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.
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.
Thursday 30 May 2013
MEETING OF THE REPRESENTATIVES OF STAFF SIDE NATIONAL COUNCIL WITH SECRETARY, PENSION AR & PG ON PENSIONARY MATTERS.
CONFEDERATION OF CENTRAL GOVERNMENT
EMPLOYEES AND WORKERS.
First Floor, North Avenue Post Office Building
New Delhi. 110 001
E mail: confederation06@yahoo.co.in
Dated: 30th May, 2013.
Dear Comrade,
A meeting of the representatives of Staff Side National Council with Secretary, Pension AR & PG on pensionary matters was held on 28.5.2013. Staff Side was represented by S/ Shri S.G. Mishra and Rakhal Das Gupta (AIRF), Guman Singh (NFIR) and K.K.N.kutty and S.K.Vyas (Confederation)
Old Items
The following issues have been discussed
1. Ex-gratia Payment to SRPF / CPF beneficiaries who had voluntarily retired or medically invalidated. It has been decided to implement the Kerala High Court judgment in general and extend the benefit of exgratia payment to the meagre number of pre 1986 optees who retired voluntarily or on medical invalidation after rendering 20 years of service. The enabling orders are to be issued shortly.
2. Raising quantum of ex-gratia to CPF retirees on lines of SRPF.
In respect of SRPF retirees of the Railways, the rate of ex-gratia was raised from Rs. 600/- pm to Rs. 750/- pm to Rs. 3000pm with effect from 1.11.2006. The Govt. have now decided to revise the rate of exgratia in respect of CPF retirees at the above rates I. e. Rs. 750/- to Rs. 3000/- pm w.e.f. 1.11.2006.
3. Issue of Revised PPOs in favour of Pre 2006 retirees and others.
In the case Civilian departments about 4 lakhs of cases reported pending on 1.8.2012, now only 1.30 lakhs are pending and these would also be cleared by 30.6.2013. In the case of Railways total pendency in August 2012 was 10.8 lakhs which has been brought down to 5.54 lakhs. Now when it has been decided that revised PPOs may be issued suo mottu by the Railway authorities, the entire pending is targeted to be cleared by 30th September 2013.In the case of Defence civilians, action is being taken to issue all pending PPOs by 30.9.2013.
4. Fixation of revised pension by multiplying pre-revised 1/3rd pension (in respect of PSU absorbees) by a factor of 2.26.In the case the speaking order issued by the Govt. on 26.11.2012 that no further increase in pension of absorbee pensioners would be allowed has been challenged in CAT Hyderabad and the Tribunal has passed orders on 24.4. 2013. This order is under examination.
5. Commutation of Pension.
The Govt. have not agreed to reduce the period of 15 years to 11 years for restoration even in the cases where commutation has been paid at the rates prescribed in the New Table. The Govt. wanted that thematter may be raised before 7th pay commission.
6. Family pension to divorced / widowed / unmarried daughters –nomination for life time arrears by the family pension in respect of his / her daughter. This has not been agreed to.
7. Non payment of arrears of pension on account of Revision of pension w.e.f. 1.1.2006 in case of pensioner of Chandrapur. Now these arrears have been disbursed by all Banks.
New Items.
I. Equitable Gratuity under Rule 50 of Pension Rules, 1972.
As recommended by IV CPC the following rates of Death Gratuity had been provided for:-
Sl. No. Length of Service Rate of Death Gratuity
1. Less than one year 2 times emoluments
2. One year or more but less Then 5 years 6 times of emoluments
3. 5 Years or more but less than 20 years 12 times emoluments
4. 20 years or more half of emoluments for every
completed six monthly period
of qualifying service subject
to maximum of 33 times of
emoluments
Staff Side suggested the following amendment in Sl. No. 3 above which
may be split as under:-
a). Five years or more 12 times the emoluments
Staff Side suggested the following amendment in Sl. No. 3 above which
may be split as under:-
a). Five years or more 12 times the emoluments
but less than 11 years.
b). 11 years or more but less than 20 years 20 times of emoluments
The Govt. has not agreed and have suggested that the matter may be raised before the next Pay Commission.
II.Extension of CS (MA) Rules, 1944 to Central Government Pensioners.
The Health Ministry has agreed to extend CS (MA) Rules, 1944 to Pensioners. In many cases which had gone to Court, it has been ruled that pensioners are entitled to full reimbursement of medical expensesincurred by them as per CS (MA) Rules 1944 which are applicable in the case of serving employees. The Department of Expenditure has not agreed to implement the above decision. The pensioners have to wait till the Medical Insurance Scheme is introduced.
III. Grant of modified parity with reference to the Revised Pay Scale corresponding to pre revised Pay Scale of the post from which an employee had retired. The Govt. cited the decision of Supreme Court in K.S. Krishna Swamy Vs UOI (C.A. no.3173-3174/2006 and 3188-3190/2006). According to this the benefit of up-gradation of post subsequent to their retirement would not be admissible to pre 1996 / pre 2006 retirees.
The Staff Side pointed out that the result of this clarification is that a retiree is now being compared with the pay scale of an employee two stages lower and subordinate to the post from which an employeehas retired. If V IV CPCs have consciously upgraded certain posts it is established that pay scales granted for these posts were in adequate and only therefore the up-gradation has been recommended by them. On what ground the benefit of up-gradation even in determining the modified parity be denied to them when it is established that they retired from a pay scale which were inadequate.
However Govt. did not agree to reconsider this matter.
The meeting ended with a vote of thanks.
With greetings,
Yours fraternally,
M.Krishnan
Secretary General
FAMILY PENSION FOR NPS EMPLOYEES – ADDITIONAL RELIEF ON DEATH/DISABILITY - LIFE CERTIFICATE DATE CHANGED TO 1ST NOVEMBER EACH YEAR INSTEAD OF 1ST MAY.
1(7)/DCPS(NPS)/2009/TA/A/295
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CONTROLLER GENERAL OF ACCOUNTS
7TH FLOOR, LOK NAYAK BHAWAN
NEW DELHI
Corrigendum
Dated: 27.5.2013
Sub: Additional Relief on death/disability of Government Servants covered by the Defined Contribution Pension System (NPS).
Reference is invited to this office OM No. 1(7)/ DCPS (NPS)/2009/TA/221 dated 02.7.2009 on the above mentioned subject. The existing para No. 3(xix) of the above OM has been substituted by the following:-
“(xix). The Pension Account holding bank will be responsible for obtaining periodical certificates such as Life Certificate, Re-employed Certificate etc. (as prescribed in CPAO’s Scheme for “Payment of Pensions to Central Government Civil Pensioners through Authorised Banks’) and intimated electronically to CPAO on due dates. (Life certificate should be obtained by 1st November each year and intimation uploaded on CPAO’s website). Drawing of pensions/family pensions will be subject to the receipt of Life Certificate by CPAO”.
Sd/-
(Chandan Mishra Dwivedi)
Dy. Controller General of Accounts
Wednesday 29 May 2013
Plan Training activities for GDSs under 'Human Resource Development- Reimbursement of Travelling, Boarding and Lodging expenses etc (Click the link below for details)
Introduction of "Basic Savings Account" under the Post office Savings Account Rule 1981 to facilitate opening of Zero Balance Accounts (Click the link below for details)
ALL INDIA MAIL SURVEY-2013(Click the link below for details)
http://www.indiapost.gov.in/DOP/Pdf/Circulars/38-01-2013-Ddtd20May13.PDF
REVISION OF INCOME CRITERIA TO EXCLUDE SOCIALLY ADVANCED PERSONS/SECTIONS (CREAMY LAYER)FROM THE PURVIEW OF RESERVATION FOR OTHER BACKWARD CLASSES (OBCS)-REG. (CLICK HERE FOR DETAILS)
Tuesday 28 May 2013
STAY GRANTED BY CAT (P.B) DELHI AGAINST ABOLITION OF POSTS OF POSTMEN & MTS.
Department of Posts ordered abolition of 17093 posts of various cadres. Out of which about 7500 posts were related to Postmen & MTS. AIPE Union Postmen & MSE/Gr. ‘D’ filed a case No. 1736/21.05.13 in CAT (P.B) Delhi along with NUPE Postmen & MTS and AIPEU GDS (NFPE). The Hon’ble CAT Delhi has granted stay against the abolition of posts of Postmen & MTS.
Next date of hearing is fixed as 11.6.2013.
Orders will be exhibited in web-site on receipt.
If there is any imposition of orders of abolition of posts in any Circle. They can take up the matter with the authorities concerned on the basis of CAT (PB) Delhi orders.
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