Thursday, April 19, 2012


GDS SHALL MARCH FORWARD UNDER THE BANNER OF NFPE

NEW UNION HAS BORN. NEW LEADERSHIP IS ELECTED


Dear Comrade,

Formation of AIPEU – GDS (NFPE) Union

Declaration
At the outset, I am meeting all of you through this circular with the happy note and message that ‘Let us unite and fight for the justice and emancipation of GDS’ with the cooperation of all departmental employees without any segregation or individualistic attitude. We further pledge you that the GDS money being collected in the form of Quota/donation shall not be misused for personal gains and shall be utilized only for the right cause particularly for their emancipation.

End of Nero’s regime
All of you are very well aware that there is a serious attack on GDS on every issues and Com. S. S. Mahadevaiah General Secretary has done nothing to the GDS except dividing the departmental and GDS employees by his chauvinist attitude and action. He never bothered on settlement of problems and even did not attend the strike negotiations held in seven rounds during June & July 2011.

Not champion! Only an immatured chauvinist
He had neither taken up the cases in a proper manner nor allows the Federation to take up the genuine cases of GDS. He is truncated with the theory of ‘He is above every one’ and even dare to write the Department that no reference from anyone except him should be entertained. When the P3 CHQ  and NFPE has released a valuable Book of Compilation on GDS called “Crusader to Gramin Dak Sevak”, instead of appreciating the efforts, he raised objections and released another book just copying all the contents including the printing mistakes and omissions from the GDS Crusader released by the P3 CHQ & NFPE. He even published an open letter against NFPE in his journal “Rural Postal Employees’ in May 2011 maligning the NFPE leadership and showing he is the only champion of GDS employees.

NFPE – the sine-quo-non of GDS
Let us have a realistic analysis about the plight of the GDS Employees after the taking over of Com. S. S. Mahadevaiah as the General Secretary of AIPEDEU at Kaiwara (Karnataka) in the first All India Conference of AIPEDEU. Till Kaiwara conference NFPE was conducting so many struggles for the realization of GDs demands and the following demands have been achieved.

Before the taking over of Com. Mahadevaiah

1.      NFPTE raised the demand for departmentalization of GDS in the 1960 & 1968 strikes. The GDS demands were also included in the Charter of demands of 1946 strike by UPTW, the replica of NFPTE.
2.      There were no fixed duty hours or fixed consolidated allowance. NFPTE compelled the Government to fix duty hours and consolidated allowance through continuous struggle.
3.      There was no Dearness Allowance for GDS. Through struggle NFPTE achieved the demand and DA was granted to GDS.
4.      There was no Bonus for GDS. Only because of the strike call given by NFPTE, the Bonus was paid to GDS. Bonus was paid on the same rate as paid to the regular employees.
5.      Com. K. Adinarayana former Secretary General of NFPE gave call for one day strike on 19.09.1984 exclusively for the demands of GDS. Interim relief was granted and DA which was stopped was also restored.
6.      There was no pay scale, leave, increment, gratuity or retirement benefit to the GDS. NFPE took effort to mobilize all 6 lakhs Postal Employees under the banner of Joint Council of Action (JCA) and the historic 4 days strike of December 1993 was conducted. Resultantly, the Government was compelled to appoint a judicial committee headed by a retired Judge of High Court under the Chairmanship of Justice Charanjeet Talwar.
7.      Justice Talwar Committee submitted its report in the year 1997. Government refused to implement the favourable recommendations of the Talwar Committee. NFPE conducted eight (8) days indefinite strike in July 1998 for implementation of Justice Talwar Committee. Again, it gave a call for indefinite strike from Dec 18th 1998.
8.      Finally Government was compelled to announce the GDS package in the Parliament on 17.12.1998.
9.      Thus TRCA (Pay Scale), Future entitlement (increment), Paid leave, Gratuity and Severance amount etc were granted to GDS. Severance amount to promotees was also granted.
10.  All the above demands were achieved by NFPE only. GDS Union was formed n the year 1999 i.e. after the implementation of Talwar Committee report.
11.  It was at this stage i.e. in 1999 the GDS All India Union (AIPEDEU) was formed in the 1stAIC at Kaiwara. Com. S. S. Mahadevaiah was elected as the General Secretary of AIPEDEU and he was continuing as General Secretary.

Let us verify what all the gains are for GDS after the taking over of Comrade S. S. Mahadevaiah as the General Secretary.

After taking over charge of Com. Mahadevaiah

No achievement except attacking and blaming NFPE and creating division among the Postal workers.

NO GAINS AT ALL
Not even a single demand of GDS was settled after 1999, i.e. after the taking over of Com. S. S. Mahadevaiah. Immediately on taking over charge he shifted his loyalty to the anti NFPE Group. He went on attacking NFPE. His first enemy is NFPE and not the Government. Even now he is continuing the same malicious propaganda against NFPE. Recently he has published an article written by a retired leader closely connected with anti – NFPE lobby maligning the NFPE and its leadership and describing Com. S. S. Mahadevaiah as the only champion of Postal GDS employees in the “Rural Postal Employees” May 2011 issue!!!

At the same time what has happened to the GDS after 1999 under the leadership of Com. S. S. Mahadevaiah.
1.      NFPE decided to boycott the Natarajamurthy Committee. But Com. Mahadevaiah decided to cooperate with the committee and surrendered before the Government. Thus a chance for taking a united approach to boycott was spoiled.
2.      50% merger of DA was denied to GDS by Government. Due to NFPE’s effort 5% TRCA was granted. A delegation of NFPE met Prime Minster with Com. Basudev Acharya, M. P. Mahadevaiah has no role. But he is claiming that he had settled the case. Shame!
3.      GDS Bonus has been reduced from 3500/- to 2500/-. Mahadevaiah could not prevent it. But he is blaming NFPE.
4.      Government issued orders for combination of duties of GDSMCs and hundreds of posts had been abolished. Mahadevaiah has not raised his voice against it.
5.      Department issued order for abolition of thousands of GDSV posts and GDSMM posts. Mahadevaiah could not prevent it.
6.      Department issued orders for 25% outside recruitment to the post of Postman and thereby denying the GDS their promotional avenue. Mahadevaiah has done nothing. Only the joint agitation led by NFPE compelled the department to assure that modification will made.
7.      Government recently issued orders restricting compassionate appointment to GDS limiting it to 10%. Earlier 100% appointment was given. Mahadevaiah could not do anything. Only the joint agitation led by NFPE compelled the department to revise the orders.
8.      Government issued order tightening BPMs work norms. Instead of 1 point for 1000 rupees cash handling, it is raised to 20000/-. Further 1 point of Rs. 45/- rupees stamps sale is raised to Rs. 900/- No points for NREGS work and many other new works. TRCA of BPM is being reduced to minimum. Mahadevaiah don’t bother and also is helpless. Only joint struggle led by NFPE, the Minister assured that it will be reviewed.
9.      Now the Dept has amended the GDS (Conduct & Employment) Rules 2001 as GDS (Conduct & Engagement) Rules 2011 and made the GDS appointment only as “Engagement” like casual part time etc. There is no serious protest so far from the GDS All India Union. Com. Mahadevaiah has accepted it and surrendered the hard-won right of GDS.

GDS lost many due to lack of unity
Thus one by one all the benefits achieved by NFPTE/NFPE through struggles are being taken away. But Mahadevaiah is keeping quite. Still he claims that he is the only champion of GDS by rousing the cadre sentiments of GDS against NFPE. Com. Mahadevaiah does not want the unity of Postal employees to advance GDS demands. He always wants disunity. Before the July 2011 strike settlement seven rounds of discussion were held with Postal Board. Com. Mahadevaiah has not attended even in a single negotiation. NFPE leadership argued for GDS and made a break through possible. His strike call in December 2008 yielded nothing but rightly divided the Postal workers is the testimony of his ulterior motive. Because of this type of wicked and narrow minded attitude, GDS are the victims and they are losing heavily, but the Leader is gaining.

Unity spoiled! Resulted delay over one year in implementation of GDS Committee recomendations
He refused to join a joint action against the Government to modify the retrograde recommendation of the Natrajamurthy Committee. NFPE was ready for a joint action of all Postal employees from 6th January 2009. But Mahadevaiah gave sudden call for indefinite strike from 18th December 2008 i.e. 16 days ahead of the date proposed call by NFPE. He divided the Postal Employees and clearly played in the hands of the Government.  Thus resulted in unconditional call off the strike on the third day. Nothing was settled. But still he is blaming NFPE for his failure and untimely action. Will he deny the assurances of Postal Board made on 16.12.2008 for implementation of GDS committee recommendations before 31.12.2008 and no establishment norms will be revised? Due to the ill advice of one retired P3 leader he proceeded the strike to show his championship but caused one year delay in settlement of GDS issues. Knowing that Com. Mahadevaiah is against NFPE and the employees are divided, Government started attacking the GDS. Who is responsible for breaking the unity? Who is responsible for allowing the Govt. its “divide and rule” policy? Of course, Com. Mahadevaiah alone is responsible. He acted as an agent of the Postal Board and the Government by breaking the rock like unity built by NFPE.

Is it pension?
No modification in the so-called pension scheme (SDBS) recommended by the Nataraja Murthy committee could be made by Com. Mahdadevaiah. But yet the retired leader says that “Pension” is the achievement of Mahadevaiah. No; not at all. It is result of the struggle conducted by the entire postal employees. When there is nothing at his credit, he wants to take credit for it. Shame!!

Anti – NFPE Propaganda:
1.      He is openly declaring that he is not with NFPE and he is running a separate union. He is even objecting the GDS comrades from shouting the slogan “NFPE Zindabad” and printing the NFPE emblem also on flags and banners etc.
2.      He is not ready to coordinate with NFPE by accepting the offer of Associate membership of NFPE or by any another form like co-ordinating committee set-up despite the NFPE leadership attempted on several occasions for the unity.

Undemocratic method: Com. Mahadevaiah, never allowed democratic election to change his leadership. At Perumbalur AIC, goondaism was organized and delegates were brutally attacked. In many circles the Divisional disputes are organized by Com. Mahadevaiah and adhoc committees are imposed. In Tamilnadu a candidate for the Circle Secretaryship was man handled by the supporters of Mahadevaiah in his presence. More than 4000 GDS were kept out of membership in Tamilnadu Circle alone.

Looted GDS money! Tips of iceberg!
Apart from the above, there are several financial irregularities in the CHQ accounts.

(i)     He is GDS MD, Doorvaninagar – Maximum he can work as postmen in officiating chances with minimum pay for postmen without HRA & TA. Do you know how much he has taken salary from the C.H.Q?
(i)     Six months per year, he was forced to work as GDS MD, Doorvaninagar after 2008. He has drawn salary as GDS MD from the department.
(ii)   As such what will be his entitlement? (Six months salary maximum at Postmen officiating pay plus six months GDS salary) (i.e) Rs. 196X30 days X 6 months = 35280 + 42000=77280). But do you know how much he has taken from the CHQ. As per his report. For 2010-11, he has taken Rs. 2,59,238 plus conveyance of Rs. 20370/-). For 2009-10, he has taken Rs. 1,94293/- plus conveyance of Rs. 19150/-)
(Pay Commission arrears to G/S & Tr: Rs. 119409 + Rs. 186129 = Rs. 305538. Rs. Three Lakhs, five thousand + more); Oh! God!. Any of you have drawn arrears of GDS committee beyond Rs. 70,000/-
(iii) You go through his accounts submitted in the last AIC! Luxuries and not for GDS The GDS sweat & money is being misused by both the General Secretary & Treasurer.
(iv)  There is no accounting for building fund. No where the accounts related to Building funds were furnished.
(v)    Total expenditure for two years exceeds 36 lakhs by the CHQ.
(vi)     There was a strong news that he has purchased a bungalow costing crores of rupees in proper Bangalore city which is disproportionate to his income.

Manipulations! thy name is Mahadevaiah
When all the irregularities were pointed out by the majority of the delegates, there was no response and attempts were made to hush up the conference with the brute of manipulated voting strength. For examples in Rajasthan there was manipulation to the extent of 46 delegates? Where are they? Similar is the case of Himachal, Punjab & other circles where there is no presence.
Dawn to GDS!
Finally majority of the delegates met in the same venue and decided to form a separate union for GDS with name of All India Postal Employees union – GDS (NFPE) and decided to function under the guidance of P3, & P4 and NFPE leadership by consolidating total unity among the Postal employees. An adhoc body has been constituted to formulate circle/branch unions and there after full pledged All India Conference will be held to elect the office bearers democratically.

List of office bearers

President                                 :           Com. Bijay Gopal Sur (West Bengal)

Working Presidents                 :           Com. Pramod Kumar Singh (Uttar Pradesh)
                                                            Com. Nirmal Ch. Singh (Orissa)

Vice Presidents                       :           Com. Suprava Pal (North East)
                                                            Com. Gana Acharya (Assam)

General Secretary                   :           Com. P. Pandurangarao (Andhra Pradesh)

Dy. General Secretary                        :           Com. R. Dhanraj (Tamilnadu)

Asst. General Secretaries       :           Com. B. R. Jagadeesh (Karnataka)
                                                            Com. K. C. Ramachandran (Tamilnadu)

Financial Secretary                 :           Com. V. Murukan (Kerala)

Asst. Financial Secretary         :           Com. Balaram Singh Thakur (Madhra Pradesh)

The following decisions have been taken unanimously.

Our immediate task
(i)        Approach each and every member of AIPEDE Union and explain the position and enroll them as members of the newly formed union.
(ii)      Submitting withdrawal of membership form from AIPEDE Union from each membership to DDO/Divisional head (As per Dte. letter no. 13-2/94, SR (Vol II dt. 18.09.1995, any one wants to withdraw his declaration, he may give an application in that effect to the DDO, who will accept such request with future effect. No recovery of subscription will be made thereafter).
(iii)    Approach all members to obtain declaration from each member for our union.
(iv)     Will conduct a Monthly/Bimonthly journal called as “GDS Crusader’, with the subscription of Rs.5/- per copy.
(v)       Draft constitution of the union will be compiled and forwarded to all circles/divisions.
(vi)     Request the assistance/help of P3/P4 divisional secretaries of NFPE in respect of all divisions in obtaining more membership forms and also to guide the office bearers since the GDS union has been decided to function under the guidance of P3, P4 leadership of NFPE.
(vii)   Requesting all the members who are in no contact with the office bearers to contact the General Secretary & others in guiding them to form branches and started functioning of divisional/circle levels, where the GDS members are being kept in darkness by the erstwhile leadership.

AIPEU GDS – launched its website & office
Our union has launched its website today and Com. M. Krishnan Secretary General put his first message. We will update the website regularly. Website is www.aipeugdsnfpe.blogspot.in

Similarly, one e-mail ID has been created for the CHQ for the regular contacts with all GDS comrades. The e-mail ID of CHQ is: aipeugdsnfpe@gmail.com

The GDS CHQ will shortly start function at the Headquarters temporarily from the P3 CHQ head quarters. All correspondences may please be made to the following address.
Com. P. Pandurangarao, General Secretary, AIPEU-GDS (NFPE), Central Head Quarters, Dada Ghosh Bhawan, 2151/1, New Patel Road, New Delhi - 110008

An appeal to all the P3/P4 Divisional Secretaries
We are in the initial stage of formation. We can advance only with your co-operation only. Many GDS divisional secretaries are still in dark about the developments. We fervently request you to appraise the existing GDS union secretaries to join the main stream and strengthen this organisation. In case of non acceptance, kindly choose some good and efficient comrades for the Post of Divisional/Circle Secretaries who shall be a dedicated cadre belong to NFPE and send their Home address and Bio date to CHQ. So that we can approach them for the formation of branches of all levels.

We seek you cooperation and assure that we will work jointly under the banner of NFPE.

An Appeal
All are requested to kindly extend all their possible efforts for the growth of our union. We will function under the guidance of NFPE. The withdrawal application from the membership of AIPEDE union and declaration from to AIPEU GDS (NFPE) unions are enclosed herewith.

Wednesday, April 18, 2012


POSTAL SPORTS BOARD MEETING
Postal Sports Board meeting will be held at Hyderabad on 05.06.2012. Secretary, Department of Posts and other Postal Board Members will attend the meeting. M. Krishnan, Secretary General, NFPE will be attending the meeting.

CASUAL LABOURE’S COMMITTEE
It is informed that the Recommendations of the Committee constituted to consider the issues relating to Casual, Part-Time and Contingent employees are submitted to the Postal Board for consideration and approval.

GDS ALLOWANCE PROTECTION AND CASH HANDLING POINTS
The Committee Constituted by Postal Board has submitted its recommendations and it is under consideration of Postal Board. We hope that the assurance given by the Hon`ble Minister for State, Communications, will be honoured by the Dept.

POSTMEN RECRUITMENT RULES
25% OUTSIDE RECRUITMENT
DOP&T AGREED TO REMOVE IT
Com. M. Krishnan, Secretary General, NFPE, met Senior officers of the Directorate today, DDG (P) informed that regarding 25% outside recruitment in Postmen cadre the DOP&T has given approval for removal of “25% outside quota recruitment”. The file has been sent to Law Ministry for clearance. It may take minimum two weeks to one month for getting approval from Law Ministry. After that revised recruitment rules will be notified and Postmen Examination for the year 2011 and 2012 will be held.

Tuesday, April 17, 2012




GOVERNMENT OF INDIA
MINISTRY OF COMMUNICATIONS & IT
DEPARTMENT OF POST:: (GDS Section)
Dak Bhawan, Sansad Marg,
New Dehil – 110 001
No.19-10/2004-GDS (Part) Dated:10 April, 2012

To

Chief Postmaster General
Kerala Circle
Thiruvananthapuram – 695 033

Sub:- LIMITED TRANSFER FACILITY TO GAMIN DAK SEVAKS – CLARIFICATION  
            THEREOF.

This has a reference to your office letter No.CO/LC/21/OA/12 dated 27th Mar 2012 received only on 29.03.2012 seeking advice if the various categories of the GDS Posts as prescribed in Rule 3 (d) of GDS (Conduct & Engagement) Rules, 2011 could be classified based on the skills or hierarchy or TRCA slabs within these categories.

2. The issue has been examined in this Directorate and I am directed to clarify the position as under;-
(a) Rule 3 (d) the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 currently recognizes only the five categories of Gramin Dak Sevaks i.e. GDS BPM, GDS MD, GDS MC, GDS Mail Packer and GDS Stamp Vendor.

(b) With the issue and implementation of orders relating to downgrading the EDSO's to EDBO's the category of GDS SPM is not in vogue. For the purposes of TRCA, Gramin Dak Sevaks are closed as three categories i.e. GDS BPM, GDSMD/SV & GDS MC/Packer, Their TRCA has been fixed based on pre-revised scales of pay of the corresponding categories of regular Government employees on pro-rata bases. Their TRCA is further based on workload assessed as per laid down norms and slabs.

(c) There is no concept of higher or lower post or skilled within a category and /or amongst various approved categories as recognized from time to time.For the purpose of direct recruitment to MTS Group C post, their seniority is reckoned with reference to date of entry in any GDS post based on seniority in the concerned division as a whole. There is no categorization of various GDS posts into 'White Collar' or 'Blue Collar' and such a classification is not also defined anywhere.

(d) The 'Recruiting Authority' mentioned in Rule 4 and further defined in the Scheduled annexed to the Department of Posts, Gramin Dak Sevaks (Conduct and Engagement) Rules, 2011 is based on working arrangement and for administrative convenience only. As the Gramin Dak Sevaks are entitled to protection under Article 311 (2) of the Constitution as held by Apex Court, the concerned authority will exercise his disciplinary jurisdiction as per the categories of GDS, for which one is designated as recruiting authority.

(e) The existing provisions governing Limited Transfer Facility do not prescribe any restriction for allowing transfer form one category to another and amongst the various categories of Posts irrespective of TRCA slabs prescribed for these categories and even from one wing to another i.e., RMS to Postal or vice versa. The requirement is fulfilled of required qualification and other conditions for limited transfer facility.
(f) While circulating the Department of Posts, Gramin Dak Sevaks (Conduct and Employment) Rules. 2001 vide DG letter No. 22-1/2000-ED & Trg dated 24.04.2001, it was clearly provided in Para 4(ix) of letter dated 24.04.2001 that "executive instructions issued and published below the respective rules as also those brought out in other sections such as method of recruitment, etc of Swamy's Compilation of Service Rules for the Postal ED Staff shall also stand revised / amended mutandis in keeping with the amended / revised rules. Thus, the executive instructions providing for method of recruitment issued prior to circulation of the 2001 rules was provided by amending the Note II (iv) of Rule 3 of Rules and in accordance with the amended provision, limited Transfer Facility was provided under this Directorate letter No. 19-10/2004- GDS dated 17.07.2006 subject to terms and conditions mentioned therein.

(g) Hon'ble Supreme Court in the case of UOI Others vs. Kameshwar Prasad 1998 SCC (L&S) page 447 wherein the system and object of engaging EDA's and their status was considered and adjudicated upon, Held that P&T Extra Department Agent (C&S)Rules, 1964 are a complete code governing service, conduct and disciplinary proceedings against EDA's P&T EDA's Rules, 1964 were repealed and a fresh set of rules replacing the earlier rules was issued under GDS (Conduct & Employment) Rules, 2001 and thereafter 2001 rules have also been replaced by GDS (Conduct & Engagement) Rules, 2011.

(h) So far protection of TRCA is concerned, this Directorate letter No. 14-16/2001-PAP(Pt.) dated 11.10.2004 issued in supersession to all previous provisions provided for protection of TRCA on reduction of workload and redeployment of staff on abolition of post and not in cases where redeployment was made on request. These provisions were not applicable under transfers which have occurred under Limited Transfer Facility extended to GDS under this Directorate letter No. 19-10/2004-GDS dated 17.07.2006. Para 3 (iii) of this Directorate letter dated 17.07.2006 prescribed that TRCA of the new post shall be fixed after assessment of actual workload of the post measured with respect to the cycle beat in respect of GDS MD/MC/Packer/Mail Messenger in this Directorate letter No. 14-11/97-PAP dated 1.10.1987. Based on this analogy, the incumbents of GDS BPM post in terms of points. This Directorate vide letter No. 19-10/2004-GDS (part) dated 21.07.2010 prescribed further that on transfer to a new post, the GDS cannot have any claim for protection of their TRCA drawn in the old post and his/her TRCA will be fixed at the minimum of the TRCA slab of the transferred post depending upon the workload of the said post.

(i) The power to allow transfer under the Limited Transfer Facility is vested only with the Head of the Circle and not with any other lower functionary. The position on this has recently been clarified under No.19-10/2004-GDS (part) dated 19.03.2012.

3. In view of the foregoing, immediate action may please be taken to get rectified the stand in conformity with the above. In order to avoid controversies and different stands before the Court of Law in future, prior consultation/approval of the Head of the Circle in each court case is prescribed to the mandatory required before taking a stand before the Court of Law.

Sd/-
(Surender Kumar)
Assistant Director General GDS/PCC
Copy to:-
All Heads of Postal Circles except Kerala Circle- for information & disseminating the contenets to the notice of all concerned for strict compliance.

COUNTING OF SERVICE RENDERED BY RESERVE TRAINED POOL (RTP) PERSONNEL PRIOR TO THEIR REGULAR APPOINTMENT AS POSTAL ASSISTANTS (PAs)/SORTING ASSISTANTS (SAs)-REGARDING.
D.G. Posts No. 44-1/2011-SPB.II dated 12 April, 2012.
I am directed refer to Directorate’s letter of even number dated 13.1.2011 on the above subject and to say that the issue of counting of service rendered by Reserve Trained Pool(RTP) personnel prior to their regular appointment as Postal Assistants(PAs)/Sorting Assistants (SAs) for promotion, seniority and grant of MACP was under consideration of the Directorate.

2. The RTP Scheme was introduced in the year 1980 as per which a panel of such persons was retained who could not be covered under the number of vacancies declared for regular appointment as PA/SA. When required they were detailed on duty on wages to be paid on hourly basis to meet the short time needs and current needs. The said RTP personnel were given priority for absorption against vacancies, which occurred subsequently. In the year 1983 the RTP personnel were given an option to opt for servicing Army Postal Services (APS).Such persons who opted so were appointed as PA/SA on ad-hoc basis and deputed to APS. The said RTP candidates deputed to APS were eligible to get the benefit of regular appointment in the Civil Post. The RTP scheme was abolished w.e.f. 4.3.1986.

3. While furnishing the information asked for from the Circles, the Orissa Circle has brought to the notice of the Directorate that three OAs filed by three officials in the Cuttack Bench of Hon`ble CAT seeking regularization of the services rendered under RTP scheme were dismissed on 10.4.2003 for the reason that the issue raised has already been decided by the Apex Court on 1.8.1997 in the case of UOI and another Vs K. Sivados and others in C.A. No. 80-123 of 1996

4. It is observed that Apex Court in their judgment dated 01.08.1997 has discussed the case in detail and has rejected the case for grant of Productivity Linked Bonus to RTP personnel. As regards grant of benefit of counting their services as RTP personnel for the purpose of their eligibility to appear for the departmental examination the Hon`ble Supreme Court in the same judgment has observed that the relevant rule provides that the candidate “ must have put in at least five years continuous satisfactory service in one or more eligible cadres” and hence pronounced that any service rendered by RTP personnel prior to their regular appointment in the cadre cannot count for the purpose of the said rule because it can not be considered as service in any eligible cadre. Thus, the Apex Court has held that Tribunal was wrong in granting to RTP personnel the benefit of service rendered by them prior to their regular appointment, for the purpose of their eligibility to appear for the departmental promotion examination.

5. In another case Hon`ble Supreme Court in C.A. No. 5739 of 2005 in the case of UOI Vs Shri Mathivanan vide their judgment dated 9.6.2006 has held that ad-hoc service rendered in APS by RTP personnel should be counted for the purpose of grant of financial upgradation under TBOP scheme. This was mainly due to the fact that the said Scheme did not mention the requirement of ‘regular service’ in para 1 of the Scheme for being eligible for grant of financial upgradation under TBOP scheme .In fact, the Hon1ble Supreme Court observed that it was not a case where promotion to the higher post is to be made only on the basis of seniority. Keeping in view the Apex Court’s decision in M. Mathivanan’s case and the fact the TBOP is not to be granted on the basis of seniority, it was decided to extend the benefit of the Apex Court’s order to similarly placed serving officials vide Directorate’s letter No. 93-25/2003-SPB.II dated 26.7.2010.

6. As per MACP scheme, the officials are eligible for grant of three financial upgradations on completion of 10, 20 and 30 years of service respectively. For the purpose, it has been laid down that ‘regular service’ for the purpose of the MACPs shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption /re-employment basis. It has been categorically stated that the service rendered on ad-hoc/contract basis before regular appointment on pre-appointment training shall not be taken into reckoning.

7. In view of the judgment dated 01.08.1997 delivered in C.A. 80-123 1996 in the case of UOI & another Vs K.N.Sivados and others and provisions contained in MACP scheme, it has been decided by the Competent Authority that the service rendered under RTP scheme by the personnel prior to their regular appointment as PA/SA can not be counted for promotion , seniority and grant of MACP.

8. The above decision may be taken into consideration while defending the court case. The representations received on the subject may also be dealt with accordingly.
Sd/-
(Raj Kumar)
Director (Staff)

Thursday, April 12, 2012

Wednesday, April 11, 2012

NFPE PATHANAMTHITTA: AIPEU - GDS (NFPE) Union launched its website, fo...

NFPE PATHANAMTHITTA:
AIPEU - GDS (NFPE) Union launched its website, fo...
: AIPEU - GDS (NFPE) Union launched its website, following is the link. Com. M. Krishnan, Secretary General, NFPE has formally launched the...

AIPEU - GDS (NFPE) Union launched its website, following is the link. Com. M. Krishnan, Secretary General, NFPE has formally launched the website today at 13.00 hours. The following is the message of Secretary General.


AWAKE! ARISE!! UNITE COMRADES!!
RALLY ROUND NFPE
Dear Comrades,
History has its own course. Nobody can prevent it.
The Gramin Dak Sevaks (GDS) Union was formed in the year 1999 by NFPE with the guidance and blessings of Com. K.Adinarayana, the Legendary Leader who scarified his whole life for the emancipation of GDS. But the union was hijacked by a group of persons who are totally against NFPE and thus Com. Adi and NFPE was cheated. They even prevented the GDS employees from shouting the slogan - “NFPE ZINDABAD”. They looted the GDS money in lakhs and crores. They purchased flats and buildings. All the benefits achieved by the NFPE through continuous struggle was snatched away by the Government one by one during the period from 1999 to 2011. Sufferings of the GDS increased but the ‘anti-NFPE group” could not do anything. Neros were fiddling when the Rome was burning. They continued to blame NFPE for their inefficiency. They published open letters in their journal challenging the NFPE leadership.
Through money power and muscle power this “anti-NFPE group” tried to silence all those who questioned the leadership and those protested were sent out of the union in a most undemocratic manner and adhoc-committees were appointed dismissing the duly elected bodies. Even in the earlier All India Conference, GDS delegates who contested against the leadership were not allowed to contest and were brutally attacked and thrown out from the conference hall.
It is at this juncture, the majority of the GDS delegates who attended the All India Conference held at Amaravathi decided to shape their own destiny. The new union of the GDS called “All India Postal Employees Union GDS (NFPE)” was formed on 7th April 2012 by the majority of the delegates. Thus the broken link of GDS with NFPE is restored after a long gap of twelve (12) years. Those black days are over. Once again the GDS are going to march forward under the banner of NFPE. We shall fight together for the cause of GDS. We shall fight against the Govt. which is totally unsympathetic towards the three lakhs Gramin Dak Sevaks.
In this joint struggle we shall abide by the great traditions of Com. Tarapada Mukherjee, Dada Ghosh, K.G.Bose, N.J.Iyer and Com. Adinarayana. Com: Adi, who fought many a battle for the emancipation of GDS shall be our guiding spirit and the mighty National Federation of Postal Employees (NFPE) shall be our hope and inspiration.
We shall restore the pride and honour of three lakhs Gramin Dak Sevaks. We shall unleash series of struggle including strike exclusively for realisation of the GDS demands. We shall restore our past fighting tradition and the glory of GDS.
Comrades,
On this occasion of launching the new website for the GDS, NFPE extend its warm greetings to the three lakhs Gramin Dak Sevaks.
Let us march ahead with determination.
Victory shall be ours.
Yours sincerely,
M.KRISHNAN
Secretary General,
National Federation of Postal
New Delhi, Employees (NFPE)
11-04-2012. New Delhi.