Friday, May 31, 2013

Friday 31 May 2013

Abolition of Posts - Legal Position

As per the orders issued by the Government of India in 2001 for abolishing posts as per screening committee recommendations, only 2/3 direct recruitment vacancies should be abolished. Promotional Posts should not be abolished. Based on this order NFPE Kerala filed a case in CAT Ernakulam against abolishing Postmen & Group ‘D’ posts, as these posts arepromotional posts of GDS employees. Department argued that promotion from GDS to Postman/MTS is direct recruitment and not promotion. But CAT has not accepted Department arguments. CAT, Ernakulam bench delivered a Judgement that promotion from GDS to Postman/MTS is not direct recruitment but promotion. CAT Directed CPMG not to abolish Postman/MTS posts and to fill up all the posts by promoting GDS.

Department went on appeal to High court Kerala. But High Court confirmed CAT order. Accordingly in Kerala circle all the promotional posts of GDS were filled by promoting GDS. Based on the same order now P4 CHQ and GDS (NFPE) have filed a case in Principal CAT and obtained stay order from abolishing Postmen & MTS posts.

Some comrades are asking why abolition of PA/SA posts cannot by stayed. Department is not abolishing the promotional posts in the PA and SA cadre (LGOs vacancies). But they are abolishing direct recruitment vacancies only.

Eranakulam CAT order is not applicapable to Direct recruitment vacancies. It is applicable to promotional vacancies only. In the PA/SA cadre there is no promotional vacancy for GDS in the oustide quota (Direct Recruitment Quota). This is the legal position. There is no chance for getting stay order for PA/SA direct recruitment post as it is not promotional post. This is the legal advice received by us.

NFPE and CHQ has protested against the abolition of Posts, but Department of posts is taking a stand that eventhough they have tried best to get exemption from abolishing direct recruitment posts, the Government of India has not granted any exemption and hence the Direct recruitment vacancies recommended by screening committee up to 2008 have to be abolished. From 2009 onwards there is no abolition of posts and all the vacancies can filled up as per the orders of the Department.

Regarding postmen and MTS abolition, the abolition is stayed on Technical grounds stated above because the CAT Ernakulam has clearly ruled that promotion from GDS to Postman & MTS is not direct recruitment.

This argument cannot be raised in the case of PA/SA direct recruitment vacancies.
CADRE RESTRUCTURING
“JUSTICE DELAYED IS JUSTICE DENIED”

The sixth CPC in para 1.2.13 of its report under the caption “Cadre Review” made the following observations – “Accordingly, as a matter of policy, the commission refrained from undertaking specific cadre reviews, that in any case need to be carried out within an institutional frame work”. Govt. of India has accepted the above recommendations of the Sixth CPC. Subsequently the Govt. has issued detailed instructions to all Ministers and Departments to undertake the process of Cadre Restructuring within their institutional frame work.

Accordingly, Cadre restructuring committees are constituted in most of the departments with the representatives of the staff-side. In Railways, the process is completed and waiting for approval of the Ministry, in Income Tax the proposal is awaiting Cabinet approval, in Central Secretariat orders in respect of certain cadres already issued. In many other small departments also the process is nearing completion.

In the Postal department the cadre restructuring of Group-C, Postmen, Mail Guard and MTS is long overdue. Department and Govt. implemented many cadre restructuring schemes for    Group- A and Group-B cadres. In the Group-C, Postman, Mail Guard & MTS cadre, the supervisory responsibilities are totally undermined after the introduction of TBOP and BCR scheme. The then existing Supervisory structure in each cadre was not properly nurtured and not improved to carry out the higher Supervisory responsibilities in tune with the changing technology. The supervisory posts in certain cadres are totally dismantled. There is absolute justification for restructuring the entire cadres. But the attitude of the Postal Board is totally negative despite several written assurances.

The Staff-side comprising NFPE and FNPO raised the issue of cadre restructuring in the charter of demands for the indefinite strike from 13.07.2010 In the marathon discussion held on 12.07.2010, the Secretary, Posts assured as follows in the minutes – “A committee comprising DDG (Estt.), DDG (P), and Director (SR) and three members of the Staff side, to be nominated by them, will be constituted to examine proposals in detail and submit recommendations. The entire process is to be completed before the close of the year i.e., 31-12-2010”. Again during the strike charter discussion on 01-07-2011, the Secretary, Posts gave the following assurances in the minutes – “The demand of the staff-side regarding cadre restructuring was discussed and the Chairperson agreed to reconstitute the committee under the Chairmanship of DDG(P), the Committee will finalize the proposals before 31-08-2011. Again on 12-01-2012 the Secretary, Posts assured that – “the Staffside expressed their concern about undue delay in finalization of the proposal on which the Chairperson desired finalization of this process by 31st March, 2012. It was assured that timelines would be adhered to”.

As regards restructuring of Postal Accounts it was informed that the proposal was cleared by JS & FA and stands referred to Secretary, Posts. It was also decided to have a separate Committee for MMS staff under the Chairmanship of Ms. Sandhya Rani, PMG(BD), Andhra Circle and with Director (MV) as other official members. The staff side members are also included. The committee was directed to submit its report within three months.

Assurances after assurances are given by none other than Secretary, Posts but nothing materialized. Finally as an insult to injury, the cadre restructuring proposal of Postal Accounts which is already been finalized by the Committee is returned to the PA wing of the Directorate after keeping the file pending for more than one year, stating certain irrelevant issues which has no relevance on the cadre restructuring proposal of Postal Accounts Staff. Similarly, in the status Report on the items included in the memorandum submitted by the Postal JCA on 01-04-2013, it is informed as follows : “DDG(P), Chairman of the Committee informed that he has submitted his report on 06-11-2012 to the DDG (ESTT.). He has been requested to submit full report with enclosures duly signed by the Committee Members….!!!!! Nothing is mentioned about the Postal Accounts wing. Regarding MMS, it is informed that the report is submitted is under process. All the cadres including PA, SA, Postman, Mail Guard, MTS, Admn. Staff, Postal Accounts, MMS, System Administrators, accountants, Postmasters cadre, SBCO etc., are all eagerly waiting for the outcome of the cadre restructuring.

Thus it can be seen that the lethargic and indifferent attitude of the Official side members of the Committee and the unhelpful attitude of the Postal Board is the root cause of the delay.

Even though the new Secretary, Posts after taking over charge has assured that action will be taken for  expediting the finalization of the cadre restructuring proposals, nothing seems to be moving. A situation has arisen wherein the employees can not be allowed to suffer any further. The Postal JCA has viewed the situation with grave concern and shall embark upon serious agitational programmes including non-cooperation, if the authorities till try to drag on the issue on one pretext or other. NFPE Federal Council to be held at Hyderabad from 9thto 12th June 2013 shall also review the entire situation and take appropriate decision for a united action.

Monday, May 27, 2013

Availing of LTC (Leave Travel Concession) in current block year

Everyone knows that all central government employees can avail LTC through their respective department and can use this opportunity for travelling to any part India. This concession can be availed in block years.  A block year consists of four calendar years. As far this block year is concerned, this year 2013 is the last year in this particular block year – i.e. 2010-2013.
 
                Employees can use this opportunity this year itself without waiting for an extension in the next year. In the last couple of years the block years were extended for another one year for the benefit of many of our employees who are not utilizing it properly. In JCM Meetings, Trade unions and Federations are demanding more facilities in LTC like Air Travel from anywhere in India. Now employees can travel to Jammu & Kashmir and North Eastern States by air. The government has informed that only about 20% of the employees are utilizing this concession.
 
                Going for vacation to different places with family and friends gives the entire family, a fresh atmosphere.  Mingling with friends and other people in different places nourishes our thoughts and minds. In foreign countries, going for a vacation is encouraged very much. To conclude, all central government employees should grab this golden opportunity to travel to any part our country and can enjoy their vacation.

Saturday, May 25, 2013

Dear Comrades,

As it was decided in our 1st All India Conference held  in Chennai,the first phase of program on GDS demands is :


28-05-2013

MASS DHARNA 

IN FRONT OF ALL DIVISIONAL OFFICES 

All the CHQ office bearers, Circle Secretaries Divisional Secretaries are requested to mobilize the AIPEU-GDS(NFPE) membership to make the program successfull.

NFPE & affiliated unions are directed their Circle Secretaries, Branch/Divisional secretaries   to extend all support to make the  programme successfull.

To

All Branch/Divisional Secretaries
All Circle Secretaries
All CHQ office bearers

Dear Comrades,

As per the decision of the 1st AIC of the AIPEU-GDS (NFPE) Mass Dharna in front of all Divisional offices will be conducted on 28.05.2013 Tuesday as the first phase of the agitational programme culminating in indefinite strike. NFPE calls upon all Divisional/Circle/All India unions to make it a joint programme of NFPE, extend full support and also to make it a grand success.


(M. Krishnan)
General Secretary, P3
Secretary General, NFPE

CHARTER OF DEMANDS


1.    Departmentalization of Gramin Dak Savaks and all benefits of Departmental employees extended to GDS as recommended by Justice Talwar Committee.
2.    Constitute 7th CPC and refer GDS wage revision also to the consideration of Pay Commission; Merger 50% of DA with TRCA for all purposes.
3.    Restore the historical prorata wage structure of GDS MD and GDS BPM on par with Postman and Sorting Postman pay scales respectively as recommended by the 6th CPC by rectifying the mistakes committed by the Nataraja Murthy Committee.
4.    Withdrew the new GDS (Conduct & Engagement) Rules, 2011 and restore GDS (Conduct & Employment) Rules, 2001.
5.    Ensure minimum statutory monthly pension of Rs.3500/- to GDS and grant other retirement benefits like gratuity etc., based on the formula applicable to departmental employees and under Gratuity Act 1972 besides family pension facility to GDS.
6.    Enhance the bonus quantum ceiling from Rs.2500/- to Rs.3500/- and end the discrimination.
7.    Reduce cash handling norms from Rs.20,000 to 4,000 and also stamp sale norms.
8.    Ensure full protection of existing TRCA when there is fall in the work load. TRCA should not be reduced under any circumstances.
9.    Remove the outside recruitment quota for Postman Recruitment and 100% Postman vacancies be given to GDS.
10.  Remove the 50 points compulsory conditions and provide compassionate appointment for all eligible dependents in the families of deceased GDS.
11.  Introduce a medical reimbursement scheme for GDS.
12.  Grant full trade union facilities including special casual leave and Foreign Service facilities to GDS Union Representatives.
13.  Enhance to 6 months maternity leave to female GDS instead of 3 months and grant child care leave.
14.  Grant full transfer facility to GDS and ensure protection of the existing TRCA on transfer.
15.  Grant revised TRCA slabs up to 125 points to BPMs based on the workload as on 01.01.2006.
16.  Grant three time bound financial up gradations to all GDS on 10th, 20th and 25th year.
17.  Grant all advances to GDS at par with Regular departmental employees.
18.  Stop combination of duties of GDSMD with that of BPM as it will result in restriction of business hours of BO thereby causing loss of revenue.
19.  Enhance age limit for the departmental examination for promotion to the cadre of Postal Assistant from GDS at par with Postman cadre.
20.  Modify date of superannuation of GDS as the last working day of the month.
21.  Remove the ceiling limit of Rs.50 for cash allowance for conveyance of cash from BO to AO and vice versa.
22.  Grant of LTC and home town LTC facilities to GDS.
23.  Remove the discrimination in grant of welfare assistance to GDS in respect of prolonged illness, Book awards, educational assistance etc,.
24.  Provide norms for MNREGS work at per with SB transactions and also cash conveyance from BO to AO and vice versa.
25.  Relax the embargo of fixing of minimum TRCA in respect of new appointees, Minimum should be the entitled TRCA drawn by the earlier incumbent. No fresh statistics need to be compiled.
26.  Fix norms for  all new items of work entrusted to GDS and until then grant enhanced incentives.
27.  Payment of rent for BO to be borne by the department and till that time grant enhancement of Office Maintenance Allowance (OMA) @ Rs.500 per month.
28.  Redeployment of GDS should not be done beyond 5 kms and full protection of TRCA should be given; in case of redeployment from one post to another, eligible women GDS working as GDSMC/MD/Pkr will be given opportunity to the posts of GDS BPM when fallen vacant in the name of transfer.
29.  Prompt issuing of SDBS cards to all GDS employees.
30.  Grant Children Educational Allowance and small family incentive to all GDS.
31.  Fill up all GDS posts in RMS and convert all GDS MM posts as MTS.
32.  Make an early payment of RPLI incentive and remove the minimum condition and the maximum limit in the grant of NREGS incentive. 


Friday, May 17, 2013


ANSWER KEY FOR KERALA PA/SA EXAM  HELD ON 12/05/2013

To view the questions and answers, please CLICK HERE. 

Sunday, May 5, 2013

GRATUITY PAY UNDER NEW PENSION SYSTEM 
                        Death-cum-Retirement Gratuity is paid to Central Government employees under New Pension System (NPS) as it is paid under the old pension scheme. The monthly annuity under the New Pension System (NPS) is only a replacement of pension on retirement and family pension of death after retirement. The benefits of Death cum Retirement Gratuity (DCRG) and pension/family pension have been provisionally allowed,  vide the Office Memorandum of Department of Pension and Pensioners’ Welfare No. 38/41/06-P & PW(A) dated 5.5.2009 in respect of Central Government servants covered under NPS in cases where a Government Servant is retired on invalidation/disability and in the case of death of a Government servant in service on the same rates as are applicable under the old pension scheme Central Civil Service (Pension) Rules, 1972. The retirement gratuity is payable to the retiring Government servant. A minimum of 5 years’ qualifying service and eligibility to receive service gratuity/pension is essential to get this one time lump sum benefit. Retirement gratuity is calculated @ 1/4th of a month’s Basic Pay plus Dearness Allowance drawn before retirement for each completed six monthly period of qualifying service. The maximum retirement gratuity payable is 16½ times the Basic Pay, subject to a maximum of Rs. 10 lakh. If the Government Servant dies while in service, the death gratuity shall be paid to his family at rates furnished in the table below:
Sl. No.
Length of Qualifying Service
Rate of Death Gratuity
1.
Less than one year
2 times of emoluments
2.
One year or more but less than 5 years
6 times of emoluments
3.
5 years or more but less than 20 years
12 times of emoluments
4.
20 years or more
Half of emoluments for every completed six monthly period of qualifying service subject to a maximum of 33 times of emoluments.
                        Maximum amount of Death Gratuity admissible is Rs, 10 lakh with effect from 1.1.2006.
                        This was stated by Minister of State for Finance, Shri Namo Narain Meena, in written reply to a question in the Lok Sabha today.