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1BHARTIYA POST JANUARY, 2007
BEWARE OF BUSINESSTill 1980s, the postal family did not hear the words
like "Business", "Products" & "Consumers" in thepostal parlance. The postal employees were taughtas 'Customer is Never Wrong', 'Service Before Self'.Department of Posts is a forerunner in respectingcustomers. While recollecting, in those days of totalmonopoly of communication services, even when acomplaint on service by a public was given a seriousconcern issuing atleast a simple warning to officialsof no fault.
Now a new abbreviation LPG (Liberalisation,Privatisation, Globalisation) becomes a catchy wordin the Business arena. The word ' Business' isnormally looked as antonym to 'service'. Reducing tosimplicity, one means 'profit oriented' and the anothermeans 'welfare oriented'. Department of Posts nowtakes its position in this queue with sounding wordsof Business, Products and Customer.
With no conceptualism, one business product orthe other is being introduced with profit orientation.Even in field level, a role of salesmanship is also playedpromoting seasonal products like SabarimalaiPrasadams, Christmas Cakes etc. Every sale ofproduct is clamoured with profit with nice presentationof designed table of statistics.
A close look of all these statistics reveals aconspicuous absence of right profit & loss accountand balance sheet for each product. That is, due
establishment expenditure (men & materials) involvedin the whole business is not at all taken into account.All establishment charges are accounted for only withthe traditional services / products leading to falsificationof traditional products as loss making. Even after adecade old RPLI, only in the last year, a token (small)amount allotment was made for salary head. Cost ofstationary, policy, printing forms etc. are even met fromthe general allotment only.
Now it is right time to go for scientific analysis ofeach business product with foolproof balance sheetto know where we are!
The Department of Posts, shirking itsresponsibilities to restore the monopoly of past bypaying more attention for improving the traditionalservice and offering a good service to the people atlarge is resorting unproductive, clamorous businessschemes at the cost of traditional services and alsoenlarging the Business Directorate and creatingabundant officers post for the business service in eachcircle and divisions, forgetting the toiling employeesat the counters and back office in the absence ofadequate staff.
It is our firm opinion that the much talked aboutmany business products are only of temporary, seasonalnature which cannot give lasting solution. Talking ofprofits in these products without taking into accountthe cost involved is nothing but a Ostrich look of way.
POST OFFICE SAVINGS ACCOUNTS LIKELY TO ENTER ATM LEAGUEIn a move that is sure to bring smiles to millions of postal savings account holders in the country, the
government is proposing to set up ATMs in all major post offices in the country to in a phased manner.The ATM facility will come as a big relief for customers who receive money from loved ones abroad through
Western Union Money transfer. "The setting up of ATMs in post offices is a welcome step. We have over 140 millionpostal savings account holders and their total savings is just under Rs. 4 lakh crore," Shakeel Ahmed, minister ofstate of communications and IT, told ET.
Mr. Ahmed said the postal department is keen on entering the banking sector. According to governmentsources, having an ATM network in place would be the first step towards the department of post's (DoP) ambitionof launching full-fledged banking services.
Officials, however, refused to specify a time frame for the roll-out of ATMs at post offices, and said the projectwas in the conception stage with details still being worked out. "It is a priority area for the department, and theproject will start with networking and computeristion of post offices. The process has already begun throughestablishment of a national data centre. Once the branches are linked, an account holder in Delhi will be able towithdraw money when he is in Chennal", said sources.
The postal department's services span five areas such as mail (letters and parcels), express (Speed Post),financial services, postal life insurance and philately. The department has identified Speed Post and financialservices as its engines of growth. The DoP is working on a plan to hive off its financial department into a stand-alonebank. This is because the DoP currently passes off its entire collections to the finance ministry in return for a fixedcommission, but a stand-alone banking arm will enable the department to make independent investment decision.
(Economic Times, Dt. 11-12-2006)
Editorial
2BHARTIYA POST JANUARY, 2007
GOVERNMENT ORDERSu D.G.(P) letter No. 4-16/2002-SPB-II, Dated:20-11-2006.
Filling up of the posts of HSG-I.I am directed to say that the matter regarding filling
up of the number of posts in the Higher SelectionGrade-I lying vacant in various Postal Circles was underconsideration of this Department. Due to up-gradationof pay scale of HSG-I, the existing Recruitment Rulesare under revision. Pending same, it was proposed tothe Department of Personnel & Training (DoP&T) toallow the Department to fill up the vacant HSG-I postsfrom amongst officers holding the HSG-II norm-basedposts on regular basis in relaxation of the existingRecruitment Rules. The DoP&T have, however,agreed as a special case to allow to fill up theexisting vacancies by promotion of the officersholding HSG-II norm-based posts on regular basis(without prescription of any minimum service inHSG-II), on purely ad hoc basis for a period ofone-year or till the Recruitment Rules are notifiedand appointments are made according to therevised Recruitment Rules, whichever is earlier.
It is requested that you may take necessary actionto fill up the posts of HSG-I lying vacant on adhocbasis in the manner stated above. It may, however, beensured that you have already taken necessary actionto fill up the posts as ordered from time to time as perthe Check-List enclosed herewith.
This issues with the approval of Secretary (Posts).Encl : As above.
3. Consequent upon amendment ofRecruitment Rules deleting the provisionof Fast Track Promotions and providing forfilling up of LSG and HSG-II posts by 100%promotion as laid down in the RecruitmentRules notified on 18th May 2006 the DPC(s)have been convened to see if any HSG-IIbecomes eligible for consideration forpromotion as HSG-I.
CHECK LIST
To ensure before resorting to ad hocpromotions to HSG-I that :1. As advised vide Department of Posts' Letter
No. 4-16/2002-SPB-II dated 12th November,2002, the norm-based LSG and HSG-II postshave been filled up notionally in terms ofthe relevant Recruitment Rules from theyear when the norm-based promotions hadnot been carried out.HSG-I posts have been filled up bypromotion in accordance with theRecruitment Rules from amongst those soformally appointed in HSG-II having 3 years'actual/notional service in the Grade. -Annual Exercise.
2. 33.34% of the posts in LSG and HSG-II are filledup by promotion as laid down in theRecruitment Rules notified on 24th January,02. - Action with effect from 24-1-02 to 18-5-06.
u D.G.(P) letter No. 16-21/2006-PAP, Dated:7-12-2006.
Authorisation of porters and animaltransportation for personnel posted in the highaltitude by extending the facility under GOI'sorder No. 4 below SR-46, of part II of FR & SR.I am directed to forward herewith a copy of File
No. 19039/1/2006-E.IV dated 6th November, 2006 ofMinistry of Finance, Department of Expenditure on thesubject mentioned above, for your information/guidanceand necessary action.
Encl. As above.Ministry of Finance OM No. 19039/1/2006-E.IV,
Dated: 6-11-2006.OFFICE MEMORANDUM
Authorisation of porters and animaltransportation for personnel posted in the highaltitude by extending the facility under GOI'sorder No. 4 below SR-46, of part II of FR & SR.The Governemnt of India has provided the facility,
to Central Govt. servants travelling on duty in certainspecified areas, to engage at Government expenses,porters and animal transport for their own movementand for carriage of their personal effects and campequipments, provided no other mode of transport isavailable, under GOI's Order No. 4 below SR-46, ofPart-II of FR & SR (OM No. 5(5)-E.IV (B)/65 dated the26th July, 1965 and OM No. F. 5 (34)-E.IV(B)/64 dated6th October, 1965).2. Keeping in view the representations received fromcertain quarters, it has been decided to extend thisfacility, as admissible under SR-46 to the followingareas ranging between 14,000 feet to 18,000 feet.i) District Leh in J&Kii) Tissa and Saloni Tehsil of Chamba District in H.P.iii) Dharchula and Munsyari Tehsil of Pirthoragarh
District, Joshimath in Chamoli District, BhatwadiTehsil of Uttarkashi Districts in Uttaranchal.
iv) Chungthang Sub-division of North Sikkim.3. All other terms and conditions governing this facilityas mentioned in above said OM under SR-46 will
3BHARTIYA POST JANUARY, 2007
continue to apply.The order take effect from the date of the OM.
u D.G.(P) No. 2-2/1999-PA (Tech.I)/988-1067 dated29-09-2006
Regarding authorisation of LSG SubPostmasters/HSG.II Postmasters to issuecheques in lieu of payments of maturity valueof Small Saving Schemes for Rs. 20,000 andabove.References have been received from the field units
to authorise the Postmasters of Lower Selection GradeSub-Post Offices to issue cheques for payment, in viewof the customer convenience and the ease of operations.2. Rule 143 of Financial Handbook, Vol. I envisagesthat at places where the Treasury business is conductedby the Bank, Postmaster in-charge of Post Officesapproved by the Director-General may make paymentson account of large Postal transactions (other thanMoney Orders, Indian Postal Orders, Saving Bank,Government Security, Postal Life Insurance and PostOffice certificate transactions) to important firms andindividuals of repute by means of cheques drawn againstdrawing accounts. Such cheques will not be drawn foramounts less than Rupees 100.
Payments on account of Money Orders, IndianPostal Orders, Savings Bank, Government Securities,Postal Life Insurance and Post Office Certificatestransactions may also be made at the places referredto above by Head Post Offices, and Sub-Offices in-charge of Gazetted Postmasters by means of chequesfor amounts not less than Rs. 100 separately for eachkind of transactions, viz., Money Orders, Indian PostalOrders, Savings Bank, Government Securities PostalLife Insurance and post Office Certificates. These HeadOffices may also issue cheques in payment of theabove-mentioned transactions relating to the sub-offices in account with them. In such cases, thecheques will be sent to the sub-office concerned as aremittance for payment to the parties concerned. Allsuch cheques drawn should be crossed and made'Not Negotiable'. In the case of General Post Offices,Gazetted Assistant Postmasters may be authorisedto issue cheques on behalf of Postmasters who shouldin such cases, arrange to send specimen signaturesof such officers to the Bank. In respect of the sub-offices in-charge of Gazetted Postmasters,arrangements should be made by the HeadPostmasters concerned to have drawing accountsopened on their behalf with the Bank.
The Postmasters of Central Base Post Offices atDelhi and Kolkata are authorised to draw cheques onReserve Bank of India, Nagpur, for the purpose ofmaking P&T payments.
Note1. - Rules regarding cheques in Rules 171 to175 and 178 to 182 are also applicable tothe payment by cheques contemplatedin this Rule.
Note 2.- Under Rule 143 of FHB, Vol. 1 envisageissue of cheques by Dy. Postmaster in theabsence of the Gazetted Head Postmasterin charge of Post Offices. The Dy.Postmaster (Non-Gazetted) may issue thecheques for official purposes, subject to thecondition that the ultimate responsibilityfor payment in such cases will rest withthe Gazetted Head Postmaster who on hisreturn to office, should check all thecounterfoils of such cheques with referenceto entries in the accounts and scrollsreceived from the Banks.
3. The case has been carefully considered by theDirector-General (Posts) in light of the above provisionsof P&T FHB, Vol. 1 and the facts that (i) there arerepeated instructions / guidelines from CBDT / CGA /Ministry of Finance / CVC to encourage maximumnumber of payments through cheques (ii) suchauthorisation would facilitate faster service to thecustomer and would involve lesser hassle for him / herand for the officials concerned (iii) The provisionscontained in P&T FHB, Vol. I and the pilot to authorisesuch arrangement at a larger scale have beensuccessful and stood the test of time. (iv) There willmore check on any fraudulent activity in paymentsthrough cheques as compared to payment in cash. Ithas therefore, been decided by DG (Posts) toauthorise the Lower Selection Grade Sub-Postmasters and all Higher Selection Grade-IIPostmasters to issue Account Payee chequesagainst the Drawing Account of the HeadPostmaster for making payments to the public /investors in accordance with the provisionscontained in Rule 143 of Post and TelegraphFinancial Handbook, Vol. I subject to thefollowing conditions:-(i) That a statement of drawals is sent daily to therespective Head Postmasters who will be responsiblefor tracing the payments in scrolls received from thebank and keeping a watch over the transactions.(ii) That the overall responsibility for the correctnessof the payments will rest with the Head Postmasterswho may conduct periodical checks of the paymentsmade to satisfy themselves about the correctness.(Notwithstanding the fact that the official nowauthorised would be any way responsible for thecheques issued by them).(iii) Head of the Circle, with the help of the GM(F)/
4BHARTIYA POST JANUARY, 2007
DA/(P) concerned, would conduct at least one in-depthmonthly review of the status of the bank reconciliation(HPO-wise / DDO wise) in his / her circle and includeit in his monthly report on important events toSecretary (Post). Circle IFA would, in addition to themonthly review, also bring any irregularities / abnormaltrends to the notice of Head of the Circle, in writing asand when noticed.u G.I.,M.F., O.M. No. 5 (2)-B(PD)/2006, dated 18-09-2006
Interest for conveyance Advance 2006-07The undersigned is directed to state that the rates
of interest for advances sanctioned to the Governmentservants for purchase of conveyances during 2006-2006, i.e., from 1st April, 2006 to 31st March, 2007will continue to be at the same level as for 2005-2006,as under:-
Rate of interest per annum
(i) Advance for purchase of Bicycle 5.5%(ii) Advance for purchase of
conveyance other than motorcar (viz. motor cycle, scooter, etc.) 8%
(iii) Advance for purchase of motor car 11.5%u Dept. of Posts, Lr. No. 4-8/06-Pen., dated 22-09-2006-11-29
Timely payment of Dearness Relief toPensioners / Family Pensioners.Complaints from various corners are being received
that there is inordinate delay in payment of DearnessRelief to pensioners / family pensioners, which hasbeen receiving attention of the Government.2. The matter has been considered in consultation withthe Comptroller and Auditor-General of India and theReserve Bank of India. It has been decided to releasepayment of Dearness Relief to pensioners / familypensioners on the basis of the orders of the Departmentof Pension and Pensioners' Welfare without waiting forany further instructions from this office.3. It is, therefore, requested that the pension branchof the circle offices may be advised to act directly onthe Government orders in respect of Dearness Relief,etc. supplied by Government to them through POST,FAX, e-mail or by accessing from the website of thepension paying authorities concerned without waitingfor receipt of orders from the nodal ministry / department.A suitable officer in the circle office may be designatedto access the DoP&T website http:/Persmin.nic.in/pension and send the copies of the order to the PensionDisbursing Offices without further delay.4. The above instructions may kindly be given widepublicity to all concerned POs and it may be ensuredthat the payment of Dearness Relief to Pensioners /
family pensioners is released in time.u D.G.(P) letter No. 110-23/2001-SB (SB ORDERNO. 26/2006), Dated: 31-10-2006.
Post Office Monthly Income Accounts Rules1987-Simplification of Procedure.Kindly refer to this office letter of even number
dated 7-1-2003 (SB Order No. 2/2003) on the subjectcited above.2. In the Annexure to the said letter containingoperating procedure for monthly payment through postdated cheques, the following changes may be madein item No. (i) :-
The sentence "Each cheque will have a validityperiod of three months from the date of maturity"appearing at the end of this item may be substitutedas "Each cheque will be valid for a period ofthree months after the month of issue". This is asper provisions contained in Rule 179 of F.H.B. ManualVolume-I.3. It is requested that the above changes in thecircular cited above may kindly be circulated to allconcerned for information, guidance and necessaryaction.u D.G.(P) letter No. 79-8/2004-FS(Vol.II) (SB ORDERNO. 27/2006), Dated : 8-11-2006.
SCSS Scheme-2004-Issue relating to TDS-Clarification regarding.Kindly refer to this office SB Order No. 15/2006
circulated vide letter of even number dated 26-6-2006on the subject cited above.2. This office is receiving references from variousquarters on furnishing of declaration in form 15-G/15-H and issue of TDS certificates to the depositors.3. It is further clarified that form 15-G form 15-H asapplicable, is required to be furnished by thedepositor once in a financial year in respect of interestdrawn during the financial year. This form is to befurnished in duplicate. The second copy of the form willbe sent by the Incharge of the post office concerned tothe Income Tax authorities within a week after the closeof the month. It should be seen that depositor has givenhis complete postal address in form 15-G or form 15-H.As regards issue of TDS certificate to the depositors, itshould be issued as and when demanded in theprescribed form 16-A. Specimen of Form 15-G, 15-Hand 16-A are enclosed.4. It has also been brought to the notice of this officeby Min. of Finance, Department of Economic Affairsthat number of grievances are being received in thatministry relating to non-acceptance of form 15-H and15-G by the post offices and continuance of taxdeduction despite the depositor filing or offering to filethese forms. It is once again enjoyed upon all that such
5BHARTIYA POST JANUARY, 2007
action is against the provision of law, distressful to thesenior citizen taxpayers and detrimental to the imageof the Government. No tax deduction at source shouldbe made where the depositor is filing 15-H or 15-G or acertificate under section 197(1), as the case may be,as prescribed by the Min. of Finance.5. The above clarifications/guidelines may kindly becirculated to all concerned for information, guidanceand necessary action.u D.G.(P) letter No. 13-10/2006-SR, Dated :12-10-2006.
Alleged non-recovery of union subscriptionfrom pay rolls of the members of All IndiaPostal Extra Departmental Employees Union.I am directed to invite your kind attention to the
instructions contained in Department's letter No. 13-1/93-SR(Pt.) dated 10-8-1994 which inter alia providesas follow :
"Every employee wanting to be a member of aservice association would have to give in writing,addressed to the DDO in the prescribed proforma, fordeduction of subscription from his pay bill. The consentis to be sent through the concerned service associationto which the membership is sought".
As would be seen from the above in the context ofdeduction of subscription, no distinction has beenbetween a recognized and an unrecognized union/service associations.2. Further, vide Department's letter No. 13-2/94-SRdated 27-4-95 the above instructions were madeapplicable to Extra Departmental Agents also3. However, the Department has received complaintfrom All India Postal Extra Departmental EmployeesUnion (AIPEDEU) stating that recovery of subscriptionsof the members of the AIPEDEU is not being deductedfrom the pay rolls and remitted to the union in manydivisions in your Circle. It is requested to issue suitableinstructions to all concerned for following theinstructions of the Department, referred to in thepreceding paragrarph, scrupulously.u D.G.(Posts) Letter No. 28-5/2000-CI, Dated:13-9-2006.
Authorisation of Ex. D.O. (PLI), PRI (P) andselected postal Assistants (who are wellversed with PLI & RPLI scheme/jobs) forprocurement of PLI/RPLI Business-reg.As per road map fixed for PLI and RPLI, we have
to increase the premium income both in PLI and RPLIby 23.5% and 50% respectively each year. The circlesare facing difficulties in achieving the targets due toless deployment of our field staff. In view of this, therehave been continous demands from the circles toincrease the field staff by authorizing the Ex. D.O.
(PLI), PRI(P) and selected Postal Assistant forprocurement of PLI/RPLI business. This proposal hasbeen under consideration of this directorate and it hasnow been decided to authorize Ex. D.O. (PLI), PRI(P) and selected Postal Assistant for procurement ofPLI/RPLI business on the following conditions:1. They will procure business during off duty hours
and on Sundays/Holidays.2. Incentive at the rate applicable to Dos (PLI) will be
paid for whole business without deducting incentivefree business.
3. No TA/DA shall be paid for canvassing PLI/RPLIbusiness.
u D.G.(P) letter No. 4-11/06-Pen, Dated: 08-12-2006.Issue of a show-cause notice to the pensionerbefore imposing a cut in his pension wherethe pensioner is convicted in judicialproceedings for an offence committed by himwhile in service.I am directed to forward herewith a copy of OM
No. 38/64/05-P&PW(A) dated 9/11/06 received fromthe Department of Pension & Pensioners Welfare, NewDelhi on the subject noted above for information,guidance and necessary action.Encl. : As above.
Ministry of Personnel, PG and Pension letter No.38/64/05-P&PW(A), Dated: 9-11-2006.
OFFICE MEMORANDUMIssue of a show-cause notice to the pensionerbefore imposing a cut in his pension wherethe pensiner is convicted in judicialproceedings for an offence committed by himwhile in service.As per this Department's OM No. 38/31/86-P&PW
dt. 1st January, 1987 (GOI Decision No. 4 below Rule9 of CCS (Pension) Rules, 1972). When a full-fledgedenquiry under CCS (CCA) Rules has been conductedand the person concerned has been given anopportunity to show cause in the proceedings, it isnot necessary to give the pensioner concerned anyfurther opportunity to show cause before imposing thecut in pension.2. The question whether a show-cause notice to thepensioner is necessary before imposing a cut in hispension where the pension is convicted in judicialproceedings for an offence committed by him while inservice, has been examined in consultation withDepartment of legal affairs and it has been decidedthat in order to meet the principal of natural justice, itis a pre-requisite to issue a show cause notice on thebasis of conviction by the court to the pensioner beforeimposing any cut in his pension for clear manifestationof principle of natural justice.
6BHARTIYA POST JANUARY, 2007
REPEATSu Copy of D.G. (Posts) letter No. 4-26/98-Vig.Dated:- 29 January 1999
Improving Vigilance AdministrationCentral Vigilance Commissioner vide letter No. 8
(1) (h)/98 (1) dated 18-11-98 (copy enclosed) issueddetailed instructions and guidelines with a view toimproving the vigilance administration, creating a cultureof honesty, greater transparency in administration asalso for speedier finalisation of departmental inquiries.The following action points have been identified onwhich action is required to be taken by thisDepartment.(i) Create culture of honesty.
In order to ensure that a culture of honesty isencouraged in the Department and has beendecided with immediate ef fect that junioremployees who initiate any proposal relating tovigilance matters which is likely to remit in areference, to the CVC can send a copy directly tothe CVC by name. CVC will monitor the progressof such a proposal and the action taken thereonby the Department concerned. This will encouragethe junior employees to give their free and frankviews and help to build and develop a culture ofhonesty. However, if a junior officer makes a falseor frivolous complaint, it will be viewed adversely.(ii) Greater transparency in administration.
CVC has identified lack of transparency as onemajor source of corruption. To curb this corruptpractice, greater transparency work be useful. Thereis a scope for patronage and corruption especially inmatters relation to tenders, cases identity such itemwhich provide open for corruption and where createdtransparency would be useful. All Heads of Circlemay identify such items at their end and forward thelist to this Directorate latest by 15th February, 1999.A list of items prepared on the basis of complaintsusually received is enclosed. Competent Authoritiesat different levels should give publicity of the identifieditems within their competence in their respective noticeboards.(iii) Speedy departmental inquiries.
Another source of corruption is that the guilty arenot punished adequately and promptly. This is becauseof the prolonged delays in the finalisation ofdepartmental inquiries. One of the reasons is over-burdening of IO / PO with their normal and routinework. CVE has, therefore, directed that theDepartment should review all the pending cases and
assure that the disciplinary authority may appointmentofficers from among the retired honest employees inconducting the inquiries. The names of such officersmay, however, be got cleared by the CVC. Therefore,all Heads of Circles and Regions are requested tofurnish the list of retired and honest employees whoare willing to work as IOs for the purpose of conductinginquiries.
The following time limits have also been prescribedfor the expeditious completion of the departmentalinquiries:-(a) Appointment of Inquiry Officer and Presenting
Officer in the cases presently pending should bemade within one month. In all other cases, theymay be appointed immediately after the receipt ofthe statement of defence denying the charges.
(b) The oral inquiry should be completed within a periodof 6 months from the date of appointment of theInquiry Officer. The IO should lay down a definitetime frame for inspection of the listed documentssubmission of the list of defence documents anddefence witnesses and inspection of defencedocuments before the regular hearing is taken up.Once this time frame is worked out by the IO, thehearing should be conducted in day-to-day basiswithout adjourning on flimsy or frivolous grounds.In any case, there should not be more than twoadjournments in any case so that the time limit ofsix months is observed.
(c) The IO/PO, the DA and the Vigilance Officers willbe accountable for the strict compliance of theseinstructions.
(iv) Tenders.Tenders are generally a major source of corruption.
In order to avoid corruption a more transparent andeffective system needs to be introduced. Therefore, ithas been decided that post tenders negotiations arebanned with immediate effect. except in the case ofnegotiations with the lowest tenderer.
It is, therefore, requested that the instructionscontained in CVC letter cited above may be strictlyadhered to and brought to the notice of all concernedand compliance reported to this office along with therequired information latest by 15 February, 1999positively.
(This important order has not earlier been
circulated to the divisional levels. This 'REPEAT'
will be purposeful to arrest the menance of
corruption at all levels.) ....(To be continued)
7BHARTIYA POST JANUARY, 2007
A DRA CONIAN ORDERS ! KARNATAKA GOVT. UNLEASHESAGAINST ITS EMPLOYEES
The State Govt. of Karnataka circle hasissued a dra conian and anti labour orders toscuttle and curb the trade union activities of stateGovt.. employees rather worser than theoppressive measures of Tamilnadu State Govt.This is nothing but to intidimate the state Govt.employees which should be fought by tooth andnail by all the working class in the country.
The main excerpts from the letter No. DPAR-3 SENINS 2006 dt. 26-10-2006 of the KarnatakaState Govt. follows :-
Regarding the consequences ofparticipating servant.
Ref.: Govt. Circular No. DPAR 10 SENISI 1996dt. 15-2-1996.
Any state civil servant is prohibited fromparticipating in a strike as per the Karnataka statecivil service (Prevention of strike) Act 1996. Thedefinition of strike is given in section 2(2) of thesaid act. (definition of strike is also given underRule 106-B and explanation under rule 254 ofthe Karnataka Civil Service Rules). Any civil servantparticipating in a strike is liable to be imprisoned fora term extendable up to 6 months or pay fine of Rs.500/- or to undergo both punishments concurrently.The consequences to be faced by the civil servantfor participating in a strike is given in the circularunder reference, accordingly :-1. Any person compelling or instigating a civil
servant in participating in a strike is liable forimprisonment extendable up to one year andpay find up to Rs. 1000/-.
2. If the offence is committed by an associationthe person incharge of the associationresponsible for conducting the affairs of the
association shall be deemed to be responsiblefor the offence committed by the associationas per the Karnataka state civil service(Prevention of strike) Act 1966 and action willbe initiated against such persons andpunishment may be imposed.
3. Disciplinary action may be taken against theperson undergoing such punishment as perrule 14 of the Karnataka State Civil Service(Classification, control and appeal) Rules 1957.
4. Any police officer is authorized to arrest thecivil servant participating in a strike withoutwarrant.
5. Besides, a civil servant participating in a strikehas to face the following consequences asper the Karnataka State Civil Service Rules.
a. As per rule 106-B of the Karnataka state civilservice rules any civil servant participating instrike shall not be eligible for any kind of leaveor the period of strike. For the period ofabsence due to participation in a strike allthe leaves at credit of the civil servant getlapsed, and
b. According to rule 254 of said rule a civilservant will forfeit his entire service for thepurpose of pension.
6. It is, once again, requested to bring the abovementioned consequences of participating in astrike by the civil servant to the notice of allGovernment employees under the control of yourdepartment.Note : Despite such repressive measures morestate Govt. employees of Karnataka Stateparticipated in the one day General Strike on 14-12-06. RED SALUTES TO BRAVE COMRADES.
During discussions, the DDG (P) agreed to cause instructions to circle heads in case of seekingclarifications to fill up the residual vacancies (unfilled up vacancies earmarked to Postman / Group'D') remaining unfilling up since 2000 onwards. He informed that in cases if any action was initiated
to fill up the posts under residual vacancies within one year after the exam, there is no bar to fill upthe vacancies now.
All Circle Secretaries are requested to pursue with the Circle Administration either to fill up the
vacancies or to refer the matter to Directorate so that these posts will be filled up at the earliestpossible either by conducting an exam among GDS officials or by direct recruitment.
RESIDUAL VACANCIES - FILLING UP OF THE POSTS
8BHARTIYA POST JANUARY, 2007
FROM GENERAL SECRETARY'S DESK
Dear Comrades,KUDOS:-
At the outset, I record my heartiest congratulationsto all the comrades who bravely participated in the14th December 2006 strike and made it a grandsuccess in the postal. Reports are quite encouragingthat in many circles there was total dislocation ofservice and our comrades proved once again that theywill show their oneness and unity against all anti-workerpolicies of the Government. Our sincere appreciationsto all the Branch / Divisional Secretaries at base levelswho engineered this movement and made it a grandsuccess.RANK & FILE IS THE BRAIN OF ORGANISAION:-
Comrades, I am always practising this very simpletheory that 'all are equals; we are one among theequals." I am always thinking that there are manycomrades who had excellent skill and knowledge butcould not get the opportunity as if I got to serve in themovement as General Secretary. Therefore, I desireand seek the opinions of the rank and file always andonly with their able guidance, the movement will marchforward.PRIORITIES - TWO:-
There are two problems which I felt very seriousat the time of my assumption as General Secretary:One is the Screening Committee and the other is thenon-filling up of HSG.I posts etc. There are manyother problems of course! But the priority remains onthese issues.DON MANTLE DRESS:-
After the continuous preservation by the CHQ andalso NFPE, now a cabinet note has been prepared bythe department requesting to exempt the postaldepartment from the purview of Screening Committee.Unfortunately, the file still is under clearance of ourHon'ble Minister. We have categorically informed thedepartment unless the ban is lifted and adequate postscreated, we will not rest. The working committeemeeting scheduled to be held at Karim Nagar from22nd to 23rd December 2006 will take some seriousdecision of agitational programmes exclusively for thisdemand.REALISE RESPONSIBILITY:-
So far the problem of filling up of HSG.I post isconcerned, it is almost over and the Circle / DivisionalSecretaries should see whether the Directorate ordersissued vide letter No. 4-16/2002-SPB.II dated 20-11-2006 is properly implemented.
CLEAR ORDERS:-According to the order mentioned in para supra,
all the existing HSG.I posts shall be filled up with theHSG.II norm based officials without observing anyminimum service in HSG.II. This relaxation isapplicable for one year or till the Recruitment Rulesare notified whichever is earlier.BE SERIOUS ON CHECKLIST:-
Now the department is processing to issue arevised HSG.I Recruitment Rules at the earliest.Comrades! as such, all the vacant HSG.I posts canbe filled up and please see the checklist annexed withthe said order. In which, it is categorically stated thatbefore issuing HSG.I promotion, the notional LSGpromotion & HSG.I promotion from 1986 to 2002 beensured notionally. Secondly the 1/3rd LSG vacanciesearmarked for general category from 24-01-2002 to18-05-2006 be filled up on notional basis. After 18-05-2006, all the vacant LSG posts be filled up.
If this process is adhered strictly there will be morenumber of HSG.II officials with notional promotion andall will get HSG.I promotion immediately.REMAINING TWO FACTORS:-
It is my fervent appeal to all my Circle Secretariesand Divisional Secretaries to see that this problem isonce for settled by strictly adhering the Directorateorders. Hereafter, there are only two issues remainunsettled in the LSG, HSG.II & HSG.I issues.(i) Rule 38 officials affected due to seniority in the
divisional gradation list;(ii) Variation of LSG posts in different divisions and
the seniors of the circle gradation list affected inLSG promotion;In order to settle these anomalies also, the CHQ
is moving seriously and hope that we could settle thisissue once for all shortly.FORMATION OF GDS COMMITTEE - REJECTIONOF REQUEST:-
Despite the requests and placing as a demand inthe charter of demands for 14-12-2006 strike to formGDS committee headed by a Judicial member, thedepartment has replied to NFPE in its letter No. 8-7/2006-SR dated 08-12-2006 as interalia:
"Keeping in view the overall interest of Gramin DakSevaks, it has been decided at the level of Hon'bleMinister of Communications & IT to constitute aCommittee for GDS to be headed by Senior RetiredOfficer of the Department of Posts. You will appreciatethat Gramin Dak Sevaks is an institution peculiar to
9BHARTIYA POST JANUARY, 2007
the Department of Posts and, therefore, a departmentalofficer would be most suited to the assignment."CLARITY VISION:-
The department is neither willing to remit the GDSissues for consideration by 6th Pay Commission notby a Judicial Committee. This clearly indicates thereluctance in mitigating the genuine discriminationsand grievances of the GDS comrades. Our NFPEhas taken a clear stand that unless a committeeheaded a Judicial Member, we will not rest. Furthercourse of action will be decided soon.SOUGHT HELP:-
Meanwhile, a delegation led by Com. C.C. Pillai,Secretary General, NFPE along with Com. DesrajSharma, General Secretary, P-IV, Com. Giriraj Singh,General Secretary, R-III, Com. S.S. Mahadevaiah,General Secretary, GDS Union and myself met Com.Basudeb Acharya, MP on 15-12-2006 and requestedhis good offices on this issue. He had also assuredto talk with the Minister.PAY COMMISSION:-
We are seriously drafting the memorandumpertaining to the problems of P3 comrades and thedraft copy will be placed in the working committeemeeting on 22-12-2006 at Karim Nagar. A draft copywill be suppled to all the Circle Secretaries forcirculation to divisions and consolidate their views,
suggestions and forward to CHQ before finalsubmission. Meanwhile, it is also in my opinion toexhibit the same in the website and will try for it.BHARTIYA POST:-
In fact, the cost of a single of journal exceeds Rs.6/- per issue and it is distributed at a subsidy rate ofRs. 2.50 with the intention to mobilise the rank & filewith updated information. The Divisional / BranchSecretaries should initiate efforts to enrol moresubscribers for the journal, which alone will keep ourorganisation in live. Can I expect this from myDivisional / Branch Secretaries in the new year 2007?URGENT PLEASE :-
My fervent appeal to furnish the updated mailinglist of all Divisional / Branch Secretaries is yet to becompiled by most of the circles. Updating the mailinglist is most essential for the safe receipt of mails, journal,news letters etc. from the CHQ to the Divisional / BranchSecretaries. All are requested to furnish their latestaddress to the CHQ without any hesitation or delay.
Let us meet in the next.SEASONS GREETINGS AND A HAPPY NEW
YEAR TO ALL COMRADES!
K.V. SridharanGeneral Secretary
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10BHARTIYA POST JANUARY, 2007
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11BHARTIYA POST JANUARY, 2007
LETTERS FROM D.G.(P) TO CHQl D.G.(P) letter No. 16-91/2006-SR, Dated: 23-11-
2006 addressed to Central Headquarters.Shortage of stationery forms, passbooks etc.
in Chhatisgarh Circle-reg.
I am directed to refer to your letter No. P/2-17/
Chh. cle dated 17-10-2006 on the above mentionedsubject.
2. The matter has been examined in consultation withthe Circle Office. As reported, the position of forms
and all categories of passbooks is normal.(No. P/2-4/Chh cle)
l D.G.(P) letter No. 16-104/2006-SR, Dated: 23-11-2006 addressed to CPMG, Orissa and copy to Central
Headquarters.Misuse of Media Post & Displaying sign boards
against the interest of traditional services of
Department - reg.
I am directed to enclose a copy of letter No. P/2-1/Bhubaneswar dated 10-11-2006 received from
General Secretary, All India Postal Employees UnionGroup 'C' on the above mentioned subject.
2. It is requested to look into the matter and furnisha detailed report to this office at the earliest.
(No. P/2-16/Bhubaneswar)
l D.G.(P) letter No. 16-100/2006-SR, Dated:November, 2006 addressed to CPMG, Bihar and copy
to Central Headquarters.Alleged irregular transfer of Postmaster (HSG-
I) Buxar HO, Bihar Circle-reg.
I am directed to enclose a copy of letter No. P/2-
4/Buxar dated 12-11-06 received from the GeneralSecretary, All India Postal Employees Union Group
'C' on the above mentioned subject.2. It is requested to look into the matter and furnish
a detailed report to this office at the earliest.Encl. As above.
l D.G.(P) letter No. 25-13/2006-FS, Dated: 1-12-2006 addressed to Central Headquarters.
Regarding grant of educational loan to postal
staff.
Ref.: Your letter No. P/5-4/WF dated 11-10-2006.
Undersigned is directed to say that proposal of
the union was examined by this office and it is tointimate that the funds available in the silent accounts
are not under the control of Department of Posts. Entirefunds under all Saving Schemes are utilized by Min.
of Finance and Department of Posts is only theexecuting agency of that ministry. Hence it may not
be possible to accept the proposal. However initiative
taken by the union is appreciable.This issues with the approval of DDG (FS).
l D.G. (P) letter No. 2-85/2006-PAP dated 07December 2006 dated addressed to Central
HeadquartersAnte-dating of increment - case of Shri H.S.
Nageraja, PA, Mysore University PO - reg.
I am directed to refer to your office letter No. P/2-
11/Mysore dated 10-11-2006 on the above subject.2. In this connection, it is requested to advise Shri
Nageraja for representing his case through properchannel.
(Endt. No. P/2-11/Mysore)l D.G.(P) letter No. 26-9/2006-PAP, Dated: 12-12-
2006 addressed to Central Headquarters.Resolution of Productivity Linked Bonus
adopted in the 26th All India held at Jawalaji
(HP).
This is with reference to your letter No. P/1-1/AICRes dated 9-11-2006 on the subject cited above.
2. In this connection, it is intimated that the issue ofProductivity Linked Bonus has been referred to 6thPay Commission for a decision as per direction of
Ministry of Finance.l D.G.(P) letter No. 9-18/2006-PF, Dated: 12-12-
2006 addressed to Central Headquarters.Resolution on Postal Stores Depot adopted
in the 26th All India Conference held at
Jawalaji (HP) from 14-17 Sept. 2006-reg.
I am directed to refer to your letter No. P/1-1/A/CRes dated 09-11-2006 on the subject noted above.
2. It is stated that in order to avoid shortage of Postalforms, Heads of Circles have been addressed vide letter
No. 5-1/2006-PF dated 12-09-2006 to float tenders forprinting of forums through Private Presses without
seeking 'NOC' from Directorate of Printing, in caseGOI Press fail to supply the same in a reasonable
time. Copy of the said letter is enclosed for readyreference.
Encl : As Above.D.O. No. 5-1/2006-PF, Dated: 12-9-2006
Ministry of Urban Development has issued ageneral circular vide No. O-17034/12/2004-Pub/F.D.
dated 28th February, 2006, advising all Ministries/Departments of the Government of India that the
requirement for obtaining No Objection Certificate(NOC) from the Directorate of Printing before resorting
12BHARTIYA POST JANUARY, 2007
to printing through private presses, is dispensed with,
with immediate effect. They have also advised that forthe next three years i.e. upto 31-12-2008, the
Directorate of Printing should be given 'PurchasePreference' by the Ministries, etc. and thereafter the
Government of India Printing Presses would competewith the private printing presses in the open market. A
Copy of the letter is enclosed.2. This Directorate has sought clarification from the
Ministry of Urban Development about the details ofthe 'Purchase Preference'. Their reply is awaited.
3. Pending the clarification from the Ministry of UrbanDevelopment and in order to avoid acute shortage of
various kinds of forms and given the fact that publicinconvenience is largely involved, it has been decided
in the Directorate:(a) That the Heads of Circles may go ahead with
floating of tenders in respect of those forms wheresupply from Government of India Presses has been
inordinately delayed and award the work by following
usual codal formalities as stipulated in GFR without
asking for any 'NOC' from Directorate of Printing.(b) For future requirement, Heads of Circles may first
place orders with the Government of India Pressesand if no supply is received within a reasonable period,
they may float tenders without seeking a No objectionCertificate from Directorate of Printing, with just a copy
of the tender notice to Directorate of Printing. Thiswould enable Government of India Presses to
participate in the tender, if they so desire. If theGovernment of India Presses/Directorate of Printing
do not participate in this tender. Heads of Circles maygo ahead in deciding the tender as per relevant
provisions/stipulations of the GFR.4. In between, if the Ministry of Urban Development/
Directorate of Printing sends details and clarificationof 'Purchase Preference', these orders, if necessary
would be reviewed again and revised instructions, ifnecessary, would be issued.
5. Kindly acknowledge receipt of this letter.
POSTAL BILL DELAYED, MAY BE TAKEN UP IN BUDGET SESSIONMUMBAI : The department of posts' (DoP) efforts in pushing the India Post Office (Amendment) Bill '06
seem to be making no headway. The Bill is languishing with the committee of secretaries (CoS) forreconsideration and incorporation of changes. "The Bill is not going to come up in its present from. We havesent it to CoS to incorporate certain changes and make modifications." said Jyotsna Deish, Secretary, DoP.
There was talks that the Bill would be taken up in the winter session of Parliament, but clearly this willnot be the case. "It will take a long time as it has to pass through various levels of reckoning and approvalsand will possibly be taken up only in the Budget session" says Ms Deish. Although the approval has beensubstantialy delayed, DoP believes that the Bill will be implemented as it is just and duly warranted.
The Bill took shape when DoP, citing its Universal Service Obligation (USO), had called for an amendmentto the Indian Post Office Act to give itself exclusive rights for carriage and delivery of letters, weighing below300 grams or three times the value of a mail, across the country. The amendment also pointed at reducingforeign direct investment (FDI) in the express industry to 49% and a 10% levy to be paid by private operatorsfor servicing DoP's USO.
According to a recent study conducted by Mumbai-based Credit Analysis and Research (CARE) advisory,the size of the Indian Express industry is around Rs 7,100 crore ($1.6bn) with 2,500 players, derived fromtheir service tax payment of Rs 630 crore in 05-06. The list includes Blazeflash, Professional Couriers,Overnite Express, Prakash Air, Freight, First Flight, AFL Wiz, Vichare among a host of other semi-organisedand unorganised players to the tune of about 28% in various parts of the country. Considering, if the Bill in itscurrent form were to get through, the industry could have suffered a revenue loss of around Rs 670 crore ayear, or a 30.5% reduction in business.
Ms Deish also said that India Post has been collecting suggestions from various sources, includingexperts, academia and industry "which are being incorporated and will be reflected in the final form of theBill". While the DoP is slaving it out, the private courier industry is happy, at least for the time being. RKSaboo, chairman, Express Industry Council of India (EICI), says, "It is good that the matter has beendeferred to incorporate suggestions but we would expect the DoP to have a two-way dialogue with theindustry within this time." Mr Saboo also believes that holding these talks will" put viewpoints across thetable and lead to a path of adopting practices which are followed by express industry worldwide."
(The Economic Times, Dt. 7-12-2006)
13BHARTIYA POST JANUARY, 2007
LETTERS TO DEPARTMENTn Letter No. P/4-7/IPOs Exam, Date: 07 December2006 addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Allowing to appear in the DepartmentalExam like IPOs - case of physicallyhandicapped officials - reg.
Ref.: Directorate letter No. 7-8/04-SPB dated 28-07-2005
It is brought to our notice that the Directorate hasclarified vide its letter referred above that physicallyhandicapped officials should not be allowed to appearin the IPO Examination as they are unable to performthe physically demanding nature of work.
This is unfortunate and total injustice to thephysically handicapped officials who fulfil all the requiredqualifications, skills etc. and could perform the dutiesefficiently and effectively. There are many jobs in IPOcadre which did not require any outdoor duties. Evenin the case of physically handicapped officials, theycould also do the outdoor duties with the vehicle,advance equipments or with the assistance.
Their disability should not be construed or taken as aruse to deny their justified right to appear in the examinationwhich is against to the canon of natural justice.
It is, therefore, requested to reconsider the decisionand allow all physically handicapped officials to appearin the exam under relaxed terms or at least fix somereservation of the posts of IPOs which do not requireany outdoor duties like in circle, regional offices.
Soliciting immediate response,n Letter No. P/4-4/Refund of Fee, Date: 07 December2006 addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Refund of fee for appearing AMFI (Associationof Mutual Fund Industry) Exam to allcandidates - reg.
Ref.: Directorate letter No. 95-02/2006-FS dated31-05-2006According to the Directorate instructions referred
above, the officials who are appearing the AMFI testhave to pay the fees of Rs. 500/- in the form of DD andthe said amount my be waived and refunded only tothe successful candidates.
This is arbitrary and unjust. The training ispertaining for the services of Unit Trust of India. In mostof the divisions, the officials are compelled to write thetest in order to promote the UTI business. As such thedenial of refund of exam fee is unjust and unfair.
It is most pertinent to mention that the officials
come out successful are not being paid with any higherpay scale or with any extra remuneration. This isnothing but to promote the business skill of the officials.As such, the entire amount spent by the employeesfor examination be borne by the department either onown or collecting from UTI etc.
It is, therefore, requested to cause revisedinstructions granting refund of exam fee to all thoseappeared in the examination duly borne theexpenditure by the department itself under BD head.
A line in reply about the action taken is highlyappreciated.n Letter No. P/4-1/Shortage of Staff, Date: 15November 2006 addressed to Smt. Jyotsna Diesh,Secretary, Department of Posts.
Shortage of staff - remedial measuresrequested - reg.
Ref.: This union letter P/2-1/Gudur dated 17-10-2006Apropos reference, I wish to inform that neither
the letter mentioned in the reference is acknowledgednor replied so far.
The reference contains various suggestions tomeet the unbearable shortage existing in the PostalAssistant cadres. The following are few:-(i) The vacancies existed prior to formation of
Screening Committee may be filled up;(ii) The vacancies unfilled up under "Residual" since
2000-01 due to non-qualifying the exam by thedepartmental candidates can be filled up byconducting exam among GDS officials or by directrecruitment;
(iii) By granting OTA to all A, B & C office SubPostmasters and exempting the ceiling limit isone of the solution. In respect of one shortage, atleast three hours OTA may be ensured;
(iv) Extending the honorarium for RD premature closureto the staff working in sub offices;
(v) Granting MIS honorarium to all post officesremoving the counter ceiling of Rs. 500/-;
(vi) Granting incentive to RPLI work at divisional office/ Head Post offices;
(vii) Granting incentive for all the new products andbusiness activities;Apart from the above, we wish to place the
following for your kind consideration:-1. Outsourcing the work in permanent and leavevacancies of Postal Assistants by engaging retiredPostal Assistant pensioners.
14BHARTIYA POST JANUARY, 2007
There are many retired officials willing up to work inthe post office on daily wage basis at the minimum ofthe scale. This can be considered that as retired officialsare receiving pension, there is no chance of claimingfor regular absorption and they are conversant with thenature of job. If the services of retired pensioner isutilised, it will ensure some relief for the day-to-day work.2. Now GDS are working in departmental postmenvacancies and they are considered as outsidersworking in the post and granted minimum pay in thepostmen cadre. Similarly, the well qualified GDSofficial now available in abundant can be utilised in thesame manner for the vacant posts of Postal Assistantfor 6 to 8 hours. A written statement from them maybe obtained if need be, prior to engagement that hewill not claim regular / temporary appointment due totheir engagements in the vacant posts.
If both the above proposal are considered in truespirit considering the untold sufferings, and miseriesof the Postal Assistants, it will be a great relief inreducing the ill effect of shortage of manpower.
It is further learnt that the department is venturingwith new business tie up like Rail Ticket Reservationat Head Post Offices etc. and all these works couldbe done by ensuring adequate Group 'C' staff.
I am perforced to bring to your kind notice that unlessa immediate relief is not arranged to mitigate the sufferingsof the Group 'C' staff, we have no other alternate exceptto launch series of trade union programmes.
It is requested to consider the proposals and causeorders at the earliest and maintain peace and amityamidst the workers who are carrying forward thedepartment with a new dimensions by their hard work.
A line in reply about the action taken is highlysolicited.n Letter No. P/4-5/RPLI, Date: 15 November 2006addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Spot payment of incentives to BPM / Agentsfor RPLI work - reg.This is regarding the spot payment of incentive to
RPLI Agents i.e. all BPMs / SPMs / SDI / ASPOs forthe business secured by them.
Despite the fact that incentive for procuring RPLIbusiness is prescribed in the Directorate letter No.35-15/78-LI (vol. III) dated 21-08-96 and 27-11-96, theincentive money has not been paid to the officials foryears together due to dearth of funds and non allotmentto circles. In many circles, the incentive is not paidover two to three years and the officials who securedbusiness become frustrated and ill motivated due to
non payment of the dues.It is pertinent to mention that the incentive amount
payable is based on the business secured by theofficial. As such there should be no link to pay theincentive with allotment of funds etc. It should be paidin the form of Productive-Linked incentivesimultaneously in order to motivate the officials forbetter business productivity.
It is, therefore, requested to delink the incentivepayment from the present procedure of allotment offunds and the incentives be paid on the spot withoutlink to funds allotment which will certainly improve thebusiness activities in RPLI at rural areas.
A line in reply about the action taken is highlyappreciated.n Letter No. P/4-4/OTA/MR/TE, Date: 15 November2006 addressed to The Secretary, Department ofPosts.
Allotment of additional funds under head OTA/ MR / TE - reg.Kindly refer to this union letter P/58-2/Funds dated
18-09-2006 on the subject mentioned above and sorryto inform you that neither the letter is acknowledgednor any action taken so far to allot additional fundsunder head OTA / MR / TE etc. For example the OTAbills since from August 2005 pending undisbursed inOrissa Circle due to paucity of funds. The same isthe position for TA / MR claim also.
It is therefore once again requested to interveneinto the matter personally and ensure adequateallotment of funds to clear the pending bills under headOTA / MR / TA bills at the earliest.
Soliciting for immediate response,n Letter No. P/4-1/LSG/HSG.II/HSG.I Prom, Date:15 November 2006 addressed to Smt. Jyotsna Diesh,Secretary, Department of Posts.
Promotion to LSG / HSG.II / HSG.I - theproblems existed - request clarificatoryinstructions - reg.Apropos discussion on the subject earlier, I am
per-forced to bring to your kind notice about thefollowing problems being faced at field level in respectof grant of LSG / HSG.II promotions.(i) In many circles like Orissa, the notional promotion
to LSG upto 2002 has not been accorded. Theone time measure to grant HSG.I promotion byrelaxing the condition has not been implemented.Resultantly, the FTP qualified officials alone areofficiating / holding in all HSG.I posts. A clearinjustice to the senior entitled officials.
(ii) In many circles, the 1/3rd vacancies pertaining to
15BHARTIYA POST JANUARY, 2007
seniority quota in LSG has not been accordedafter 2002. This will have adverse impact whilegranting HSG.II promotions. The seniors entitledfor HSG.II promotions will be left out and the FTPqualified officials will override the seniors in thepromotions. It should be ensured that thepromotions under 1/3rd quota should be grantedon notional basis form the date of their entitlementand their seniority position in the LSG gradationlist should be protected. An updated gradationlist as on 01-07-2006 may be issued by all circlesincorporating all the officials promoted to LSG upto01-07-2006 by duly ensuring all the vacant postsin LSG are filled.
(iii) As per the provisions contained in Volume IV, allpromotions upto HSG.I are based on seniority cumfitness. After the issue of 18-05-2006 revisedRecruitment Rules notification wherein it containedthat the LSG / HSG.II promotions are by selection,some circle heads are adhering the selection methodfor LSG promotion by assessing the CRs for fiveyears of such officials before according promotionalorders. This has resulted denial of promotion to manyentitled officials. A clarificatory order to this extentto describe the LSG / HSG.II promotions be basedon seniority-cum-fitness is requested.
(iv) The notional promotion to LSG from 1986 to 2002were granted treating the LSG as a divisional cadre.Resultantly, the following problems were crippled:-
(a) As per the provisions of Postal Manual Vol. IV,the combined circle gradation list of PostalAssistants is the basis for LSG promotion. Thishas been sidelined and the Rule 38 transfereeshave been denied LSG promotion. As such, thesenior Rule 38 transferees, based on the CircleGradation List be granted notional LSG promotionwith retrospective due date or allow modificationof LSG at par with their juniors which will alonerender justice to the senior aggrieved officials.
(b) Since the LSG notional promotion was grantedon divisional basis, in some divisions due to morenumber of LSG posts in existence, the juniorscould get LSG get promotion. Due to dearth ofLSG Posts, other divisions, the juniors could notget LSG promotion which will have adverse effectin the HSG.II / HSG.I promotion. Modification ofLSG by granting notional promotion will be theonly solution in mitigating the anomaly prevaileddue to various changes in procedures in the LSG/ HSG.II Recruitment Rules.
(c) We are of the firm opinion that LSG should be a
circle cadre and postings be considered withinthe divisions where the officials are working. Thereis no need to change the present position andLSG be retained as circle cadre only. It is furtherrequested that LSG officials may be allotted todivisions and the Divisional Supdt. may beauthorised to issue posting orders to LSG officials.
(v) A combined gradation of all Postal Assistants incircle should be prepared as per Rule viz. date ofconfirmation, thereafter DCCS and now accordingto merit as per Department of Personnel andTraining OM No. 20011/5/90-Estt (O) dated 04-11-92. There is no need to prepare the circlegradation list separately for mufussil units and cityunits. A circle gradation list of Postal Assistantsas a whole will be sufficient. This work should beupdated and circulated within a stipulated time.
(vi) The pay scales of HSG.II & BCR are one and thesame. After the modification of FR 22 on 30-08-89, any official holding / drawing the pay of HSG.IIon regular basis even for a single day can verywell officiate in HSG.I, as these promotions arein the same general line. The officiating pay forthe officiation in HSG.I posts by the BCR officialshave been denied in many circles. This shouldbe clarified. It is pertinent to mention that non-BCR FTP LSG officials are given chance toofficiate in HSG.I posts by sidelining the seniorofficials in many places.
(vii) In some circles like Tamil Nadu, West Bengaletc., some officials were allowed to officiate inHSG.I posts for more than one year and ordersfor the regularisation of such officiatingarrangements beyond one year has been referredto Directorate by the respective circles. The dueofficiating pay had neither been drawn nor takenfor fixation of pension and other retirement benefits.Early orders are requested.
(viii)According to the Department of Personnel andTraining OM No. AB-14017/2/97-Estt (R) dated25-05-98 regarding Amendment to Service /Recruitment Rules, it is permitted to accordpromotion to the higher cadre than the next highercadre (viz. from LSG to HSG.I promotion straightaway) if the official completed 8 years of service.If this analogy would have applied at least manyLSG officials would have been promoted to HSG.Iby this time; Moreover as per the RecruitmentRules the eligibility condition for promotion fromLSG to HSG.II: is 3 years and the same threeyears for HSG.II to HSG.I. As such, the officials
16BHARTIYA POST JANUARY, 2007
who rendered service in LSG either on notional orregular may immediately be promoted to HSG.Iin case if he completed six years service in LSG.The filling up of HSG.I posts should not be delayedon any account.It is requested to consider the above items and
cause clarificatory orders to fill up all vacant LSG /HSG.II and HSG.I posts immediately and withoutfurther delay.
A line in reply about the action taken is highlyappreciated.n Letter No. P/2-13/Aurangabad, Date: 22 November2006 addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Apparent defalcation in the contribution toPrime Minister's Relief Fund in AurangabadRegion, Maharashtra Circle - reg.
Ref.: Your letter No. 16-108/2002-SR dated 28-04-2004Apropos reference, it is dismayed to note that
the result of the action taken by the vigilance branchon this major scam has not been informed so farto this union. The case is pursuing by this unionsince 2001.
It is now learnt that the department has replied toShri B.G. Tamhankar, Mumbai-58 as a reply underthe Right to Information Act 2005, that recovery hasbeen made from the delinquents who defrauded thevoluntary contribution made by the officials to thePrime Minister's Relief Fund.
It is not known whether any enquiry was institutedagainst those who defrauded the money and whatkind of action was taken against those culprits whoare dare to misappropriate the Prime Minister's ReliefFund itself.
It is our firm opinion that as the misused /defrauded amount exceeds more than lakhs, the caseshould be remitted to CBI / for further enquiry to curbsuch kind of frauds in future at any place. Otherwise,the staff will loose faith in contributing their mite forthe noble cause.
A line in reply about the action taken is highlyappreciated.n Letter No. P/2-12/Or Cle, Date: 14 November 2006addressed to Shri P.T.S. Kumar, DDG (P),Department of Posts.
Non-according notional LSG promotion - caseof Orissa Circle - reg.It is rather dismayed to note that the exercise of
granting notional promotion to LSG, HSG.II and HSG.Ifor the vacancies prior to February 2002 has not been
taken place in Orissa Circle and all the HSG.I andHSG.II posts are being officiated only by the FTPqualified officials.
This is a sorry state of affair to hear that the onetime relaxation for HSG.I has also not been carriedout in Orissa Circle and all the posts remain unfilledup on regular basis. This causes a serious concern.
It is, therefore, requested to cause instructionswith time schedule to release the notional LSG listsince 1986 to 2006 at first and grant HSG.II and HSG.Ipromotions immediately as per the earlier orders ofthe Directorate relaxing the conditions.
It is further requested to relieve the FTP officialsofficiating in HSG.I posts by deploying the seniors whoare becoming eligible during the process of LSGnotional promotion.
A line in reply about the action taken is highlyappreciated.n Letter No. P/11-2/JAO, Date: 14/11/2006addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Holding of JAO (Postal) Part -II examination -reg.
Ref.: Your letter No. 3 (3) /99/PA-Admn.1/411dated 08-09-2006Apropos reference, I wish to being to your kind
notice once again that due to non conduct of JAOPart II examination, the fate of the JAO Part -I qualifiedcandidates upto 1994-95 become under question.Their efforts and success in Part -I exam will becomefutile and waste if they are not permitted to appear forPart -II examination.
There is no dispute that there is a long waiting listof the JAO qualified candidates but that may not be aruse to deny the fair chance of coming out successfulin the Part -II examination of the candidates who havealready qualified in Part -I. They may be given a fairchance to write the Part -II exam and the successfulcandidates may be placed under the wait listedcandidates which is already in existence. The numberof such officials will also be a minimum.
It is, therefore, requested to reconsider the decisionand conduct Part -II exams for the candidates who havesuccessfully qualified in the JAO part -I exam earlier.
A line in reply about the action taken is highlysolicited.n Letter No. P/15-5/PO, Date: 14 November 2006addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Authorisation of all LSG / HSG.II / MDGs officesto issue cheques - reg.
17BHARTIYA POST JANUARY, 2007
Ref.: This union letter No. P/2-13/Bhtinda dated09-10-2006A kind reference is invited to this union letter cited
above in the reference wherein this union requested toauthorise all LSG / HSG.II offices of Punjab Circle toissue cheques as per the practice adhered in Haryanato avoid unwarranted delay in the disbursement ofpayments in SB transactions.
Now it is brought to our notice that in many othercircles also like Orissa the similar problem exists.The Directorate guidelines to authorise all MDGs toissue cheques vide your letter No. 61-38/2001-SB dated01-05-2002 has not been implemented in many circlesso far. Not even a single MDG has so far beenauthorised in Orissa Circle.
It is, therefore, requested to cause suitableinstructions to all the circles to authorise the SPMsabove LSG to issue cheques for SB transactions whichwill minimise the delay time and its wastage.
A line in reply about the action taken is highlysolicited.n Letter No. P/11-2/JAO, Date: 14/11/2006addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Counting of Special Allowance for payfixation - case of PO and RMS Accountants -reg.A kind attention is invited to the letter No. 9 (1)/
2004-PA Admn. I/501 to 504 dated 29-10-2006 fromShri T.K. Mitra, ADG (PA and Admn) of Directoratewherein informed that the Special Pay which is nowcalled as Special Allowance drawn in lieu of higherpay scale may be taken into account for fixing payunder ACP to the JAO examination qualifiedcandidates.
The above said instructions were issued inconsultation with DOP&T and the same and similaranalogy should be applied in the case of PO and RMSAccountants also and their Special Allowance shouldbe taken for fixation of pay in the higher cadre onpromotion.
It is, therefore, requested to cause immediateorders on the issue which is hanging over ten years.
A line in reply about the action taken is highlyappreciated.n Letter No. P/4-5/SB, Date: 22 November 2006addressed to The Secretary, Department of Posts.
Acceptance of cheque issued in favour of thedepositor or in turn in favour of Postmaster -clarification sought for - reg.A kind attention is invited to the Directorate letter
No. F.No. SBPG/Misc-4/2006 dated 04-09-2006 (SBOrder No. 20/2006) read with letter No. SBPG / Misc-4/2006 (SB Order No. 22/2006) dated 20-09-2006regarding addition to Rule 11 (3) of POSB Vol. II. Thefollowing doubts raised at field level may please beclarified.i) There is no clarification for the basic point of
objection viz. acceptance of cross cheque(Account Payee) in favour of individual and in favourof any Postmaster for the investment is regular ornot;
ii) In the order dated 04-09-2006, it is observed whilesubstituting Rule 11 (3) of POSB Manual Vol. II,the endorsement to be made by the applicant whenthe cheque is drawn in favour of Postmaster andalso about the cheque drawn in favour of applicantvice-versa and was given effect from 15-09-2006.However, the portion of cheque drawn in favour ofapplicant and endorsement to be made by theapplicant had been omitted in the subsequent orderdated 20-09-2006 which was given effect from 30-09-2006.This has resulted doubts in the field level about
the endorsements to be made for the cheques in favourof applicant and this has to be clarified in clear terms.
It is, therefore, requested to issue necessaryclarifications in this regard and also about the disposalof cross account payee cheque, so that, the officialsdeployed at the counter will not find any difficulties.
A line in reply about the action taken is highlysolicited.n Letter No. P/4-4/Honorarium, Dated: 30-11-2006addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Enhancement of honorarium for enagagingthe officials in departmental examinations-reg.At present, the following rate of honourarium is
being paid to the officials who are brought by thedepartment while conducting the departmentalexamination.(i) Supervisor - Rs. 30/- per session.(ii) Invigilators - Rs. 20/- per session.(iii) Clerk - Rs. 25/- per day(iv) Group 'D'- Rs. 15/- per day.
To remuneration is very meagre while comparingthe strenuous job carried out by the officials. Despitethere is justification, either to grant OTA orcompensatory off, atleast the honorarium sanctionedshall reach atleast to the extent of satisfactions ofthose employees engaging for this purpose.
18BHARTIYA POST JANUARY, 2007
It is, therefore, requested to consider and revisethe honorarium appropriately.
A line in reply about the action taken is highlyappreciated.n Letter No. P/2-1/Ranchi, Dated: 30-11-2006addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Prolonged continuation of suspension of 13officials-case of Ranchi Division in JharkhandCircle-reg.It is brought to our notice that about 13 Postal
Assistants who were recruited in 1996/97 were placedunder suspension from October 2005 by the SSPOs,Ranchi Division based on the investigation unleashedby the CBI authorities about the genuineness of theireducational certificate.
After interaction and enquiry with the officials, theCBI had filed charge-sheets against those officials andthe enquiry is under trail. Meanwhile, it could be seenfrom the charge-sheet filed by the CBI in case No. RC-19 (A)/2005 (R) against Shri Vijay Ranjan Prasad, PostalAssistant, Ranchi that after investigation of the case,adequate evidence could not be collected to substantiateallegations under provision of preventions of CorruptionAct 1988 against him, the copy of which is enclosed.
Similar is the position of all the charged officialsand they are still under suspension even after thelapse of one year which is against to the spirit ofDirectorate guidelines.
As the CBI had filed charge-sheet, after theinvestigation, it is needless to mention that the chargedofficials should have been reinstated into service inthe month of April 2006 itself. At least they would havebeen reinstated at least after one year as per thecategorical Directorate orders issued in 2003.
The officials are put into great hardships besidesmental agony and torture. The officials may bereinstated and allowed to work till the outcome of theCBI final investigation in their case.
It is, therefore, requested to cause instructions tothe Chief Postmaster General, Jharkhand Circle toreinstate the officials immediately and render justice.
A line in reply about the action taken is highlysolicited.n Letter No. P/2-19/Chennai City, Dated: 30-11-2006addressed to Shri P.T.S. Kumar, DDG (P), Departmentof Posts.
Augmentation of permanent post of TechnicalSupervisor, RWPM, O/O the Chief PostmasterGeneral, Tamil Nadu Circle-reg.It is brought to our notice that the post of RWPM
Technical Supervisor is in existence on adhoc basissince 2002 and the Chief Postmaster General, TamilNadu Circle has recommended to fill up the post onregular basis vide his letter No. STC/37-48/98 dated20-09-2006.
The continuance of the post is very much essentialand it is requested to consider the same and accordapproved for the post and also to fill up the post onregular basis.
A line in reply about the action taken is highlyappreciated.n Letter No. P/2-15/NE Cle, Dated: 20-11-2006addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Allotment of quota in the Inspector Post examvacancies statewise- requested- case of NorthEast Circle-reg.
Ref.: Directorate letter No. A-34013/6/2006-DEdated 15-11-2006.
A kind attention is invited to the Directorate letterreferred above in which all Heads of Circles had beenasked to furnish the list of SC/ST candidates who hadavailed of the concessions in the IPOs examination2006 under relaxed standard.
It is most pertinent to mention that the North EastCircle is consisting of six state Governments and alsomost of the parts of the postal circle are in hill areas.Therefore, there are more number of ST officials workingin the North East Circle. As such considering the NorthEast as consistence of six states and allot morevacancies for the ST category in the IPO exam whichwill redress the grievances of the officials.
A line in reply about the action taken is highlyappreciated.n Letter No. P/2-19/Cuddalore, Date: 18 December2006 addressed to Smt. Jyotsna Diesh,Secretary, Department of Posts.
Collapse of congenial atmosphere atCuddalore division in Tamil Nadu Circle - reg.After the joining of the present SPOs, Sri K.
Ramalingam, the harmonic atmosphere of Cuddaloredivion has totally been spoiled and the agitation by allthe circle unions (NFPE, FNPO & BPEF) has not beengiven due weight by the Circle Administration also.
After his joining for each and every welfaremeasures or to get justice in normal course, everybodyis to knock the door of regional / Circle Administration.A simple scrutiny of settlement of medical and TAclaims after his joining clearly shows his anti-welfareattitude. The subordinates and officials are treated byhim as slaves.
19BHARTIYA POST JANUARY, 2007
Frequently he takes to blame his subordinate staffalleging non cooperation for his failure in rightadministration. the latest irony is his deputies likeASPOs & HSG.I Head Postmaster (IPO line) havebeen transferred somewhere else due to his vindictiveactivities fully endorsed by Circle Administration also.One cannot transfer causes of his inability to eachand everyone coming across him. The latest transferof even IPO line officials itself really shows that theSPOs is unfit to carry out any administration with thesupport of his immediate deputies. It is apt to mentionthat the postmaster has time and again becomplemented by the administration in improving thebusiness of IMT there.
The SPOs, Cuddalore used to pass derogatoryremarks against each and every reputed leaders inthe meetings in a jocularly manner. Even the Fatherof the Nation has not been spared. He commentedGandhiji as 'useless'. The Circle Administration alsousually without any remarks set aside the remarksdespite that there is a demand by the staff unions forenquiry of the episode and prosecute the guilty whichis hanging over one year.
In settlement of pensions & personal claims, heshows least interest as most of the recent pensionsettlements were noticed to be settled after a muchdelay of one or two years. Most of the personalclaims are not settled properly but protracted on onepretext or the other and the officials are to look forjustice for each and every occasion by sendingappeals to region / circle. The modifications orderedin the R.T. on every occasion shows his total apathyto the interest of the staff.
The agitation of all unions / federations at divisionaland circle level cannot be brushed aside as a farce.The recent shifting of not only the Divisional Secretaryof AIPEU Group 'C' from his APM Accounts positionbut also the administrative officers like ASPOs /Postmaster HsG.I (IPO line) also show his unbridledand vindictive activities spoiling the entire atmosphereof the division.
The Circle Administration without minding thegenuine grievances of the staff and the agitation of allthe circle unions, sticking to the false prestige isprotecting this sadist officer whose service was all longnotorious and anti-worker.
The Postal Joint Council of Action comprising ofall the unions had further decided to launch indefinitestrike demanding the shifting of this officer and also toarrest and halt the menance of closure of post offices,merger of divisions, abolition of posts, combination of
duties etc. in the last week of January 2006 whichshould be taken note of.
Further, I wish to state that the central union cannotremain as a silent spectator in case if there is noimprovement in the situation of Tamil Nadu Circle whichis existing since October 2006. The earlier indefinitestrike was postponed based on your assurance andalso as per the conciliation talks of the LabourCommissioner, Chennai. In nutshell, Tamil Nadu isburning and there is total unrest prevailing.
To restore harmonious atmosphere, allowing thestaff to work peacefully and efficiently, Shri K.Ramalingam, may be removed from Cuddalore divisionimmediately. Otherwise the situation will becomeworst from bad. Similarly all the measures of closureof the post offices, merger of divisions etc. may bedropped and the unions may be consulted to restorepeace and amity in the circle.
The copy of the joint memorandum submitted byall the circle unions to the Chief Postmaster General,Tamil Nadu Circle is enclosed for your effectiveintervention and set right matters immediately as iffire on house.
A line in reply about the action taken is highlysolicited.
DA: As aboven Letter No. P/4-3/Exam, Date: 18 December 2006addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Non conducting of Group B examination since2003 - reg.On the pretext of CAT case, no Group B
examination has been conducted since 2003, deprivingthe chances of many bright officials aspiring from GroupB promotion.
The department has neither gone for appeal norbrought out updated version of postal manualsprescribed for the examination. It is a gross neglectof the interest of the so many bright officials.
Under the present context of modernisation witha see change in the printing industry, the printing ofvolumes within a short span of three months does notpose any problem or otherwise as in the case ofVolume VII & V, we can authorise the publishers likeSwamys Publishers, Nabhi Publishers etc. toaccomplish this task.
A pertinent point to be noted in this regard is thatafter the 5th Pay Commission, the department,unmindful of the amendment of the recruitment rulesby due notification with the approval of nodal ministries,has plunged to controversial issue of orders permitting
20BHARTIYA POST JANUARY, 2007
only those officials who are holding standard LSG poston regular basis, blocking out all TBOP / BCR officials.As everybody knows, the bunch of Group B officerspassed Group B examination when they were holdingTBOP / BCR status and many of them retired. To denysuch benefits available to the TBOP / BCR officials, asudden switch over to standard LSG criteria has neitherbeen consulted with service union nor has amendedthe recruitment rules with the due approval of nodalministry.
Hence, this union urges to conduct the Group Bexam immediately permitting the officials right fromTBOP.
A line in reply about the action taken is highlysolicited.n Letter No. P/2-16/Bhubaneswar, Date: 18December 2006 addressed to Smt. Jyotsna Diesh,Secretary, Department of Posts.
Grant of assistance / leave - case of SriPranabananda, Postal Assistant,Bhubaneswar Division, Orissa Circle - reg.
Ref.: This union letter No. P/50-4/Welfare dated25-05-2006Apropos reference, it is constraint to note that the
official is still facing recovery of over payment of hispay & allowances.
The above said official while working as PostalAssistant, Suryanagar sustained serious injuries andlost his right hand palm completely due to the blastingof bomb in the postal parcel on 03-01-2002 in courseof his discharge of duties and had been under treatmentfrom 04-01-2002 to 26-05-2004.
Now the Circle Administration has not treated theperiod of treatment fully as special disability leave andtreated the first 4 months with full pay and further 20months with the HPL and thereafter leave admissibleto the official. Resultantly the recovery to the tune ofRs. 95000/- towards half pay leave is being faced bythe official.
Since the disabilities caused by bomb blastduring the course of discharge of duties, it amountsto disability caused by terrorist activities. Hence, allthe special concessions on monetary benefitsavailable for Government servants affected by terroristactivities may be extended to this official. Therecovery of overpayment of leave salary may beordered to be kept in abeyance and considering theplight of the victim of bomb blast, such recovery maybe waived and condoned.
If any immediate disposal in this case is notfeasible, the case may be considered for presidential
sanction in relaxation of norms showing a utmostcompassion to the victim. Besides he may be directedto appear before specialist for further recommendationsof treatment on the rest, the entire period of whichmay be condoned as a special dispensation.
A line in reply about the action taken is highlyappreciated.n Letter No. P/4-1/Hindi Typist, Date: 18 December2006 addressed to Smt. Jyotsna Diesh,Secretary, Department of Posts.
On the Job training for Hindi Typist indivisional offices on their absorption as Postal/ Sorting Assistants - reg.
Ref.: Directorate letter No. 7-3/2000-PG.II dated26-03-2003Per reference to Directorate letter cited merging
the post of Hindi Typist in the divisional office with PostalAssistants, my union wishes to point out that thecondition 'C' under para 2 of the order is deemed to beon the job training on the analogy of interchangeabletransfer of Postal Assistants and Sorting Assistants.For whom only, 15 days of the job training is prescribedinstead of full pledged institutional training.
But, the Chief Postmaster General, HimachalPradesh Circle, Shimla misconstruing the condition 2(c) has directed four of such Hindi Typists to undergofull induction training for Postal Assistant / SortingAssistant in his letter No. STA / 26-76/87 dated 17-10-06.
Hence, my union requests to issue a clarification topara 2 (c) of the Directorate order to all concerned andalso to order to keep the orders of the Chief PostmasterGeneral, Himachal Pradesh Circle in abeyance.n Letter No. P/4-5/SB Form, Date: 18 December2006 addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Uniform printing of SB-7 (a) form - reg.Recently, the department has prescribed a
separate form of SB 7 A for closure of accounts andthe SB 7 for normal withdrawal.
It is brought to our notice by our members thatdifferent PSDs are printing different forms with differentversions. In order to avoid any ambiguity and to haveuniformity, the Directorate itself may communicate thebilingual specimen forms for printing instead of inEnglish only.
While communicating the new bilingual form, aseparate column may be provided for date stampimpression.
A line in reply about the action taken is highlysolicited.
21BHARTIYA POST JANUARY, 2007
n Letter No. P/4-5/PLI, Date: 12 December 2006addressed to Smt. Jyotsna Diesh, Secretary,Department of Posts.
Utilisation of the services of PRI (P) & SPMsfor procurement of PLI business - reg.
Ref.: Your letter No. 28-5/2000-LI dated 13-09-2006While thanking the good gesture in accepting our
demand, and authorising the PRI (P) & selected PostalAssistants for procurement of PLI / RPLI businessvide the letter cited above in the reference, I wish tobring the following for remedial action:-(i) In stead of calling for willingness and subjected torecommendations of the divisional superintendents,let all the willing PAs, SPMs, PRI (P)s, M.Es beallowed to procure PLI business without anydifferentiation;(ii) In case of selection, it should mean by conductinga written examination and not by the personal
recommendations of the SP / SSPOs;(iii) If the number of officials are to be restricted, thenlet the tenure of all DO (PLI)s who are holding thetenure posts be strictly followed and no extension begranted so that it will pave way of fair chances to otherofficials as well.
It is an irony that the SPMs are being targeted toprocure RPLI business at an unimaginable levels,whereas in the case of PLI, the divisions are resortingto restrict officials for procuring PLI and that tooresorting to recommendations of officials to their choiceand pleasure.
It is, therefore, requested to consider and causerevised orders to permit all willing SPMs / PRI (P)s forprocuring PLI business by conducting a simple testabout 'know how' on the subject.
A line in reply about the action taken is highlyappreciated.
NATIONAL FEDERATION OF POSTAL EMPLOYEESIst Floor, North Avenue Post Office Building, New Delhi-110001
Letter No. PF/01(e)/2006, Dated: 29-11-2006addressed to Smt. Jyotsna Diesh, Secretary, DoP.
Setting up of Judicial Commission / Committee forGDS.Your kind attention is invited to our letter No. PF/
15/2006 dated 23rd October 2006 demanding settingup of Judicial Commission / Committee for G.D.S.on the basis of our agreement reached with the Dept.of Posts during indefinite strike of Postal Employeesfrom 7th December, to 10th December 1993.
It was revealed by you to day that a Committeeheaded by a Retired Officer of the Dept. of Posts hasbeen approved by the Hon'ble Minister (C).
It was an agreement during 1993 that an officerfrom the Department either retired or serving wouldnot be heading the E.D. Commission/Committee
Consequent on the agreement Justice Charanjit Talwarwas appointed as Chairman of the E.D. Committeeduring Vth CPC. Now the decision to appoint an officer(Retired) as Chairman of E.D. Commission/Committeeis in violations of the agreement.
It is therefore decided to incorporate the demand ofsetting up of Judicial Commission in the Charter ofdemand for one day nationwide general strike on 14thDecember, 2006 for which strike Notice has been servedto you today.
We would urge up on you to intervene in this matterurgently and ensure setting up of a JudicialCommission of G.D.S. and create a congenialatmosphere for averting for further trade union actionsettlement of this justified demand.
With regards.
Sd/-(C.C. Pillai)
Secretary General NFPE
Sd/- Sd/- Sd/- Sd/-(K.V. Sridharan) (Des Raj Sharma) (Giri Raj Singh) (P. Suresh)General Secretary General Secretary General Secretary General SecretaryAIPEU Gr. 'C' AIPEU Postman & Gr. 'D' AIRMS & MMS EU Gr. 'C' AIRMS & MMS EU
MG & Gr. 'D' Sd/- Sd/- Sd/-(S.P. Mukherjee) (P. Rajanyagam) (S.S. Mahadevaiah)General Secretary General Secretary General SecretaryAIPAOEU Group 'C' & 'D' AIPAEA AIPEDEU
22BHARTIYA POST JANUARY, 2007
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23BHARTIYA POST JANUARY, 2007
Sl.
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24BHARTIYA POST JANUARY, 2007
CAT CHENNAI OBSERVESAPM ACCOUNTS POST SHALL BE FILLED UP AS PER
1976 RECRUITMENT RULESCENTRAL ADMINISTRATIVE TRIBUNAL
MADRAS BENCHTuesday the Twenty First-Day of November
Two Thousand SixPRESENT
The Hon'ble Mr. Ashok S. Karamadi, Judicial MemberAND
The Hon'ble Mr. R. Ganesan, Administrative Member.Original Application No. 201/2006
P. Ramadoss ApplicantNo. 2, Elangovadigal StreetPatchiamman NagarZamin PallavaramChennai-600 043.
Vs.1. Union of India
The Principal Chief Postmaster GeneralTamil Nadu CircleAnna SalaiChennai - 600 002.
2. The Senior SuperintendentRailway Mail Services RespondentsChennai Sorting DivisionEgmoreChennai - 600 008.
3. Shri C. BaskaranNow LSG AccountantPreviously LSG SupervisorWorking in the O/o. Head Record Officer(Accounts) Chennai Sorting DivisionEgmore Chennai-600 008.
Counsel for the applicant Mr. K.M. RameshCounsel for the respondents Mr. R. Priyakumar
(Order pronounced by the Hon'ble Mr. R.Ganesan, Administrative Member)
The applicant working as Accountant in ChennaiSorting Division H.R.O. Branch Chennai (on deputationto AMPC Chennai) has sought the following reliefs :"i) to call for the records from the files of the secondrespondent relating to the order issued by him bearingMemo No. B-4/LSG Accountant dated at Chennai the1-3-2006 (Ann. A-8) and to quash the same as it isillegal, arbitrary, unconstitutional, unsustainable andii) to issue consequential direction to therespondents 1 and 2 herein to consider the case ofthe applicant for promotion as LSG Accountant inChennai Sorting Division, HRO Accounts.iii) to pass such other order or directions this Hon'bleTribunal may deem fit and proper in the circumstancesof the case and thus render justice."
2. The applicant joined the Department of Post, RMSDivision as Sorting Assistant on 14-9-1981 in ChennaiSorting Division, passed PO & RMS AccountantExamination in 1992 and opted for Accounts line andworking in that line since 1994. According to him, theLSG and HSG-II posts are filled up by promotion as perSelection Grade Recruitment Rules, 1976. The post ofLSG Accountant has to be filled up from among theofficials having PO&RMS Accountant qualification on thebasis of their date of qualifying the PO&RMS AccountantExamination in accordance with the Postal ManualVolume IV under Rule 276 and 277. The LSG Accountscadre remains as a separate entity as a circle cadreeven when general line posts became divisionalised.3. With the introduction of Fast Track Promotion fordated 26-2-2002, the LSG and HSG-II recruitment ruleswere amended by way of notification. However, Rule276 of Vol. IV and the LSG Recruitment Rules, 2002do not have any mention about the APM/AHROAccounts post and the method of filling up the post ofAPM/AHRO Accounts. While clarifying the issue, theDG's letter dated 28-1-2003 stated that "APMAccounts post are to be treated as norm based LSGPosts and are to be filled up strictly from among PASand SAS who have qualified in PO & RMS AccountsExamination. Also, item 16 of Rules for Recruitmentto Selection Grade Post dated 30-9-1976 provides.
"for promotion to LSG Accountant from amongClerks or Sorters in Railway Mail Service Offices with10 years regular service in the grade who have passedthe Post Offices and RMS service AccountantsExamination."
The said Rule 16 has not been amended varied ormodified in the 2002 LSG Recruitment Rules and the1976 Rules still holds good. In such circumstances,the clarification issued by the Directorate in Letter No.137-10/96-SPB-11 dated 28-1-2003 to the effect thatfor manning these posts, officials promoted to LSGhaving Accounts qualifications may be considered isclearly illegal and the said clarification is contrary tothe Recruitment Rules. The second respondent cannotact on the basis of the said clarification issued by theDirectorate which is not in consonance with theRecruitment Rules. It is by now well settled that anyclarificatory order to the original order cannot take awaythe rights given by the original order. In this connectionreliance is placed on the decision of the Hon'ble CATMumbai Bench in O.A. No. 592 of 2004 dated 19-8-2005."4. The applicant further added that as the provisions
25BHARTIYA POST JANUARY, 2007
contained in LSG Recruitment Rules, 1976 for LSGAccountants still hold good. The following will beapplied to them :-"1. LSG Accountant is a separate cadre and shall befilled up as per the Recruitment Rules and Rules inthe Volume IV based on the year of passing the Exam.2. The seniority of the APM/AHRO Accounts shallbe decided based on their assumption in the LSG postin the Accounts Cadre.3. Once the Accountant, opted out from the Accountsline on his promotion too TBOP and opt to work inGeneral line, he shall have no right to claim or post inthe APM Accountant Cadre at later stage as per theRecruitment Rules."5. The applicant submitted that officials qualified inthe Fast Track Promotion examination conducted asper revised Recruitment Rules 2002 have appearedfor the vacancies pertaining to General line and theyhave no right to claim in the supervisory postsbelonging to Accounts line. If there is mention thatthe Accountant can also write for the Fast TrackPromotion Examination, many would have applied. Thevacancies were notified for only general line. TheDepartment has not constituted DPC so far to fill upLSG Posts among PO & RMS Accountant officialsas per the rules. The applicant is senior enough to bepromoted for LSG had the DPC been held in time. Hewas ordered to work in a higher post as AHROAccountant. While so, the second respondent hadissued the order posting the third respondent as LSGAccountant in HRO Accounts, Chennai and theapplicant who has been ordered to work in the saidpost has been reverted as Accountant. The applicanthas passed the PO&RMS Accountant Examinationin the year 1992 itself with his position at No. 19 in thedivisional gradation list whereas the third respondentwho is far junior to him in position No. 26 having passedthe examination in 1995 has been posted as AHROAccounts by reverting him. Further the applicant hasbeen promoted to BCR whereas the third respondentis yet to get the same having not completed 26 yearsof service. The third respondent has been posted onthe only consideration that he has passed theexamination for Fast Track Promotion. The posting ofthird respondent not only denied the applicant and theother senior officials in promotion to the post of LSGAccountant but also took away their further promotionalchances and hence the O.A.6. The respondents in the reply denied the allegationsmade in the O.A. They submitted that the applicantwas ordered to work as LSG Accountant (AHROAccounts) on officiating basis vide order dated 15-7-2005 but he did not join the post on personal grounds.As the post cannot be kept vacant for long, the thirdrespondent who had submitted a request for being
posted as LSG Accountant and who has passed theFast Track Promotion was posted in accordance withthe clarification as Sl. No. 15 of DG's letter dated28-1-2003 vide order dated 1-3-06. Even though earliervacancies in LSG Accountants cadre were filled upby those who have passed PO & RMS Accountantexamination according to their year of passing, afterthe clarification No. 15 dated 28-1-2003, officials whohave passed LSG examination and posted to LSGhaving the accounts qualification can be considered.The posting of third respondent as LSG Accountant isnot a promotion and it is just a transfer from LSG normbased General line post to Accounts line post. As forthe contention of the applicant that there is noamendment to the erstwhile LSG Recruitment Rulesin the revised Recruitment Rules, 2002, they statedthat the Directorate, which is the highest authority ofthe Department of Post has issued the clarificatoryorder and hence it holds good. Therefore, therespondents pleaded for the dismissal of the O.A.7. The applicant has filed the rejoinder reiterating theaverments made earlier in the O.A. Further he addedthat the Fast Track examination was conducted onlyfor General Line vacancies which has beencategorically accepted by the second respondent inhis letter No. 13-4/LSG/ACCTS dated 12-10-2005addressed to the Principle Chief PMG, Chennai. 9more officials qualified in PO&RMS Accountantexamination are waiting to be posted as LSGAccountant between Sl. No. 17 and 25 who havepassed the examination between 1988 & 1994. Thesecond respondent has deviated from the existingpractice by posting Respt. No. 3 when admittedly heis working in General Line.8. The official respondents have filed additional replyconfirming their submissions in the earlier reply. Theystated that the Respondent 3 was posted based onthe clarificatory order issued by the Directorate. TheRecruitment Rules for LSG Posts is changed fromtime to time as on date the rules are that it is a circlecadre and to be filled up in seniority in clerical cadreand no weightage is there for PO&RMS Accountantqualified officials. A clarification has been sought fromthe Directorate for filling up of LSG Accountantvacancies. In the meantime, the posting of R-3 hasbeen made in LSG Accountant posts on transfer fromone LSG to another. This issue will be decided onpermanent basis on receipt of the clarification fromthe Directorate. The respondents also filed anadditional affidavit affirming their earlier stand.10. We have heard the learned counsel for theapplicants and the respondents and perused therelevant records carefully.11. The learned counsel for the applicant stressed onhis submission that the recruitment rules of 1976
26BHARTIYA POST JANUARY, 2007
remain unchanged and the law being a clarificatoryorder cannot supersede recruitment rules, theapplicant who is senior to the third respondent has tobe considered for the norm based LSG Accounts Linepost and the posting of R-3 instead, who was qualifiedin the Fast Track Promotion General Line examination,is irregular. The respondents relief on the clarificatoryorder from the Directorate dated 28-1-2003 whereinthe clarification given under item No. 10 by which "APMAccounts posts are to be treated as norm based LSGposts and are to be filled up strictly form among PAsand SAs who have qualified in PO&RMS Accountantexamination" has been annulled by the Directorateletter dated 24-2-2005 thus leaving the clarificationunder item No. 15 as final and which is as under :
Points raisedAt present PO&RMS Accountant in BCR/TBOP
are being posted as APM (accounts/AHRO (Accounts).Whether the same procedure is to be followed or anyofficial who has been promoted under Fast TrackScheme can be posted in this post irrespective ofwhether he is a qualified accountant or not. If onlyqualified Accountant are to be posted it may beintimated whether all such norm-based posts are tobe kept out of purview of Fast Track PromotionScheme.
ClarificationFor manning these posts officials promoted to LSG
having Accounts qualification may be considered.(emphasis added)
Thus, the respondent acted on this clarification.However the applicant relying on Hon'ble CAT MumbaiBench decision in O.A. No. 592/2004 dated 19-8-2005which stated that
"the contention of the learned counsel for theapplicant seems to be correct when he has statedthat any clarificatory order cannot takes away the rightgiven by the original order."12. This means, the respondents are to act as perthe 30-9-1976. The original recruitment rules for theLSG Accounts line post is as under :LSG Accountants Clerks or Sorters inin Railways Mail Railway Mail ServiceService Offices offices with 10 years
regular service in thegrade, who have passedthe Post Office andRailway Mail ServicesAccountant's Examination
(Emphasis added)The recruitment rules have not been amended and
hence their application has not been withdrawn.13. In O.A. No. 807/2005, this Bench while lookinginto the changes made in the recruitment rules by therespondents had occasion to observe that
"It is settled law that a statutory rule is not to beframed for the convenience of the single individual ormeet the situation or as an one time measure. Anysuch change in the recruitment rules, therefore, wouldbe nothing but an arbitrary exercise of power".(emphasis added)
The Hon'ble Supreme Court in Supreme CourtEmployees' Welfare Association VS. Union of Indiareported in 1989 (4) SCC 187 had held that
"The rules are liable to be declared invalid if theyare manifestly unjust or oppressive or outrageous ordirected an unauthorised end or violative of the generalprinciples of the law of the land or so vague that itcannot be predicated with certainty as to what isprohibited by them or so unreasonable that they cannotbe attributed to the power delegated or otherwisedisclose bad faith."
In P.U. Joshi and others Vs. Accountant General,Ahemadabad and others with Union of India and OthersVs. Basudeba Dora and others reported in 2003 (2)SCC 631. their Lordships held
"that promotion pertains to the field of policy andwithin the exclusive discretion and jurisdiction of theState, and the same shall be subject to restrictionsenvisaged in the Constitution of India. If the State'saction in framing rules is made in such a way as toviolate the rights guaranteed under Art. 14 and 16 ofthe Constitution, the Courts have jurisdiction to setthem aside as held in Supreme Court Employees'Welfare Association Vs. Union of India referred tosupra."14. The ratio of the orders cited supra are squarelyapplicable in the instant case where the respondentshave by a clarificatory order and without amending themain recruitment rules, have not only brought FastTrack qualified persons to be posted as LSGAccountants, and in the process have also left a biggap in the interpretation, much against the interestsof the applicants because of which the respondentshave not conducted any DPC from 2002 for theapplicants even though the clarification No. 15 dated28-1-2003 can be treated, at best, an enabling provisiononly which provides for posting Fast Track LSGpersons with Accounts qualification also in Accountsline post and that the said clarification did not in anyway prohibit that PO&RMS Accountants from beingposted in Accounts line LSG post, in spite of the facta leading question was proposed in the very clarificatoryproposition. In keeping with the Hon'ble SupremeCourt's decision in P.U. Joshi and Others Vs.Accountant General Ahmedabad cited supra, we areconstrained to note for our interference the respondentsinaction in not calling for the DPC of PO&RMSAccountants since 2002 simply on the plea of awaitingclarification while the Directorate order dated 28-1-2003,
27BHARTIYA POST JANUARY, 2007
does not warrant any clarification what so ever.15. At the risk of repetition, it is emphasised that theclarifications given under item 15 of the circular dated28-1-2003 is an enabling provision to post thosecoming from Fast Track source also as LSGAccountants posts in addition to their normal channelof filling up the LSG Accountants posts through PO &RMS Accounts line. This is confirmed even by therespondents in his reply in para 12 (ii) of their replywhich is as under:
"It is to be mentioned that the officials who havepassed both the Fast Track and PO & RMSAccountant Examinations are having every right in thelight of the clarificatory orders issued by the DirectorGeneral, Department of Post to ask for transfer toLower Selection Grade Accountant post as they arequalified in PO & RMS Accountant Examination also"
(emphasis added)16. Though the respondents had made the abovesubmission to justify posting of Fast Track LSG inAccounts Line posts, they have also in the processacknowledged that clarificatory order has not come inthe way of posting PO&RMS Accountants also in LSGAccountants posts. Having made the submissions asabove, it is surprising the respondents have also chosento state the following in their additional affidavit as under:
"3. In furtherance of above, I am to state Timescale postal assistants with PO & RMS qualificationwith ten years service were being considered for thepost of LSG Accountants as per recruitment Rules onthe basis of the Circle seniority. This procedure wasadopted upto 6-2-2002. Consequent on issue of revisedLSG recruitment rules 2002 and again revision of LSGRecruitment Rules 2006 which did not spell out onthe LSG accounts line, the matter was taken up withPostal Directorate for clarification. No specific replywas received from the Postal Directorate so far.However, in view of clarification dated 7-10-2004 andalso 24-2-2005 received from the Directorate thatofficials who are in LSG cadre having PO&RMSAccountant examination can be posted as APM(Accounts) and cancelling the orders treating APM(Accounts) post as norm based LSG Post and fillingup through PAs/SAs who have qualified in PO&RMSAccountant Examination only. In view of thisclarification under point 15, posting of LSG officialswith PO&RMS Accountant qualification is only strictlyfollowed at present." (emphasis added)17. Thus the above submissions of the respondentsare contradictory to what they had stated in Para 12(ii) of the reply.
As stated earlier, clarification No. 15 dated 28-1-2003 is only an enabling provision for posting FastTrack LSG officials qualified in Accounts also in LSGAccountants post and that provision has not prohibited
PO&RMS Accountants being considered for the postLSG Accountants posts. In fact, the wording in theclarification is only "to consider" official promoted toLSG having Accounts qualification and nowhere theyhave stated that normal channel of promotion forPO&RMS Accounts is withdrawn. With the law wellsettled that clarificatory order cannot supersedethe recru i tment ru les, i t is amazing therespondents have chosen to completely ignore therecruitment rules and acted only on clarificatoryorder which is perse illegal and their action cannotbe supported in any way. If Fast Track qualifiedLSG with Accounts qualification is the only sourcefor f i l l ing up the LSG Accountant posts aspracticed by the respondents since 2002, thenthese Accounts line vacancies also should havebeen reckoned in announcing the Fast TrackExamination. According to the notification dated25-6-2004 it has been submitted that only GeneralLine vacancies were announced by RMS divisionand not Accounts l ine vacancies. Withoutannouncing the Accounts Line posts for the FastTrack Examination and filling up these post onlyfrom Fast Track qualified persons, and seekingclarification from the Directorate, which is stillawaited and not holding any DPC since 2002 ofthe PO&RMS Accounts line officials for filling upthe norm based Accounts Line post on some pleaor other, cannot at all be apprecaited as beingfair to all those who have passed the PO&RMSExamination and whose interest also needs tobe protected by the respondent. Further it hasbeen submitted by the respondents that theDirectorate order dated 30-5-2006 has completelywithdrawn the Fast Track Promotion scheme,which tantamounts to promotion from the feedergrade only and not through this Fast Trackexamination, thus strengthening the need forconducting the DPC for PO & RMS Accountants,without any further procrastination on the part ofthe respondent.18. Under the circumstances we consider it just andproper to direct the first respondent to immediatelyconvene the DPC for promotion of PO&RMS Accountsline persons to norm based LSG Accounts vacanciesbased on the recruitment rules dated 13-9-1976 andissue necessary promotion order in accordance withrules for the eligible PO&RMS Accounts line officials,within a period of four weeks from the date of receiptof a copy of this order.19. The O.A. is allowed as above. No costs.
Note : Com. K.M. Ramesh has earlier apperedfor the circle union, Tamil Nadu in the ChennaiCAT, High Court and now at Supreme Court in thecase of 'TBOP & BCR are equal to LSG HSG-II'.
28BHARTIYA POST JANUARY, 2007
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Memorandum submitted to the Hon'ble Chairman of 6thCentral Pay Commission by the JCM (National Council)Staff Side on the issue of Interim Relief on 09-11-2006
On behalf of the Staff Side, JCM, we extend ourwarmest greetings and heartily welcome to you andthe other members of the 6th Central Pay Commission.We hope to have frequent interactions during thecourse of the Commission's inquiry and deliberations,to present and discuss our views and suggestion onthe vital issues concerning workers, we represent.
Joint Consultative Machinery was conceived as anegotiating forum for Central Government employeesto usher in an era of a conflict - free industrial climate,especially after the tumultuous experience of indefinitestrike action of the Central Government employees in1960. The negotiating machinery was set up afterintense discussions with the Unions/Federations in allMinistries/Departments of the Government. The signingof the Joint intent/agreement on conclusion of thedeliberations paved the way for the formal functioningof the Council at all levels. The National Council is theapex forum under the three tier system of JCM, whichis headed by the Cabinet Secretary. The official sidecomprises of the Secretaries/Heads of Departments ofall employing Ministries and the Staff Side by thenominated representatives of all recognized Federations/Unions. Even since its formation, the staff side of theNational Council, JCM has been the united voice of theCentral Government employees on all common andbasic issues, like Minimum wage, pay scales, rate ofincrement, dearness compensation, othercompensatory allowance etc.
We reproduce below para 171.12 (page 2051-52,vol. III-part IX) of the report of 5th central paycommission on the issue of entitlement of Govt.employees for revised wages from 1-1-2006.
"In case for any reason Government finds itselfunable to set up a permanent pay body, it shouldat least concede the right of Central Governmentemployees to have a complete pay revision oncein 10 years. This would mean that if the date ofimplementation of the Fifth Pay Commission is1-1-96, the date of implementation of the SixthPay Commission should be pre-determined as 1-1-2006 irrespective of when the next PayCommission is actually appointed. However, theGovernment should also take note of the fact thatit generally takes a Pay Commission a period ofabout three years to complete its deliberationsand therefore, the next Pay Commission shouldbe appointed latest by 1-1-2003, so that its report
becomes available by 1-1-2006."The continued nugatory attitude of the Government
on this issue, compelled the organizations to ventilatethis just and reasonable demand through organizingvarious trade union actions which were to culminate inan indefinite strike, on 1st March, 2006. For this, duestrike notices were served by the respective organizations.
However, with the personal intervention of the PrimeMinister and announcement of the appointment of PayCommission, the strike action was averted.
Both at the time of setting up the 4th and the 5thCentral Pay Commissions, the Government onnegotiation with the Staff Side of National Council ofJCM had granted interim relief. However, instead ofresorting to a bilateral settlement, the question of"desirability and need" for an interim relief has beenreferred to this Commission for its consideration anddecision. The relevant portion of the terms of referenceis extracted hereunder :-
"To examine desirability and the need tosanction any interim relief till the time therecommendation of the Commission are madeand accepted by the Government."
It is, therefore, the unanimous and considered viewof all organizations participating in the JCM that weshould first submit a memorandum to the Commissionon the question of interim relief, setting out the need,desirability and quantum thereof.
Considering the issue of the methodology andmechanism of periodical wage revision of Civil servants,both the 4th and 5th CPC had suggested setting up ofa Permanent Wage Review Body. The said body wasto collect, update and maintain the basic data on Payscales and allowances and review the same on acontinuous basis.
The 5th CPC, perhaps realizing the reluctance onthe part of the Government, to consider the abovesuggestion, as was evident from the fate of a similarrecommendation of the 4th CPC, alternatively butforcefully advocated for a time bound decennial wagerevision (vide Para 171.12 of their report cited above)through the setting up of a Pay Commission. The veryfact that Government did not set up the Commissionin 2003 as a result of which the wages of CentralGovernment employees could not be revised,necessitates the grant of interim relief.
It would be relevant to mention here that in theintervening period between 1-1-2006 and the actual
30BHARTIYA POST JANUARY, 2007
implementation of the 6th CPC report, quite a numberof Central Govt. employees are likely to retire fromservice on superannuation. The grant of Interim relief (ifnot to the fullest extent) will provide them at least withpartial benefit in the form of higher salary and pensionentitlements.
Incidentally it may be pointed out that the grant ofInterim Relief with effect from 1-1-2006 would eventuallyreduce the financial burden for the Government at the timeof implementation of the final report of the Commission.
Comparison with outside wages has, played apredominant role in the determination of the minimumwage. The concept of comparison with outsideemployment is, we would like to reiterate, aninternationaly recognized principle of wagedetermination in civil services. The MagawCommission of United Kingdom, on which reliance wasplaced by the 4th Central Pay Commission, hadunambiguously recognized the need for a faircomparison with outside wages as the most reliableindicator in determining the public service wages.
In order not to widen the areas of comparison,we shall however confine ourselves to the minimumwages obtaining in some of the Public Sectorundertakings (figures which of are readily availablewith us) whose wage system is evolved through theprocess of collective bargaining within the overallframework of the guidelines issued by theGovernment form time to time. It should be mentionedwith emphasize that the Govt. of India is a direct partyin all the bilateral wage negotiations in the PublicSector Undertakings, for they are fully ownedGovernment companies.Composition of Central Govt. Employees :
It may also be mentioned here that the CentralGovt. Employees consist of :1. Railwaymen - 14 lacs2. Defence- Industrial worker - 5 lacs3. Postal Worker - 5.5 lacs4. Police & Para Military Staff - 3 lacs5. Other Civilians including
Administrative and Scientific staff 3.5 lacs. Thusit would be seen that about 80% are industrial workersin the central services.
Therefore, for the purpose of determination ofInterim Relief, comparison at the lowest unskilledlevel is most appropriate. We have given below astatement showing the minimum wage (Pay+DA)obtaining in certain Public Sector Undertakings,which presently ranges from Rs. 6640/- to Rs. 7291/-. At the time of oral submission, we may submit alist of more Public Sector Undertakings and theminimum wage obtaining therein.Table showing the wage gap.
Name Minimum Minimum Differencewage as on wage Central1-1-2006 Govt.Pay+DA employees
on 1-1-2006 Indian Oil 7291 4743 2548 Corpn NTPC 6974 4743 2231 Coal India 6904 4743 2161 Limited BHEL 6040 4743 1897
We may also mention that the Public SectorWorkers are sanctioned an ex-grant payment in lieuof Bonus ranging from Rs. 15,000 to 20,000 p.a. Thusthe actual wage gap is considerable higher than whatis depicted in the above table.
Finally we may also state that in most of the PublicSector Undertaking, fresh wage agreements are duewith effect from 1-1-2007. Therefore, by the time the6th Central Pay Commission finalises its report andthe Govt. takes action thereon, another wagesettlement would have come about in almost all of thePSUs, further widening the gap in the minimum wage.
To apply the percentage increase in the per capitanet national product registered during the precedingperiod of 10 years as a compensation factor to theexisting minimum Pay plus DA was the criterionadopted by the 5th CPC to determine the minimumwage. Though we did not and also do not accept thesaid criterion for the elaborate reasons we mayadduce at the time of submission of our detailedmemorandum on issues connected with the wagerevision, it could be seen from the accompanying tablethat the percentage increase in per capita net nationalproduct for the years 1993-94 to 2003-04 (for whichauthentic figures are available) was at 56.20 at factorcost. (Table given below) By applying the very samecompensation factor to the existing emoluments of4743/- it could be seen that an increase in theminimum wage is warranted by an amount of Rs.2666/-.Table showing Par Capita Net National Product :
Year At Factor cost1993-1994 7552.561994-1995 8069.901995-1996 8430.031996-1997 9007.201997-1998 9243.601998-1999 9649.801999-2000 10071.102000-2001 10307.502001-2002 10753.802002-2003 11013.302003-2004 11796.70
31BHARTIYA POST JANUARY, 2007
Percentage increase in 2003-04 over 1993-94-56.20
[Source :Economic Survey 2004-05-AppendixTable No. 1.1.S/3]
Permit us to cite an observation made by the 5thCPC in their report on Interim Relief (vide para 25)submitted on 2-5-1995 in this regard. They have statedand we approvingly quote :
"In the light of the Directive principle of equal payfor equal work and various judicial pronouncements onthe subject as well as on administrative consideration,it may also be desirable to ensure that disparities inthe compensation packages provided for the employeesin different sectors performing similar functions areminimized. Too large disparity between the emolumentsin the two sectors would have an undesirable adverseimpact on morale and efficiency".
While finally recommending the grant of 10% ofpay as Interim relief, subject to a minimum of Rs. 100/across the board, the 5th CPC has also made thefollowing observation, (vide para 34) which we considergermane to the issue under consideration.
"After taking into account the relief of Rs. 100.-p.m. already sanctioned by Government inSeptember, 1993, the payment of further relief asnow recommended would result in aggregatebenefit of 26.66% and 24.24% respectively to thoseGroup D and Group C employees drawing pay atthe minimum of their lowest pay scales as against13.33% and 12.12% currently admissible."
Taking into account the yawning and the steadilywidening gap between the minimum wage of theCentral Govt. employees and the employees of thePublic Sector Undertakings as depicted in the tablebelow, which presently ranges from Rs. 2161/- p.m.to 2548/- p.m. and more prominently due to the factthat the Central Government Employees are todaylagging behind by a whopping amount of Rs. 2666/- evenon the basis of the percentage increase of per capita netnational product, a criteria adopted by the 5th CPC indetermination of minimum wage, we deemed that theCommission recommend an interim relief of 15% of Pay+DP, subject to a minimum of Rs. 1000 p.m. with effectfrom 1-1-2006. The fact that the employees of variousGovernment organizations on their conversion ascorporate entities like the Department of Telecom weregiven an adhoc increase of Rs. 1000/p.m. on theirabsorption, lends credence to the legitimacy of thequantum of Interim Relief, we have computed andsuggested. In order to extend the benefit of Pay revisionto the employees, who might retire from service duringthe period between 1-1-2006 and the date ofimplementation of the recommendation of the 6th CentralPay Commission, the interim relief may be treated as
Pay for the purpose of Pension and other retirementbenefits as was done by the 5th Central Pay Commission.Interim Relief to Pensioners :
We may also refer to Para 127.8 of the report of the5th CPC wherein they have made the following observationon the grant of interim relief to the existing pensioners:
"We hope and trust that this nexus betweenthe serving employees and pensioners withregard to grant of interim relief is now firmlyestablished and will subsist."
We, therefore, urge upon the Commission tosimultaneously recommend grant of interim relief tothe existing pensioners at the same rate applicable tothe serving employees viz. 15% of the Basic Pensionincluding the dearness relief to the extent of 50%subject to a minimum of Rs. 500.
We humbly submit that the purpose of thismemorandum is to seek a minimum of interimrelief as requested above.
Sd/-(UMRAOMAL PUROHIT)
SECRETARYNATIONALS COUNCIL (STAFF SIDE) JCM
No Mom is satisfied selling her son,
Dad is not happy with costlier education,
And increased maltreatment to woman,
They campaigned to Feel Good !
National Song debated, Tri-Colour misused,
Disinvestment increased, Children abused.
Adopting Liberalization, Privatization, Globalization,
India is shining in their mood!
Unemployed youths harassed, teachers for salary,
Public Distribution collapsed for corruption and burglary,
And farmers committed suicide out of starvation,
Inflation on, subsidies gone.
Unjust and unruly for India's forests, land and water,
Programmes in common became a blunder.
Anti-welfare policies with a deaf year to worker's agitaiton,
A booming economy with Special Economic Zone!
New Years to come may be greeted with ease,
Favourably, if involved in union activities.
Propagate and motivate in a wide manner,
Employed or not, does not matter.
- B. Samal -(Divisional Secretary, Bhubaneswar)
READERS FORUM
A MESSAGE
32BHARTIYA POST JANUARY, 2007
POSTAL MANUALS (PHOTOSTAT COPIES) ORIGINAL VOLUMES
- ENGLISH VERSION
(Hindi version are also available)
1. Postal Manual Vol. III 86ed 225/-
2. Postal Manual Vol. VIPart-I 85ed 300/-
Part-II 86ed 250/-Part-III 85ed 250/-
3. Post Office Guide Part.I 85ed 300/-4. Postal Manual Vol. V 2002 250/-
5. Postal Manual Vol. VII (RMS) 2001ed 125/-6. Postal Manual Vol. VIII 300/-
7. Post Office Act 2006 30/-8. P&T HB Vol. II 85ed 125/-
9. Post Office Guide Part IV. 125/-10. P&T Financial Hand Book Hindi 2006 200/-
HAND BOOKS 2007
1. Bahri Hand Book 2007 with diary 160/-
2. Bahri dsUnzh; deZpkjh gUV cqd&2007 170/-3. Nabhi Refened for CG Employees-2007 160/-
4. Nabhi dsUnzh; deZpkjh b;j cqd&2007 170/-5. Swamy Hand for C.G. Employees-2007 160/-
AN DURAJA'S PUBLICATIONS (POSSS)
1. POSSS Part-I 06-07 150/-
2. POSSS Part.I A 2006-07 50/-
3. POSSS Part-II 2006-07 August ed. 150/-
4. POSSS Part-III 2006-07 August ed. 100/-
5. POSSS Part-IV 2006-07 100/-
6. POSSS Part-V 2006-07 August ed. 60/-
7. HB for Post Office SSA/MPKBY Agents
(POSSS Part-VI) 2006-07 August ed. 120/-
V.K. BALAN PUBLICATIONS : BETTER YOU KNOW SERIES:
1. Guide to PS Group 'B' Exam. Paper-IV
(for IPOs/General Line Employees) 2004 275/-
2. Guide to PS Group 'B' Exam. Paper-I&II
(without Aid of Books) for IPOs/General
Line Employees) 2004 275/-
3. Guide to Inspector of Post Offices Exam.
(Paper I&II) without aid of books) for Postal/
RMS Employees 2004-05 275/-
4. A hand Book of references for Inspectorial
Staff (Postal & RMS) 2004 350/-
5. Guide to Exam for LGO/Sorting Asst. 2006 250/-
(Prices including Handling Charges)
BOOKS FOR IPO/PO & RMS Acctt. EXAM.
1. Kairali Master Guide to IPO Paper V 2007ed 200/-
2. Kairali Master Guide to IPO Paper IV 2007ed u/p
3. Govt. Pub. IPC, CRPC & Envidence Act 160/-
(Set of 3 Books)
4. Swamy FR SR Part.I (Ref. Book) 06 300/-
5. Swamy FR SR Part.II (Ref. Book) 06 145/-
6. Swamy FR SR Part.III (Ref. Book) 06 95/-
7. Swamy CCS Pension Compilation 05 225/-
8. Swamy FHB Vol. I 2006 275/-
KAIRALI BOOKS SYNDICATE251/A, Baba Faridpuri, Nr. Gopal Dairy, West Patel Nagar, P.Box No. 6059, New Delhi-110008Phones : 011-25880816, 25882753, Mobile : 9810353797, E-mail : [email protected]
PLACE YOUR ORDER WITH ADVANCE OF RS. 50/- OR TELEPHONE
9. Swamy's CCS (CCA) Rules-07 200/-
10. Swamy's CCS (Conduct) Rule-07 125/-
11. Swamy TA Made Easy 2004 90/-
12. Swamy Pension made easy 05 135/-
13. Swamy Pay Rule made easy 06 145/-
14. Swamy Leave rule made easy 04 70/-
15. Swamy Master guide to FR SR Service Rules 2006 195/-
16. R.P. Datason : General Knowlege guide 2007 80/-
17. House Bldg. Advance Rule 05 140/-
18. Swamy CTR Vol. I 2006 200/-
19. Swamy's GPF Rules 2006 95/-
20. Kairalis Syllabus & Unsolved Paper of IPO from 1989-2006. 90/-
21. Swamy's OTA Rules 2007 50/-
22. Swamy's Group Insurance 2007 85/-
23. Swamy's Medical Att. Rules 06 with suppl. 200/-
24. Swamy's LTC Rules 2006 75/-
25. Swamy's Children Educational Ass. 2006 50/-
GENERAL BOOKS FOR OFFICE REFERENCE:
1. Swamy's Brochure on Reservation of SC/ST& OBC in Service 2005 with supp. 435/-
2. Bhatia CGHS Compilation 2007 275/-3. Swamy Manual on Disciplinary Proceeding 2006 530/-4. Swamy Establishment & Administration 2006 625/-5. Right to Information Act (one should know) 2006 100/-
6. lwpuk dk vf/kdkj vf/kfu;e 2005 (Digital Ed.)
2006 125/-
GB SINGH PUBLICATIONS :1. Law of Suspention, Penalities & Departmental
Enquires 2005 August 350/-2. Hand Book for Inquiry Officers, Presenting
Officer & Defence Asstt. 06 320/-
3. Hand Book for Disciplinary Authorities 2005 350/-
4. Commentary on CCS CCA Rules 2006 240/-
5. Commentary on CCS Conduct Rules 2006 240/-6. Law of Seniority, Promotion & Adhoc Service 04 320/-
7. Digest of Import Case Laws on service matters in3 Volumes 2003 1380/-
8. cgjh dsUnzh; flfoy lsok vuq'kklu] vkpj.k ,oa lrZdrk eSuqvy 2007 lh-ds- ik.Ms; 330/-
K.B.S. PUBLICATIONS
1.
2. Kairali Master Guide to IPO Paper V(as per new Syllabus) 2007ed 200/-
3. Kairali Master Guide to IPO Paper IV (IPC,CRPC,Evidence Act, CAT & Consumer Prot Act. 2007 U/P4. Kairali Syllabus & Unsolved Paper of IPO
Exam 89 to 2006 90/-5. Kairali Master Guide to LGO/SA Hindi 2007 U/P
ch-Mh- ,y- JhokLroNEW GFR'S 20051. Bahri's Complitation of G.F.R with compendium
of Rules on Advances to G. Servant 2006 200/-2. Swamy Complitation on G.F.R. with Advances
for C.G. Servants 2007 200/-3. Nabhi GFR with advances for CG Employees 06 230/-
dSjkyh ekLVj xkbM iksLVeSu ,oa esyxkMZ ijh{kk2006ed by ch-Mh- ,y- JhokLro (Retd. SSPO) 110/-
BOOK FOR POSTAL DEPARTMENT