bhartiya post feb 2008

28
1 BHARTIYA POST FEBRUARY, 2008 ALL INDIA POSTAL EMPLOYEES UNION - GROUP 'C' NATIONAL UNION OF POSTAL EMPLOYEES - GROUP 'C' CENTRAL HEAD QUARTERS, NEW DELHI Ref. No.:P3/JCA/01/2008 Dated : 09-01-2008 PROGRAMME OF ACTION 18.01.08 - Demonstration 04.02.08 - Dharna Dear Comrades/Colleagues The postal Group C employees are mounted under severe attacks one after another ignoring the sufferings we are having in Post Offices due to under staffing over six years. Adding salt to injury various new business activities without any norms, ethics or incentives are being launched. Our genuine demands are not properly taken care of. The problems confronting us are multifying. On such vital issues like LSG, HSG II, HSG I promotions, the Circle Heads are lethargic and the department is unable to pull them to implement its own orders. There are more than ten thousand PA posts remains unfilled in many circles even after issue of orders simply by raising unwarranted clarifications. Even they are not attended by the Department and persuing them in a casual manner. The Department on its own and without any talks or discussions is issuing various retrograde orders in the past like Declining LSG Promotion causes postponement of BCR, preventing second posting in same single handed Post offices, discrimination between regular and FTP LSG, sarcastic orders on the System Administrators etc. Our sincere, persistent endeavours to settle the issue have proved to be in fructuous. We have been pushed to the wall to resist such onslaughts purported against the Group C employees. We have no other alternate except to launch series of agitational programmes against the wrong decisions, orders and lethargy in mitigating the agreed demands. Therefore, we have decided to launch immediate following programmes with full determination for the Group C comrades who have been continuously exploited since 1999. 18.01.08 - Demonstration in front of all HOS/ Divl offices/R.O/ Circle offices & sending Savigrams/ Fax/ Postcard compaign. 05.02.08 - Dharna in front of D.O/R.O/C.O (Further Programme will be decided later) T ext Of The Savingram/ Fax/ Postcard Comp aign "Withdraw all unilateral and arbitary orders mentioned in the 20 point charter of demands immediately AAA. Settle all agreed demands placed in April 2007 strike AAA Ensure peace and amity and avoid further confrontation AAA." Addressed to:- 1. Thiru A. Raja, Hon'ble Minister of communications & I.T. New Delhi - 110003. 2. Sri I,.M.G. Khan, Secretary, Department of Posts, New Delhi - 110001 3. Respective CHQ & Circle Unions. The programme of action has been drawn based on the consultation of Federations which will endorse our call and further course of programme beginning with 'Non cooperation & Work to rule to indefinite strike will be decided with the consultations of Federations and other Unions. It is therefore requested to that an impressive and effective Demonstration/ Dharna must be staged in front of the HO/D.O/R.O/C.O on 18.01.08 & 05.02.08 respectively and ensure maximum mobilisation. The task of campaigning, conducting the programme effectively and making it a success is the responsibility of the Circle/Divisional/Branch Secretaries and activists at the grass root level. Let us prepare for the programme with seriousness and sincerity and stead fast efforts to ensure the programme a grand success to wrest the demands. With struggle greetings, (D. Kishan Rao) (K V Sridharan) General Secretary General Secretary NUPE GROUP 'C' AIPEU Group 'C'

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Page 1: bhartiya post feb 2008

1BHARTIYA POST FEBRUARY, 2008

ALL INDIA POSTAL EMPLOYEES UNION - GROUP 'C'

NATIONAL UNION OF POSTAL EMPLOYEES - GROUP 'C'CENTRAL HEAD QUARTERS, NEW DELHI

Ref. No.:P3/JCA/01/2008 Dated : 09-01-2008

PROGRAMME OF ACTION18.01.08 - Demonstration

04.02.08 - DharnaDear Comrades/Colleagues

The postal Group C employees are mounted

under severe attacks one after another ignoring the

sufferings we are having in Post Offices due to under

staffing over six years. Adding salt to injury various

new business activities without any norms, ethics or

incentives are being launched. Our genuine demands

are not properly taken care of.

The problems confronting us are multifying. On

such vital issues like LSG, HSG II, HSG I promotions,

the Circle Heads are lethargic and the department is

unable to pull them to implement its own orders. There

are more than ten thousand PA posts remains unfilled

in many circles even after issue of orders simply by

raising unwarranted clarifications. Even they are not

attended by the Department and persuing them in a

casual manner.

The Department on its own and without any

talks or discussions is issuing various retrograde orders

in the past like Declining LSG Promotion causes

postponement of BCR, preventing second posting in

same single handed Post offices, discrimination

between regular and FTP LSG, sarcastic orders on

the System Administrators etc. Our sincere, persistent

endeavours to settle the issue have proved to be in

fructuous.

We have been pushed to the wall to resist such

onslaughts purported against the Group C employees.

We have no other alternate except to launch series of

agitational programmes against the wrong decisions,

orders and lethargy in mitigating the agreed demands.

Therefore, we have decided to launch immediate

following programmes with full determination for the

Group C comrades who have been continuously

exploited since 1999.

18.01.08 - Demonstration in front of all HOS/

Divl offices/R.O/ Circle offices & sending Savigrams/

Fax/ Postcard compaign.

05.02.08 - Dharna in front of D.O/R.O/C.O

(Further Programme will be decided later)

Text Of The Savingram/ Fax/ Postcard Compaign

"Withdraw all unilateral and arbitary orders mentioned

in the 20 point charter of demands immediately AAA.

Settle all agreed demands placed in April 2007 strike

AAA Ensure peace and amity and avoid further

confrontation AAA."

Addressed to:-

1. Thiru A. Raja, Hon'ble Minister of

communications & I.T. New Delhi - 110003.

2. Sri I,.M.G. Khan, Secretary, Department of

Posts, New Delhi - 110001

3. Respective CHQ & Circle Unions.

The programme of action has been drawn based

on the consultation of Federations which will endorse

our call and further course of programme beginning

with 'Non cooperation & Work to rule to indefinite strike

will be decided with the consultations of Federations

and other Unions.

It is therefore requested to that an impressive

and effective Demonstration/ Dharna must be staged

in front of the HO/D.O/R.O/C.O on 18.01.08 & 05.02.08

respectively and ensure maximum mobilisation. The

task of campaigning, conducting the programme

effectively and making it a success is the responsibility

of the Circle/Divisional/Branch Secretaries and

activists at the grass root level.

Let us prepare for the programme with

seriousness and sincerity and stead fast efforts to

ensure the programme a grand success to wrest the

demands.

With struggle greetings,

(D. Kishan Rao) (K V Sridharan)

General Secretary General Secretary

NUPE GROUP 'C' AIPEU Group 'C'

Page 2: bhartiya post feb 2008

2BHARTIYA POST FEBRUARY, 2008

CHARTER OF DEMANDS1. Filling up of LSG, HSG II & HSG I Posts

(i) Recast the notional promotions since 1982/1983

onwards and fill up all vacant posts of LSG\, HSG

II & HSG I.

(ii) Fill up 2/3rd unfilled LSG vacancies notionally

from 7.2.02 to 18.5.06.

(iii) Relax minimum qualifying service for HSG II

promotion.

(iv) Irregular application of bench mark of current

period for notional promotions.

(v) Date of LSG Promotion be calculated from the

date of issue of orders and not form the date of

joining.

(vi) Grant of Modification of LSG as one time measure

for those aggrieved due to dearth of LSG

vacancies/ Rule 38 transfers.

(vii) Drawal of pay to senior BCR officials in HSG I

posts as the pay scales of HSG II & BCR is one

and the same & settlement of earlier officiating

cases of Tamilnadu, West Bengal & other Circles

as one time measure.

(viii) Anomaly in the preparation of PA Gradation list.

Date of confirmation should not be taken now

and Date of appointment be taken for construing

seniority. Fixing seniority based on the date of

confirmation is unconstitutional and

discriminatory.

2 Withdraw the draconian orders contained in

Directorate letter No. 22-5/95-PE I dt 21.5.07 denying

BCR benefits to those declining LSG Promotion.

Several officials were arbitrarily, unjustified denied the

due BCR promotion.

3 Filling up the APM Accounts LSG, HSG II

posts as per 1976 LSG Accountant recruitment

Rules.

4 Filling up Residual vacancies since 1999-2000

onwards without any further delay.

5 Immediate withdrawal of orders discriminating

regular and FTP LSG and posting them in Delivery

offices in the middle of the tenure.

6 Withdraw the Directorate letter dt. 22.10.07 on

Systems Administrators and form uniform & correct

norms & guidelines first before passing sarcastic

comments.

7 Withdraw the orders fixing responsibility on

D.D.Os/APM Accounts for the over payment of Pay

& Allowances to Postman on account of Fixation

under R.P. Rules.

8 Counting of special Allowance for pay fixation

case of PO & RMS

Accountants.

9 Counting of Past services of erstwhile R.T.P

for promotion & pension as per the Supreme Court

direction.

10 Withdraw the condition in tenure posting of

Single & Double handed offices & restriction in

posting of SPM due to minor penalties/ CR entries

which are in violation of provisions of statutory rules

of volume IV.

11 Allowing all TBOP officials to appear for Group

B exam to be held in Feb'08. as per original orders &

various judicial pronouncements. The cut off date

should be extended for the current exam as

01.01.2008. The exam should be conducted after

completing the process of notional promotions to LSG

in all circles.

12 Counting of Training period for increment and

promotion to the departmental candidates also.

13 Revision of FSC to Post offices & Enhancement

of honorarium for RD PMC work in Sub Offices,

Department Exam invigilation work etc.

14 Implement the assurance made on 19.4.07 in

fixing incentive to RPLI, IMT Pass port applications,

NRGEIS, other business activities etc., Grant of OTA

to operative staff to manage the shortage,

Engagement of SDPA to manage the Shortage,

Dispensation of Confirmation Exam etc.

15 Creation of Systems Manager/Administrators

Posts & Marketing Executives. Grant of SPL pay

and grant of Road mileage Allowance without

restrictions. Trainers Allowance for imparting training

Norms be fixed for Systems Administrators uniformly

to all Circles; providing mobile phones, Fixing duties

& responsibilities.

16 Allotment of adequate funds to clear all

pending personal claims like OTA, TA medical etc.

pending since 2002-03.

17 Spot payment of incentive to SPM/BPM for

procuring RPLI business. Grant of incentive for

schedule work in accounts branch.

18 Drawal of SB Allowances to all working in SB

branches on computers.

19 Refund of Fee for appearing AMFI (Association

of Mutual Fund industry) Exam to all candidates.

20 Revision of Bonus Formula & removal of 60

days cap.

(D. Kishan Rao) (K V Sridharan)

General Secretary General Secretary

NUPE Group 'C' AIPEU Group 'C'

Page 3: bhartiya post feb 2008

3BHARTIYA POST FEBRUARY, 2008

ALL INDIA POSTAL EMPLOYEES UNION - GROUP 'C'

NATIONAL UNION OF POSTAL EMPLOYEES - GROUP 'C'CENTRAL HEAD QUARTERS, NEW DELHI

Ref. No.:P3/JCA/01/2008 Dated : 09-01-2008To,

Shri I.M.G. Khan

Secretary, Department of Posts

Dak Bhawan, New Delhi-110001

Sir,

Sub: Indifferent attitude in settling the serious and

burning demands of Postal Group 'C' employees.

It in constrained to note that despite our

repeated requests and demands to settle the burning

problems concerning the Group 'C' employees through

various correspondences and also in person, the

genuine problems are not addressed so far.

Adding fuel to fire, the Directorate has caused

instructions to all the Circle heads to disturb the FTP

qualified officials from their present position and post

them in delivery offices thereby causing unwarranted

disturbances and placements in the middle of the

tenure. The discrimination with in the LSG as if regular

and FTP is deplorable. This instruction is violative to

the principles of R.T, request transfer and connected

statutory rules.

When we are pleading to set right the

irregularities in the notional promotion in LSG cadre

and accord HSG II/HSG I promotion with retrospective

effect since April 2007 as assured, it is still in initial

stage in many circles. The affected seniors are retiring

from service without availing due promotions. The

irregularities in the notional promotion accorded in

Orissa Circle has not been rectified so far.

The assurances given in resolving the shortage

problem like allowing retired personnel to work in

absentism, grant of incentive to WMT, RPLI, PLI work

etc, liberal grant of OTA to operative staff and allotment

of sufficient funds for clearance of pending bills have

not been implemented in true spirit.

The serious and sensitive problem related to

fill ing up of residual vacancies has not been

implemented in many circles despite repeated

assurances and the officials become victim of shortage.

The assurance in withdrawing the retrograde orders of

postponing the BCR promotion to those declined LSG

promotion has also not been implemented. There are

hump teen number of discussions we had on this issue.

Similarly, the assurances given in withdrawing

the orders banning posting of Group 'C' official in single

handed offices only once in the whole service has not

been brought in to action. The plight of the PO & RMS

Accounts qualified officials is still in doldrums and

despite various judicial pronouncements to adhere the

LSG Accountant Recruitment Rules 1976 and accord

APM Accounts promotion, this has not been taken

any note of. We have been frustrated to put forth the

case many times resulted in futile.

In spite of non creation of Systems

Administrators Posts and non providing better perks

and pay scales based on the job nature but treated

them just as the Postal Assistants and utilised them

optimumly in implementation of computerisation in the

Post Offices, the sarcastic and insanity remarks

contained in Directorate letter No. 44-05/2004 - Tech -

KW dt. 22.10.07 that 'the permission to System

Administrator to access databases is dangerous'

causes serious wound. The impracticable order without

any field knowledge causes irreparable hurt to the

exploited categories of Systems Administrators

working hard for computerisation in Post offices over

a decade.

Therefore, we have decided to launch series of

Trade Union programmes culminating to stoppage of

work if our genuine demands are not immediately

resolved besides withdrawing the retrograde orders

issues on LSG postings, and Systems Administrators.

The twenty points charter of demands is enclosed

herewith.

It is requested to sort out the issues, implement

the assurances and withdraw the arbitary, unilateral

anti worker orders affecting the morale, hard work and

honesty and ensure peace.

Soliciting immediate response

Yours faithfully,

(D. Kishan Rao) (K V Sridharan)General Secretary General Secretary

NUPE Group 'C' AIPEU Group 'C'

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Page 4: bhartiya post feb 2008

4BHARTIYA POST FEBRUARY, 2008

GENERAL SECRETARY'S DESKDear Comrades,

CHARTERS OF DEMANDS

The Federal Executive held on 01.12.07 has

decided to launch Trade Union Programmes focussing

the sectional demands. Accordingly, the Charter of

demands of our Union have been framed and a copy

there of has been furnished and circulated to the

Branch Unions for expressing their consent and

opoinion.

You may singly and collectively but through the

Divisional/Branch/Circle Union, communicate your

views to the CHQ so as to reach, the CHQ not letter

than 31.01.08 for incorporation in the final 'Charter of

Demands' to be prepared and placed in the programme

of action to be decided and declared by the JCA.

I seek all your assistance to make our charter

containing all the problems confronting the Postal

Group C comrades.

1. Filling up of LSG, HSG II & HSG I Posts

(i) Recast the notional promotions since 1982/

1983 onwards and fill up all vacant posts of LSG\,

HSG II & HSG I.

(ii) Fill up 2/3rd unfilled LSG vacancies notionally

from 7.2.02 to 18.5.06.

(iii) Relax minimum qualifying service for HSG II

promotion.

(iv) Irregular application of bench mark of current

period for notional promotions.

(v) Date of LSG Promotion be calculated from the

date of issue of orders and not form the date of joining.

(vi) Grant of Modification of LSG as one time

measure for those aggrieved due to dearth of LSG

vacancies/ Rule 38 transfers.

(vii) Drawal of pay to senior BCR officials in HSG I

posts as the pay scales of HSG II & BCR is one and

the same & settlement of earlier officiating cases of

Tamilnadu, West Bengal & other Circles as one time

measure.

(viii) Anomaly in the preparation of PA Gradation list.

Date of confirmation should not be taken now and Date

of appointment be taken for construing seniority. Fixing

seniority based on the date of confirmation is

unconstitutional and discriminatory.

2. Withdraw the draconian orders contained in

Directorate letter No. 22-5/95-PE I dt 21.5.07 denying

BCR benefits to those declining LSG Promotion.

Several officials were arbitrarily, unjustified denied the

due BCR promotion.

3. Filling up the APM Accounts LSG, HSG II posts

as per 1976 LSG Accountant recruitment Rules.

4. Filling up Residual vacancies since 1999-2000

onwards without any further delay.

5. Immediate withdrawal of orders discriminating

regular and FTP LSG and posting them in Delivery

offices in the middle of the tenure.

6. Withdraw the Directorate letter dt. 22.10.07 on

Systems Administrators and form uniform & correct

norms & guidelines first before passing sarcastic

comments.

7. Withdraw the orders fixing responsibility on

D.D.Os/APM Accounts for the over payment of Pay &

Allowances to Postman on account of Fixation under

R.P. Rules.

8. Counting of special Allowance for pay fixation

case of PO & RMS

Accountants.

9. Counting of Past services of erstwhile R.T.P for

promotion & pension as per the Supreme Court

direction.

10 Withdraw the condition in tenure posting of

Single & Double handed offices & restriction in posting

of SPM due to minor penalties/ CR entries which are

in violation of provisions of statutory rules of volume

IV.

11. Allowing all TBOP officials to appear for Group

B exam to be held in Feb'08. as per original orders &

various judicial pronouncements. The cut off date

should be extended for the current exam as

01.01.2008. The exam should be conducted after

completing the process of notional promotions to LSG

in all circles.

12. Counting of Training period for increment and

promotion to the departmental candidates also.

13. Revision of FSC to Post offices & Enhancement

of honorarium for RD PMC work in Sub Offices,

Department Exam invigilation work etc.

14. Implement the assurance made on 19.4.07 in

fixing incentive to RPLI, IMT Pass port applications,

NRGEIS, other business activities etc., Grant of OTA

to operative staff to manage the shortage, Engagement

of SDPA to manage the Shortage, Dispensation of

Confirmation Exam etc.

15. Creation of Systems Manager/Administrators

Posts & Marketing Executives. Grant of SPL pay and

grant of Road mileage Allowance without restrictions.

Trainers Allowance for imparting training Norms be

fixed for Systems Administrators uniformly to all

Circles; providing mobile phones, Fixing duties &

responsibilities.

16 Allotment of adequate funds to clear all pending

personal claims like OTA, TA medical etc. pending

since 2002-03.

Page 5: bhartiya post feb 2008

5BHARTIYA POST FEBRUARY, 2008

17 Spot payment of incentive to SPM/BPM for

procuring RPLI business. Grant of incentive for

schedule work in accounts branch.

18. Drawal of SB Allowances to all working in SB

branches on computers.

19. Refund of Fee for appearing AMFI (Association

of Mutual Fund industry) Exam to all candidates.

20. Revision of Bonus Formula & removal of 60 days

cap.

NEW YEAR GREETINGS:

The CHQ is in receipt of too many greetings from various

Branches and individual members and thankfully

acknowledging them with a cheer and hope that with

such blessings, the Central Union will be to Himalayan

heights of glory and power in the New Year 2008.

BIHAR CIRCLE CONFERENCE:

The 28th the Circle conference was held at Bapa Dham

Motihari from 06.01.08 to 08.01.08 under the

Presidentship of Com. S.K. Roy Circle President. After

a big rally in the streets of Motihari, the open session

was held at 1300 hours on 06.01.08. The Chairman of

the receiption committee Dr. Parvej, also a

philanthropist delivered his welcome address

containing various suggestive, innovative thoughts.

Com. K.V. Sridharan, General Secretary inaugurated

the conference. The other prominent speakers in the

open session were Sri Pramod Kumar, MLA, Motihari,

com. S.S. Mahadevaiah, General Secretary GDS,

Com. Jagannath Singh, Circle Secretary, R3, Com.

B. Upadhayay Circle Secretary R4, Com. Baleshwar

Upadhyay, Circle Secretary P4, Com. Gagan Rawat,

Circle Secretary, R4, Com. Arjun Sahu, Circle

President GDS, Com. Subhash Sahu, Vice President,

CHQ GDS, Com. R.P. Singh, Circle and Secretary,

GDS Union. An interaction with General Secretary was

organised on 07.01.08 in the morning and purposeful

debates, discussions were held. Com. S.K. Roy, com.

U.K. Tewary & Com. Vivekanand Sharma were duly

elected as Circle President, Circle Secretary and Circle

Treasurer respectively. Com. Ashok Kumar, Divisional

Secretary, Motihari and his team deserve all

appreciations for the excellent arrangements they

made for the stayal & food for the delegates and

conduct of the circle conference in a befitting manner.

Our hearty congratulations to the newly elected office

bearers.

MEETING WITH SECRETARY:

NFPE met the Secretary [P] on 28.12.2007 and

discussed certain issues like LSG Notional

Promotions, Recognition of Federations, Vindictive

attitude of DA [P] Patna and SSPOs Meerut Division,

Formation of Mumbai Region, Decentralization of PLI/

RPLI, Improvement in Check-Off procedure, Funds for

OTA, TA Bills, Curtailment of Delivery etc. The

delegation comprised of Comrades K.Ragavendran

[SG NFPE]; K.V.Sridharan [GS P3]; Ishwar Singh

Dabas [GS P4]; Giriraj Singh [GS R3]; and Subash

Mishra [AGS P3 CHQ]. Secretary [P] assured to issue

fresh instructions against curtailment of delivery and

enquire into the vindictive attitude of Officers. Informed

that formation of Mumbai Region is only in proposal

stage. Agreed to look into the issue of decentralization

of PLI/RPLI in the background of higher technology

introduction and suggested for discussion between the

Member [I&F] and the Staff Side. On notional

promotions etc the Staff Side is to discuss with the

Member [P]. Secretary [P] was requested to expedite

recognition of federations and he assured to look into

the suggestion of NFPE on improvement in check-off

procedure.

R-3- ALL INDIA CONFERENCE:

27TH All India Conference of All India RMS & MMS

Employees Union - Group 'C' will be held in Nasik

[Maharashtra] from 18th to 21st January 2008. The

Reception Committee is making elaborate

arrangements for holding of the Inaugural session,

Seminar, Women convention and Open Session in

the AIC. Our General Secretary is attending the

conference.

CHATTISGARH CWC MEETING:

The General Secretary will attend Raipur on 02.02.08

& 03.02.08 and Participate the Circle working

committee meeting and also the divisional conference

of Raipur division.

NFPE TOUR PROGRAMME:

The circle Secretaries are requested to confirm the

arrangements about the conduct of conventions on

the scheduled dates. They may hold circle council

and discuss all our issues including charter of demands

and suggest the CHQ furher.

MEMBERSHIP VERIFICATION:

The Departmental will notify the verification of

membership during the current year at any time. All

Branch/Divisional secretaries are requested to conduct

more meetings, gatherings at work spot, organise the

comrades to our fold. Meet each and every individual

and take all out efforts to enrol more membership in

their divisions/Branches.

With fraternal greetings,

Comradely yours,

(K V Sridharan)

General Secretary

Page 6: bhartiya post feb 2008

6BHARTIYA POST FEBRUARY, 2008

READER'S FORUM

vvvvv Attitude of VIth Central Pay Commission -

Apprehensions and suggestions.

Presently, the entirety of Central Government

employees is looking forward, inter alia, for a

magnificent pay hike as submitted to the VIth CPC

through respective unions/associations. But as per the

recent information given by different publications and

our CHQ website, the attitude of the CPC is not shining

good.

The Debate on Pay posted on-line on October

01, 2007 by Com. KKN Kutty, Secretary General,

CoCGE&W, while stresses on a need-based minimum

wage basing on the theory of fair comparison as the

primary principle of wage determination, inter alia,

expresses concern that while the country's economy

has registered a growth rate of 8-9 % in recent years,

the wage bill as a percentage of tax revenue has come

down to 9% today from 21% in 1997-98. Thus,

according to him, growth has made pay parity possible.

Contradictorily, Shri A.N. Sharma, Director, Institute

of Human Development, New Delhi opposes high salary

to Govt. employees considering the hidden benefits

like job security, pension, perks etc.

In our opinion, perhaps, Shri Sharma has not

studied properly the plight of the Govt. servants in lower

establishments, particularly in the cadre of Group-C

and Group-D with regard to miserable pay structure

and he has no knowledge about current issues like

Screening Committee, PFRDA Bill and other anti-

welfare policies since adopted by the Govt. of India on

one hand and report of the 15th Indian Labour

Conference, other favourable recommendations of

previous Pay Commissions and Five-Year Plans in

the context of wage revision on the other. Further, the

discussions made by the Deccan Herald News on Pay

Commission can't be ignored totally which emphasizes

an alarming disparity in the pay scales of Group-C/D

and that of Group - A. As shown by them when the VI

CPC will submit its final report to the Government

preferably within March - 2008, the proposed hike may

be limited to 2.5 times instead of justified 3.9 times

as per price rise which is certainly shocking and thus

needs to be discussed and analyzed in detail at this

point of time well in advance in order to find out possible

ways and means for protecting the interest of all the

Central Govt. employees.

Concentrating our discussions to the

Department of Posts, it is apprehended that even after

a decade, the postal employees may be forced once

again to suffer if the case of TBOP and BCR officials

in particular is not settled at this point of time. In this

context, your attention is drawn towards the

Memorandum on pay scales of the Postal Group-C

employees submitted to VIth CPC on 30.12.2006. As

you are aware, the genuine demand of upgraded pay

scale to TBOP/LSG, BCR/HSG-II and HSG-I which

are unique to the Department of Posts in the scale of

pay of Rs. 5500-9000, 6500-10500 and 7450-11500

respectively has been denied repeatedly till date either

on one pretext or the other (para:4:07). Though our

contention in Para:4:08:17 is very clear, the attitude

of the CPC, as per the above information, seems to

be dictated by the UPA Government for a lower and

unsatisfactory pay structure.

We have crossed a decade in the mean time

and are experiencing the fate of different court cases

pertaining to the cadre and scales of TBOP/LSG and

BCR/HSG-II. We are just groaning and waiting for the

next date. Adding salt to the injury, the so called Fast

Track Promotion Scheme also betrayed the senior most

PAs due to our belated protest. Further, the fate of the

Gramin Dak Sevaks has been unpredictable. Waiting

for the unethical and inequitable pay structure

recommendation by the CPC first and after its release,

taking a decision either to proceed to court or to adopt

trade union activities, as we have already realized, may

not perhaps be considered appropriate and fruitful. We

have to think in advance with continuous touch and

direct negotiations with the Commission. We have to

achieve our demanded pay scales by hook or by crook

this time since there may not be any guarantee for the

VIIth CPC if the rising trend in liberalization, privatization

and globalization is considered in true sense.

And in my opinion, that will be perhaps the best

contribution to employees welfare at this point of time

when the emaciated, pale, lifeless and gloomy

employees bearing an indelible stamp of misery in his

face dreams for offering technical education to his

children, wants to live in a status and to enjoy great

prestige in the society, desires to exist for a higher end

i.e. to perfect the self and bring it into the harmony with

the Universe and its Author with a mind free from anxiety

and sufficient leisure for the development of his higher

nature which can be made possible only if his income

becomes adequate to make the life worth living.

Thus, we cannot, therefore, rest satisfied unless

the scale of pay is made commensurate with the

present day needs.

B. SAMAL, Divisional Secy.

Bhubaneswar

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7BHARTIYA POST FEBRUARY, 2008

vvvvv First of all let me congratulate you for two things.

One is for the excellent endeavor book VENTURE. It is

unique, useful and never brought by anybody.

We are best availing ourselve the book. And the second

one for unanimously electing com.KR for the topmost

post of SG. It is a nice thing and he is the fittest comrade.

I would like to congratulate com.Goutam Roy

Assistant Secretary Kolkatta GPO for iniating

discussion on Medical Reimbursement Rules

published in Bharatiya Post of Aug. 07.

After reading it, I arrived at the conclution that

according permission for treatment out side the state

or district for self or the family members of the

Govt.official is vested with the divisional head vide

Ministry of Health, GOI, OM NO.S14025/7/2000/MS

Dt.28.3.2000.

It is administratative. But as far as the procedure

of attesting of the AMA`s recommadation by the head

of the district of the Health, say DMHO holds good as

per the rules mentioned by Com. Goutam Roy. In the

Health Ministry`s OM there is no mention of removing

the procedure of countersigning of AMA`s

recommandations for treatment out side state or

district. Hence, I presume that the cases need not be

reffered by the Divisional Head to the regional PMG,

straight away he can accord permission provided that

the AMA`s recommandation are countersigned by the

Chief Medical Officer of the district.

J.RAMA SUBBAIAH, Branch Secretary

Kavali-524 201.

vvvvv Understanding the Union

The NFPE alone observed the one day strike

on 14th December, 2006 for 16 point Charter of

demands. The NFPE and FNPO jointly observed the

one day strike on 30th October, 2007 in association

with the Confederation of Central Govt. Employees and

Workers for 12 point Charter of Demands. But the

entirety postal workers in true sense from ED to AD

are yet to be assembled in a common platform. Before

accusing others, I would like to ask the non-striking/

non-participating employees/associations of our

Department a question - Aren't they affected with price

rise? Aren't they worried on imbalanced public

distribution system? Aren't they aware of the

dangerous consequence of the PFRDA Bill? Won't

they accept the awards of the Board of Arbitration,

the revised pay and Interim Relief from 01.01.2006, if

acceded to? Won't be they happy if interest rates on

GPF and small saving are increased?- Casual labourers

are regularized? Downsizing, closure/ merger are

stopped? If yes, then why they are still slipping and

not joining with the mainstream? Is there any thing

not understandable? For such comrades, I have the

following few words to say.

When Maharishi Vyas completed the Eighteen

Mahapuranas comprising of one lac chants, the

common man could not follow exactly what he had

intended to tell. Thus, Vyas explained the gist just in

two lines for understanding of the common man:

"ASTADASA PURANESU VYASASYA BACHAN

DOYAM, PAROPAKARAYA, SORGAYA, NARKAYA

PARAPIDANAM". Thus, if we clearly understand the

meaning and importance of these two thing -

PAROPAKARAYA SORGAYA and NARKAYA

PARAPIDANAM, We need not have to go through the

Eighteen Mahapuranas. Similarly, we need not have

to digest the entire SRIMAD BHAGWAT GITA, but

just to understand the first and last word of it. What is

the first word? - "DHARMAKHETRE KURUKHETRE

SAMABETAH YUJUSTUVAH, MAAMAKAAH

PANDAVAASCHAIBA KIMKURBATA SANJAY". So

the first world is Dharma. What is the last word then?

- "JATRA JOGESWARAH KRISHNO JATRA PARTHO

DHANURDHARAH, TATRA SRIRVIJAYO

VUTIRDHRUBA NITIRMATIRMAMA " . So the last

word of Gita is Mama. Thus, "Dhrmam Mama" means

we have just to realize our Dharma and the entire Gita

is finished.

Comrades! What is our Dharma then? It has

a very broader concept. It is not reading Gita, Bible,

Quran ,etc. but discharging one's duties and

responsibilities according to his capability with

sincerity and honesty which has been categorically

emphasized in the "KARMAYOG" of the holly Srimad

Bhagwat Gita and many other holly books of

different religions. The duties and responsibilities

as a true human being - may be as a member of the

union, as an employee of any organization, as a

father / mother, as a brother / sister, as a son /

daughter in the family and above all as a responsible

citizen of the nation.

Being in a service union / association, our

Dharma is nothing but to serve and to be united. So to

have a clear understanding of the entire union, the

very concepts of Service and Union are to be

understood. We have to serve united and we have to

be united to serve. Service is the motto of the union.

Only two words and two aspects. The theory is very

simple. It is required only to think in a positive

affirmation with cultivation of personal life which

depends of rectification of the mind. Being affected by

wrath, fear, fondness or worries and anxieties to any

extent and beholden to personal desires with complete

Page 8: bhartiya post feb 2008

8BHARTIYA POST FEBRUARY, 2008

attachment to individual interest, we fail to serve whole

heartedly.

Thus, in the interest of common cause, let us

forget our individual differences keeping aside our

personal desires and try to gather in a common

platform irrespective of cadre and wing since our goal

is one. And perhaps, this is quite inevitable and is the

need of the time and the situation when the working

class in general is being seriously ill treated by the

bureaucracy in the Department supported with the anti

workers policy of the Government. Any Government,

may be NDA, may be UPA should learn a lesson that

in spite of our individual differences, we are united for

common cause and we can go to any extent when

our existence is questioned. Comrades, this is not

the end but the begining only. So, get yourself ready

to fight against the draconian policies of the Govt.

adopted in the name of liberalization, privatization and

globalization and going against the interest of the

working class as a whole. Nothing will happen by just

giving the slogan, "United we stand, Divided we fall"

but to implement it in letter and spirit with solemn

swearing.

-B.Samel, Divl. Secretary, Bhubaneswar.

vvvvv Dear Sri Sridharan,

This is to congratulate you and the team of

AIPEU CHQ. in bringing out a compendium entitled

"VENTURE" for the benefit of staff members. This will

also be handy and beneficial to all concerned. Such a

compilation is long over due and your efforts in this

regard are laudable.

I came across this booklet recently and hence

this communication. Wish you success in your new

assignment as General Secretary of AIPEU Gr. 'C'.

(T.S. BASHYAM, I.P.S.)

Retd. A.P.M.G. Chennai

vvvvv Reference to your Bhartiya Post Dec. 07 issue

which was received promptly. Thanks for the information

regarding the strength of strike on 30.10.07

Always the P&T Trade Union movement was

the forerunner of Indian Trade Union movement. The

supremacy and the solidarity exhibited to the world in

1960 strike, the colour of Greatest Democrat Pt.

Jawahar Lal Nehru was exposed. It was planned,

premeditated to spoil the unity after derecognition of

the NFPTE and FNPTO was the product of the anti

union activists beyond P&T.

From the information, you have furnished. I am

glad to know that united action of NFPE and FNPO

has raised the glory of Postal solidarity and again we

gained the leadership in the Indian Trade Union

movement.

In 1960, a Research student of Oxford university

prepared papers about Indian Trade union movement

and in that papers she remarked "P&T union is the

philosopher and guide for the struggles in Trade Union

movements in India". This for your information.

M.Pechimuthu,

Retd. Chief Postmaster, Anna Road.

VENTUREv A compliation of Staff Welfare orders

v A companian to Postal Comrades/Activists

v Containing various staff matters like Tenure,

Transfer, Promotion, Welfare, Recruitment

etc.

v The first kind of such activity by CHQ

v Available for sale. 'No profit, No Loss' Basis

v Limited copies are available in hand.

v Rush your indent. Cost Rs. 70/- + Postage

charges.

Ms. Benezir Bhutto AssassinatedMs. Benezir Bhutto, a

strong believer of Democracy

and tolerant Pakistan met a

violent death and it shattered

the hopes of returen of

Democracy in Pakistan. Ms.

Bhutto become the first woman

Prime Minister of a Muslim

country like Pakistan in 1988.

Her assassinatin is the major

loss for the Pakistani's and its return to Democratic

Pakistan. We strongly condemn the brutality and

pay our respectful homage to teh departed leader of

Pakistan.

Page 9: bhartiya post feb 2008

9BHARTIYA POST FEBRUARY, 2008

LETTERS TO DEPARTMENTLetter No.: P/2-21/UK Circle Dated : 31.10.2007

addressed to Sri Kamlesh Chandra, DDG (P)

Department of Post, New Delhi- 110001

lllll Filling up of residual vacancies - case of

Uttarkhand Circle.

It is constrained to note that despite the

assurances given by the Secretary to direct all circle

heads to fill up all the residual vacancies without any

further clarifications at once, necessary instructions

have not been reached the circle heads.

Resultantly, the position remains the same and

in particular, no action seems in Uttarkhand Circle to

fill up such posts till now. It causes a concern.

It is therefore requested to cause necessary

instructions to all Circle Heads to fill up the posts

immediately without any further delay.

Soliciting response

Letter No.:P/2-20/Meerut Dated : 28-12-2007

addressed to the Secretary, Department of Posts, Dak

Bhawan, New Delhi - 110001

lllll Atrocities and mal-administration of SSPOs,

Meerut Division in U.P. Circle

The SSPOs, Meerut Division Shri H.P. Singh

is unleashing all kind of atrocities towards staff since

his joining in the Division on 2.8.07 and also indulged

in many corrupt practices. The following are few

examples:

i) Since his joining in the Division on 2.8.07, he

issued nine transfer order memos up to 3.11.07 and

almost all of them were on obvious considerations.

After the intervention of the PMG Bareilly, he has

controlled to some extent.

ii) Thereafter on transfer of PMG Bareilly, he

resorted same type of issuing transfer memos and

minted money like any thing. This has caused

dislocations and disturbances to 61 officials in eleven

transfer memos in the middle of the tenure, which is

quite against to the departmental guidelines. The

copies of memos are enclosed.

iii) Almost all transfer orders were issued in the

name of interest of service. The officials under clouds

charge sheeted in fraud cases, in the midst of currency

of punishments were favoured and posted as SPMs

and as PAs in other sensitive monetary handling posts.

iv) There is a total deviation of pending requests

and all the transfers were issued absolutely on

favoritism and corruption.

v) The LSG officials are being posted in single-

handed /double handed offices as SPMs instead of

posting them in LSG post. It is a paradoxical to note

that the Postal Assistants are being posted in LSG

norm based supervisory posts. In case of Sardhana

PO, the norm based LSG official has been posted as

PA under the supervision of one TBOP official as SPM.

Similar is the position of Sheshpal, where the norm

based LSG Official was posted as PA and a Time

Scale PA is working as SPM. This is nothing but

humiliation to the senior LSG officials.

vi) The instructions of the Directorate preventing

repeated postings as SPMs in the same office have

been violated while favouring some officials on

extraneous consideration. The posting of SPM

Sardhana is the text example that he had worked in

the same post over fifteen years out of 25 years of his

service. It is most pertinent to note that the said official

has involved in bogus MO issue fraud held in the said

office.

If a thorough probe is ordered on the transfers

he issued during this short period, may more hidden

skeletons rolling in the Cup Board will come out which

will also brought to light his scientific corruptions..

It is most apt to mention that the said officer

wherever he hold the incharge of Division indulged in

many corruptive actions.

i) When he was working as SPOs, Etawah ,

Bulandshahar, Jhansi, Aligarh etc, he was transferred

in midst of his tenure due to various complaints on his

corrupt activities. He has been barred in providing

independent charge in any division.

ii) When he was holding charge of Bulandshahar,

the eight BPM appointments were cancelled by R.O.

Agra and he was transferred. However, he managed

to drop all the cases against him on his joining as AD,

Agra.

iii) The advance taken by him to the tune of

Rs.1,00,000/- from H.O. Treasury of Jhansi H.O and

Rs. 82,000/- from Lalitpur H.O. on 28.2.05 have been

settled only on 22.9.05 after seven months after the

strict instructions of the R.O.. He could manage

vouchers only for Rs.50,400/- and rest of the amount

was credited by him under UCR. This is a speaking

example of his attitude in misappropriation of Govt.

money.

iv) He involved in the bogus cash conveyance and

charged Rs.1000/- per day for Cash Conveyance.

Despite the report of the C.L.I. to proceed action

against him, the same has managed to avert such

proceedings. Since the case was brought to the notice

by the Divisional Secretary, he dismissed the Divisional

Page 10: bhartiya post feb 2008

10BHARTIYA POST FEBRUARY, 2008

Secretary on flimsy reasons by misusing the

disciplinary powers which has been set aside on

appeal. However the official is facing Rule-9 case since

he was retired from service.

vi) Due to abusal and threatening with

unparliamentary words, a criminal case was lodged

against him and he got stay from High Court to prevent

arrest. He is notorious in all kinds of misuse of his

official powers.

vii) Since the Divisional Secretary, Jhansi reported

about his corrupt activities to the Circle administration,

like misappropriation of Govt. money to the extent of

Rs. 83,000/- at Lalitpur H.O. and sale of unserviceable

materials costing Rs. 15 lakhs etc, he took revenge

and dismissed the Divisional Secretary in a fake prepaid

case .

viii) When he was SSPOs, Azamgarh, he indulged

in the misuse of money at BOs , irregular transfer

memos etc resulting a criminal case which is pending

in the District Court there.

From the above, it is evident that whatever he

held the charge of the division, he misused his powers

abruptly and indulged in various corruptive activities.

He also unleashed terror by issuing charge sheets to

the activists of this Union. The dismissal of P3 divisional

secretaries of Bulandshahar and Jhansi were the

testing examples of the repressive actions. Now he

threatened the Divisional Secretary, Meerut that since

he complained about the irregularities in the transfer

memos, he will face similar consequences as in the

case of Bulandshahar and Jhansi.

Despite the assurances given by the PMG

Bareilly in the Bi-monthly meeting that he will take

appropriate action, nothing has been seen tangible so

far. This has given further strength to continue his anti-

worker actions and corrupt practices.

Under these circumstances, it is requested that

a thorough probe from the Directorate may please be

ordered immediately on his misuse of powers in Meerut

Division besides other issues and he may be shifted

from the Division immediately and initiate action.

Action may please be taken as if fire on the

house to ensure smooth and peaceful function in

Meerut Division.

Soliciting immediate response.

Letter No.: P/2-20/Jhansi Dated : 29.12.2007

addressed to the Secretary, Department of Posts,

Dak Bhawan, New Delhi - 110001

lllll Classification of Jhansi as B2 city for

purpose of drawal of HRA/CCA.

The U.P State Government vide its Gazette

notification has upgraded the Jhansi city as Nagar

Nigam and thus become eligible as B2 class city.

The copy of the Gazette notification is enclosed.

However, no action has so far been initiated to

declare the Jhansi as B2 Class city by the Central

Govt. for the purpose of drawal of HRA & CCA.

It is therefore requested to cause appropriate

action for the early declaration of the city as B2 city

for the purpose of drawal of HRA/CCA.

Soliciting response.

Letter No.: P/2-11/Mysore Dated : 29.12.2007

addressed to the Smt. Shanthi Nair, Post Master

General, South Karnata region, Bangalore 560001

lllll Highhandedness, Harassment and

atrocities unleashed against staff by Postmaster,

Saraswathipuram HPO. - reg.

The copy of the memorandum addressed to

PMG submitted by all the service unions of Mysore

division about the atrocities and highhandedness of

the Postmaster, Sarasawathipuram HO is enclosed

herewith for appropriate action.

The memorandum itself is self explanatory and

exhaustive. If any enquiry is ordered on the allegations

as contained in the memorandum, the sufferings of all

cadres will come in to light. The incumbent Postmaster

should be reined or transferred for maintaining peace

and tranquility in the division.

It is requested to kindly enquire the allegations

and cause appropriate actions to end the atrocities

duly ensuring peaceful atmosphere at the HO.

May I request your response, madam.

Letter No.: P/2-19/Salem East Dated- 29.12.2007

addressed to the Secretary, Department of Posts,

Dak Bhawan, New Delhi - 110001

lllll Continuous grant of HRA to the Postal staff

working at kannnankurichi in Salem East Division,

Tamilnadu Circle.

Ref: (i) This Union letter of even no. dt. 25.01.07.

(ii) Yr. Letter No. 4/45/97 PAP 7.2.07 a/t PMG

Coimbatore

Apropos reference, it is learnt that the fresh

Dependency Certificate has been obtained and

forwarded to the Directorate by the PMG, western

region vide his letter No. EST/82-128/2000 on

25.10.07.

it is requested to expedite action and accord

sanction at the earliest.

Letter No.: P/2-1/Medak Dated : 29.12.2007 addressed

to the Secretary, Department of Posts, Dak Bhawan

New Delhi - 110001

Non drawal of S.B. Allowance to Postal

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11BHARTIYA POST FEBRUARY, 2008

Assistants working in SB Branch - Case of Medak

division, AP Circle - reg.

Ref: This Union letter of even no. dt. 12.03.07.

Apropos reference, it is constrained to note that

this sensitive and serious issue has not been resolved

even after being brought to your notice.

The due SB Allowance has been denied to the

officials posted in the SB branch second time even

though they qualified in SB aptitude test in Medak

division. The SPOs sought unwarranted clarifications

to deny and deprive the officials of their dues. This

causes a concern.

It is requested to expedite action and ensure

drawal of SB allowance to all the S.B Aptiture test

Qualified officials posted in SB branch retrospectively

from the date of their posting.

Immediate action is highly solicited.

Letter No.: P/2-13/Parbhani Dated- 29.12.2007

addressed to the Secretary, Department of Posts, Dak

Bhawan, New Delhi - 110001

lllll Alleged burglary at Hingoli MDG PO -

Murdering Night watchman, Sri B.G. Mathpathi -

non settlement of dues - reg.

Ref: (i) This Union letter of even no dt. 04.04.07.

(ii) Yr. Letter no. 16-40/2007 - SR dt. 30.07.07

Apropos reference, it is constrained to note that

the ex gratia lumpsum compensation as per the

provisions of CCS (pension) Rules 1972 has not been

disbursed so far ever after sixteen months after his

murder at the Post office.

It is told that due attention has not been taken

at local level for expediting the case and effect

immediate payment to the deceased family.

It is requested to cause necessary instructions

to expedite the sanction and arrange payment at the

earliest.

Letter No.: P/2-19/Atur Dated : 29.12.2007 addressed

to the Secretary, Department of Posts, Dak Bhawan

New Delhi - 110001

lllll Renewal sanction for grant of peripheral

HRA to the staff working at Narasingapuram in

Salem East division. (Tamilnadu Circle)

The HRA drawn at the C class rate to the SPM

working at Narasingapuram PO which is adjacent and

dependent to Atur has been stopped from 01.06.05

due to non issue of renewal sanction for the period

from 01.06.06 to 36.05.08.

The required dependency certificate was

obtained from the competent authority and forwarded

to Directorate earlier. The delay causes a concern.

It is requested to expedite action and accord

sanction at the earliest.

Letter No.: P/2-13/Satara Dated : 29.12.2007

addressed to the Secretary, Department of Posts, Dak

Bhawan, New Delhi- 110001

lllll Continous drawal of peripheral HRA - C/o

TSOs in Satara Division, Maharastra Circle.

The HRA at the C Class rate (ie) 7.5% which

was drawn up to December' 04 to the staff working in

Vidyanagar, Malakapur, Ogalevadi (Kerald HO) and

MIDC and Sangamnagar in Satara has not been drawn

since Jan'05 due to pending renewal sanction of the

Directorate.

The required dependency certificate has been

submitted by the SSPOs, Satara on 27.7.05 itself and

the delay in according renewal sanction is causing

concern. The next periodical sanction also become

due from Jan' 08.

It is therefore requested to cause immediate

action to accord renewal sanction for the period from

01.01.2005 and also expedite action for the further

period commencing from 01.01.2008.

A line in reply about the action taken is highly

solicited.

Letter No. P/2-13/Satara Dated : 29.12.2007 addressed

to the Secretary, Department of Posts, Dak Bhawan

New Delhi- 110001

lllll Non Drawal of HRA to the officiating SPMs

working at offices having attached quarters.

It is brought to our notice that despite clear

instructions issued by the department in its letter no.

24/3/76/PAP dt. 20.8.79 also appeared in FR, SR Part

IV in chapter X that HRA may be granted for the

maximum period of three months when the official is

posted to officiate in a post to which rent free

accommodation is attached but not provided, the due

HRA for three months has not been drawn & paid to

the officiating SPMs in many places.

There are several instances in Satara division

in Maharastra Circle and Bhatinda in Punjab Circle.

Even though the senior BCR officials were ordered to

look after the charge of PM/SPM until regular posting,

HRA has not been paid to the officials who are officiating

such vacancies resulting loss in emoluments due to

officiating in higher posts.

Similarly, even though the power of

dequarterisation of a post attached Quarters is now

delegated to Heads of Circle vide Directorate letter

no. 10-4/2003 - Bldg. dt. 6.5.03. the Circle heads are

not according proper sanction for Dequarterisation/

Suspension of Quarters for the periods of such

officiating periods exceeding 90 days.

Page 12: bhartiya post feb 2008

12BHARTIYA POST FEBRUARY, 2008

The officiating officials should not suffer a

financial loss due to the administrative problem of non-

posting of a regular incumbent to the vacant post with

in the stipulated period. Prolonged officiating

arrangements is an ultimate loss to an officiating official

for no fault on his side.

It is therefore requested to issue clarity

instructions to all Circle heads to settle the pending

issues accordingly and the copy of the same may be

forwarded to union.

Soliciting response.

Letter No.: P/4-1/Staff Dated : 29.12.2007 addressed

to the Ms. Radhika Doraisamy, Member (P)

Department of Posts, New Delhi - 110001

lllll Disturbance in the Middle of the tenure -

case of FTP Qualified officials.

Consequent upon the instructions given to all

Circle Heads, the FTP qualified officials have been

disturbed from their present positions and posted to

the delivery offices causing serious disturbances in

the middle of the tenure.

This is arbitary, unjust, and against to the canon

of all orders on the subject. Further, the differences

within the LSG as if regular and FTP and treating the

FTP as if above to regular is nothing but a farce and

bad before law. This affects the sentiments of the senior

officials and also demoralise the supervisiory cadres.

If the administration feels that the supervisioary

work at delivery offices is not at the expected level,

the present incumbents should be given appropriate

professional training and elevate their standard. As

such, this kind of division among LSG officials is

unacceptable. The instructions has caused a lot of

inconvenience to the incumbents working in delivery

offices.

It is therefore requested to review the decision

once again and cause orders to keep the instructions

in abeyance at once.

Soliciting your response.

Letter No.: P/2-16/Orissa Dated : 31.12.2007

addressed to the Sri Kamlesh Chandra, DDG (P)

Department of Posts, New Delhi - 110001

lllll Irregular adhoc HSG II promotion ordered

by R.O. Sambalpur in Orissa Circle.

It is constrained to note that despite our

repeated requests, the chaos and confusions prevailing

in LSG, HSG II & HSG I Promotions in Orissa Circle

has not been sorted out.

Adding full to fire, the PMG Sambalpur has

issued adhoc HSG II promotion orders for the official

of his region in the absence of corrected LSG Gradation

list for the entire circle. In fact, as HSG II is the Circle

cadre, there is no jurisdiction to the R.O. for issuing

adhoc promotions to the officials working in its region.

If the anomolies are not sorted out at once, it

will further create more problems and all this should

be sorted out and settled as per rules at the earliest.

It is requested to expedite action to settle the

promotion issues in the circle besides causing orders

to cancel the irregular adhoc promotions ordered by

the R.O. Sambalpur.

A line in reply about the action taken is highly

solicited.

Letter No.: P/2-2/Cachar Dated- 31.12.2007 addressed

to the Secretary, Department of Posts, Dak Bhawan

New Delhi - 110001

Arbitary downgradation of Cachar division

in Assam Circle.

Ref: This Union letter of even no. dt. 2.11.07

Apropos reference, it is reliably learnt that a

fresh proposal has been sent from Assam Circle office

for upgradation of the Cachar division and the Sr.

Postmaster to the Directorate by diverting one class I

and class II posts from the Circle office to Cachar

division. The proposal was sent by the Chief PMG

after assessing the work and the need to keep Cachar

division with class I status.

It is requested to expedite consideration and

accord orders at the earliest.

Letter No.: P/2-20/Varanasi West Dated : 31.12.2007

addressed to the Secretary, Department of Posts, Dak

Bhawan, New Delhi - 110001

lllll Imposing penalty in the shape of heavy

monetary recovery on contributory factor - C/o

Taliabag so in Varanasi West division (UP Circle)

Ref: (i) This Union letters of even no dt. 08.02.07

& 06.06.07.

(ii) Your letter No. 16-54/2007 - SR. dt.

27.09.07

Apropos reference, I wish to state that the main

offender who is possessing wealth has not been

prosecuted and proceeded for confiscation of his

property to made good the loss sustained to the

department and the innocent officials have been charge

sheeted and ordered for recovery. Thus the spirit behind

the Directorate guidelines contained vide letter C -

32016/07/2006-VP dt. 14.11.06 has been totally

defeated.

The main offender Sri. Ishwari Narain Singh is

possessing property to the worth of near about twenty

crores. He is having three petrol pump stations so if

deterent action is ensured through state revenue

Page 13: bhartiya post feb 2008

13BHARTIYA POST FEBRUARY, 2008

authorities, the amount may be recovered in full.

It is therefore requested to cause serious action

to recover the amount from the main offender and

innocent official may please be relieved from the

clutches of contributory negligence.

A line in reply about the action taken is highly

solicited.

Letter No.: P/2-16/Sundargarh Dated : 31.12.2007

addressed to the Sri Kamalesh Chandra, DDG (P)

Department of Posts, Dak Bhawan New Delhi - 110001

lllll Non-consideration of HSG II promotion - C/o

Sri Sibanrayan Sahoo, senior most LSG official

Sundargarh division - reg.

In the recently held DPC for HSG II promotion

in Orissa Circle the case of above said senior most

official has not been considered and approved due to

the incorrect information furnished by the SSPOs,

Sundargarh division.

The Circle Union has taken the case with the

Circle administration on 10.10.07 and the injustice

caused to the senior official has not been set aside.

It is therefore requested to cause necessary

action to render justice to the aggrieved official.

Soliciting response.

Letter No.: P/2-11/Ankola Dated : 31.12.2007

addresses to the Sri. Kamalesh Chandra, DDG (P)

Department of Posts, Dak Bhawan New Delhi - 110001

lllll Arbitary denial of LSG Promotion - C/o Sri

Uday S. Shet, Postmaster, Ankola MDG in

Karnataka Circle.

The regular LSG promotion has not been

accorded to the official and the official has been

informed that the 'Review DPC held on 06.09.07 has

not recommended his promotion due to non - fulfilment

of benchmark all the years (vide PMG, N K region

letter dated 29.10.07).

While pursuing records, he got two average and

since 2004-05 to 2006-07, he secured Good in his CR

and out of five last entries, he secured three good

entries.

Further, the official has served for number of

years as single handed SPMs, B Class & A class

SPMs. He was holding independent charge over twenty

years and got many appreciations from the higher ups.

Some of them are enclosed herewith for your notice.

There was no disciplinary case contemplated against

him and he is holding the HSG II post for a long time.

As such the denial of LSG promotion is causing

a serious concern. The instruction contained in your

letter no 33-1/2001 PE II (pt) 23.07.07 that the DPC

should be realistic and objective in their assessment

in order to avoid unnecessary staff grievances and

depriving the due claims of the staff for promotion has

not been applied properly in this case.

It is therefore requested to cause necessary

instructions to consider his case for LSG promotion

and render justice to the aggrieved official.

Soliciting response.

Letter No.: P/2-17/Bathinda Dated : 31.12.2007

addressed to the Sri. Kamlesh Chandra, DDG (P)

Department of Posts, Dak Bhawan New Delhi - 110001

lllll Irregularities in officiating arrangements -

case of Bathinda division in Punjab Circle.

One Sri. S.K. Bhardwaj officiating as SPM

Bathinda City (HSG I) has refused to accept his adhoc

promotion in HSG I cadre as postmaster, Bathinda in

the same station and declined his promotion.

When the official has declined his HSG I

promotion, as per rules, he should not be continued

to officiate in other HSG I post. The official should

have been rejoined to his original post as APM SBSo,

(HSG II), Bhatinda HO. Accordingly, the Circle office

has relieved him from the post and directed him to join

his parent post on 08.09.07. The official proceeded on

leave since then.

Now the SSPOs Bhatinda vide his letter dt.

20.12.07 has reposted the official as SPM Bhatinda

city without extra remuneration which he conveyed as

per the orders of the PMG Punjab region dt. 20.12.07.

This is arbitary, unjust and against to the orders on

promotion. When the official declined his promotion,

the posting should be ordered to the next eligible official

and the phrase 'without extra remuneration' has no

place in the statuary rules which prevent the next official

who entitle and eligible for such promotion.

It is therefore requested to cause necessary

orders and set aside the irregular orders issued in this

case.

Soliciting response.

Letter No.:P/4-1/Staff Dated : 31.12.2007 addressed

to the Sri Kamalesh Chandra, DDG (P), Department

of Posts, Dak Bhawan, New Delhi - 110001

lllll Non consideration for HSG II/HSG I

promotion - C/o Sri K.C. pattanayak, non working

as APM Accounts Baragarh HO - reg.

The Circle Union, Orissa has taken up the case

of irregularities in non according HSG II& HSGI

promotion to the abovesaid official in oct' 07 but remains

with no result.

The said official was accorded with LSG (Accts)

notional promotion w.e.f. 30.05.01 vide CO memo no

ST/ 26-16/2003 dated 17.06.2004 and accordingly

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14BHARTIYA POST FEBRUARY, 2008

posted as APM Accounts Samhalpur HO vide SPOs

Sambalpur division memo no B/G - 18/2002/Ch-VI

dated 20.07.2004. Due to personal problems the official

had declined the promotion, which would have been

taken as one year time period or till the constitution of

next DPC. But surprisingly his name was not submitted

before the subsequent LSG DPCs, which is against

all the rules in this connection. It is total deprivation to

the official's promotion, to his seniority, who was given

with notional LSG promotion w.e.f 30.05.01.

Besides above, after introduction of FTP

Scheme in 2002, Accounts line is no more regarded

as a separate cadre and his working in general line

LSG posts after notional LSG promotion has created

no difference. On the other hand the official's name

could have been placed in the subsequent LSG DPCs,

giving him further scope for posting in APM Accounts

post in latter years to become eligible for promotion to

HSG -II & HSG - I post.

Further, it is to mention here that his name has

not been included in the LSG gradation list, corrected

up to 01.07.07, published vide CO letter ST/26-11/2007

dated 24.08.07, which is not with conformity of rules.

Moreover, the official has joined as APM Accounts,

Baragardh HO on 01-06-07 as per instructions vide

SPOs Sambalpur division memo number B/G-18/Ch

VIII dated 13.04.07 duly approved by RO Sambalpur.

The Performa report called for by the circle office from

Baragarh HO through SPOs Sambalpur division with

reference to service book has already submitted by

PM Baragarh HO to SPOs Sambalpur division vide

his letter number A/C-37/2007-2008 Dated 22.08.07.

The reports so submitted might have been kept pending

either at the end of RO Sambalpur at Circle office for

the reasons best known to those authorities.

Under the circumstances, it is requested for

kind intervention in the particular case to kindly cause

inclusion of the name of the official in LSG gradation

list and also consideration of his case in HSG - II DPC.

with retrospective effect.

Soliciting response.

Letter No.:P/2-16/Orissa Circle Dated : 31.12.2007

addressed to the Secretary, Department of Posts, Dak

Bhawan, New Delhi - 110001

lllll Review of LGO Examination 2006 for

promotion to PA/SA cadre - case of Orissa Circle.

Ref: This Union letter of even no. dt. 04.04.2007

Apropos reference, it is constrained to note that

the review has not been exercised so far and the

reference made by the Chief PMG, Orissa Circle vide

her letter dt. 04.08.06 requesting to review the result,

as they were many candidates lost their promotions

just for 1 or 2 marks has not been replied so far.

Similarly the review for SC/ST Candidates has

also not been carried out so far. If the review is

conducted immediately, many eligible candidates may

get their promotions besides filling up the vacant posts

kept under residual vacancies.

It is onceagain requested to cause necessary

orders to Orissa Circle to carry out the review of the

LGO examination.

Soliciting response,

Letter No.: P/2-14/M.P. Cle Dated : 01.01.2008

addressed to the Secretary, Department of Posts, Dak

Bhawan, New Delhi - 110001

lllll Non declaration of Holding for Holi in M.P.

Circle.

It is brought to our notice that in the list of

holidays released by the Chief PMG, M.P. Circle, no

holiday has been declared on 22.03.07 Saturday for

the Holi Festival.

As Holi is an important festival and also the

officials could not travel in the midst of colour throwing,

it is most essential to declare holiday on the day.

It is requested to cause appropriate instructions

to the Circle Head at the earliest.

Soliciting response.

Letter No.: P/2-16/Bhubaneswar Dated : 02.01.2008

addressed to the DDG (E & PM), Department of Posts,

Dak Bhawan, New Delhi - 110001

lllll Provision of construction of 228 numbers

of cycle scooter shed at P & T colony, unit IV,

Bhubaneswar.

Ref: (i) This Union leter of even no. dt. 21.09.07

(ii) Yr. Letter no. 6286/SR/07 dt. 26.09.07

Apropos reference, it is constrained to note that

adequate funds and sanction has not get beenaccorded so far to the Chief PMG Orissa Circle for theproportionate share to Telecom to the tune of Rs.32,55,417/- for the proposed construction.

It is requested to expedite the approval and allotfunds at the earliest so that the above work could becompleted in the current financial year.

Soliciting response.

Letter No.:P/4-4/ Broad Band Dated : 02.01.2008

addressed to the DDG (Tech) Department of Posts,

Dak Bhawan, New Delhi - 110001

lllll Arrangment of Broad Band connection in

all computerised offices.

Ref: (i) This Union letter of even no. dt. 09.05.07

(ii) Yr. Letter no. 6/69/SR/07 dt. 11.05.07

Apropos reference, it is constrained to note that

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15BHARTIYA POST FEBRUARY, 2008

this vital issue has not so far been considered and the

problems in handling internet at Post offices have not

been resolved.

The problem of internal connectivity through

modem is at rise and in many occasions, the date

could not be sent to the site. Further due to slow

functioning of modem, the transfer of date takes more

time.

It is requested to provide Broad Band

connection to all the computerised officials to avoid

the present problems in the work spot.

Soliciting response.

Letter No.: P/4-4/Honararium Dated : 02.01.2008

addressed to the DDG (FS) Department of Posts, Dak

Bhawan, New Delhi - 110001

lllll Non Payment of compensation for the work

done by staff in connection with enrolment of

new voters and selection in the voters list - reg.

Ref: (i) This Union letter of even no. dt. 24.07.07

(ii) Yr. letter No. 6230/SR/07 dt. 30.07.07

Anent reference, I wish to state that no standing

orders has been issued to delink the payment of

incentive for the said work performed by the-postal

officials from the amount received from the Election

Commission. That should be dealt separately by the

department.

Having extracted the work, by utilising the staff

overburdenly, the dues shall be paid to the staff in

time.

It is requested to cause necessary orders to all

the Circle Heads to release the payment of incentive

which is pending over two years.

Soliciting response.

Letter No.:P/4-2/CA Dated : 02.01.2008 addressed to

the DDG (FS), Department of Posts, Dak Bhawan New

Delhi - 110001

lllll Request for fixed conveyance Allowance

to PRI (P)s & Marketing Executives.

Ref: This Union letter of even no. dt. 14.05.07

Apropos reference, it is constrained to note thatno action has so far been taken to mitigate the financialloss being met by the PRI (P)s and marketingexecutives.

Apart from regular duties of the inspection work,supervision of delivery staff and addressing publicgrievances, these officials are now entrusted with thenew products launched under the aegis of BusinessDevelopment Directorate and convening for the variousschemes introduced by the department.

Taking in to account the plight of these officials

and the indispensability of their services, a fixed sum

of Rs. 1000/- may please be fixed as Fixed

Conveyance Allowance per month.

A line in reply about the action taken is highly

solicited.

Letter No.: P/2-21/Dehradun Dated : 02.01.2008

addressed to the Secretary, Department of Posts, Dak

Bhawan New Delhi - 110001

lllll Non Payment of MPCM allowance to

Counter Postal Assts in Dehradun Division in

Uttaranchal Circle.

Ref: This Union letter of even no dt. 25.07.07

It is constrained to note that the issue has not

yet been resolved and the Counter Assistant working

at MPCM counter are not being paid the due MPCM

Allowance of Rs. 100/- per month as entitled vide

Directorate order dt. 17.01.97.

It is requested to expedite action and ensure

payment of the allowance to the counter assts with

retrospective effect.

Letter No.:P/4-5/SB Dated : 02.01.2008 addressed to

the DDG (FS), Department of Posts, Dak Bhawan New

Delhi - 110001

lllll Acceptance of Cheque issued in favour of

the depositor or in turn in favour of postmaster -

clarification sought for.

Ref: (i) This Union letter of even no. dt. 22.11.06

& 20.03.07

(ii) Yr. Letter no. 6/34/SR/07 dt. 26.03.07

Apropos reference, it is constrained to note that

necessary clarification on the subject has not been

issued so far.

The following doubts raised from the SB order

No. 20/2006 & 22/2006 may be clarified at the earliest.

i) There is no clarification for the basic point of

objection viz. acceptance of cross cheque (Account

Payee) in favour of individual and in favour of any

Postmaster for the investment is regular or not;

ii) In the order dated 04-09-2006, it is observedwhile substituting Rule 11 (3) of POSB Manual Vol. II,the endorsement to be made by the applicant whenthe cheque is drawn in favour of Postmaster and alsoabout the cheque drawn in favour of applicant vice-versa and was given effect from 15-09-2006. However,the portion of cheque drawn in favour of applicant andendorsement to be made by the applicant had beenomitted in the subsequent order dated 20-09-2006which was given effect from 30-09-2006.

Soliciting immediate action.

Letter No.: P/4-4/Honorarium Dated : 02.01.2008

addressed to the DDG (FS) Department of Posts, Dak

Bhawan, New Delhi - 110001

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16BHARTIYA POST FEBRUARY, 2008

lllll Clarification on grant of honorarium for

calculation of interest for RD premature closures

- reg.

Ref: (i) This Union letter of even no. dt 28.04.07.

(ii) Yr. Letter No. 6172.dt. 17.05.07.

Apropos reference, it is rather dismayed to note

that the clarification about the application of rates

prescribed in Dte. Letter no. 113-1/2000 - SB. Dt.

12.01.07 for the single handed SPMs who is performing

both the work of clerk and supervision has not been

issued so far.

Further, the rates fixed for the RD PMC work

a decade back needs revision since the norms were

revised. During 1996, the PMC was permitted without

interest after one year. Now PMC is allowed only

after three years with SB interest. Resultantly, the

officials have to work out the IBB for more than three

years which is consuming more time. After

decentralisation of RD at S.O. level, it becomes a

very arduous & risky one.

It is thereafter requested to consider and revise

the honorarium upward at the following rates.

Sub Postmaster - Rs. 5.00 per account

Postal Asst - Rs. 10.00 per account

A line in reply about the action taken is highly

solicited.

Letter No.:P/4-4/Honorarium Dated : 02.01.2008

addressed to the DDG (FS), Department of Posts,

Dak Bhawan, New Delhi - 110001

lllll Enhancement of honorarium for engaging

the officials in departmental examinations - reg.

Ref: This Union letter of even no. dt 30.11.06 &

10.05.07

Anent reference, it is constrained to note that

we did not receive any reply in mitigating this genuine

demand.

The present honorarium of Rs. 25/- per day for

the clerk and Rs 30/- per session to the supervisors

was fixed some decades ago and this is not in

consonance with the present strenuous job carried

out by the officials. It requires revision.

It is requested to expedite consider and accord order

at the earliest.

Department of posts-SBI tie-up helps rural banking expansion

The Union government's aim of extending

banking facilities in the rural hinterland is now being

achieved by the Department of Posts, thanks to its

tie-up with the country's leading banker-State Bank of

India-to provide latter's products and services through

its wide network of post offices spread across the

country.

"As a pilot project, we started in July this year

from villages in five States - Karnataka, Andhra

Pradesh, Tamil Nadu, Maharashtra and Jharkhand -

extending facilities being offered by the state Bank of

India to its customers through our posts offfices.

Various transactions

Any SBI account holder can carry out various

transactions like depositing money or its withdrawal

from our designated post offices," Department of Posts

Secretary IMG Khan told the Hindu.

"Now, we have started these services in

Rajasthan, Madhya Pradesh and Kerala also,

gradually covering all our rural post offices. Smart

cards are being issued to account holders having

all their information and banking details that are

acceptable at our post offices. Our rural post offices

are being electronically connected to nearest SBI

branches, making i t a unique model of rural

banking.

"From simple transactions like depositing and

withdrawing money, the plan is to gradually offer all

the SBI products and services to rural people, including

various types of loans; ATM, debit and credit cards;

and savings products like bonds, recurring and fixed

deposits. Soon, villagers would also be able to deposit

gold to get short-term loans on very marginal rate of

interest," said Mr. Khan.

According to the DoP Secretary, the experiment

has so far been very successful as more and more

villagers are now coming to post offices for their

banking-related work.

In fact, we are now planning to launch a

comprehensive drive to open new accounts in rural

areas and inform people about this unique initiative.

"We have a wide network of over 1.5 lakh post

offices spread across the country, out of which almost

1 lakh post offices are located in rural areas. We are

planning a national rollout of this venture and hope to

offer this service in all our rural post offices within the

next couple of years. Keeping in mind our vast reach,

this venutre will definitely show some interesting

results, besides help Reserve Bank of India in achieving

its goal of offering banking service in rural areas as

well," Mr. Khan added.

(The Hindu : 30-12-07)

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17BHARTIYA POST FEBRUARY, 2008

Gist of discussions in the Standing CommitteeMeeting held on 14.12.2007

The meeting of the Standing Committee of the

JCM of National Council was held today. Secretary

(Personel) presided. On behalf of the Confederation,

Com. S.K. Vyas President and Com. KKN Kutty,

Secretary General attended the meeting. All agenda

items could not be discussed as the meeting had to

be ended at 3.00 P.M. The next meeting will take place

within three months. Decsions taken on each of the

agenda items discussed will be circulated shortly.

The following were the prominent issues that

came up for discussion today :

(a) Bonus : Official side informed that the Cabinet

had excluded the Central Govt. employees from the

purview of the recent amendment to Bonus Act,

whereby the ceiling limit for calculation of bonus had

been raised from Rs. 2500 to Rs. 3500. The Staff Side

reacted sharply to this statement and informed the

Secretary Personnel that they would be left with no

alternative but to withdraw from the discussion forum

and resort to action programmes if the Govt. persists

with its untenable decision. The Secretary (Personnel)

assured the Staff Side that he would convey their

strong resentment over this issue to the Cabinet

Secretary and will convey the Government's position.

The Staff side has decided to meet in the first week of

January, 2008 and consider the outcome of efforts of

the Secretary Personnel in this regard and take

appropriate decision.

(b) Interim Relief and the CPC Report : The Staff

Side SEcretary conveyed in his initial remarks that the

employees are concerned over the delay in the

submission of the report by the 6th CPC due to the various

references being made by the Govt. at the last minute.

He also informed the Secretary Personnel that most of

the Public Sector undertaking employees have been

granted interim relief ranging from Rs. 20000 to Rs.

60000 while the Central Govt. employees are denied

despite specific terms of reference to the 6th CPC. He

urged the Secretary Personnel to appreciate the injustice

caused to the Central Govt. employees in this regard.

(c) Arbitrary reduction of CGHS rates for

hospitralization and pathological tests inrecognized hospitals: The Stand of the Health

Ministry officials was that the rates had been revised

on the basis of the tender and naturally the recognized

hospitals were not entitled to object to it. The Staff

Side pointed out that none of the recognized hospitals

had entered into an MOU with the Govt. on the reduced

rates and the beneficiaries ar denied the treatment in

all places. After some discussions it was decided that

(i) The Health Ministry officials will interact

with the CGE organizations in all Cities and towns

where the scheme is in vogue and report as to which

hospitals are providing treatment on the basis of the

reduced rates and which of them were refusing to take

corrective steps;

(ii) The calendar of such meetings pertaining

to various CGHS centres would be prepared by the

Health Minstry and would be submitted to the

Secretary (Per) within 10 days.

(d) Arbitration awards: It was indicated that

discussions on all items had been completed and the

matter is being considered at the level of the Cabinet

Secretary as to the next course of action.

(e) New Pension scheme : Both the Sides

reiterated their position. The denial of family pension

and other retirement benefits in respect of the

employees recruited after 1.4.2004 and the remedial

actions were stated to be under consideration of the

Govt. In respect of those employees who were given

the temporary status prior to 1.4.2004 and in whose

cases, 50% of the services rendered as casual/

contingent/daily rated workers are to be counted for

the purpose of pension, the Secretary Pension informed

the staff side that the question of treating them as having

been recruited prior to 1.4.2004 would be considered.

(f) Compassionate appointments: The Official

side has gone back on their earlier assurance and

has now stated that no further relaxation would be

available in this regard further to what had been already

announced. The Staff side contested the position taken

by the Department of Personnel in the matter and

reminded them of the promise held by the Cabinet

Secretary when the issue was discussed with him as

part of the strike charter. The continuing discrimination

in the matter of compassionate appointment between

the employees of the Railways and other Central Govt.

employees was also brought home. After discussion,

it was decided that the Joint Secretary (E) in the

Department of Personnel will discuss the issue once

again with the staff Side to prepare a note to the Cabinet

Secretary incorporating the views of the staff side

properly for his reconsideration.

(g) At the end of the meeting Staff Side Secretary

enquired whether there was any proposal to raise the

retirement age from 60 to 62 to which the Secretary

Personnel clarified that to the best of his knowledge

and information that neither the Department of Personnel

nor the Finance has officially mooted any such proposal.

(Confederation Circular Dated : 14.12.07)

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18BHARTIYA POST FEBRUARY, 2008

The following issues concerning Pensioners

were discussed on 11.12.2007 with the Director

Department of Pension. The gist of these discussions

is given against each item:-

I. Exgratia payment to SRPF retirees who

retired voluntary or on medical invalidation .

The department of Expenditure has advised that

the matter may be referred to VI CPC .The Staff Side

pointed out that there is decision of CAT which had

been sent to Deptt. of Pension and JS(Per) as per

decision in the last meeting and wanted to know

whether the staff side decision was considered. The

official side agreed to reconsider the matter.

This issue of grant of exgratia to widow of SRPF

retirees sanctioned after VI CPC has not been

sanctioned to widows whose husband had voluntary

retired or were Medically invalidated. The Director

said that it would be looked into.

II. Commutation of Pension to those who arefacing disciplinary proceedings under Rule 9 of

CCS(Pension) Rules.Rule 4 of CCS (Commutation of Pension)

Rules,81 provides that a retired employee against

whom proceedings under Rule 9 of the pension rule is

pending shall not be eligible to commute 40% of

Pension. Present provision is too harsh because if

these proceedings are decided to say after long time,

and then communication is allowed, its restoration is

also deferred beyond an age by which the pensioner

may not even survive. The Staff Side proposed that

this provision may be amended and such employee

made eligible to commute 40% of provisional pension.

In case a penalty of cut in pension is imposed, the

commuted value to the extent of cut may be adjusted

in lumpsum from the withheld amount of DCRG. After

discussion the official side indicated that a revised

proposal would be finalized in a month's time which

could then be discussed.

III. Family pension to family of kidnappedGovt. servant.

The Staff Side proposed that family pension may

be granted after obtaining an indemnity bond for refund/

adjustment if the kidnapped Govt. servant is brough

back and joins service. If this is not done the family is

left without any means to live. Once a FIR has been

filed and the police fails to trace him, family pension

may be granted by the Head of the Deptt. instead of

referring each case to Deptt. of pension/Deptt.of

Expenditure. The Staff Side agreed to consider the

above subject.

IV. Anomaly in Revision of Pension.

News from Confederation

DRAFT MINUTES ON MEETING WITH AS(P) HELD ON 11.12.2007There are Govt. employees who are drawing

higher amount of pension but in lower pre revised pay

scales than others who are in higher pre revised scales

but were drawing lower pension as on 1.1.96

In respect of pre 1996 retirees it was provided

that pension fixed as per the fitment formula will be

hiked to 50% of the revised pay scales. Obviously the

pension of an employee who was fixed at lower pension

starts getting higher pension being 50% of revised pay

scales where as the other employee getting higher

pension in lower pay scale start getting 50% of the

revised (lower) pay scale which is lower than the

former.

V. Extension of benefit of upgraded pay scales

in organized Accounts & Audit cadres to pre 1986retirees.

All pre 1986 retires have first been fixed

notionally in the revised pay scales as on 1.1.86. Their

notional pension determined on the basis of said

notional pay has been revised according to the fitment

formula as on 1.1.96. Thereafter the pay scales of

Accounts and Audit cadres have been upgraded with

effect from 1.1.96 and post 1996 retirees have been

granted the revised pension on the basis of their

notional pay. It was therefore demanded by the staff

Side that pre 1996 retirees including pre 1986 retirees

of the Account & audit cadres may also be extended

the benifit of upgraded pay notionally including hiking

their revised pension to 50% of minimum of the revised

pay scales.

The official Side cited O.M.No 38/36.03

P&PW(P)Pt. dated 5.9.2007 according to which the

benefit has been withdrawn to pensioners who retired

during the period from 1.1.96 to 18.2.2003 in

pursuance of Supreme Court judgment dated

23.11.2006 in Sh. K.S Krishna Murthy & others Vs.

UOI in CA No.3174/2006.

The staff side pointed out that the said

judgment had only upheld that the revision of pay on

1.1.96 would be in the corresponding revised pay scale

and not the upgraded pay scale of the post. Hence

this judgment was not to be made applicable to

Accounts & Audit Cadres whose corresponding

pay scale was revised and upgraded notionally from

1.1.96 and actually from 19.2.2003.

Further Staff side also pointed out

provisions of Rule 70 of CCS(Pension) Rules according

to which the pension already fixed on the basis of

notional pay in upgraded pay scales of the Account &

audit cadres in respect of retired between 1.1.96 to

18.2.2003.

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19BHARTIYA POST FEBRUARY, 2008

The Staff Side requested that the issue

raised by them may be reconsidered in the light of the

aforementioned submissions.

VI. New Pension Scheme.

Since this matter is still being discussed in the

Standing Committee and the Department of Economic

Affairs have given certain clarifications, it was not discussed.

VII. Raising quantum of Exgratia to SRPF

retirees.

The Staff Side pointed out that revised orders

raising quantum of Exgratia to SRPF retirees have

been issued only by Railway Ministry. Similar order

may also issued by the Department of Pension in

respect of CPF retirees of other Establishment. The

Official Side indicated that the matter is under

consideration.

VIII. Payment of DCRG to pre 1986 retireestaking D.A. into Account.

Supreme Court have decided the matter in favour

of the Government. Copy of orders issued by the

Department of Pension shall be furnished to the staff

Side.

IX. Grant family pension to Smt. N. Lalitha, W/o

G. Natarajan of ordnance Factory, AvadiThe Official Side stated that at the time Shri.

Natarajan had been absorbed in the Ordnance Factory,

Avadi ( a Corporation) he was not confirmed and as

per extant rules no prorate pension was admissible to

him or his wife. The Staff Side pointed out that Shri.

Natarajan was Quasi permanent when he was

absorbed and therefore carried all attributes of

permanency. This case should be considered. The

Official Side agreed to look into.

X. Grant of 50% minimum pension of revisedpay scale of the post.

The Official Side gave the order of the Supreme

Court as also copy of the order issued by the Deptt. of

Pension. The item was closed.

XI. Revision of family pension in respect of

spouses of persons retired on compulsoryretirement.

Clarificatory order issued on 25.3.2004

(F.No.45/86/97 P&PW(A) pt.V) was furnished to Staff

Side. The matter was closed.

XII. Recovery of Fixed Medical Allowance fromTelecom retirees of Raipur.

The telecom retirees of Raipur were granted fixed

Medical allowance of Rs.100 / p.m. for 29 months after

obtaining from them option etc. Later on it was decided

that they should get their treatment in the postal

dispensary after paying the contribution of Rs,2900/-

paid to them and it was also recovered from them.

This was illegal recovery on because of the department

sanctioned this allowance to them and during that

period they had not obtained any OPD treatment from

Postal Dispensary.

The Official Side agreed to refer this case

( Staff Side letter dated 25.8,2003) to the Deptt. of

Telecommunications.

XIII. Anomaly in the Pension of BSNL

employees who retired during the period1.10.2000 to 31.8.2001.

The Staff Side had suggested that the anomaly

in question should be removed in the same way as

was done in the case of Govt. employees retiring during

the period 1.1.96 to 30.9.96. The Department of

Telecommunication had already furnished two cases

of anomaly to Deptt. of pension through the file No.40-

3/2004(Pen -B) and as such this matter was pending

with Deptt. of pension(Staff Side letter dated … )

again to Deptt. of Telecommunications.

XIV. Inclusion of Non Practicing Allowance in

emoluments of Railway Medical Officers forrevising their pension w.e.f. 1.1.96.

The Official Side pointed out that Supreme Court

in another case of Defence Doctors have upheld the

order not to allow NPA in their emoluments for purpose

of fixing revised pension w.e.f.1.1.96.

The Staff side pointed out that in earlier case

filed by Railway Medical Officers (Retd) the above order

was set aside. A Railway Doctor who had intervened

in this case was allowed the benefit of judgment of

Delhi High Court and therefore this benefit may also

extended to Railway Doctors of Jaipur who had also

intervened in this case. The Official Side stated that

there was no record to show that they had intervened.

The Staff Side stated that the necessary

documents showing that the Railway Doctors of Jaipur

had intervened would be furnished. The Official Side

agreed to reconsider the matter in the light of the record

and keeping in view the latest judgement of the

Supreme Court.

XV. Representation to NCCP on SCOVA.

Request was made on 29.5.2002 by the Staff

Side, Secretary/Chairman NCCP that its representation

may also be nominated on SCOVA as they represent

pensioners at National level through its State

Coordination Committees. Shri R.K. Chandra the then

Additional Secretary (Pension) in his D.O. letter No.

41/5/2002-P&PW(G) dated 14.6.2002 stated that this

proposal would be considered in 2003 when SCOVA

were not in favour of expanding SCOVA.

The Staff Side pointed out that the manner in

which SCOVA is constituted is quite defective as it

did not take into account the representative character

of the Pensioners Organizations.

The Official Side stated that they have now with

them in the membership strength of various pensioners

Page 20: bhartiya post feb 2008

20BHARTIYA POST FEBRUARY, 2008

organizations and they would nominate SCOVA

member keeping in view of their membership strength.

They agreed to nominate NCCP representatives when

new SCOVA constituted after 31.3.2008.

The Staff Side also pointed out that no meeting

of SCOVA constituted in October,2001 and again in

2003/2005 etc. including the extend terms up to

31.3.2008 had at all been held. The Official Side

assured that meeting of SCOVA would be soon held.

XVI. Fixed Medical Allowance to Pensioners of

Coffee Board.

The Official Side informed that this matter is

subjudice and therefore decision will be taken only

after the issue decided by the court.

XVII. Fresh option for pension to Non-Statutory

canteen employees.

The matter is still in the Courts. Hence the

decision by the Court would be awaited.

XVIII. Action Taken Statements.The Staff Side pointed out that Action taken

statement have not been circulated in respect of minutes

of any of the previous meeting with the result that further

decision on the issues discused in those meeting have

not been held. In the previous meeting a statement

showing the date of meeting, letter forwarding minutes

of meeting was furnished in respect of which Action

taken Statement in respect of these meeting.

Even for the last meeting held on 22.11.2006

no Action taken Statement has been furnished though

issue have been discussed again in the basis of verbal

intimation of the status given in the meeting

The official side agreed to hold next meeting

within next three moths after circulating the action Taken

Statement in respect of previous and this meeting.

XIX. Supply of copies of orders on pension to

Staff Side members

The Official Side reiterated that now they would

furnish copies of all orders issued by Deptt. to all

Staff Side members of National council and also to

Secretary, .Staff Side National council.

XX. Response letters from Staff Side Members.

The Staff side pointed out that no reply is given to

letters sent by them and therefore in every meeting these

letters have to be discussed. In most cases it is reported

that the letters sent by them are missing. In several cases

photo copies of those letters are again furnished.

The official Side indicated that the letters

sent by Staff side would be promptly responded to in

future and future discussion thereon may take place

in next meeting.

Unsafe Savings : Rs. 153 cr vanishes from post officesFor tens of thousands of Indians who've squirrelled

away their life's savings in neighbourhood post offices,

reassured that it's safe, here's some shocking news.

TOI has learnt that the post office savings bin is

leaking. In three years Indians across the country have

lost a mind-boggling Rs

153,22,06,773.25. That's over Rs

153 crore. In most cases the

fraud appears to have been

perpetrated by agents acting

hand-in-glove with PO officials.

The agents take money from

would-be depositers and

channel it elsewhere. They then

obtain fake receipts from the

officials and give them to the

unsuspecting depositors.

A Union post and telecom ministry document in

the possession of TOI shows that leading the pack of

corrupt post offices in the states are the ones in West

Bengal with Rs. 97 crore of lost public money, followed

by UP (Rs 18 crore) and Bihar (Rs. 10 crore).

The scam came to light when Avinash Rai

Khanna, MP from Hoshiarpur, put in a question in

Parliment regarding money lost from Punjab's post

offices. Subsequent inquiries by TOI revealed that 3,188

cases had been registered against varius POs and 5,346

officials of the department had already been found guilty

of financial bungling.

A crime of such enormous proportions couldn't have

happened without the complicity of senior post office officials.

ML Kalia, Director, Punjab circle, conceded as much. "We

have been getting such complaints

from various districts," he said. "We

have adopted ways to stem the rot

and are helping police investigate

such cases. Besides, teams of

officials from our department

conduct surprise raids to nail such

fraudsters."

A senior functionary in the

office of chief post master general,

Haryana, said,"Most of this (the

fraud) happens at the hands of agents who are not

confirmed employees. The state government keeps them

mainly to increase savings so that it can ask for large

loans from the Central government on low interest rates."

Post offices are now doing their bit to tackle the

situation. Any case that involves funds of more than Rs.

4,000 is handed over to the police. Frauds of Rs. 1 lakh

and above are investigated by a director-level oficial in

the department. "The big cases," said the Haryana official,

"go to the CBI".

(Sunday Times : Delhi-30.12.07)

WORST CASESWORST CASESWORST CASESWORST CASESWORST CASESState No.of Missing Guilty

Cases Amount Persons

W.Bengal 99 97 Cr. 132

UP 254 18 Cr. 659

Bihar 34 10 Cr. 677

Karnatka 500 3 Cr. 517

Andhra 332 3 Cr. 552

Delhi 21 2 Cr. 135

Page 21: bhartiya post feb 2008

21BHARTIYA POST FEBRUARY, 2008

The 26th All India Conference of the All IndiaPostal Administrative Offices Employees Union -Group C and D was held in Thiruvanantha Puram(Kerala) from 18.12.07 to 20.12.07. Com. G.Sudhakaran, Honble Minister of Co-operation andDevaswom, Government of Kerala inaugurated theConference. Doctor K.N.Girilal, Member, Kerala StatePlanning Board and Faculty, Centre for DevelopmentStudies presented the key note address on 'ServiceSector in the Era of globalization'. The AIC wasaddressed by Comrades K.Rajendran [GS Federationof State Govt. Employees and TeachersOrganisations]; C.C.Pillai [Working PresidentConfederation]; K.Ragavendran [SG NFPE];K.V.Sridharan [GS P3]; P.Rajanayagam [GS PostalAccounts]; K.Mohanan [C/S BSNLEU];S.P.Mukherjee [GS Admn Union] and M.Krishnan [AllIndia President of P3 and General Convener ReceptionCommittee]. A captivating cultural dance programmeby the girls of an Orphanage Home was alsoorganised at the close of the inaugural session.

The Conference unanimously elected a list ofOffice Bearers headed by comrades T.Ramesh [AllIndia President]; S.P.Mukherjee [General Secretary]and Maya Ram [Finance Secretary].

The Reception Committee with Comrade JayanBabu the Honourable Mayor of ThiruvananthapuramCorporation as the Chairman and ComradeM.Krishnan the All India President of P3 CHQ asGeneral Convener has made nice arrangements forthe successful holding of the AIC.

26TH AIC OF ADMINISTRATIVE UNIONNEWLY ELECTED CHQ OFFICE BEARERS

OF AIPAOEU GROUP C & D IN THE 26TH AIC AT

THIRUVANANTHAPURAM

President : Com. T.Ramesh - Andhra

Vice President : 1.Com. D.Mukherjee - W e s t

Bengal

2.Com. M.Z.Khan -Jharkhand

General Secretary : Com. S.P.Mukherjee - West

Bengal

Asst.Gen.Secretary : 1Com. Pranab Bhattacharjee

- West Bengal

2.Com. S.C.John - Gujarat

3.Com. M.Jagadeesh -

Karnataka

4.Com. Bhag Singh - Punjab

Finance Secretary : Com. Maya Ram - Haryana

Organising Secretary: 1.Com. K.Ramachandram -

Andhra

2.Com. R.Aravindan -

Tamilnadu

3.Com. M.U.Khan -

Madhyapradesh

4.Com. B.C.Deka - Assam

5.Com. P.Satheesh Kumar -

Kerala

6.Com. S.S.Samanta - Orissa

Our heartiest congratulations to the newly

elected office bearers of P3 unions.

BONUS ON POST OFFICE SAVINGSThe Government on Friday restored bonus

on the once-popular Monthly Investment Scheme

(MIS) of post office and extended income tax rebate

on two other small savings schemes. While in the

past it paid a bonus of 10 per cent on maturity, it

would now offer only 5 per cent on the maturity of

MIS, applicable to new accounts from tomorrow. A

Finance Ministry statement said income tax rebate

would be extended to investments under Senior

Citizens Savings Scheme, Five - Year Office Time

Deposits.

Hindu : 7.12.07

TARAPADA BHAWANAny visiting comrades who desire to stay at

union rest room at Tarapada Bhawan may apply in

advance through Division/Circle Secretaries to CHQ

and avail the benefits.

Sunday Time : 30.12.07

Page 22: bhartiya post feb 2008

22BHARTIYA POST FEBRUARY, 2008

The Widow of a deceased GDS official namelySri Ram Murti has recorded a great victory in the Courtof law, which has a significant, and far reaching positiveimpact on the question of payment of Gratuity to theentirety of Gramin Dak Sevaks in the Department ofPosts. It is more or less identical to 1977 Rajammascase as if the ED employees are holders of civil post.

On the death of her husband who was workingas a GDS in Hoshiarpur Division in Punjab Circle,Smt.Sham Dulari filed a case before the ControllingAuthority appointed under the Payment of Gratuity Act,1972 claimed a sum of Rs.57,692/- as gratuity for theperiod of service rendered by her husband (18 years 9months and 25 days), which was far greater than theamount being paid to the GDS by the Department ofPosts at present under the Gramin Dak Sewak(Conduct and Employment) Rules, 2001.

The Department negated the claim that theGDS are covered by the EDA Rules 1964, which arenow known as Gramin Dak Sewak (Conduct andEmployment) Rules, 2001 that regulate the paymentof gratuity to them and, the Gratuity Act 1972 wouldnot be applicable to them. Under the above Rules theretired GDS official has already been paid the gratuityamounting to Rs.16,520/- and as such no furthergratuity is payable as the provisions of the GratuityAct which do not apply to the instant case.

The Controlling Authority cum Asst. Labourcommissioner (C) Chandigarh rejected the argumentof the Department of Posts and ordered payment ofanother Rs.12,286/- with interest @ 10% w.e.f.25.12.2001to the widow over and above the gratuityamount paid to her by the Department of Posts.

The Department of Posts appealed against theorder to the Appellate Authority of Gratuity Act. TheAppellate Authority cum Regional Labourcommissioner also held and confirmed the decisionof the earlier orders with the following:

OrderIn view of the above findings, this Appellate Authorityafter affording the opportunities to the parties herebyconfirmed the decision dated 21.8.2003 of the ld.Controlling Authority-cum-Asstt. LabourCommissioner (C) Chandigarh."

Mr M.S.Guglani, learned counsel for thepetitioner has submitted that an employee has beendefined in Section 2(e) of the Gratuity Act and it doesnot cover any such person who is governed by someother rules of the department. According to the learnedcounsel, the EDA Rules 1964 which are now known

A Historical, Landmark Judgment

GDS are covered under Gratuity ACT, 1972

as Gramin Dak Sewak (Conduct and Employment)Rules, 2001 regulate the payment of gratuity to theworkman and, the Gratuity Act would not beapplicable. Accordingly, gratuity has to be paid to themin accordance with the EDA Rules. Therefore, the viewtaken by the Controlling Authority or the AppellateAuthority accepting the workman respondent as anemployee under the Act is absolutely incorrect.Learned counsel has further submitted that under theEDA Rules, the workman respondent has already beenpaid the gratuity amounting to Rs.16,520/- and nofurther gratuity is payable as the provisions of theGratuity Act do not apply to the instant case.

We have thoughtfully considered thesubmissions made by learned counsel for thepetitioner- department and regret our inability to acceptthe same because the definition of expression'employee' in Section 2 (e) has to be read with Section5 and 14 of the Gratuity Act. The aforementionedprovisions of Section 2 (e), 5 and 14 are extractedbelow for faclity of reference: -"2 Definitions.- In this Act unless the context otherwiserequires, (e) "employee" means any person (otherthan an apprentice) employed on wages, (* * *) in anyestablishment, factory, mine, oilfield, plantation, port,railway, company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technicalor clerical work, whether the terms of such employmentare express or implied, (and whether or not such personis employed in a managerial or administrative capacity,but does not include any such person who holds apost under the Central Government or a StateGovernment and is governed by any other Act or byany rules providing for payment of gratuity.5. Power to exempt.- [(1)] The appropriateGovernment may, by notification, and subject to suchconditions as may, be specified in the notification,exempt any establishment, factory, mine, oilfield,plantation, port, railway company or shop to whichthis Act applies from the operation of the provisions ofthis Act if, in the opinion of the appropriate Government,the employees in such establishment, factory, mine,oilfield, plantation, port, railway company or shop arein receipt of gratuity or pensionary benefits not lessfavourable than the benefits conferred under this Act.](2) The appropriate Government may, by notificationand subject to such conditions as may be specified inthe notification, exempt any employee or class ofemployees employed in any establishment, factory,mine, oilfield, plantation, port, railway company or shop

Page 23: bhartiya post feb 2008

23BHARTIYA POST FEBRUARY, 2008

to which this Act applies from the operation of theprovisions of this Act, if, in the opinion of the appropriateGovernment, such employee or class of employees arein receipt of gratuity or pensionary benefits nor lessfavourable than the benefits conferred under this Act.][(3) A notification issued under sub section (1) orsub section (2) may be issued retrospectively a datenot earlier than the date of commencement of thisAct, but no such notification shall be issued so as toprejudicially affect the interest of any person.]14. Act to override other enactments, etc.- Theprovisions of this Act or any rule made thereunder shallhave effect notwithstanding anything inconsistenttherewith contained in any enactment other than thisAct or in any instrument or contract having effect byvirtue of any enactment other than this Act."

According to the definition of expressionemployee, any person who is employed on wages inany establishment, factory, mine etc., who may beperforming the duty of a skilled, semi-skilled, orunskilled, supervisory, technical or duties of clericalnature, has been included in the expression'employee'. However, the expression 'employee' is notto /include a person who holds a post under the CentralGovernment or State Government and is governed byany other Act or by any Rules providing for paymentof gratuity. The respondent- workman is not governedby Central Civl Services (Classification, Control andAppeal) Rules, 1965, as has been expressly held byHon'ble Supreme Court in para 3 of the judgment inKameshwar Parshad's case (supra). It has further beenheld that the Extra Departmental Agent are entitled tothe protection of Article 311 (2) of the Constitutionand they are governed by separate set of Rules,namely, the EDA Rules. Therefore, it does not followthat the Extra Departmental Agent hold a post underthe Central Government for the purposes of pensionand gratuity. In other words, within the meaning ofSection 2 (e) of the Gratuity Act, the respondent-workman cannot held to have held a post under theCentral Government for the purposes of pension andgratuity. Para 3 and 4of the judgment is extractedbelow for the facility of reference:"3. The Extra Departmental Agents are governmentservants holding a civil post and are entitled to theprotection of Article 311(2) of the Constitution (See:Supdt. of Post Offices v. P.K. Rajamma).They aregoverned by separate set of rules, viz., the Posts andTelegraphs Extra Departmental Agents (Conduct andService) Rules, 1964 (hereinafter referred to as "theRules").The Central Civil Services (Classification,Control and Appeal) Rules are not applicable to thiscategory of employees in view of the notification dated28.1.1957 issued by the Government of India underRule 3 (3) of the said Rules.

4. In Rule 4 of the Rules it is provided that theemployees shall not be entitled to any pension. . Rule5 relates to leave. Rule 6 deals with the termination ofservices. Rule 7 prescribes nature of penalties thatcan be imposed. Rule 8 prescribes the procedure forimposing a penalty. Rule 8-A specifies the cases inwhich the provisions of Rule 8 would not be applicable."

We are further of the view that the scheme ofthe Gratuity Act indicates that it is not applicable tocases where any other rule or statute is more beneficialthan the Gratuity Act. For the aforementionedproposition, reliance may be placed on a judgment ofthe Supreme Court in the case of E.I.D. Parry (I)Limited v. G. Onkar Murthy, (2001) 4 SCC 68. Theconverse would also be true that in cases where theGratuity Act is more beneficial than the Rules,Regulations or any statute then the Gratuity Act wouldapply. It is evident that Section 5 of the Gratuity Actexpressly requires an order of exemption in favour ofany organistion exempting it from the operation of theGratuity Act in respect of any establishment etc. towhich this Act applies. Section 5 further lays downthat the declaration is given in cases where the gratuityor pensionary benefits are not less favourable thenthe benefits conferred under this Act. A perusal ofSection 14 makes it obvious that the provisions of theAct and the Rules framed there under ought to havethe effect notwithstanding anything inconsistenttherewith contained in any enactment other than thisAct. This non-obstante clause also excludes theapplication of any other rules. The aforementioned viewis fully supported by a judgment of the Supreme Courtin the case of Municipal Corporation of Delhi v. DharamParkash Sharma and other, (1998) 7 SCC 221. Theshort question which was considered by their lordshipswas, whether an employee of the MunicipalCorporation, Delhi was entitled to payment of gratuityunder the Gratuity Act when the Corporation itself hadadopted the provisions of Central Civil Service (Pension)Rules, 1972, which provide both for payment of pensionas well as of gratuity. The Hon'ble Supreme Court rejectedthe argument of the Corporation, namely, that when theCentral Civil Service (Pension) Rules, 1972, provide apackage by itself, which has been applied to theemployees of the Corporation then the provisions ofGratuity Act were not applicable and held as under: -

"We have examined carefully the provisions ofthe Pension Rules as well as the provisions of thePayment of Gratuity Act. The Payment of GratuityAct being a special provision for payment of gratuity,unless there is any provision therein which excludesits applicability to an employee who is otherwisegoverned by the provisions of the Pension Rules, it isnot possible for us to hold that the respondent is notentitled to the gratuity under the Payment of Gratuity

Page 24: bhartiya post feb 2008

24BHARTIYA POST FEBRUARY, 2008

Act. The only provision which was pointed out is thedefinition of "employee" in Section 2(e) which excludesthe employees of the Central Government and StateGovernments receiving pension and gratuity under thePension Rules but not an employee of the MCD. TheMCD employee, therefore, would be entitled to thepayment of gratuity provided for under the Payment ofGratuity Act. The mere fact that the gratuity is providedfor under the Pension Rules will not disentitle him toget the payment of gratuity under the Payment ofGratuity Act. In view of the overriding provisionscontained in Section 14 of the Payment of GratuityAct, the provision for gratuity under the Pension Ruleswill have no effect. Possibly for this reason, Section 5of the Payment of Gratuity Act has conferred authorityon the appropriate Government to exempt anyestablishment from the operation of the provisions ofthe Act, if in its opinion the employees of suchestablishment are in receipt of gratuity or pensionarybenefits not less favourable than the benefits conferredunder this Act. Admittedly, MCD has not taken anysteps to invoke the power of the Central Governmentunder Section 5 of the Payment of Gratuity Act. In theaforesaid premises, we are of the considered opinionthat the employees of the MCD would be entitled tothe payment of gratuity under the Payment of GratuityAct notwithstanding the fact that the provisions of thePension Rules have been made applicable to them forthe purpose of determining the pension. Needless tomention that the employees cannot claim gratuityavailable under the Pension Rules."

The aforementioned observation in fact squarely

apply to the facts of the present case. There is no

declaration under Section 5 exempting the application

of the Gratuity Act to Extra Departmental Agents.

Moreover, the EDA Rules, are not more beneficial than

the benefits which are available to the respondent-

workman under the Gratuity Act. Such a declaration

could not have been given by the competent authority

exempting the Extra Departmental Agents from the

operation of the provisions of the Gratuity Act.

Therefore, on principle as well as on precedents, we

have reached the conclusion that the view taken by

the Controlling Authority as well as Appellate Authority

are not open to any attack in law and it does not furnish

any opportunity to interfere with the same. Therefore,

we are inclined to uphold the order dated August 21,

2003 (P-3) passed by the Controlling Authority and

the order dated January 5, 2006 (P-6) passed by the

Appellate Authority.

The argument of the learned counsel that the

respondent workman is not covered by the definition

of expression 'employee' as used in Section 2 (e) of

the Gratuity Act does not require any detailed

consideration because of the view expressed by the

Hon'ble Supreme court in Dharam Parkash Sharma's

case (supra). In that case also Central Civil Service

(Pension) Rules, 1972 were adopted by the Municipal

Corporation, yet the Hon'ble Supreme Court held that

the Gratuity Act would apply in view of Section 5 read

with Section 14 of the Gratuity Act. Therefore, we have

no hesitation in rejecting the argument raised on behalf

of the petitioner- department.

For the reasons aforementioned, this petition

fails and the same is dismissed.

Accordingly, we direct that the respondent-

workman be paid her dues within a period of one month

from today, failing which the annum from the date, the

amount became due till the date of actual payment.

The office is directed to send a copy of 'this

order to the respondent- workman for information and

further necessary action.

The Department subsequently went on SLP in

the Supreme Court as usual. The Honorable Supreme

Court also dismissed the SLP on 7.12.2007.

Therefore the Government now has no other

alternate except to pay the gratuity to the widow of

the deceased GDS as per the Gratuity Act, 1972,

which states that Gratuity is a lump sum payment

made by the employer as a mark of recognition of the

service rendered by the employee when he retires or

leaves service. According to this Act the Gratuity is

payable @ 15 days wages for every year of completed

service or part thereof in excess of six months. In case

of seasonal establishment, gratuity is payable @ 7

days wages for each season. Wages will include basic

and D.A. The daily wages in respect of piece rated

employees are to be computed on the average of the

total wages received by an employee for a period of

three months. The maximum amount of Gratuity

payable is Rs. 3.5 lakhs.

This is a landmark Judgment and the three

lakhs of Gramin Dak Sevaks stand benefited

immensely.

The NFPE has immediately taken it up with

the Government of India by writing to the Honourable

Prime Minister of India for immediate extension of the

benefit of the Judgment to all Gramin Dak Sevaks

without any delay by making necessary changes in

the Rules, since the retiring GDS every day shall not

be losing the benefit. Similarly, it is hold that the GDS

Union (CHQ) has spent to money engage lawyer to

defend the case in supreme Court. Our hearty

congratulations.

Let us sincerely ensure all efforts to make the judgment

applicable to all the GDS officials. G/S

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25BHARTIYA POST FEBRUARY, 2008

AN INTERACTION WITH SYSTEM ADMINISTRATORS

A meeting of Postal System Adminisrators

organised by the Chennai City North Division System

Managers on 22.12.2007 was addressed by

Comrades K. Ragavendran [SG NFPE]; K. V.

Sridharan [GS P3]; Santosh Kumar [C/S Postal

Accounts]; P/ Mohan [D/S P3 Chennai North]; and

S. Ragupathy [Former D/S P3 Chennai North]. Com.

J. Srivenkatesh Circle Vice President P3 chaired the

meeting.

A detailed memorandum on many problems

faced by them including the basic issue of higher

pay scales handed over to the leaders after the same

was explained by Comrades Dinesh and Senthil

Kumar. System Administrators from several divisions

of Tamilnadu interacted with the leaders on many

issues connected to their problems.

The following issues were focussed and

discussed at length in the meeting.

1. Maintenance of a selection panel list at regional

level for System Managers and the whimsical

approach of officers either to add or delete should

be thwarted.

2. Augmenting more System Managers by fixing

suitable work norms based on the number of

systems handled.

3. Payment of Road Mileage Allowance without any

mileage restriction. Actual fuel expenses on

conveyance should be reimbursed while deputing

to other stations for attending fault.

4. Uniformity in payment of mobile phone recharge bills.

A minimum of Rs. 500/- talk value should be ensured.

5. Treating the System Manger as equal to field

officer and make it as a promotional cadre for

the postal Assistants. No specific attendance be

fixed and signing attendance at Head Quarters

and attend fault at other thereafter offices should

not be insisted.

6. Until, it is declared as promotional cadre, a sum

of Rs. 1000/- shall be granted as Spl Allowance/

incentive to Systems Managers.

7. Duties & Responsibilities should be properly

framed and it should be uniform in all Circles.

8. Trainers Allowance should be granted the

Systems Mangers who import training at various

levels.

9. Health insurance scheme to be introduced.

10. Providing Training in Advance Technology to the

Systems Managers.

In nutshell, the systems managers of Tamilnadu Circle

who met on 22.12.07 have given valuable suggestions

about their job and for their better service conditions.

Besides they dealt at length about the problems

confronting on computerisation. The General

Secretary and Secretary General, NFPE also

participated the discussions and interacted and

informed that the problems of Systems Managers has

already been included in the P3 charter of demands.

They have also explained that all efforts were taken

by them effectively in focusing the issues pertaining

to Systems Manager for providing higher pay scale

before the Six Pay Commission. They assured that

they will leave no stone unturned in mitigating the

genuine problems of the Systems Managers who are

part and parcel of P3 and its movement.

The organisers of the meeting Com. Dinesh &

Com. Senthil deserve all appreciations.

WELL DONE CHAUDHARY

The following is the excerpts from the letter

received from Com. A. C. Chaudhary, Divisional

Secretary, Bardoli Division in Gujarat Circle.

"Our Bardoli division has 132 members in

Group 'C ' cadre out of 157 staff. There are 94

subscribers to Bhartiya Post from our division which

the highest of any other division of Gujarat."

We record our sincere appreciation to Com.

Choudhary and his team. Let Bardoli division be an

example for others. I trust he will enhance the 132

members upto 150 in the ensuing verification and

reach 120 subscribers to Bhartiya Post.

Well done Comrade! You deserve all

appreciations.

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Page 26: bhartiya post feb 2008

26BHARTIYA POST FEBRUARY, 2008

l Interest at 8% for 2007-08 for GPF/CPF/New

Pension System.

It is announced for general information that

during the year 2007-2008, accumulations at the credit

of subscribers to the General Provident Fund and other

similar funds shall continue to carry interest at the

rate of 8% (Eight per cent) per annum. This rate will

be in force during the financial year beginning on 1-4-

2007. The funds concerned are :

1. The General Provident Fund (Central Services).

2. The Contributory Provident Fund (India).

3. The All India Services Provident Fund.

4. The State Railway Provident Fund.

5. The General Provident Fund (Defence Services).

6. The Indian Ordance Department Provident Fund.

7. The Indian Ordance Factories Workmen's

Provident Fund.

8. The Indian Naval Dockyard Workmen's Provident

Fund.

9. The Defence Services Officers' Provident Fund.

10. The Armed Forces Personnel Provident Fund.

11. New Pension System (Defined Contribution

Pension Scheme).

2. Ordered that the Resolution be published in

Gazette of India.

G.I.,M.F., Resolution No. F.No. 5(1)-B(PD)2007, dated

17-10-2007

l Rate of interest for purchase ofconveyances during 2007-2008

The undersigned is directed to state that the

rates of interest for advances sanctioned to the

Government servants for purchase of conveyances

during 2007-2008 i.e., from 1st April, 2007 to 31st

March, 2008 will continue to be at the same level as

for 2006-2007, as under :

Rate of interest

per annum

(i) Advance for purchase of Bicycle 5.5%

(ii) Advance for purchase of conveyance 8%

other than motor car (viz. motor cycle,

scotter, etc.)

(iii) Advance for purchase of motor car 11.5%

G.I.,M.F., O.M. No. F.No. 5(2)-B(PD)2007, Dated 17-

10-2007

l Local officiating arrangement in JAO

cadre.The matter regarding simplifying the existing

instructions on making local officiating arrangement

in JAO cadre was under consideration of this office. In

supersession of all the existing instructions, it has

been decided that local officiating arrangements in JAO

GOVERNMENT ORDERScadre may be made in the following order of preference:

1. Against vacancies arising under 90% quota:

a) From amongst JAO Part-II examination

qualified candidates working whether in

O/o DA(P) or in other offices of

Department of Posts in that circle

b) In case, of non-availability of the above

category, from amongst Sr. Accountants

with minimum three years of regular

service in the grade, as per prescribed

procedure.

2. Against vacancies arising under 10% quota:

From amongst Sr. Accountants with 3 years of

regular service in the grade as per prescribed

proceedure.

Above procedure may be adopted while making

such arrangements against reserved vacancies also.

While locally officiating as JAO, both JAO Part-II

examination qualified candidates, as also Sr.

Accountants will be entitled for grade pay subject to

restrictions under FR 35. All other terms and

conditions, restriction and duration of vacancies

against which local officiating arrangements are made,

would continue to apply.

This will take effect from the date of issue of

the orders.

The receipt of this letter may please be

acknowledged.

No.3(3)/99/PA-Admn.I/245 to 288 Dated 07-07-2006

l Treatment of strike period in respect ofGramin Dak Sevaks.

This has reference to D.O. letter No. 8-27/97-

SR (Pt.) dated 23.06.1998 from Member (D) and letter

No.8-1/2001-SR dated 7-2-2001, from Director (SR)

whereby orders were issued that Rule 19 (now rule 23

of the GDS Rules, 2001) may be invoked for GDS

participating in the strike only in cases of incitement,

instances of violence and sabotage etc., on the

analogy of FR 17A for Departmental employees. It was

also mentioned that principle of 'no work no pay' is to

be followed and the strike period cannot be adjusted

by grant of leave. In this connection, it is further being

clarified that although the strike period cannot be

regularized by grant of leave.

It will not attract the following disabilities of any

GDS :-

(i) Unless, it is specifically ordered by the competent

authority after show cause notice on account of

incitement, violence and sobotage, the strike

period would not result in to break in service.

(ii) The strike period would not adversely affect the

counting of service for payment of severance

Page 27: bhartiya post feb 2008

27BHARTIYA POST FEBRUARY, 2008

allowance at the time of discharge from

employment.

(iii) The strike period would not cause any delay for

their absorption against Group 'D' posts which is

done on the seniority basis.

(iv) The strike period would not adversely affect the

eligibility of GDS to take the exam to Group 'C'

Cadre (Postal Assistant/Sorting Assistant).

2. This issues with the approval of competent

authority.

No.22-2/2004-GDS Dated 13.12.2007

l Renewal of licences for use of franking

machines which are more than 10 years old.

Franking machines on completion of 10 years

of life are required to be technically examined by

PMRO at the time of each renewal of licence as per

instructions contained in para 37 of 'The instructions

for licencing and use of franking machines' circulated

vide Dte's letter no. 41-13/95-PO dated 08-04-1996.

Some Circles have pointed out that technical

examination of more than 10 years old franking

machine by PMRO is not possible at the time of

renewal of licence in view of reorganization of PMRO

and entrusting the work of maintaining and operation

of hardware to postal machine assistants redesigned

as postal assistants to examine the electronic franking

machines.

The matter has been examined and it has been

decided to dispense with the requirement of technical

examination of more than 10 years old franking

machines and production of fitness certificate from

PMRO at the time of renewal of licences. However,

DY(PM)/SPM/PRI/PA etc. assigned with the

supervision of such machines may certify that the FM

is in proper working order or replacement of base or

anything else is required. Beside above, procedure

prescribed for renewal of licences will continue to be

followed. This may kindly be brought into the notice of

all concerned for necessary action.

Receipt of this letter may kindly be

acknowledged.

No.9-3/2007-PO Dated 31.12.2007

The CWC Meeting was started just at sharp 11

AM on dated 07-12-2007 at Youth Hostel Gopalpur.

All the CWC members participated and Com.

Sibananda Dash, Asst. Circle Secretary, Com.

Jaydeep Chakraborty Divisional Secretary made nice

arrangements for the accommodation staying of the

comrades there in Youth Hostel & Holiday Home at

Gopalpur. The arrangements of food for the comrades

were marvellous. Our General Secretary attended the

CWC meeting on 8th night and addressed the

deliberation till 4 'O' Clock, late night, discussing all

the problems relating to Group - C employees. The

interactions with the CWC members on various issues

by the General Secretary were quite remarkable.

The open Session of the CWC Meeting was

held at Berahampur HO premises on 09th Dec. 2007.

Com. Alli Pattanaik, sate CPI (M) leader, Sri Ramesh

Ch. Chayu Pattanaik, MLA , Berahampur, Sri A.N.

Nanda IPS, Chief PMG, Com. R.C. Mishra C/S AIPEU

Gr - C com. R.N. Dhal C/S AIRMS EU R-III, Com. D.B.

Mohanty C/S AIPEU postmen & Gr - D attended the

open session and addressed the gathering. Com. K.C.

Patnayak, President of the Circle Union presided over

the meeting. Com. Jaydeep Chakraborty, Secretary

Reception committee gave the vote of thanks.

All the CWC members, divisional secretaries

attended the Open Session and there was gathering

of around three hundred comrades in the above open

session.

-R.C. Mishra, Circle Secretary, Orissa.

ORISSA CWC MEETING

Government today denied that there is any poroposal

to increase the retirement of the Central Government

Employees.

Following is the text of the Press Statement

issued by the Department of Personnel & Training,

Ministry of Personnel, Public Grievances and

Pensions on 01.01.08, to clarify that there is no

proposal before the Government regarding raising the

retirement age of Central Government employees

from 60 years to 62 years :

"Atention of the Government has been drawn to

reports appearing in some sections of the media

regarding raising the retirement age of Central

Government employees from 60 to 62 years. In order

to put at rest all such speculations, it is clarified

that there is no such proposal before the Government.

No increase in Retirement Age -Government

The Bhartia Post providesThe Bhartia Post providesThe Bhartia Post providesThe Bhartia Post providesThe Bhartia Post provides

food for thought.food for thought.food for thought.food for thought.food for thought.

It costs Rs. 5/- only per copy.It costs Rs. 5/- only per copy.It costs Rs. 5/- only per copy.It costs Rs. 5/- only per copy.It costs Rs. 5/- only per copy.

Are you a subscriber to theAre you a subscriber to theAre you a subscriber to theAre you a subscriber to theAre you a subscriber to the

Bhartia Post?Bhartia Post?Bhartia Post?Bhartia Post?Bhartia Post?

Page 28: bhartiya post feb 2008

28BHARTIYA POST FEBRUARY, 2008

LETTERS FROM DEPARTMENT TO CHQu Non drawal of due HRA to the officiatingpostmaster, Bhatinda H.O. in Punjab Circle-caseof Smt. Balwinder Kaur BCR PA.

I am directed to refer to this letter of even numberdated 05.03.2007 on the subject noted above. No replyhas so far been received from your office even afternine months. You are therefore requested to look intothe matter and furnish full facts and details of the caseof this Directorate urgently.Letter No. 4-16/2007-PAP Dated : 14-12-2007addressed to C.P.M.G. Punjab Circle copy to C.H.Q.u Irregular grant of Trade Union facilities toPostal Supervisors Association.

I am directed to enclose a copy of letters No. P/4-11/Trade Union dated 22.11.2007 received from AllIndia Postal Employees Union Group 'C' on the abovementioned subject. It is requested to send a detailedreport in the matter to the Department at the earliest.Letter No. 17-10/2006-SR(ii) Dated : 05-12-2007addressed to C.P.M.G. Punjab Circle copy to C.H.Q.u Treatment of Strike Period

I am directed to refer to your letter No. Ref. P/4-11/Strike Period dated 22.11.2007 on the abovementioned subject. The O.M. No. 41016/I(S)-Estt(B)dated 01.05.1991 is a part of the standing instructionsissued by the Department, to deal with the strikesituation etc. You are requested to advise your CircleUnion to take up the matter with the Circle Office.(Letter No. 17-10/2006-SR(iii) Dated : 05-12-2007addressed to C.H.Q.u Periodical meeting with PMG (FP&Mktg),Mumbai.

I am directed to refer to enclose a copy of letterNo. P/2-13/Maharastra Cle dated 22.11.07 receivedfrom All India Postal Employees Union Group 'C' onthe above mentioned subject. It is requested to senda detailed report in the matter to the Department atthe earliest.Letter No. 17-10/2006-SR(i) Dated : 05-12-2007addressed to C.P.M.G. Maharashtra Circle copy toC.H.Q.u Payment of salaries through Bank - case ofVijayawada Division in A.P. Circle - reg.

I am directed to refer to your letter No. P/2-1/Vijayawada dated 31.10.2007 on the above mentionedsubject.2. The matter has been examined in consultationwith the Circle Office. As reported, instructions regardingpayment of salaries through Bank in Vijaya wadaRegion were made applicable to those who gave theirconsent and furnished the Bank account details.Letter No. 16-100/2007-SR Dated : 17-12-2007

addressed to C.H.Q.u Joint memorandum by Circle Unionsagainst Sri Kushan Vashishat, then, SSPOs,Simla-reg.

This has reference to All India Postal EmployeesUnion Group 'C's letter No. P/2-8/HP Cle dated3.11.2007 on the above mentioned subject, a copy ofwhich is enclosed for taking action, as deemedappropriate.Letter No. 16-103/2007-SR Dated : 17-12-2007addressed to Director (Staff) Directorate copy to C.H.Q.u Alleged atrocities and maladministration ofSSPOs. Meerut Division in UP Circle-reg.

I am directed to enclose a copy of letters No. P/2-20/Meerut dated 28.12.2007 received from theGeneral Secretary, All India Postal Employees UnionGroup 'C', on the above mentioned subject. Veryserious allegations have been levelled in regard to thefunctioning of Shri H.P. Singh, SSPOs Meerut Division.2. It is requested to look into the matter and furnisha detailed report to this office by 11.01.2008 positively.Letter No. 16-117/2007-SR Dated : 03-01-2008addressed to CPMG UP Circle and copy to C.H.Q.u Delay in settlement of assured issues-caseof foreign Post, Kolkata in West Bengal Circle.

I am directed to to refer to your letter No. P/2-22/Kolkata FP dated 21.09.2007 on the abovementioned subject.2. The matter has been examined in consultationwith the Circle Office Compliance report ad-seriatimon the points raised by the Service Association is asunder :i) MDW in respect of Divisional Office was issued

on 12.09.2007.ii) Distribution of LR PA in Operative Section under

Foreign Post, Kolkata has been issued on5.11.2007.

iii) One PA from CED Section and another PA fromFMO Section has been redeployed to ForeignParcel Import Section.

iv) Superintendent, PSD, Kolkata is unable tosupply sufficient number of C-Bags to theForeign Post Office as per their requisition.However, C-Bags so supplied by the PSD,Kolkata are being sent to the operativeSections.

v) The work of publishing the revised GradationList is under process.

vi) Manuals are not available with the PSD, atpresent.

Letter No. 16-86/2007-SR Dated : 02-01-2008addressed to CHQ.