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promotion may be withdrawn.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.
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