681/2010/Fin. dated 14.12.2010.
2) GO(P) No.46/2007/WRD dated 30.07.2007.
3) No.6825/C2/2001/IrD Tvm. dated 18.8.01 of the Secretary to Govt
4) Judgment in OP No.22409/2001 & OP No.5741/2001.

Referring to the above I may submit the following for favorable considerations:-
The Pay Revision Committee 2004 has not considered the promotional avenues, time bound higher grade benefits and anomalies in the previous pay revisions in the case of Overseer Gr. III, Draftsman Gr. II and Draftsman Gr. I
The post of Overseer Gr. III was created vide GO (P) No. 222/81/LA & SWD dated 08.12.1981. As per this statutory provision, the ratio among promotees and direct recruits in the post of Draftsman Gr. II is 1:1. This cadre strength ratio for promotion from Overseer Gr. III had not been implemented. The first promotion was made from the post of Overseer Gr. III only on 22.10.1998. From the past experience, it is clear that the 1st batch of Overseer Gr. III was promoted to the post of Draftsman Gr. II then to Draftsman Gr. I in the lower scales without any benefits after stagnated for more than16 years in the initial post when lower posts acquired higher scales by promotions and time bound higher grade. All of them have acquired 3rd time bound higher grade scale before 2nd promotion in the lower scale. The KWA was made excess recruitment in the promotion posts of Overseer Gr. III against the Special rules and court orders.
Considering the stagnation and no benefits sofar, Draftsman Gr. I promoted from Overseer Gr. III may be allowed Special Pay and non cadre promotion as Assistant Engineer in the range of scale of pay of Rs. 22360 – 35320 since all of them have acquired 3rd time bound higher grade scale by service.
Time Bound Higher Grade.
As per the special rules, certificate holder is eligible for promotion to the post of Assistant Engineer. Diploma holder is eligible for promotion up to the Exe. Engineer. Minimum period of 2 years qualifying service in the case of certificate holders in the immediate subordinate post of Draftsman Gr. I is restricted for promotions only. If applicable the promotions in time, there is no question of time bound higher grade scales. Please see the 10(viii) of the GO (P) No. 515/85 dated 16.09.1985(Pay Revision Orders 1983) wherein it clearly mentioned that the time bound higher grade scale is to be sanctioned for a category in the normal course will be the scale of pay of the next promotion post subject to the requirement of academic qualification for promotion to such promotion post. The Hon’ble High Court in it’s judgment in WP© No. 19688 of 2007(R) has directed the KWA to issue revised orders for sanctioning time bound higher grade promotion since it is not stipulated that only an Overseer Gr. I with 2 years service is entitled to get the higher grade in the scale of pay of the promotion post. Hence clearly mentioned order may be issued to allow the scale of pay of Asst. Engineer for the 3rd time bound higher grade from Overseer Gr. III and 2nd time bound higher grade from Draftsman Gr. II with effect from 01.07.2004 on the basis of the academic qualification.
The Secretary to Govt. vide ref. 3rd cited above has directed the Managing Director, Thiruvananthapuram to consider the following points during the next pay revision in compliance of the judgment in OP No.5741/2001:- (copy of the ref. 3rd cited above is appended herewith)
1) The scale of pay of the first and second promotion post of Overseer Gr III is less than that of 1st and 2nd promotion post of Operators, plumber, Meter Readers.
2) Fixation of pay when the seniors are drawing less pay than juniors.

The demands of our Association are as follows:-

1) To Equalize the scale of pay of Draftsman Gr. I/Sub Engineer to Junior Superintendent as in the pay revision1968.
2) To allow Higher scale to Draftsman Gr. I than Meter Inspector & Plumbing Inspector as in the previous pay revisions.
3) To allow Higher scale to Draftsman Gr. II than UD Clerk.
4) To allow Higher scale to Asst. Exe. Engineer than Administrative Assistant, Accounts Officer Gr. II & Law Officer Gr. II as in the previous pay revisions.
5) Considering the stagnation and no benefits sofar, Draftsman Gr. I promoted from Overseer Gr. III (1st batch of Overseer Gr. III )may be allowed Special Pay and non cadre promotion as Assistant Engineer in the range of scale of pay of Rs. 22360 – 35320 since all of them have acquired 3rd time bound higher grade scale by service.
6) Higher grade scale of Rs. 9360 – 16180 implemented to the 20% of Draftsman Gr. I may be cancelled with effect from 01.07.2004 since it is not applicable and adversely affected the prevailing service benefits.
7) The scale of pay of the first and second promotion post of Overseer Gr. III is less than that of 1st and 2nd promotion post of Operators, Plumbers, Meter Readers etc. Hence raise the time bound higher grade scales with effect from 1.3.1992 in compliance of the judgment in OP No. 5741/2001. (See comparative statement)
8) Redesignate:- Draftsman Gr. I to Sub Engineer
Draftsman Gr. II to Draftsman
Overseer Gr.III to Overseer
9) Considering the promotional avenues and stagnation, 4th & 5th time bound higher grade scale may be allowed to the Overseer Gr. III on completion of 25 & 28 years of service respectively.
10) Reduce the residency period of time bound higher grade scales and reduction should be effective from 01.07.2004.
11) To allow non cadre promotion from the Assistant Engineer to the Asst. Exe. Engineer in the prescribed ratio among Graduates and Diploma holders as per Special Rules. If it is restricted to any one of the above, it will collapse the ratio and create problems among the staff.
12) Conduct income survey of the each category for 5, 10, 15 & 20 years to understand the previous benefits
13) Provide allowance to LA duty



Proposed range of Scale of Pay by KWA Engineering Staff Association

Asst.Exe. Engineer
22360 – 35320

Asst. Engineer
21240 - 34500

Draftsman Gr. I
16180 – 27140

Draftsman Gr. II
13900 – 22360


I request that anomalies of the pay revisions may please by rectified with effect from 01. 07.2004 before considering the proposed pay revision.

Thanking you,
Yours faithfully

Ernakulam
20.01.2011 SALIH. K.K.
General Secretary
Acc: 1) Comparative statement of Grade scales
2) Relavent page of GO(P) No. 515/85 dated 16.09.85
3)Judgments in WP© No.19688/2007 & 22409/2001
4) Copy of reference 3

NOT IMPLEMENTED

The seniority should be reckoned from the date of vacancy within the quota rule. Out of the total strength of 409, 205 is to be provided with promotees from Overseer Gr.III.
On the basis of the Rule 5, Note 3 of the General Rules in KS & SSR which is also applicable to the KWA, the ratio shall be worked out on the cadre strength. The Hon’ble Supreme Court in the decision Prakash V Kurian reported in 1999 (2) KLT 710 (SC) held that Note 3 Rule 5 Part II KS & SSR applies to all Special Rules whenever a ratio or percentage is prescribed in the Rules. It has to be computed on the cadre strength of the post to which the recruitments is to be made and not on the basis of the vacancies existing at that time.

EMBLEM OF OUR ASSOCIATION