JOINT
COUNCIL OF ACTION
NATIONAL FEDERATION OF
POSTAL EMPLOYEES
FEDERATION OF NATIONAL
POSTAL ORGANIZATIONS
ALL INDIA POSTAL EXTRA
DEPARTMENTAL EMPLOYEES UNION
NATIONAL UNION OF GRAMIN
DAK SEVAKS
NEW
DELHI
Ref: PJCA/GENL/2012
Dated – 21.01.2012
MEMORANDUM SUBMITTED TO
SHRI SACHIN PILOT, HON’BLE MINISTER OF STATE FOR COMMUNICATIONS &
INFORMATION TECHNOLOGY ON 21.01.2012
To,
SHRI SACHIN
PILOT
Minister of State
for
Communications &
Information Technology
Government of India,
New Delhi - 110003
Respected
Sir,
We record our immense
pleasure for the kind gesture of the Hon’ble Minister of State for
Communications & I. T. for arranging an interview with the staff unions to
discuss the pending issues.
We record our sincere
thanks to the Hon’ble Minister and we assure our fullest cooperation in the
improvement of service to public. We further desire to bring the following
issues which are pending for a long to the kind notice of Hon’ble Minister
requesting his kind intervention for the mitigation of the same.
1. Issue relating to
Gramin Dak Sevaks
The following long
pending issues of the three lakhs Gramin Dak Sevaks may kindly be considered
favourably.
(a) Grant of civil servants
status for all purposes.
(b) 25% outside quota
recruitment in Postmen promotion may be withdrawn.
(c) Enhancement of Bonus
ceiling to Rs.3500/- at par with regular employees.
(d) Revision of tightened
norms for cash handling etc.
(e) Stop reduction of
existing allowance (TRCA) and grant full protection.
(f) Review of the tightened
norms for compassionate appointment.
(g) Scraping of the newly
notified “GDs Conduct and Engagement Rules” and restore previous “GDS Conduct
and Employment Rules”.
(h) Counting of GDS service
for pension on promotion to the post of postmen and Group ‘D’ (MTS).
2. Grant of Minimum Pay to
the casual labourers working in postal department and
regularization.
Despite crystal clear
orders in existence to grant the minimum of Group ‘D’ Pay on pro-rata basis to
the casual labourers as per the Sixth CPC report, it has not been extended so
far to the casual, part-time, contingent employees working in the Postal
department. There is an inordinate delay in releasing the orders. In all other
departments pro-rata payment has already been made in the year 2008 itself.
Notwithstanding the implementation of the recommendations of the committee on
casual labour issues constituted by the Postal Board, it is requested to cause
immediate orders to pay the minimum of the pay to the casual labourers w.e.f.
1.1.2006. Action may also be taken for regularization of the service of casual,
part-time, contingent employees.
3.
Regularization of RTP Services and ending the discrimination between the
restwhile RTPs
(i) As per the
Directorate letter dated 19.4.96, the implementation of the Ernakulam CAT
judgment granting the past RTP service as regular service for all purposes was
restricted only to the applicants of the O.A. This is against to the decisions
of the various judicial pronouncements that the benefits should be extended to
the similarly situated persons.
(ii) During 1970 to
1974, even the pre training services of certain officials engaged as postal
clerk were regularized. The RTPs were trained and utilized full time in the
clerical posts to manage all the works of the post office. They were recruited
only under the Postal Assistant recruitment Rules and no separate recruitment
rules were framed at this time.
(iii) The CAT, Chennai
held that the services rendered by the ex RTPs at APS shall be counted as
qualifying services for all purposes. The Chennai High Court, on appeal by the
department has upheld the decision of the CAT in WP no 37117 to 37119 of 2002
and directed the department to extend the benefits. Based on this the service
rendered by RTP was regularized for several APS RTPs.
(iv) In another case,
the Apex court under Civil Appeal No.5739 of2005 filed by Sri M. Mathivanan,
Postal Asst, Cuddalore division upheld the decision of extending the benefits
and dismissed the appeal filed by the department with costs. Several APS RTPS
were regularized based on this also.
(v) The Directorate
has directed the Circle Heads to collect, compile and furnish details of ex-RTPs
deputed to APS to consider for extending the benefits to all similarly situated
persons. There after there is no action in this regard.
(vi) The Mumbai High
Court has also delivered favourable judgment in this regard on
31.8.2010.
(vii) When the issue
was earlier taken up through the Minister of State by our union, the department
has called for the particulars about the RTPs from all circles vide its letter
no 44-1/2011- SPB II dated 13.01.2011.
(ix) We are not
demanding the wages for the past periods and only seeking the service be taken
for promotion. This will not affect any one’s seniority since during 1983 to
1989, there was no recruitment due to ban in filling up of vacant posts. By
construing their service, they will get their LSG and other promotions earlier
which will not have any financial benefits to them since all of them, by that
time will be in Pay Band II. If their services of RTP are taken for MACP, they
will get some monetary benefits for which also there is no provision in the
existing rules.
Since this will not
have any financial implications, it is requested to kindly consider the same
without sticking to the Apex Court judgment issued in 1986 in different context
in this case by brushing side the bare facts of justification and other
subsequent judgments.
4. Creation of
System Administrators cadre & extend other facilities
A
rapid modernisation takes place in the department and around 1872 crores have
been allotted for further extension of modernization. To modernize the existing
Post offices, the role of the existing System Administrators are laudable. They
are working from dawn to dusk for the efficient functioning of Pos in computers.
But for their active involvement, the modernization of Postal Services could not
be possible without incurring any expenditure to the department in the initial
stage. Most of the softwares were developed by these section of employees. Now
the Department is stating that creation of system Administrator posts is not
viable. We have already dropped the demand of creation of System Administrators
which carry 5400 Grade Pay as there is no full time justification for such post.
‘System Assistant’ cadre with Grade Pay of Rs.4200/- is in existence in other
Government departments. Similar kind of System Assistant cadre may please
atleast be created in the department and all the existing personnel may please
be absorbed in the existing vacancies since the role of these Technocrats are
very much essential for the maintenance of computers & software.
5. Revision of OTA rates
and stop recovery of OTA paid to the officials who are engaged compulsory on OTA
overlooking the pay ceiling.
At present, over time
Allowance is being paid at the rate of Rs.15.85 per hour which was fixed by the
Fourth Pay Commission in 1987. There was to revision eventhough the committee of
secretaries to look into the OTA issue has decided to continue the scheme of OTA
without revising the rate of OTA. In the Railways the rate has already been
revised. Further the pay ceiling as fixed by 4th CPC as Rs. 2200/-
P.M. has not also been revised. As per the new pay, almost all crossed the
ceiling amount and they have been ordered to perform OTA compulsory and in many
cases they have been charge sheeted for not performing OTA. The meager amounts
paid at the rate of Rs. 15.85 has also been recovered subsequently. In all the
departments, except Postal, the OTA rates have been revised.
It is therefore
requested to kindly cause action to revise the OTA rates and waive the OTA
amount already paid based on the duty performed due to unscientific application
of OTA ceiling fixed by the 4th CPC.
6. Grant of cash payment
for uniforms and kit items for Postmen, Mailguard, MTS/Group
‘D’
At present the quantity
of the uniform supplied is not good. Abnormal delay is also taking place. Action
may be taken for cash payment for uniforms and kit items.
7. Delay in filling up of
vacancies in all cadres especially in Postal civil wing and Postal Accounts and
Postmen cadre.
(a) Eventhough Government
has lifted ban on filling up of vacant posts in 2009 iteself, the recruitment
process for filling up of vacant posts in civil wing and Postal Accounts are yet
to be completed. Postmen posts are also lying vacant due to non-conducting
examination. Action for filling up vacant posts in their cadres may also be
expedited.
(b) Further it is requested
to take action to revive all the 2/3rd vacant posts kept in skeleton
for the period from 2005 to 2008. In metro cities/sub urban areas additional
justified Postmen post may be created. Action may also be taken to fill up all
MTS posts.
8. Decentralisation of
PLI/RPLI work
It is requested to roll
back the decentralization of PLI/RPLI work.
9. Extend Apex court
Judgement in the case of Relaxation of Recruitment Rules (RRR) candidates to all
approved candidates awaiting absorption
It is requested to
kindly extend the benefits already provided to RRR candidates of Tamilnadu
circle to the similarly situated candidates, They are praying mercy and fair
play from the Minister as they are being continuously engaged over 14 years and
there is no chance for any employment at this stage.
10. Convening the
11th Meeting of Postal Service Staff Welfare
Board
The Hon’ble Minister of
State for communication & IT has fixed to 11th meeting of postal
services Staff Welfare Board on 05.04.2011 for discussions on 27 items in the
agenda which was subsequently postponed. Almost all the items placed in the
agenda are pertaining to the welfare of the staff. We request the Hon’ble
Minister to convene the meeting and decide the items as notified in the agenda
as welfare measure to Postal staff.
11. Counting of Special pay
to PO & RMS Accountants on TBOP promotion
For implementation of
High Court, Karnataka judgment in W.P. No. 7593/2003 dt. 18.11.2010 on this
issue, the Ministry of Law has opined that this is not a fit case by way of
filing SLP before Apex Court. However, the Directorate has sought the opinion
from all circles about filing SLP against Karnataka High Court orders. A kind
attention is drawn to order 1 of Appendix 8 of FR & SR 1 which is stated
inter alia: -
“The Special Pay would
henceforth be termed as Special Allowance as recommended by
5th CPC in para 109.5 of the report and would be granted as hitherto
fore subject to same conditions as are stipulated in FR 9
(25)”
(Dept of per & Trg
OM No. 4/4/97-Estt (Pay II) dt. 22.4.1998)
The Karnataka High
Court has upheld the order of Ministry of Personnel granting special Allowance
subject to the same conditions of special pay vide FR 9 (25). In the Draft memo
circulated by Directorate to all Heads of Circles seeking their opinion, the
following are not reflecting the facts of the case.
i) In para 6,
3rd line it has been mentioned that “special pay having been
converted into special Allowance” ….. Whereas in Government order, “as per
recommendations of 5th CPC, special pay has been termed as Special
Allowance.”
ii) In para 6,
9th line, it has been mentioned that “Payment of special pay was
completely stopped,” – but the stoppage of special pay was not accepted by Govt.
As per Vth CPC recommendations, the Special pay is now termed as Special
Allowance and would be granted as hitherto are subject to same conditions as are
stipulated in FR 9 (25)
Under these
circumstances, it is not fair to move with SLP in this case as the DOPT vide its
OM dated 22.04.1998 clearly stipulated that the special pay was now termed as
special allowance subject to the same condition and as such the problem of pay
fixation by taking Special Allowance can be sorted out.
It is therefore
requested to kindly implement Karnataka High Court decision to all the similarly
situated officials and render justice to the aggrieved officials.
12. Recovery of
alleged overpayment of pay and allowances to postman on account of fixation from
the officials of Accounts branches of HPOs
The
drawing & disbursing officers should not be made as scapegoats in this
case. According to Rule 87 of P&T FHB Vol I, any excess payment can be
recovered at any time. The Apex Court also confirmed that any excess paid due
to administrative mistake, there is no rule which prohibits such recovery
(Udaysankaran Vs. Union of India JT 1996 (4) SC). The most pertinent point is
that the Inspection Parties of ICI and Audit have approved and certified such
drawal in many places. There was confusion in interpreting the orders then for
which Group C officials are becoming the victims.
On 13.1.09 The
Secretary (P) assured to reconsider the issue and ensure no recovery on part of
APM Accounts & Accountants. The Secretary observed as unfortunate in the
case of Rule 14 initiated charges on the date of superannuation of Sri. V. V.
Nargida, APM, Accounts Pune city as he did not pay Rs.727671.61 towards
contributory factor for excess drawal to postmen on implementation of
5th CPC orders.
Instead of filing SLP
against the decision of the principal CAT, the department has resorted to
imposing recovery on APM Accounts and Accountants for the excess drawal
resultantly, many officials were charge sheeted and lakhs of rupees is being
ordered as recovery. This is totally unjust and against to the natural justice.
The Secretary during the talks held on 10.01.2012 has agreed to consider the
issue on humanitarian angle.
It is therefore
requested to kindly protect the innocent officials from the recoveries
arbitrarily imposed in many circles.
13. Denial of three
MACP benefits to the Promotees in the Department of Posts
As the promotion to
Postal Assistant acquired by writing competitive examination is equated with one
MACP promotion, the senior promotees even after acquiring 30 years of service in
Postal Assistant cadre could not get the benefits of Rs.4600/- Grade Pay under
MACP, where as their juniors are reaching the benefits without any
hurdle.
Similarly the Group ‘D’
promoted to Postmen and then appeared for Postal Assistant examination and
becoming Postal Assistant could avail only upto Rs.2800 Grade Pay whereas he was
earlier availed 4200 Grade Pay under the BCR Scheme. This has caused a
resentment among the postal employees and the officials may be discouraged in
writing promotional examination if this anomaly is not sorted out. It is
requested to kindly consider that in the case of promotees, if they completed 10
years service in the cadre continuously they shall be accorded MACP promotion
with next grade Pay.
Further application of
bench mark shall be deleted upto pay band II levels as in the Postal there is no
provision of review of C. R. entries at divisional level and whatever be the
entry made by the divisional superintendent, it becomes final. It is requested
to consider deletion of bench mark application in case of officials up to pay
band II level in the Department of Post.
14. Stop harassing staff on
Contributory factors for simple and flimpsy reasons by misusing the provision of
unbecoming of Govt. servant’ deviating the rules contained in Volume II, FHB
etc.
The Directorate
guidelines issued vide letter No. 6/8/59-Disc dt. 09.7.1959, 25/44/60-Disc dt.
30.11.60 and 15-9/74-INV dt. 10.02.75 and subsequent orders are being violated
and the officials are being proceeded under contributory negligence factors on
flimpsy reasons and awarded with huge recoveries. The provisions contained in
Rule 106,107,108 & 111 of Postal volume III and the provisions of honest
errors can be condoned contained in Rule 204 A (1) Vol. II and the provision of
Rule 58, Appendix 4 of FHB Vol. I in dealing of recovery have been totally
ignored and sidelined.
The main intention of
the Govt. while deciding the degree of an officer’s pecuniary liability , it
will be necessary to look not only to the circumstances on the cases but also to
the financial circumstances of the officer since it should be recognized that
the tendency should not be such as to impair his future efficiency.
We placed this item in
the Departmental Council for issuing proper guidelines in deciding, such cases.
But it is constrained that the orders issued vide letter No. 14013/03/2010 – VP
dt. 22.06.2011 does no mention about all the above said provisions and not a
speaking one. Resultantly no one is showing any cognizance to such clarification
and innocents are being harassed continuously.
In many cases, the
officials at the verge of retirement are being charge sheeted and amount
recovered making them as scope goats – The real culprit and main offender become
scot free. The main offenders are being dealt with casually. In many places
instead of initiating action to recover the amount from the depositors in
respect of minus balances, straightaway charge sheets are being issued to
recover the amount. The contributory negligence provisions is being misused as a
tool against the innocent employees.
It is therefore
requested to direct the department to kindly cause appropriate instructions by
citing all the above said orders on the subject and to avoid misuse of the
provisions.
We seek the
intervention of benign Hon’ble Minister of State on the above said items for the
immediate settlement of these problems for which we will ever be
grateful.
We
assure our fullest cooperation in the improvement of service and providing
better customer satisfaction to the public.
Source :
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