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(b) 25% outside quota recruitment in Postmen promotion may be withdrawn.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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