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
Minister of State for
Communications & Information Technology
Government of India ,
New Delhi -
110003
(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Postmen promotion may be withdrawn.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).
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.
(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.
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.
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.
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.
(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.
It is requested
to roll back the decentralization of PLI/RPLI work.
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.
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.
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: -
(Dept of per & Trg OM
No. 4/4/97-Estt (Pay II) dt. 22.4.1998)
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)
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.
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.
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.
With profound
regards,
M.
Krishnan
D.
Theagarajan
Secretary General,
NFPE
Secretary
General, FNPO
K. V.
Sridharan
D.
Kishan Rao
General Secretary, AIPEU Group
'C'
General Secretary, NAPE Group 'C'
Ishwar Singh
Dabas
T.
N. Rahate
General Secretary, Postmen, MTS & Group 'D' -
General Secretary, NAPE Postmen, MTS & Group 'D'
Giriraj
Singh
D.
Theagarajan
General Secretary,
AIRMS & MMS EU Group 'C'
General
Secretary, R-3, FNPO
P.
Suresh
A.
H. Siddique
General Secretary,
AIRMS & MMS EU MG & Group 'D'
General
Secretary, R-4, FNPO
Pranab
Bhattacharjee
O.P.Khanna
General Secretary,
AIPAOEU Group C &
D General
Secretary, Admn. Emp. Association- FNPO
S. S. Mahadevaiah
P.U. Muralidharan
General Secretary, AIPEDEU
General
Secretary, NUGDS
T.
Satyanarayana
H.L.
Ramteke
General Secretary,
AIPAEA
General
Secretary, AIPAOA
S.
Appanraj
S. Sambandam
General Secretary, AIPSBCOEA
General
Secretary, NASBCO
S. A.
Raheem
Pratha
Pratim Ghorai