34
1 BHARTIYA POST MARCH, 2007 Editorial EVEN THE WORMS WILL TURN! WHY NOT WE? Look at the post offices at 8:00 p.m. in the night. Though these offices were closed by 5:00 or 6:00 p.m., the postmasters, Postal Assistants are running here and there to close the day's work! Perhaps not with full satisfaction. Carring over the arrears is nither possible nor permissible in the work spot so far in the case of post office. A total inhuman and exploitation of labour and they are how being dump driven as cattle. No one to carry their sufferings. The ban on creation is in continuance from 1983 onwards and no one at the helm of affairs bother about the new works introduced without extra manpower. 'Everyday - a new product or programme' - the new concept of the postal department is with no additional manpower or augmentation. Not even a single post of officer's post brought under reduction. Whereas the personnel implementing the various new schemes at work spot faced reduction to the extent of 19% in the last five years. More than 45000 posts were brought under reduction in the Group C & D in the postal alone. The sufferings of the postmasters, Postal Assistants at the post office are not the concerns of the powers at the helm of affairs. No tangible action has so far been taken by them to get exemption for the postal from the purview of screening committee. No pressure is exerted by them with the Government to mitigate the sufferings. Rather indulged in introducing various new projects without minding the tears of its own employees. The promotions to LSG, HSG.II brought (bought) under matching savings by the postal unions had lost its relevance. The staff cut to the extent of 20% in supervisory and 6% in operative for TBOP & BCR become the savings to the Government without extending the fruits to the givers. Even the axing of 680 posts for upgradation of 1622 HSG.I posts become meaningless as more than 80% of the HSG.I posts are still kept vacant and seniors are retiring without availing any benefits. No circle head is bothering about the implementation of the Directorate instructions on filling up the posts of LSG, HSG.II & HSG.I. The process is not completed even after 9 months from the issue of revised Recruitment Rules. They are not concerned with the promotions of Group C & D but will review their expected promotion list every day. They did not bother about filling up the residual vacancies kept unfilled since 2000-01 onwards in their circles. Approximately more than 10000 posts are being kept unfilled by the circle heads due to their lethargy and treating them as unconcern to them. The Directorate is merely keeping silent over these and did not intervene effectively to fill up these posts by all circle heads. The genuine and reasonable demand of GDS union to constitute a Judicial Committee for considering their demands has been denied and diluted. The injustice caused to the exploited class of GDS by rejection of all positive recommendations of Justice Talwar Committee will be authorised and approved by the proposed bureaucratic committee. They may be no other reason behind the rejection of the Judicial Committee except this. We cannot shut our eyes and remain as silent spectators while the exploitation of GDS comrades continues further. The attacks on the postal service and its employees by merger / by abolishing the post offices / divisions, opening private (franchise) post offices, curtailment of delivery / letter box clearings closure of RMS sections etc. cannot be ignored. There is no compromise on this anti-service and anti-worker move. Instead of creating adequate staff required for the service, the department is unleashing various moves to curtail the services as if cutting the legs to suit for the shoes. The amendment to Indian Post Office Act 1898, ensuing the monopoly of articles upto 300 grams to the postal department placed in the Parliament, as learnt, is now diluted and it is ready for issuing licence to couriers without any restriction of weight. The lobby exerted by the business community had succeeded. Without any autonomy to the Postal Board and has to depend for any decision with the nodal ministries, the Department of Posts could not take any decision to protect the interest of its own and also its employees. We are in dolrooms. Many more are the grievances stagnating without redressal. The Government never obliges. The Government must be made to yield. Our task is not defeating the Government or scoring a point. We must make it yield to the pressures that we can generate and exercise. The writing on the wall "Even the worms will turn". Why not Postal Employees?

bhartiya post march 2007

Embed Size (px)

Citation preview

Page 1: bhartiya post march 2007

1BHARTIYA POST MARCH, 2007

Editorial

EVEN THE WORMS WILL TURN! WHY NOT WE?Look at the post offices at 8:00 p.m. in the night.

Though these offices were closed by 5:00 or 6:00 p.m.,

the postmasters, Postal Assistants are running here

and there to close the day's work! Perhaps not with

full satisfaction. Carring over the arrears is nither

possible nor permissible in the work spot so far in the

case of post office. A total inhuman and exploitation

of labour and they are how being dump driven as cattle.

No one to carry their sufferings.

The ban on creation is in continuance from 1983

onwards and no one at the helm of affairs bother

about the new works introduced without extra

manpower. 'Everyday - a new product or programme'

- the new concept of the postal department is with

no additional manpower or augmentation. Not even

a single post of officer's post brought under reduction.

Whereas the personnel implementing the various

new schemes at work spot faced reduction to the

extent of 19% in the last five years. More than 45000

posts were brought under reduction in the Group C

& D in the postal alone.

The sufferings of the postmasters, PostalAssistants at the post office are not the concerns of

the powers at the helm of affairs. No tangible action

has so far been taken by them to get exemption for

the postal from the purview of screening committee.

No pressure is exerted by them with the Government

to mitigate the sufferings. Rather indulged in

introducing various new projects without minding the

tears of its own employees.

The promotions to LSG, HSG.II brought (bought)

under matching savings by the postal unions had lost

its relevance. The staff cut to the extent of 20% in

supervisory and 6% in operative for TBOP & BCR

become the savings to the Government without

extending the fruits to the givers. Even the axing of

680 posts for upgradation of 1622 HSG.I posts become

meaningless as more than 80% of the HSG.I posts

are still kept vacant and seniors are retiring without

availing any benefits.

No circle head is bothering about the

implementation of the Directorate instructions on filling

up the posts of LSG, HSG.II & HSG.I. The process is

not completed even after 9 months from the issue of

revised Recruitment Rules. They are not concerned

with the promotions of Group C & D but will review

their expected promotion list every day. They did not

bother about filling up the residual vacancies kept

unfilled since 2000-01 onwards in their circles.

Approximately more than 10000 posts are being kept

unfilled by the circle heads due to their lethargy and

treating them as unconcern to them. The Directorate

is merely keeping silent over these and did not

intervene effectively to fill up these posts by all circle

heads.

The genuine and reasonable demand of GDS

union to constitute a Judicial Committee for

considering their demands has been denied and

diluted. The injustice caused to the exploited class

of GDS by reject ion of a l l posi t ive

recommendations of Justice Talwar Committee will

be authorised and approved by the proposed

bureaucratic committee. They may be no other

reason behind the rejection of the Judicial

Committee except this. We cannot shut our eyes

and remain as si lent spectators whi le the

exploitation of GDS comrades continues further.

The attacks on the postal service and its

employees by merger / by abolishing the post offices

/ divisions, opening private (franchise) post offices,

curtailment of delivery / letter box clearings closure of

RMS sections etc. cannot be ignored. There is no

compromise on this anti-service and anti-worker move.

Instead of creating adequate staff required for the

service, the department is unleashing various moves

to curtail the services as if cutting the legs to suit for

the shoes.

The amendment to Indian Post Office Act 1898,

ensuing the monopoly of articles upto 300 grams to

the postal department placed in the Parliament, as

learnt, is now diluted and it is ready for issuing licence

to couriers without any restriction of weight. The

lobby exerted by the business community had

succeeded. Without any autonomy to the Postal

Board and has to depend for any decision with the

nodal ministries, the Department of Posts could not

take any decision to protect the interest of its own

and also its employees.

We are in dolrooms. Many more are the

grievances stagnating without redressal. The

Government never obliges. The Government must be

made to yield. Our task is not defeating the

Government or scoring a point. We must make it yield

to the pressures that we can generate and exercise.

The writing on the wall "Even the worms will turn".

Why not Postal Employees?

Page 2: bhartiya post march 2007

2BHARTIYA POST MARCH, 2007

GOVERNMENT ORDERSl G.I.,Dept of Posts,Lr.No.3(3)/99/PA-Admn.I/245 to

288. dated 7-7-2006

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 cadre may be made in the following 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

procedure.

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.

l D.G.(P) letter No. 10-1/2004-SR (Pt.), Dated:

6-9-2006.

Instructions issued by the Department from time

to time regarding 'Channel of Communication' available

to unions (also contained in compilation of instructions

on trade union facilities circulated vide letter No. 10-1/

2004-SR dated 25-06-2004) inter alia provides as

follows:

(i) As a rule no correspondence should be entered

into with any unrecognized union/Service

Association.

(ii) The Central Association and their branches

should correspond directly only with the

authorities in charge of the unit they represent

i.e. local level Service Association should

correspond directly only with the local authorities,

Divisional Association with Divisional Authority,

the circle level Service Associations with the

head of the Circle and the Central Unit of the

Service Associations with the Secretary (Posts)

or the Government through the Secretary

(Posts).

(iii) Representators from the Service Associations

are limited to the matters concerning the unit

they represent and for taking up the issues with

higher authorities, the procedure has been laid

down in Department's instructions circulated vide

letters No. 31-3/81-SR dated 17-8-81 and No.

10-3/84-SR dated 15-6-84.

(iv) No action is to be taken on direct references

from local Service Associations except where

specifically ordered by Minister/Minister of State/

Secretary (P)/Member of the Postal Services

Board.

2. From the perusal of instructions on the subject,

you will appreciate that as a matter of principle each

level of union/service association is required to take

up the issues with its accredited authority with the

exception as explained in the Department's letter

No. 16-2/65-SR dated 03-8-1966. But in spite of clear

and unambiguous instructions, good number of

references are being received from unions/service

associations in violation of the above instructions.

There are instances of Divisional/Branch union

writing direct to the Hon'ble MOC&IT/MOSC&IT.

3. I would also like to draw your attention to para

6(k) of CCS (RSA) Rules, 1993 which read as follows:

"The Service Association shall not do any act or

assist in the doing of any act which, if done by a

Government Servant, would contravene any of the

provisions of the Central Civil Services (Conduct

Rules), 1964".

4. The above provision makes it clear that each union/

service associations is required to behave like any

Government Servant except in circumstances indicated

in the Conduct Rules itself.

5. The trade union facility regarding 'Immunity from

Transfer' is another set of instructions which are

generally misinterpreted by the Unions/Service

Associations. The suitable guidelines in this regard

have been spelt out in the Department's letter No.

Page 3: bhartiya post march 2007

3BHARTIYA POST MARCH, 2007

69-18/70-SPB-I dated 07-12-1970, No. 71-14/82-SPB-

I dated 22-05-82 and No. 71-20/83-SPB-I dated

16-09-1985 with a slight change in the recent past

revising the period of immunity from transfer from

1 year to 2 years, subject to the conditions laid

down in the above instructions inter alia including

mutual goodwill and administrative convenience.

But the unions generally misinterpret it to the

extent of infinity which has never been the intention

and in most of the cases, i t is not even

administratively feasible.

6. The very idea of reiterating all the above

departmental instructions to you is to ensure (i)

uniformity in dealing with the unions; and (ii) to be

precise and clear about the union's privileges up to a

particular stage beyond which it tantamount to violation

of guidelines, warranting suitable action. You may like

to give it circulation as you deem appropriate.

A BRIEF REPORT ON CIRCLE WORKING COMMITTEE MEETINGHELD AT BONGAIGAON ON 6TH & 7TH JANUARY 2007

The Circle Working Committee meeting of P-3, P-4 and GDS union was held at Bongaigaon on 6th and

7th January 2007.

On 6th January 2007 at 10:00 a.m. morning as beginning of the CWC meeting the National Flag and the

NFPE were hoisted very auspiciously by Sri Dinabandhu Basumatary and Com. B.R. Lahkar respectively

and thereafter the respective Subject Committee meetings were held separately.

The P-3 Subject Committee meeting was started under the Presidentship of Com. L.P. Saikia and the

session was inaugurated by Com. S.S. Mahadevaiah, General Secretary, GDS Union (CHQ). Com. K.V.

Sridharan, General Secretary, P-3 (CHQ) also greeted the house. In the Subject Committee, General

Secretary replied to all the queries raised by Divisional Secretaries which lasted for more than three hours.

A very useful interaction at grass root level leaders.

On 7th at 09:30 a.m. morning the open procession was organised. At 11:00 a.m the open session was

started under the presidium of Com. B.R. Lahkar, L.P. Saikia, Chakreswar Das and Com. B. Hazarika.

Dr. N. Vinod Kumar, DPS (HQ) Guwahati /Assam attended as Chief Guest, Com. K.V. Sridharan,

General Secretary, P-3; Com. S.S. Mahadevaiah, General Secretary, GDS Union; Com. Hareswar Das,

Secretary, CITU; Com. Swadhim Sikdar, Convenor, JCTU; Sri Kulen Choudhary, Principal, Birjhara H.S.

School were honoured as Guest. The Chief Guest and the guests were felicitated by the Reception Committee

with a "Fulam Gamosa" and one Diary.

The open session was inaugurated by Shri Dinanath Basumatary, Chairman, Reception Committee.

Com. B.D. Boro, Circle Secretary, P-3, Assam highlighted the Summary Report of the CWC meeting.

The "SOUVENIR" was inaugurated by Shri Kulen Chaudhary, Principal, Birjhara H.S. School and he

had been assisted by Com. Debabrata Boro, Editor.

The Chief Guest, Dr. N. Vinod Kumar, DPS (HQ), Guwahati (Assam) presented a valuable speech in respect

of present development of Postal Network and presented Economic and Political scenario of the country.

The CHQ records its appreciation to Reception Committee, Bongaigaon and Assam comrades for the

effective conduct of the Circle Working Committee meeting.

…………Com. L.P. Saikia, Org. General Secretary

You must have a hope to inspire you

You must have a path to pursue

You must have an object to work for a plan

and purpose in view

You must have a sense of direction or

you will go drifting along

You must have a faith that will guide you

When life holds no light and no song

You must have a stake in future

Though swiftly the years may depart

You will always have something to live for

If you have an ideology in your thoughts!

THOUGHTS AND MEMORIES

Page 4: bhartiya post march 2007

4BHARTIYA POST MARCH, 2007

THE LATEST

Copy of CHQ letter addressed to Al CHQ Office

Bearers and All Circle Secretaries.

Sub.: LSG, HSG.II & HSG.I - Filling up of vacant

posts - reg.

Dear Comrades,

Please refer the CHQ circular dated 05-02-2007

despatched already and the information as called for

may please be sent by next post.

Today, (12/02/2007), I had detailed discussions

with the DDG (P) on the above subject and following

is the outcome.

i) As per the Volume IV, no benchmark should be

applied for promotions upto HSG.I posts. In some

circles like Tamilnadu, the benchmark was applied

for HSG.I promotion. In Karnataka, the same is

applied for LSG promotion also. The DDG (P)

agreed that these were wrong. No benchmark

should be applied even for HSG.I promotion.

ii) The general line officials have been posted as

HSG.II APM Accounts in Uttar Pradesh,

Uttarakhand etc. This is irregular. The DDG (P)

agreed that only Accounts qualified officials should

be posted as HSG.II APM Accounts.

iii) The promotion to notional LSG promotion from

1986 to PO and RMS qualified officials since 1986

onwards based on the PO and RMS Accountants

Gradation list and consequent promotion to HSG.II

has been insisted. It was assured to take a

decision at the earliest.

iv) In some circles like Orissa, the notional LSG

promotion was issued only to the retired officials.

As all the existing posts have to be filled up, the

notional LSG promotions should be issued to

subsequent serving officials and similar is the

position to HSG.II also. The DDG (P) agreed to

settle these cases also.

During the discussions, the DDG (P) stated

that he requires full details with documentary

evidences of each circle separately and will issue

necessary clarifications directly to each circle after

faxing our letter to the concerned circle heads. I

assured that I will provide all the particulars within

a week with the hope that you will fax the details

to CHQ at once. Then only we could settle this

problem once for all.

Please expedite your report by next mail / FAX.

Your cooperation in this regard is highly solicited.

The other news / developments relating to various

issues in the department are furnished hereunder for

your information.

1. The result of Inspector Post Exam will be released

within ten days. Anyhow before 28-02-2007.

2. The syllabus of LGOs Exams is under revision.

3. The Group B Exam is expected to be conducted

in September 2007 this year. The syllabus, as

learnt, is being modified probably many questions

may be answered without aid of books.

4. The Postal Accounts & DOT (Cell) will be

amalgamated shortly. This will benefit immediately

to more than 500 JAO qualified officials awaiting

for JAO promotion as more number of vacancies

are in existence in the JAO cadre at DOT at

present. Similarly in the Directorate, the P&T

Accounts officials will maintain finance hereafter.

5. The vacancies kept pending under residual

vacancies may be filled up by the respective circles

which will not be objected by the Directorate.

Circle Secretaries, please act swiftly.

6. The relaxation of rules and permitting plus two

qualified GDS officials to write the Postal Assistant

examination is yet to be approved by the Law

Ministry. Reminded.

7. The Cabinet Note with regard to exemption of

Postal Department from the purview of Screening

Committee & Ban on creation is still pending

approval of the Minister of Communications. The

Directorate contacted the PA to Hon'ble Minister

and expedited the file. Hope this will be moved

faster.

8. The file of treating special allowance as special

pay to PO and Accountants and taken into account

for fixation of pay on promotion at par with JAO

qualified officials has now been sent to the

Department of Personnel for approval.

9. During discussions with the Secretary Shri I.M.G.

Khan today, he consented to consider to take the

GDS services like atleast 3 years as 1 year as

qualifying service for the grant of pension. He

assured to send proposal.

10. Regarding the formation of Judicial Committee for

consideration of GDS demands, once again the

file was sent to the Minister of Communications

for decision.

With fraternal greetings,

Page 5: bhartiya post march 2007

5BHARTIYA POST MARCH, 2007

MEMORANDUM ON PAY SCALE - PRINCIPLE PLEADEDMany comrades enquired over phone and in

person about the proposed pay scales and itsevaluation submitted by the staff side to the 6thPay Commission. Hence, we represented the

portion from the staff side memorandum aboutthe principles for determination of pay submittedto the sixth pay commission for the interest of

our readers.PRINCIPLES OF DETERMINATION OF PAYThe 6th Central Pay Commission has been asked

to examine the principles that should govern the

structure of pay and allowances and other facilities

and benefits, whether in cash or in kind, to the six

categories of employees enumerated in para 2(A) of

the notification dated 5-10-2006. In this chapter, we

shall deal with the broad principles that should govern

the determination of minimum wage and the pay

structure of Central Government employees. Before

we dwell upon the various principles enunciated by

the expert committees and Commissions and its

applicability in the present juncture we would like Pay

Commission to consider the following factors.

(a) The Central Government employees were in terms

of emoluments better placed than others in the

fiftees. This position started to slide down from

1958-59 onwards. Presently they are far behind

most of the public sectors workers. One important

reason for the emergence of such a phenomenon

was the frequency in which the wage settlement

was brought about in the Public Sector

undertakings through bilateral negotiations. Sans

the benefit of collective bargaining, the wage

revision in the case of Central Govt. employees

had been taking place after every 10/15 years

through the instrument of Pay Commission. The

ever widening gap even at the minimum wage level

has set in demoralization and a feeling of despair

among the Central Govt. employees.

(b) The elimination of such a sense of grievance, which

is real, should be considered to be the important

task before the Pay Commission. The wage structure

should be based on a sound principle; it should meet

the test of reason and relevance engendering a feeling

of "fairness" amongst the employees.

(c) The norms laid down by the 15th Indian Labour

Conference (Tripartite) for fixing the need based

minimum wage is relevant even today though it

could not have visualized the basic requirements

of the modern living conditions. The minimum wage,

the 6th CPC my determine, should not in any case

by less than the minimum wage computed as per

the norms laid down by the 15th ILC.

(d) The most important factor in the determination of

wages of civil servants all over the would is the

"fair comparison with outside rates." Due to the

non-availability and unreliability of the data

regarding wages in the private sector, such

comparison in the Indian context, in all fairness,

should be restricted to the wages in the public

sector, more specifically the Navartna companies

for the Public Sector is considered as part of the

Central Government in terms of Art. 14 and 16 of

the Constitution. Besides, it must be noted that

the wage agreement in these undertakings is

governed by the directives issued from time to time

by the Department of Public undertakings under

the Ministry of Industries.

MINIMUM WAGE AND PAY STRUCTURE

4.2 The two important methodologies that could be

adopted for the determination of the minimum wage in

the case of Govt. employees are :

(i) Fair comparison of the rates obtaining in the Public

Sector undertaking in respect of an unskilled worker.

(ii) Adopting the 15th ILC norms.

4.3 The minimum wage so determined, shall be the

premise on which pay scales could be constructed

taking into the existing or desirable relativities.

4.4 It would thus be pertinent to indicate briefly the

various conceptual formulations made by the

successive Pay Commissions in the matter of

minimum wage determination.

The Second Pay Commission considered the

recommendation of the 15th ILC regarding the need

based minimum wage. Their observation in this

regard is as under :-

"It is for the first time in this country - and for the

matter of that, in any other country of which we

have information - that the need which a minimum

wage should satisfy, have been defined in precise,

quantitative terms"....................... "We have

found on examination, that while the standard set

in the particular balance diet formula (adopted by

the 15th ILC) may be feasible in respect of cereals

and to a large extent in respect of pulses, they

are clearly impracticable in the case of other food

stuffs, fruits, milk, meat, fish and

eggs".................... "We, however, though that it

would be of some aid in our deliberations if a diet

capable of providing the requisite calories and other

essential nutrients was worked out within the limits

Page 6: bhartiya post march 2007

6BHARTIYA POST MARCH, 2007

of the country's present output of foodstuff. A diet

suitable for an adult man engaged in moderate

activity was accordingly worked out and sent to

Dr. Patwardan for his opinion. We have considered

whether a minimum wage of the size implied in

the 15th Labour conference recommendation is

feasible economically and financially and we have

reached the conclusion that it is not."

4.5 The 3rd Pay Commission estimated the need

based minimum remuneration according to their own

concept adopting the vegetarian diet recommended

by the Indian Council of Medical Research and

quantifying the same on monetary terms by applying

the average of the rates of the articles obtaining in the

cities of Mumbai, Chennai, Kolkata and Delhi. They

thus worked out the same at Rs. 196, co-related to

the cost of living index at 200 [base 1960=100]. While

adopting the minimum wage so quantified, deviating

significantly form the 15th ILC norms, they also pointed

out emphatically that :-

"We see no reason why the Govt.; employees

should not in the fullness of time, the entitled to

the need based minimum wage according to the

norms laid down by the 15th ILC..............

4.6 The 4th Pay Commission examined in detail

the implication flowing from the amendment to the

preamble to our Constitution whereby the words

"Socialist and Secular" were prefixed to the word

"republic";

directive principles of State policy as enshrined in

art. 39;

living wage in article 43; etc.

and concluded that the directive given in Article 43

for securing a living wage was an endeavour the

State must make and the Commission be inspired

whenever and wherever the question of emoluments

for the workers arises for consideration.

4.7 Observing thus, the 4th Pay Commission, without

resort to any detailed computation, rather arbitrarily,

reached the conclusion that the salary at the lowest

level should be fixed at Rs. 750 per month at index

average of 608 (1960=100).

4.8 The 5th Central Pay Commission also referred to

Article 43 of the Constitution (living Wage), discussed

the 15th ILC norms, the recommendations of the ILO

1968, the minimum wage advisory board's

recommendations, the ILO 1992 norms etc. and

formulated a combination for the following approaches

in the determination of the minimum wage;

(i) Need based approach.

(ii) Capacity to pay approach

(iii) Relative parity approach

(iv) Job evaluation approach

(v) Productivity approach

(vi) Living wage approach

4.9 In fine, they adopted a modified version of the

Constant Relative Income Criterion [by applying a

compensation factor of 30.9 per cent representing the

increase in the per capita net national product during

the period between 1986 and 1995] to work out the

minimum wage at Rs. 2440/- at the Cost of Living index

at 315 points: Base 1982=100.

4.10 As there had been a factual error in the

computation of the percentage increase of NNP between

1986 and 1995, the minimum wage had to be raised

later to Rs. 2550 through bilateral negotiations.

4.11 It could be seen from the above that except

discussing various rationale and approaches, none of

these Commissions could stick to any consistent and

sound principle in the determination of minimum wage.

The criterion adopted by the 5th CPC i.e. linking the

wage to the percentage increase of the NNP over a

pre-determined period is fallacious in as much as the

wages of the Central Govt. employees are sought to

be co-related to a factor which has no relevance to

their living conditions or on the evolution of which they

have absolutely no control at all. This is amply borne

out of the following observation made by the Second

Central Pay Commission in this regard.

"We have already dealt with the general question

whether wages and salaries of Government

Servants can be linked with National Income

figures in any direct or precise manner, and have

reached the conclusion that they cannot be so

linked. We have also been cautioned about the

imperfections of the estimates of National Income;

and advised against making use of them except

in a broad, dimensional term".

4.12 It is therefore, our considered opinion, that the

basic norm propounded by the 15th ILC is the most

scientific and sound rationale in determining the

minimum wage as of date though it suffers immensely

of deficiencies related to present day living conditions.

In the context of the above analysis, we strongly

advocate that the minimum wage determined in the

case of Central Government employees should not in

any case be less than the minimum computed on the

basis of the 15th ILC norms. The difficulties faced by

the previous Pay Commissions particularly the second

and third in computing the minimum wage on the basis

of the 15th ILC norms is no longer being encountered

by the 6th Pay Commission as the fundamental of our

economy is considered to be very strong by the Govt.

itself. The cardinal principle of wage determination in

Page 7: bhartiya post march 2007

7BHARTIYA POST MARCH, 2007

Item Per day PCU Per month 3CU Price per kg Total Cost

(In grams) (in Kg) (in Rs) (In Rs)

Rice/wheat 475 42.75 22.00 941

Dal (Toor/Urad/moong) 80 7.2 65.00 468

Raw Veg 100 9.00 28.00 252

Greenleaf Veg 125 11.25 24.00 370

Other Veg 75 6.75 26.00 176

Fruits 120 10.80 50.00 540

Milk 200 Ml 18 Ltd 2400 432

Sugar and Jageery 56 5.00 2400 120

Edible Oil 40 3.6 90.00 324

Fish 2.5 180.00 450

Meat 5.00 180.00 900

Egg 90 (no.) 2.50 225

Detergents, Cosmetics, etc. 300 P/m 300

Clothing 5.5 Mtr 80/Mtr 440

Total 5838

Misc@ 20%* 1167.60

Total 7005.60

Addl. Exp. @ 25%** 1751.40

Total 8757.00

Housing @ 10%*** 973.00

Grand Total 9730.00

Notes PSU = Per day consumption Unit. * 20% Miscellaneous charges towards fuel, electricity, water etc. **

Additional Expense at the rate of 25% includes Expenditure towards education, marriage etc. of children,

medical treatment, housing, recreation,festivals etc. as per the Supreme Court Decision in 1991. ***Housing at

the rate of 1/10 of total salary as per Rule 2A of the Income Tax Ruel read with section 10(13A)of the I.T.Act.

FIXATION OF MINIMUM WAGE AS PER THE NORMS OF 15 ILC NORMS

the case of Civil servants being "the fair comparison

with outside rates", we suggest that the Commission

determine the minimum wage on the basis of a fair

comparison of the wages obtaining in the Public Sector

undertakings, especially in the Navaratna companies.

4.13 Having stated that principles, we now deal with

the computation of Minimum wage at the entry level of

the unskilled worker. The wages of the most of the

PSUs are due for revision as on 1st January 2007. The

average of the minimum wage in the Navaratna

Companies among the PSUs without taking into

account the proposed revision hovers around Rs. 9450/

- including fringe benefits and ex-gratia payments. Acute

financial constraints deterred the 2nd & 3rd CPC in

recommending the minimum wage based on the 15th

ILC norms. With the turnaround of the economy, the

phenomenal growth in the tax revenue and other

receipts, (which is detailed in the succeeding Chapters),

the 6th CPC do not encounter the problems and

difficulties faced by the earlier Commission. The Public

Sector workers have now demanded the Minimum wage

at Rs. 11,000/- as on 1st January, 2007.

4.14 In the accompanying Annexure (A) we have

computed the minimum wage on the basis of the 15th

ILC norms. As per the said computation, the minimum

wage on the basis of the average of the prices of the

articles obtaining in the four Metro Cities i.e. Delhi,

Chennai, Mumbai and Kolkata works out to Rs. 9730/

-. Even according to the formula enumerated by the

5th CPC, i.e., percentage increase of the per capita

NNP, over the years between 1995-96 and 2004-05 at

factor Cost at Current prices, the minimum wage

workout to Rs. 10,239/-. In Annexure-C to this

Memorandum, we have given the details of the total

emoluments of Central Govt. employees in various

Cadres both at the minimum and maximum of the

respective Scales of Pay, which is indicative of the

widening gap in emoluments at all levels between the

Govt. employees and those employed in the Public

Sector Undertakings. We, therefore, suggest that the

minimum wage in the cost of the Central Government

employees related to the All India Average Cost of

Living Index of 536 as on 1st January, 2006 (Base:

1982=100) may be fixed at Rs. 10,000/-.

Page 8: bhartiya post march 2007

8BHARTIYA POST MARCH, 2007

FROM GENERAL SECRETARY'S DESK

HAPPY HOLI TO ALL!

u NEW SECRETARY (POSTS)

Consequent upon the superannuation of Smt.

Jyotsna Diesh on 31st December 2006, Shri I.M.G.

Khan, assumed charge as Secretary, Department of

Posts. We congratulate Shri I.M.G. Khan on his

assumption as the Head of the organisation.

A delegation of NFPE leaders led by Com. C.C.

Pillai, Secretary General, consisting of Com. K.V.

Sridharan, General Secretary, P-III; Com. Des Raj

Sharma, General Secretary, P-IV; Com. Giriraj Singh,

General Secretary, R-III; Com. P. Suresh, General

Secretary, R-IV; Com. S.S. Mahadevaiah, General

Secretary, GDS and Com. Somenath Mukherjee, Dy.

General Secretary, P-III met the new Secretary (Posts)

Shri I.M.G. Khan on 4th January 2007. Copies of the

memoranda submitted by the Federation and affiliated

unions were handed over and urged to consider them in

true spirit and recommend to remove the anomalies

prevailing in the TBOP /BCR since 5th CPC. The

delegation urged the Secretary, Department of Posts

for appointment of a judicial commission for GDS.

Matters relating to staff shortage, exempting the postal

department from the purview of Screening Committee

and fill up the vacant posts and other staff matters were

discussed. The Secretary assured to pursue the

problems confronting the staff with serious attention.

u ORAL EVIDENCE BEFORE SIXTH PAY

COMMISSION

After submitting the memorandum on behalf of the

NFPE and its affiliated unions on 02-01-2007 to the

Sixth CPC, our Federation has been invited by the

Chairman, 6th CPC on 23-01-2007 to tender oral

evidence before the commission. On behalf of NFPE,

Com. C.C. Pillai, Secretary General; Com. Des Raj

Sharma, Dy. Secretary General; Com. K.V. Sridharan,

General Secretary, P-III and Com. Giriraj Singh, General

Secretary, R-III participated the discussions which

lasted for one hour and ten minutes. The Chairman,

Justice Shri Krishna and all the members of the 6th

CPC attended the meeting besides the officers of

various departments. During the discussions, we

insisted for the consideration of all the demands put

forth in the memorandum. We had forcibly put forth

our arguments about justification of higher pay to various

posts, in particular about TBOP / BCR, System

Administrators, Counting of Past Services of RTP for

pension and promotion, the need to exempt the postal

department from the purview of Screening Committee

and ban on creation of justified posts, Postal Act

Amendment Bill, Various Allowances, the date of

implementation from 01-01-2006, the need of point to

point fixation and Master Scale (Running Scale) etc.

The delegation appraised the Pay Commission about

the GDS problems also and requested to consider

and recommend to pursue their cause also by the

proposed pay commissions in future. Within the

permissible time, we are consciously clear that we

did the job sincerely and effectively.

The 6th Pay Commission will call upon all the

unions separately during February 2007 to discuss again

about their memorandums. We are confident, that we

will utilise that occasion also to the best possible.

u FEDERAL SECRETARIAT MEETING

The Federal Secretariat meeting was held at 3:00

p.m. on 4th January 2007. All issues confronting the

staff were discussed. It was decided that a higher form

of agitational programme be launched with the

consultation of the FNPO during March 2006 and the

following shall be the demands for such programme.

i. Appointment of Judicial Committee for GDS.

ii. Exempt postal department from the purview of

reduction of establishment strength.

iii. Withdraw franchising postal outlets, closer of post

offices / RMS offices etc.

iv. Accord recognition of Federations and set up

Regional Council / Departmental Council etc.

v. Complete takeover if POSB and PLI by the

Department of Posts and accord all powers to

Postal Board as like Railway Board

u JCA MEETING

National level Postal JCA meeting was held on

24-01-2007 to finalise the agitational programmes and

to form the charter of demands.

After elaborate discussions about the attacks on

services and staff unleashed by abolition of post offices,

merger of divisions, closure of mail offices / sections,

curtailment of delivery and letter box clearances, non

filling up of vacant posts and extension of Screening

Committee and its application to postal department,

non formation of Judicial Committee for GDS, irregular

combination of duty and reduction of TRCA etc. to GDS,

vindictive actions and victimisations prevailing in circles

like Tamilnadu, Andhra, MP, Rajasthan, Karnataka etc.

Page 9: bhartiya post march 2007

9BHARTIYA POST MARCH, 2007

the Postal JCA has unanimously decided to launch

phased programme of action culminating to an indefinite

strike during March 2007. The action programme

decided therein is as given below.

u 13-02-2007 to 22-02-2007 - Campaign & Demands Propaganda progamme

u 23-02-2007 - Dharna at Regional, Circle & Directorate

u 26-02-2007 to till the date - Campaign, Propaganda & Mobilisation of Support for the strike.

of Indefinite Strike

The date of indefinite strike will be announced on

the date of Dharna (i.e.) 23-02-2007 by the Postal JCA.

The copy of the Postal JCA Circular is annexed with

this News Bulletin. The charter of demands are

contained therein.

All Divisional / Branch / Circle Secretaries are

requested to ensure the implementation of

campaign programmes in their respective units

very effectively as decided by the JCA and

prepare for the indefinite strike in full vigour.

u TBOP / BCR COURT CASE

The court case relating to higher pay scale for TBOP

/ BCR came up for admission in the Delhi High Court on

29-01-2007. The General Secretary, Com. K.V.

Sridharan, personally witnessed the arguments. The case

was first time admitted by the High Court and next hearing

probably the final continuous hearings will be held on 09-

08-2007 and onwards. Our advocate during his argument,

has mentioned about the Dutta Committee report and

subsequent Inter Departmental Committee in which out

of seven members, only two are disagreed to implement

the higher pay scale recommendations of the Dutta

Committee. Let us hope for the best in the next hearing

to be held on 09-08-2007.

u PERIODICAL MEETING WITH DG POSTS

The next periodical meeting with the DG Posts

shall be held during February 2007. The subjects were

earlier notified for the meeting.

u JCM DEPARTMENTAL COUNCIL

The Department in its communication vide letter

No. 6-2/2002-SR (Vol.II) dated 18-01-2007 has

extended the period of the Council upto June 2007.

Unless the Federation is recognised, the problems in

reviving the RJCM Councils at Circle Levels, change

of nomination for RJCM etc. will not be settled. We

should evince serious efforts to get recognition of the

Federation to solve the present predicaments prevailing

in almost all the circles. The next Departmental

Council Meeting is expected to be held in March 2007.

u CONFEDERATION NATIONAL EXECUTIVE

The National Executive of the Confederation of

Central Government Employees and Workers is

scheduled to be held on 06-02-2007 at New Delhi.

The problems like delay in grant of interim relief,

shortage of staff, Judicial Committee for GDS will be

discussed in the meeting.

Meanwhile, the Confederation has rendered oral

evidence before 6th Pay Commission. Our Secretary

General, Com. C.C. Pillai has also attended the

meeting. The minimum wage and revision of pay as

per NNP and at par with Public Sector employees for

the Central Government employees have been forcibly

placed before the commission on the basis of formula

prescribed by the 5th CPC. The leaders also

demanded the 6th CPC to submit interim report on

interim relief to the Government. The commission has

assured a favourable decision in this regard.

u MEETING WITH SECRETARY (P) ON 01-02-2007

As the Postal JCA, Tamilnadu has given notice for

indefinite strike from 06-02-2007 demanding to drop

the moves like closures of post offices, merger of

divisions / sorting offices, curtailment of deliveries,

harassment oN GDS to procure PLI business, irregular

combination of duty etc, a delegation of NFPE under

the leadership of Com. C.C. Pillai, Secretary General

met the Secretary (Posts) on 01-02-2007 evening. The

Secretary (Posts) informed that he has already

instructed the Chief Postmaster General, Tamil Nadu

Circle to drop all such actions and have dialogue with

the circle leaders. He assured that he will cause

suitable instructions to settle the issues amicably in

Tamilnadu. The present tension prevailing at Madhya

Pradesh Circle was also discussed. It was assured

by the Secretary that he will intervene and set right

matters. The decision of the Postal JCA about the

indefinite strike and the need to settle the demands

forthwith was also discussed with him.

u ATTENTION OF CIRCLE SECRETARIES !!

i. Please intimate by next post whether notional LSG,

HSG.II promotions were accorded from 1983

onwards upto 2002 as per the check list in your

circles. If not accorded what is the reason? Who

is responsible?

ii. Whether the 1/3rd LSG vacancies upto 18-05-

2006 were filled up in LSG / HSG.II posts from

2002. If not, what is the reason?

Page 10: bhartiya post march 2007

10BHARTIYA POST MARCH, 2007

iii. Please intimate whether the HSG.I promotions were

accorded as per the November 2006 Directorate

orders. If not, please inform the present position.

iv. What is the position about the LSG APM

Accounts in your circle? Whether any DPC is

convened for the promotion of Accounts line

officials. Please intimate the position.

v. In Karnataka circle it is brought to our notice that

the Bench Mark method has been applied for LSG

promotion. That should not be. What is prevailing

in your circle.

vi. Please intimate about the position of filling up of

residual vacancies from 2000-2001 to 2005-2006.

Whether all the posts earmarked for LGOs have

been filled up. If not please collect and inform the

number of vacancies unfilled up under the residual

vacancies in your circle.

Since we have notified these items as demands in

ensuing indefinite strike, we should have first hand

information during discussions. All Circle Secretaries

are requested to furnish the details by next post and

cooperate with the CHQ to settle the issues once for all.

u CONFEDERATION MEETING ON 06-02-2007

AND DISCUSSIONS THEREON

The National Executive Meeting of the

Confederation of Central Government Employees and

Workers has been held at New Delhi on 06-02-2007

at 11:00 A.M. After having a lengthy discussions on

various issues like submission of memorandum to 6th

Pay Commission, review of the 14th December 2006

strike, delay in grant of interim relief, non formation of

Judicial Committee to consider the problems of GDS

etc., it was unanimously resolved to hold Dharna on

20-03-2007 throughout the country and the prolonged

agitation (strike) programme in May 2007 preferably

in the third week.

DEMANDS

i. Grant of Interim Relief: Rs.1000. There is no

likelihood of this demand being got conceded

immediately. The Confederation while deposing

before the 6th CPC has forcefully argued for

making an immediate report by the Commission

to the Government as per the terms of reference.

However, the Commission has not indicated

anything positive in the matter. They have only

stated that they would be able to take a view only

after the Staff Side is heard on the subject. This

is likely to take place only in April, 2007.

ii. Mandate the 6th CPC to make the recommendation

effective from 01-01-2006. Despite the forceful

presentation of this matter, no assertive position

has been taken by the 6th CPC.

iii. Set up an independent judicial committee for GDS.

The Postal Board has already set up a

bureaucratic committee. The NFPE and FNPO

have already taken the stand that the bureaucratic

committee is not acceptable to them. Having set

up such a committee on the last occasion, there

is no sound reason for the rejection of this

demand. If the bureaucratic committee comes

into being without getting challenged, it would

become a fait accompli incapable of removing

the decision later.

iv. Remove the ceiling on compassionate

appointment. The DOPT is dilly-dallying the issue.

There is a discernible opposition to adhere to the

Cabinet Secretary's assurance in the matter when

the strike charter was discussed. This, if allowed,

will be an organisation set back. This attitude of

the DOPT should be fought back.

v. Lift the ban on recruitment. Instead of lifting the

ban, which ought to have come to an end in May,

2006, the Government has now extended it by

another three years, on the specious plea of

setting up the 6th CPC. It may be noted that the

6th CPC has been given time only 18 months,

whereas the extension is for three years. The

workload in many departments has become

unbearable due to the continuing ban on

recruitment. There had been no ban on the

recruitment of Gr. A Officers and in the case of

Gr. B the ban is inoperative.

vi. Withdrawal of the new pension scheme. The

Government is confabulating with the main

opposition in the Parliament to get the bill passed.

They have convened Chief Ministers' Conference

where they have already obtained a majority opinion

in favour of the new scheme. After the said

meeting, the Government has decided to invest

5% of the accumulated funds in the Stock market.

vii. Regularisation of the daily rated employees within

a course of three years and grant of equal pay to

them as is given to the regular employees

The Confederation has further decided to hold

demonstration on 23-02-2007 before all Central

Government Offices by extending solidarity support

to the Dharna Programme launched by the Postal JCA

and all the affiliates are instructed to issue telegrams

Page 11: bhartiya post march 2007

11BHARTIYA POST MARCH, 2007

demanding immediate formation of Judicial Committee

to consider the problems of GDS.

On the question of Pension Fund Privatisation and

PFRDA bill, it was decided to discuss the same with

the leaders of AISGEF for having a day's programme

in the first / second week of March 2007. The date

and programme will be announced after consulting the

State Government Employees Federation leaders.

u ARBITRATION AWARDS

There was a meeting held on 05-02-2007 to

discuss about the pending arbitration awards and the

following is expressed by the leaders on the subject.

i. Grant of HRA arrears - The Government is not in a

mood to disburse arrears for 19 months from

01-01-96 to 31-07-97. The Staff Side requested

to disburse the arrears atleast from 01-01-97. No

decision arrived.

ii. Transport Allowance - The Government is unwilling

to implement the award and brought under Slab

System. Assured to implement the rate as per

the existing system without any retrospective effect.

iii. Grant of Conveyance Allowance @ Rs. 30 p.m. -

As huge expenditure is involved. Unwilling to

implement the award.

In short, there is no tangible results in settlement

of arbitration awards. The Government, in short,

decided not to implement the pending Sixteen

arbitration awards and dilute the decisions.

u DEARNESS ALLOWANCE

An increase of 6% Dearness Allowance is likely

from 29% to 35% w.e.from January 2007.

Let us meet in the next!

With seasons greetings,

K.V. Sridharan

General Secretary

BENEVOLENT FUND FOR GDS-A SCHEME LAUNCHEDIN TAMIL NADU CIRCLE

The Tamil Nadu Circle union placed a subject in

the Four Monthly Meeting with Chief Postmaster

General, Tamil Nadu Circle requesting to enhance

the grant of Welfare Assistance to GDS for major

surgery/ailment on 17-10-2006.

Based on the discussions, a Circle Benevolent

Fund for GDS has been introduced in Tamil Nadu.

The gist of the scheme is as follows :-

1. It consists the Chief Postmaster General as

President; All Regional PMGs are Vice Presidents,

DPSs as Executive Vice President, ADSR

(Welfare) as Secretary, Welfare Inspector & Circle

Secretary, AIPEDE Union as Joint Secretaries,

ASO (Budget) as Treasurer and all members of

Postal Welfare Board and three regional

representatives of AIPEDE Union as Members.

2. The scheme is effective from 01-12-2006 and

compulsory to all GDS officials.

3. Every year December, a sum of Rs. 60/- will be

recovered as annual subscription from GDS for

next year.

4. (i) Out of this Benevolent Fund, a sum of Rs.

10,000/- will be paid to the nominee of the

deceased official.

(ii) Major Surgical operations, Financial

assistance upto Rs. 7500/- will be paid for

sundry expenses.

5. The managing committee may mobilise finances

for this welfare scheme by raising donation, sale

of tickets of benefit shows, by issue of a souvenir

with paid advertisements and by any other means

approved for the purpose.

6. The managing committee will negotiate with

General Insurance Co. for obtaining Group

Personal Accident Policy initially for Rs. 20,000/-

subject to review and revision in next financial year.

An approved constitution for the Benevolent Fund

has been circulated and the scheme came into effect

from 01-12-2006, our appreciations to the circle union,

Tamil Nadu Circle and in particular to the ED union

Circle Secretary, Tamil Nadu Circle Com. R. John Britta

for the initiation of the scheme locally in his state.

A spate of money orders are being received towards the subscription of Bhartiya Post from Andhra,

Assam, Orissa and Tamilnadu Circles. We record our sincere thanks to the Circle Secretaries & Branch

Secretaries for their unstinted efforts to increase the subscription to our monthly journal. Let others be

come forward and involve to increase the number of Bhartiya Post readers.

ENCOURAGING

Page 12: bhartiya post march 2007

12BHARTIYA POST MARCH, 2007

When an officer who exercised Judicial or Quasi-Judicial powers acting negligently orrecklessly could be proceeded against by way of disciplinary action

(2006) 5 Supreme Court Cases 680(Before Ruma Pal, C.K. Thakker and Markandey Katju, JJ.)

the fact that the disciplinary authority had complied

with all the necessary procedures for passing the

impugned order. However, the action of the

disciplinary authority was challenged before the

Central Administrative Tribunal on the ground that

no disciplinary proceedings would lie against an

officer discharging judicial / quasi-judicial functions

unless there was an element of moral turpitude.

The Central Administrative Tribunal upheld the

finding of the gross negligence on the part of the

respondent. But it was held, relying upon the

decision of this Court in Zunjarrao Bhikaji Nagarkar

v. Union of India that disciplinary proceedings

would not lie against the officer discharging quasi-

judicial functions unless it were established that

the officer concerned had obtained an undue

advantage thereby or in connection therewith.

3. The decision of the Tribunal was challenged by

the appellants before the High Court. The High

Court came to the conclusion that since no ulterior

motive was alleged against the respondent, the

Tribunal was correct in quashing the proceedings

against the respondent.

4. Learned counsel appearing on behalf of the

appellants in impugning the order has submitted

that the decisions of the Tribunal and the High

Court have incorrectly proceeded on the law as it

now stands on the issue.

5. The law on the subject was considered in extenso

in the three-Judge Bench decision of Union of India

v. K.K. Dhawan wherein it was noted that the view

that no disciplinary action could be initiated

against an officer in respect of judicial or quasi-

judicial functions was wrong. It was further said

that the officer who exercises judicial or quasi-

judicial powers acting negligently or recklessly

could be proceeded against by way of disciplinary

action. The Court listed six instances when such

action could be taken: (SCC p. 67, para 28)

"28. (i) where the officer had acted in a manner as

would reflect on his reputation for integrity or good

faith or devotion to duty;

(ii) if there is prima facie material to show

recklessness or misconduct in the discharge of

his duty;

UNION OF INDIA AND OTHERS ….. Appellants;

Versus

DULI CHAND …. Respondent.

Civil Appeal No. 2168 of 2006 decided on April21, 2006

Service Law - Departmental enquiry - Againstquasi-judicial exercise of power negligently -Permissibility - Initiation of disciplinaryproceedings for committing gross negligencewhile discharging quasi-judicial functions, held,nonetheless permissible - Hence, punishmentawarded consequent thereto, upheld

The respondent was punished by the disciplinary

authority on the ground that he had negligently allowed

claims for refund to an applicant on three different

occasions. The punishment imposed was stoppage of

two annual increments with cumulative effect. The

respondent successfully challenged the action of the

disciplinary authority before CAT on the ground that no

disciplinary proceedings would lie against an officer

discharging judicial / quasi-judicial functions unless there

was an element of moral turpitude. CAT upheld the finding

of gross negligence on the part of the respondent but

relying on the decision in Zunjarrao case, (1999) 7 SCC

409, quashed the proceedings against him. The High

Court upheld the decision. The Government then filed

the present appeal by special leave.

Before the Supreme Court the appellant

Government contended that the impugned decisions

were not consistent with the law as it stands at present.

ORDER1. Leave granted.

2. The issue in this appeal is whether disciplinary

action could be taken against the respondent

employee on the ground that the employee had

been found to be grossly negligent while

discharging quasi-judicial functions. We need not

go into the factual aspect of the dispute except to

record that the respondent had been punished by

the disciplinary authority on the ground that he

had negligently allowed claims for refund to an

applicant on three different occasions. The

punishment imposed was stoppage of two annual

increments with cumulative effect. It may also be

noticed at this stage that there is no challenge to

SUPREME COURT'S HISTORICAL JUDGEMENT

Page 13: bhartiya post march 2007

13BHARTIYA POST MARCH, 2007

(iii) if he has acted in a manner which is unbecoming

of a government servant;

(iv) if he had acted negligently or that he omitted the

prescribed conditions which are essential for the

exercise of the statutory powers;

(v) if he had acted in order to unduly favour a party;

(vi) if he had been actuated by corrupt motive, however

small the bribe may be because Lord Coke said

long ago 'though the bribe may be small, yet the

fault is great.'

6. The court, however, made it clear that ultimately

the matter would have to depend upon the facts of

a particular case. The present case would fall

squarely within the fourth instance listed above.

7. The decision in K.K. Dhawan case was considered

by this Court and followed in Government of T.N. v.

K.N. Ramamurthy. In that case the Tribunal had

set aside the order imposing punishment on an

officer who had been discharging judicial functions.

The Court was of the view that the Tribunal's action

was contrary to the several judgments of this Court

and the settled law on the question.

8. In 1999 another Bench of two Judges in Zunjarrao

Bhikaji Nagarkar considered and referred to these

earlier decisions. However, the Court appears to

have reverted back to the earlier view of the matter

where disciplinary action could be taken against

an officer discharging judicial functions only

where there was an element of culpability

involved. Since in that particular case there was

no evidence whatsoever that the employee had

shown any favour to the assessee to whom

refund had been made, it was held that the

proceedings against him would not lie. In fact,

the Court set aside the disciplinary proceedings

at the stage of the issuance of charge-sheet to

the charged officer.

9. In our opinion, Nagarkar case was contrary to the

view expressed in K.K. Dhawan case. The

decision in K.K. Dhawan being that of a larger

Bench would prevail. The decision in Nagarkar

case therefore does not correctly represent the

law. Inasmuch as the impugned orders of the

Tribunal and the High Court were passed on the

law enunciated Nagarkar case this appeal must

be allowed. The impugned decisions are

accordingly set aside and the order of punishment

upheld. There will be no order as to costs.

APPRENTICSE CANNOT CLAIM RIGHT OFREGULARIZATION: SUPREME COURT

Says they are not workers and labour law provisions do not apply to them

An apprentice in an industrial establishment

cannot claim the right off regularization,

the Supreme Court has held.

While an apprentice was also treated to be a

workman for the purposes of the Industrial Disputes

Act, 1947, by virtue of Section 18 of the Apprentices

Act, 1961, it had been categorically provided that

apprentices were not workers and the provisions of

any law with respect to labour would not apply to or

in relation to such an apprentice, a Bench of Justices

A.R .Lakshmanan and Altamas Kabir said.

In the instant case, the National Small Industries

Corporation (NSIC) appointed Respondent

V.Lakshiminarayanan as an apprentice but his

services were not regularized.

He approached the Labour Court and it directed

has regularization. The Madras High Court confirmed

the order.

The present appeal by the NSIC was directed

against this judgment.

EXCEPTIONS

The Apex Court said that even assuming that

the Respondent was a workman within the meaning

of the ID Act, on account of his contractual nature,

his case would come within the exceptions provided

under the Act.

"In such a case also, the provisions of Section

25-F of the ID Act [relating to termination of

apprentices] would have no application to the

Respondent's case," the Bench said.

"The High Court appears to have been impressed

by the reasoning of the labour court with regard to

the finding that although designated as an apprentice,

the Respondent was not undergoing training but was

an employees doing full time work in the

establishment," the Bench said.

Materials on record did not support such a view,

the Bench said and set aside the impugned

judgment.

(Courtesy: The Hindu, Chennai dated 20-11-2006)

Page 14: bhartiya post march 2007

14BHARTIYA POST MARCH, 2007

ARE WE DECEIVED?Com. B.G. Tamhankar, our Ex. President sought an information under RTI Act 2005 regarding Grant of

Bonus and the department has supplied the statement as to how the Bonus for 62 and 65 days for the year

2003-04 and 2004-05 were arrived in its letter No. 3-6/2006-CT G (P) / TR - 31232 dated 25-01-2007.

The most shocking news in the said letter is that the file for payment of 62 and 65 days bonus to the

employees of postal department for the year 2003-04 and 2004-05 respectively were sent to Ministry of Finance

for approval but only 60 days bonus was approved by the Ministry of Finance for payment.

So! Loss of 7 days Bonus for two years!

STATEMENT SHOWING THE TOTAL EQUIVALENT UNITS CONSIDEREDFOR THE PURPOSE OF PLB 2003-2004

S.No. PARTICUALRS FIGURES IN LAKHS1. Units for total inland registered and unregistered mails 145258

2. Units for Postal Life Insurance 1201

3. Units for all pension transactions 1133

4. Units for total foreign registered and unregistered mails 2193

5. Units for telephone bills handled 685

GRAND TOTAL 150471

PRODUCTIVITY LINKED BONUS FOR THE YEAR 2003-2004S.No. PARTICUALRS BASE YEAR 2003-2004

AVG. OF94-95 & 95-96

1. Total work laod inequivalent units (in lakhs) 126020 150471

2. Number of staff 404773 405722

3. Productivity per staff 31133 36986

4. Increase in % with reference to base year 18.80%

5. Add for other items 0.50%

6. The total percentage increase with reference to base year 19.33%

7. Entitlement for 100% productivity (days) w.r.t. base year 43

8. Productivity bonus for the year 2003-2004 indays 62.33

(1 day for each 1% increase over 100% productivity in the base year)

(fractions of 0.5 and above to be rounded off to next higher digit) say 62 days

STATEMENT SHOWING THE TOTAL EQUIVALENT UNITS CONSIDEREDFOR THE PURPOSE OF PLB 2004-2005

S.No. PARTICUALRS FIGURES IN LAKHS1. Units for total inland registered and unregistered mails 147650

2. Units for Postal Life Insurance 1682

3. Units for all pension transactions 1187

4. Units for total foreign registered and unregistered mails 1368

5. Units for telephone bills handled 694

GRAND TOTAL 152581

PRODUCTIVITY LINKED BONUS FOR THE YEAR 2003-2004

S.No. PARTICUALRS BASE YEARAVG. OF 2004-2005

94-95 & 95-961. Total work laod inequivalent units (in lakhs) 126020 1525812. Number of staff 404773 4017403. Productivity per staff 31133 379804. Increase in % with reference to base year 21.99%

Page 15: bhartiya post march 2007

15BHARTIYA POST MARCH, 2007

5. Add for other items 0.50%6. The total percentage increase with reference to base year 22.49%7. Entitlement for 100% productivity (days) w.r.t. base year 438. Productivity bonus for the year 2003-2004 indays 65.49

(1 day for each 1% increase over 100% productivity in the base year)(fractions of 0.5 and above to be rounded off to next higher digit) say 65 days

Letter No. P/2-19/Chennai, Date: 27 January2007 addressed to Com. C.C. Pillai, SecretaryGeneral, National Federation of Postal Employees.u Problems of Electrical Staff and Pay Fixation

etc. - reg.Dear Comrade,

In Tamil Nadu Circle, the Postal CircleAdministration recruited Electrical Staff called aswireman & workman in the year 1983 & 1984 tomaintain the postal buildings and offices. Thequalification was fixed as matriculation with ITI coursein Electrical Grade (2 years course certificate).

The recruited staff are granted with the pay scaleof Group D and their pay scale now drawn is Rs.2550-55-2660-60-3200. Eventhough their duties aremost responsible and important than the duties ofGroup D cadre, they are treated as unskilled GroupDs. They have to attend the following works.(i) Wiring work;(ii) Cabling;(iii) LAN cable wiring for computerisation of POs;(iv) Maintenance of UPS;(v) Maintenance of Batteries;

(vi) Maintenance of generators;(vii) Maintenance of various types of motors;(viii) Pump operations;(ix) All kinds of repairs in electrical appliances like

fans, heaters etc.(x) Fixing / installation of Panel Board and

attending repairs.Further they have not granted ACP

promotions. The Railway Board in its letter No.PC-V/404 dated 31-03-2004, envisaged that 50%of temporary status CL service followed byregular absorption counted towards the minimumservice for the grant of ACP. This has also notbeen extended to these categories.

Since they are postal staff only and not coveredor controlled by the civil wing, it is requested to takeup their case with appropriate authorities and also6th CPC to consider higher pay at least in theexisting pay scale of Rs. 3200-85-4900.

It is requested further to take up this issue withthe department and see justice be rendered to theseexploited categories of Tamil Nadu Circle.

With greetings,

ACTUAL STAFF STRENGTH OF IMPORTANT CATEGORIES AS ON 31-03-2005NON-GAZETTED (Postal Wing)

Group "C" Nos. Group 'D' Nos.Asstt. Superintendent of Post Offices 1410 Packer 6649

Inspector of Post Offices 1474 Mail Peon 2434

Higher Selection Grade Letter Box Peon 1106

HSG - I 1624 Messenger 370

HSG - II 1624 Orderly 300

Lower Selection Grade 6904 Daftry 202

Postal Assistant (including Treasurers & Assistant Treasurers) 90194 Peon 771

Mail Overseer 2977 Sweeper 656

Cash Overseer 862 Farash 122

Head Postman 696 Waterman 270

Postman including Stamp Vendor 48682 Chowkidar 1080

Sorting Postman 2627 Jamadar 693

Overseer Postman 358

(Source - Book of Infromation 2004-05)

PROBLEMS OF ELECTRICAL STAFF & PAY FIXATIONCHQ WRITE TO SECRETARY GENERAL, NFPE

Page 16: bhartiya post march 2007

16BHARTIYA POST MARCH, 2007

1. Total Number of Postal Circles 22

2. Total Number of Postal Regions 37

3. Total Number of Postal Divisions 441

4. Total Number of Circle Stamp Depots 19

5. Total Number of Postal Store Depots 46

6. Total Number of RMS Divisions 70

7. Total Number of Postal Training Centres 6

8. Total Number of Post Offices in the Country 155,516

9. Total Number of Post Offices in Rural Areas 139,120

10. Total Number of Post Offices in Urban Areas 16,396

11. Number of Head Post Offices 822

12. Number of Sub Post Offices 25,113

13. Number of ED Sub Post Offices 2,398

14. Number of ED Branch Post Offices 127,183

15. Number of Delivery Post Offices 144,900

16. Number of Post Offices with Telegraph Facility 19,512

17. Number of Night Post Offices 172

18. Speed Post Centres in the Country 157

19. Total Number of Countries covered under International Speed Post 73

(Merchandise & documents - both)

20. Number of Countries covered under International Speed Post (documents only) 24

21. Population served by a Post Office* 7,046

22. Population served by a Post Office (in Rural Area)* 5,617

23. Population served by a Post Office (in Urban Area)* 19,165

24. Area served by a Post Office (Sq. Km.) 21.10

25. Average distance to be travelled for Postal facilities (in Km.) 2.59

26. Total Number of GPO 17

POSTAL NETWORK AT A GLANCE

Projected population as on 01-03-2005 on the basis of population projections by technical group

constituted by National Commission on population. (Source - Book of Infromation 2004-05)

FORM-IV(See Rule 8)

BHARTIYA POST1. Place of Publication : New Delhi

2. Periodicity of its Publication : Monthly

3. Printer's Name : R.N. Chaudhary

(Whether citizen of India; if : Yes

foreigner state the country

of origin)

Address : Dada Ghosh

Bhawan 1, Patel Road,

New Delhi-110008

4. Publisher's Name : R.N. Chaudhary

(Whether citizen of India; if : Yes

foreigner state the country

of origin)

Address : Dada Ghosh

Bhawan 1, Patel Road,

New Delhi-110008

5. Editor's Name : K.V. Sridharan

(Whether citizen of India; if : Yes

foreigner state the country

of origin)

Address : Dada Ghosh

Bhawan 1, Patel Road,

New Delhi-110008

6. Name and addresses of : Wholly owned by

individuals who own the All India Postal

newspaper and partners Employees Union Cl.-III

or share-holders holding CHQ, New Delhi-8

more than one percent of

the total capital

I, K.V. Sridharan, hereby declare that the particulars

given above are true to the best of my knowledge and

belief. Sd/-

Dated : 15-02-2007 (K.V. Sridharan)General Secretary

Page 17: bhartiya post march 2007

17BHARTIYA POST MARCH, 2007

NATIONAL FEDERATION OF POSTAL EMPLOYEES1st Floor, Post Office Building, North Avenue P.O., New Delhi-110001

FEDERATION OF POSTAL ORGANIZATIONST-24, Atul Grove Road, New Delhi-110001

PF/Postal JCA/01/07 Dated: 29th January 2007

START FOOT JATHAS IN ALL DIVISIONSARRANAGE MEETINGS IN ALL TOWNS

ORGANISE WORKERS, POPULARISE DEMANDS.

UTILISE CHQ/CIRCLE OFFICE BEARERS.

To,

Shri I.M.G. Khan

Secretary,

Department of Posts,

Dak Bhawan,

New Delhi-110001.

Dismantling of Postal Services and staff-

Agitational Programme thereof.

Sir,

It has been brought to the notice of the above

Federations and its affiliated unions by the Circle

Unions that the Heads of Circles are ordering closure

of offices, merger of Divisions, outsourcing Postal

functions through franchisee Postal outlets etc. The

Heads of Circles are implementing all these

dismantling activities without discussing with the

staff side. This has generated serious resentment

among the entirety of Postal Employees.

The Postal Joint Council of Action comprising

NFPE and FNPO met at New Delhi on 24th January,

2007 and chalked out an agitational programme for

settlement of following charter of demands. If these

demands are not conceded the staff side has no other

alternative but to launch sustained nationwide struggle

action including indefinite strike during March, 2007.

CHARTER OF DEMANDS

1. Appointment of Judicial Committee/Commission

for G.D.S. and grant Status and Pension to GDS

employees.

2. Exempt Department of Posts from the purview of

reduction of staff strength and fill up all vacant

posts in all cadres in Postal/RMS/MMS/Circle/

Regional offices/Postal Accounts and GDS,

including residual vacancies.

3. Drop Franchising of Postal Outlets Scheme, Stop

closure of Post Offices/RMS Offices Transit

Sections/Relocation & merger of offices and

Divisions, Stop combination of beats of

Postmen/Stop Curtailment of Postal deliveries,

Outsourceing of PAO functions etc.

4. Ensure monopoly of collection, conveyance and

delivery of letter mail by the Department of Posts

as recommended by the Parliamentary standing

committee.

5. Regularise casual Labourers/Full Time/Part Time

Contingency paid.

6. Filling up of all Norms based LSG/HSG II, HSG-

I posts.

7. Encashment of all pending bills OTA/TA/Medical/

RPLI Commission etc.

8. Grant Compassionate appointments to eligible

candidates and absorb all approved candidates.

9. Complete take over of POSB and PLI by the

Postal Department and accord full Autonomy to

the Postal Board as in the case of Railway Board.

10. Recognition of Federations and setting up of

councils at all level.

We would urge upon you to cause appropriate steps

for early settlement of above demands so as to create

congenial atmosphere in the Department of Posts.

With regards.

Yours sincerely

Sd/- Sd/-

(C.C. Pillai) (D. Theagarajan)

Secretary General Secretary General

NFPE FNPO

Page 18: bhartiya post march 2007

18BHARTIYA POST MARCH, 2007

NATIONAL FEDERATION OF POSTAL EMPLOYEES1st Floor, Post Office Building, North Avenue P.O., New Delhi-110001

FEDERATION OF POSTAL ORGANIZTIONST-24, Atul Grove Road, New Delhi-110001

No. Postal JCA/01/07 Dated: 25th January 2007

Andhra, Tamilnadu, Karnataka, Madhya

Pradesh, Rajasthan etc. are received that the

Heads of the Circle are ordering closure of

offices, Transit Sections, merger of Divisions and

outsoursing M.O. and C.C. work of Postal Accts

etc. It is also noticed that the Heads of Circle are

dismantling existing infrastructure arbitrarily.

Agitating employees are victimized and vindictive

actions are taken against them.

All these issues confronting the entirety of

Postal employees have been discussed

threadbare and the Postal JCA had come to this

conclusion unanimously that we shall launch

sustained nation wide struggles culminating into

indefinite strike to stop dismantling of the

Department of Posts and its staff.

The following demands would besubmitted to the Department of Posts forimplementation.

CHARTER OF DEMANDS:1. Appointment of Judicial Committee/

Commission for G.D.S. and grant Status and

Pension to GDS employees.

2. Exempt Department of Posts from the purview

of reduction of staff strength and fill up all

vacant posts in all cadres in Postal/RMS/

MMS/Circle/Regional offices/Postal Accounts

and GDS, including residual vacancies.

3. Drop Franchising of Postal Outlets Scheme,

Stop closure of Post Offices/RMS Offices

Transit Sections/Relocation & merger of

offices and Divisions, Stop combination of

beats of Postmen/Stop Curtailment of Postal

To,

All Circle/Divisional/Branch Secretaries

of NFPE and FNPO unions,

STRUGGLE AGAINST ATTACKS ONPOSTAL SERVICES

Dear Comrades and Friends,

The Postal Joint Council of Action comprising

National Federation of Postal Employees and

Federation of National Postal Organization and

its affiliated unions met at NFPE office at 11 AM

on 24th January, 2007 to take stock of the

situation derived out of implementation of various

measures for abolition of Post Offices, RMS

Offices, Franchising Postal Outlets, merger of

Postal/RMS Divisions, Curtailment of Postal

deliveries, Reduction of staff strength etc. and to

decide future course of actions to halt all those

measures which are extremely detrimental to the

interest of the Department and its staff. The JCA

meeting was presided over by Shri D.

Theagarajan, Secretary General FNPO. All

General Secretaries of NFPE and FNPO

participated in the meeting.

Com. C.C.Pillai Secretary General, NFPE

elaborately reported the action initiated by the

Department of Posts with regard to downsizing

and outsourcing of Postal functions and closure

of Post Offices and RMS Offices. The entirety of

Postal Staff are facing extreme hardship due to

acute shortage of staff. The existing staff are not

in a position to carry out the day to day work in

Post Offices due to heavy increase in workload.

The staff could leave office only after three- four

hours after prescribed duty hours. The authorities

does not care to ameliorate the sufferings of the

staff by exempting Postal Department from the

purview of reduction of staff strength. The justified

demand of setting up of Judicial Committee for

GDS has not been conceded so far. A negative

approach is seen from the authorities concerned.

Reports from various circle unions like

The Day of Indefinite Strike will beanncounced during Dharna at Dak

Bhawan, New Delhi on 23-2-2007.Without Struggles, we will achieve

nothing.

INDEFINITE STRIKE

Page 19: bhartiya post march 2007

19BHARTIYA POST MARCH, 2007

deliveries, Outsoursing of PAO functions etc.

4. Ensure monopoly of collection, conveyance

and delivery of letter mail by the Department

of Posts as recommended by the

Parliamentary standing committee.

5. Regularise casual Labourers/Full Time/Part

Time Contingency paid.

6. Filling up of all Norms based LSG/HSG II,

HSG-I posts.

7. Encashment of all pending bills OTA/TA/

Medical/RPLI Commission etc.

8. Grant Compassionate appointments to eligible

candidates and absorb all approved candidates.

9. Complete take over of POSB and PLI by the

Postal Department and accord full Autonomy

to the Postal Board as in the case of Railway

Board.

10. Recognition of Federations and setting up of

councils at all level.

For settlement of the above charter of

demands the Postal JCA had decided to launch

following action programme throughout the country

as given below:

CAMPAIGN & PROPAGANDA FROM13-02-2007 TO 22-02-2007

Nationwide campaign and propaganda

among employees and general public will

commence at all circles from 13th February, 2007.

Branch/Division and Circle unions to meet MLAs/

MPs/Local Bodies etc. and submit memorandum.

Hold general body meetings in offices and

mobilize staff. Hold Jeep/Cycle Jathas and Foot

Jathas in Divisions and Circles culminating into

a Public meeting at all towns.

DHARNA BEFORE REGIONAL/CIRCLE HEADS& DIRECTORATE ON 23-02-2007

Day long Dharna from 11 AM to 4 PM before

All Regional/Circles Heads and Postal Directorate

to be organized demanding settlement of 10 point

charter of demands. All Circle Unions should

depute their representatives to participate in the

Dharna before Directorate.

26-02-2006 CAMPAIGN & PROPAGANDACampaign & Propaganda shall continue

vigorously at all Circle/Division/Branch till we go

for indefinite strike.

INDEFINITE STRIKEThe date of indefinite strike will be announced

during Dharna on 23-02-2007 at New Delhi.

We call upon all Circle/Divisional/Branch

Secretaries of NFPE and FNPO to revive JCA at

all levels and conduct vigorous campaign in their

respective Circles and Divisions to launch

sustained struggles including indefinite strike

during March 2007.

All Circle Secretaries are to hold working

Committee/Council Meetings and launch all

programmes effectively. They are also requested

to report the activities decided by them to the

respective CHQs and Federations.

With fraternal Greetings

Sd/- Sd/-

(C.C. Pillai) (D. Theagrajan)

Secretary General, NFPE Secretary General, FNPO

Sd/- Sd/- Sd/- Sd/-

(K.V. Sridharan) (Des Raj Sharma) (D. Kishan Rao) (Giri Raj Sharma)

General Secretary General Secretary General Secretary General Secretary

AIPEU Gr. 'C' AIPEU Postmen & Gr. 'D' NUPE Gr. 'C' AIRMS & MMS EU Gr. 'C'

Sd/- Sd/- Sd/- Sd/-

(D. Theagarajan) (T.N. Rahate) (P. Suresh) (S.P. Muherjee)

General Secretary General Secretary General Secretary General Secretary

NURMS & MMS E Gr. 'C' NUPE Postmen & Gr. 'D' AIRMS & MMS EU AIPAOEU Group 'C' & 'D'

MGs & Gr. 'D'

Sd/- Sd/- Sd/- Sd/-

(S. Noor Ahamed) (S.S. Mahadevaiah) (P. Rajanayagam) (P.U. Muraleedharan)

General Secretary General Secretary General Secretary General Secretary

NURMS & MMS E AIPEDEU AIPAEA NUED Employees

MGs & Gr. 'D'

Page 20: bhartiya post march 2007

20BHARTIYA POST MARCH, 2007

(Hkkjrh; iksLV dk fnlEcj&2006 dk lEikndh;)(Hkkjrh; iksLV dk fnlEcj&2006 dk lEikndh;)(Hkkjrh; iksLV dk fnlEcj&2006 dk lEikndh;)(Hkkjrh; iksLV dk fnlEcj&2006 dk lEikndh;)(Hkkjrh; iksLV dk fnlEcj&2006 dk lEikndh;)VsªM ;wfu;u dks ,d xfr'khy ifjorZudkjh (okbosazV Mk;usfed) laxBu gksuk pkfg,] vkSj ,d

fuf'pr mís'; ds lkFkA mlesa ,slh {kerk gksuh pkfg, tks Li"V :i ls lnL;ksa ds fgr esa dk;ZØevk;ksftr gksus pkfg, os Hkh lHkh izdkj ds vU;k; ds f[kykQ gksaA ,d izkFkfed lnL; dk ;g dk;ZgS] mldk lg;ksx dk;ZØeksa esa fy;k tk;A

laHkkxh;] 'kk[kk lfpoksa dks LFkkuh; Lrj ij lHkh 'kfDr;ksa dks xfrfof/k;ksa vkSj dk;ZØeksa esatksM+uk gS] tks Åij ls vkrs gSaA lokZf/kd vko';drk LFkkuh; Lrj ij ;g t:jr gS fd lnL;ksa dksfujUrj muls lacaf/kr egRoiw.kZ tkudkfj;ksa ls voxr j[kk tk;A lnL;ksa dks tkudkjhls ySl j[kus ls lfpo Hkh mlh izdkj muls lh[krk gSA lfpo dks ckj&ckj] tc Hkh lEHko gks lnL;ksals yxkrkj feyrs jguk pkfg,A lnL;ksa dh cqf¼eÙkk {kerk vkSj lg;ksx cuk;s j[ksaA lnL; dsoy oksugha gS tks yxkrkj f'kdk;rsa nwj djus dh xqgkj yxkrk gS] mlds ikl fopkj] ;kstuk vkSj og 'kfDrgS] tks f'kdk;rksa ds gy vkSj ekaxksa dh miyfC/k esa dke vkrh gSA lsØsVjh dks lnL; dsvUnj fNih 'kfDr dks mtkxj dj laxBu dks lqn`<+ cukuk gS vkSj vkUnksyu dks vkxs ys tkuk gSA

tkudkjh dks gj Lrj ij izpkfjr izlkfjr mRlkgiwoZd djuk pkfg,] mldh mis{kk ugha djukpkfg,A nks izdkj ds ek/;e gS] vFkkZr~ igyk ifji=] if=dk }kjk nwljk fujUrj vkSipkfjdvukSipkfjd ehfVax djds] bldk dksbZ vU; fodYi ugha gSA

vukSipkfjd cSBdksa] ppkZvksa vkfn dh dHkh mis{kk u dh tk; vkSj uk gh mUgsa jksdk tk;A osvfrfjDr ifji=@if=dkvksa tSlh lgk;d gksrh gSA tehu Lrj ij dk;ZdrkZ (dSMj) dks vo'; ghfodflr (izsfjr] izksRlkfgr) fd;k tk; vkSj mldh vkt Hkkxhnkjh dh l[r t:jr gSA

fuf'pr gh ;g ns[kk x;k gS fd QSMjs'ku] lh-,p-D;w- lfdZy }kjk dbZ dk;ZØe izdkf'kr fd;stkrs gSa ij os fiNys fnuksa iwjh fu"Bk ls dbZ LFkkuksa ij ugha cuk;s x;sA dSMj (dk;ZdrkZ) dks ,slsdk;ZØeksa esa 'kkfey ugha fd;k x;k] izsfjr izksRlkfgr ugha fd;k x;k] izf'kf{kr ugha fd;k x;k]dk;ZØe dSMj ds vHkko esa ek= jLe vnk;xh jg xbZA gesa ugha Hkwyuk pkfg;s ;fn ;gh fLFkfr tkjhjgrh gS vkSj dSMj dks izsfjr izksRlkfgd ugha fd;k tkrk vkSj la?k"kks± esa 'kkfey ugha fd;k tkrk rksNksVh&NksVh phtksa vkSj mDr fu;eksa ds fy;s gesa bartkj djuk gksxk mu eapksa ij fuHkZj jguk gksxktSls ts-lh-,e- tks dHkh le; ij ugha feyrs ;|fi ckj&ckj feyuk pkfg;sA

dSMj dh Hkkxhnkjh mudks izsj.kk izksRlkgu vkSj mudk lg;ksx vkt ds le; esa igyh t:jrgSA gekjs 'kk[kk@laHkkxh; lfpoksa dks ladYi ysuk pkfg;s fd mudh Hkkxhnkjh djsa] gM+rkyksa@dk;ZØeksa]vkanksyuksa esa iznf'kZr djsaA vkus okys fnuksa esa@orZeku O;o/kkuksa dks tks Hkh gksa] rqjar gVk;k tk;A lHkhdk;ZØeksa ls fØ;kUo;u dh xkjaVh gksA

bl fn'kk esa dM+h esgur djuh gksxh rkfd Hkkoh la?k"kZ lQy gksA

vljdkjh dk;Zokgh ds fy, dSMj fodflr djks^^,d fparu**

Page 21: bhartiya post march 2007

21BHARTIYA POST MARCH, 2007

LETTERS TO DEPARTMENTLetter No. P/2-1/Gudur, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Tenure posting of officials in single handed

and double handed post offices - preventive

vigilance measure - reg.

Ref.: (i) Your letter No. 8-4/2005- INV dated 22-09-

2005

(ii) This union letter No. P/2-1/Gudur dated

17-10-2006

It is constrained to note that this union letter under

reference is neither acknowledged nor replied so far.

The officials should not be deprived to work in the

offices of their choice due to the rare cases of frauds

taken place for which this alone is not the only reason.

There are many areas and ways to prevent frauds in

such cases.

It is requested to consider and relax the conditions

immediately or before the ensuing rotational transfer.

Soliciting response,

Letter No. P/2-1/Secunderabad HO, Date: 02

February 2007 addressed to The Secretary, Department

of Posts.

n Provision of Generator at Secunderabad HPO

in Andhra Pradesh Circle - reg.

The provision of providing a high power generator

to Secunderabad HO which is having more than 300

employees and fully computerised is being protracted

on one pretext or the other over three years.

The minor repairs which were executed for the

existing two generators become futile and in the absence

of generator, the officials are facing lot of difficulties

during the frequent power failures. The circle union's

repeated requests have not been taken due note of.

It is requested to cause necessary instructions to

the Chief Postmaster General, Andhra Pradesh Circle

to provide high power generator to this HO before the

end of the current financial year.

A line in reply about the action taken is highly

solicited.

Letter No. P/2-1/Guntakal, Date: 25 January 2007

addressed to Shri I.M.G. Khan, Secretary, Department

of Posts.

n Arbitrary and unjust merger of Guntakal Postal

Division - request status quo ante.

It is constrained to note that the Chief Postmaster

General, Andhra Pradesh Circle has caused orders

for the abolition of Guntakal Postal Division which was

in existence over decades.

It is most apt to mention that in the last RJCM

meeting, the Chief Postmaster General, Andhra

Pradesh Circle had replied that there was no proposal

to close down Guntakal Division. The Staff Side

demand to take fresh statistics has not been taken

into consideration and the division was abolished

arbitrarily without any prior notice. It disturbed the

seniority position of the officials and caused several

practical problems.

The staff unions are protesting the arbitrary move

and decided to launch series of trade union action in

case if status quo ante is not restored. There is a total

resentment over this arbitrary action of merging the good

old Guntakal Division with the defective statistics.

It is, therefore, requested to review the same

afresh and restore status quo ante by reforming the

Guntakal Division at the earliest.

Soliciting your immediate action,

Letter No. P/2-19/Chennai GPO, Date: 15 January

2007 addressed to Shri I.M.G. Khan, Secretary,

Department of Posts.

n Request for mitigating the problems faced by

officials of relocated Sowcarpet MDO at

Chennai GPO, Tamil Nadu Circle - reg.

Complaints are pouring into this union that the

above office has been shifted on 11-12-2006 in a hall

at Chennai GPO. This move has been carried out

without considering the sufferings of the staff in

particular and the customers in general.

The Chief Postmaster General, Tamil Nadu Circle

during her visit expressed her resentment for occupying

the hall by Sowcarpet MDO.

For shifting of the office the delivery staff are to cover

a vast area causing unavoidable delay in delivery work.

It may not be out of place to mention here that

suitable accommodations are available there which

have also been suggested by our circle union.

This union is of the considered opinion that when

we are planning to develop business activities, this

shifting will deprive our valued customers, as Sowcarpet

Area is well known for predominant business

community.

You are, therefore, requested kindly to issue

necessary order for shifting Sowcarpet MDO in a

suitable accommodation in the same area as

suggested by our circle union.

Awaiting your action,

Letter No. P/2-19/Dharmpuri, Date: 25 January

Page 22: bhartiya post march 2007

22BHARTIYA POST MARCH, 2007

2007 addressed to Shri I.M.G. Khan, Secretary,

Department of Posts.

n Confirmation examination to appear with the

aid of the helper to the vision impaired

officials - case of Tamil Nadu Circle - reg.

It is brought to our notice that one Smt. V. Ananthi,

Postal Assistant in Dharmpuri Division could not clear

the confirmation examination even after writing the

same for six times since her vision is impaired and

could not write independently.

As a special case, she requested the Chief

Postmaster General to allow her to appear the

confirmation examination with the assistance of a

helper and the same was granted by the Chief

Postmaster General vide letter No. B2/8-6/SP/2002

dated 18-12-2002 whereas no examination is

conducted so far to this official.

There may be many officials who are in the said

category and could not pass the confirmation exam.

It is, therefore, requested to cause orders to exempt

the blind officials from appearing of the examination or

to allow assistance to write the confirmation

examination and complete the process at the earliest.

A line in reply about the action taken is highly

appreciated.

Letter No. P/2-19/Cle, Date: 25 January 2007

addressed to Shri I.M.G. Khan, Secretary, Department

of Posts.

n Counting the training period for benefits of

promotion under TBOP / BCR scheme - reg.

Despite the clear instructions vide your office letter

No. 44-47/98-SPB.II dated 31-07-2000 & 27-07-2001,

that the period of induction training may also be counted

as qualifying service for the benefit of TBOP / BCR

promotions, this has not been implemented in many

circles.

To cite an instance, the circle IFA, Tamil Nadu

Circle has denied such kind of benefits to those

recruited and deputed for training before 01-01-86.

Based on the opinion, the Chief Postmaster General,

Tamil Nadu Circle has issued instructions vide his letter

No. STA/80-1/00/Rlgs dated 21-02-2003 in which it

was stated that the period of Induction training can be

taken for the benefit of promotion under TBOP / BCR

only if the person selected was under training on 01-

01-86 or deputed for training on or after 01-01-86, apart

the fulfilment of other conditions such as obligatory

nature of such training, immediate promotion on

completion of such training.

Resultantly, the officials granted with BCR

promotions based on the Directorate orders dated 31-

07-2000 taking into account of their training period for

promotion have faced recovery and re-fixation. The

opinion of the circle IFA to cut short the benefits from

01-01-86 is wrong and arbitrary one.

It is, therefore, requested to cause necessary

instructions to all the circle heads to count the training

period without any restriction and stop recovery

immediately.

Soliciting response,

Letter No. P/2-19/Salem East, Date: 25 January

2007 addressed to Shri A.K. Sharma, DDG

(Establishment), Department of Posts.

n Grant of HRA to the staff working at

Kannankurichi PO in Salem East Division in

Tamil Nadu Circle - reg.

It is brought to our notice that the proposal for the

grant of HRA to the officials working in the above said

PO at par with Salem has been forwarded to your office

vide PMG Western Region letter No. EST/82-128/2000

dated 31-07-2006. The same has not yet been decided

and ordered.

It is, therefore, requested to expedite orders to

draw the HRA to the eligible officials without any further

delay.

Soliciting immediate response,

Letter No. P/2-19/Cuddalore, Date: 25 January

2007 addressed to Shri I.M.G. Khan, Secretary,

Department of Posts.

n Collapse of congenial atmosphere at

Cuddalore division in Tamil Nadu Circle -

reg.

Ref.:(i) This union letter of even number dated

18-12-2006

(ii) Your No. 8-8/2006-SR dated 19-12-2006.

Apropos reference, it is constrained to note that

instead of improving the situation by arresting the anti-

worker attitude of the SPOs, Cuddalore, the position

is further deteriorating.

Since the Divisional Secretary, Cuddalore has

brought into light of the various inhuman activities of

the SPOs, Cuddalore, through Circle unions, he has

been chargesheeted under Rule 14 by the SPOs,

Cuddalore with fabricated and concocted charges. It

is most concern to say that even though the Divisional

Secretary, Cuddalore Shri M. Sundaramoorthy had

been reportedly promoted LSG APM Accounts line,

he has been ordered to work as Postal Assistant in

general branch, for which he has no authority.

The circle and regional administration, with closed

Page 23: bhartiya post march 2007

23BHARTIYA POST MARCH, 2007

minds and in the interest to protect the cruel Group B

official has not taken any action to render justice in

this case so far. The unbridled activities of the SPOs,

Cuddalore has not been arrested resulting total

resentment in the minds of the officials working in the

Cuddalore Division.

The circle union have decided to launch series

programmes of action demanding immediate shifting

of the SPOs, Cuddalore. A cruel and sadist officer

has been protected by the Circle Administration for

the reasons known to them only.

It is, therefore, requested to intervene effectively

and cause instructions to shift the SPOs, Cuddalore

immediately and restore peace and amity in Tamil Nadu

Circle.

Soliciting immediate response,

Letter No. P/2-19/Cle, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Recognition of private hospitals for taking

treatment in central region - case of Tamil

Nadu Circle - reg.

At present there is no approved hospitals other

than the Government hospitals available in the entire

districts of Thanjavur, Nagappatinam, Tiruvarur in the

Central Region and the officials have to spent money

from their own for any medical urgent treatment.

The requests of the union to recognise the bigger

hospitals like Vinodagan Hospital, Rohini Hospital etc.

at Thanjavur for taking treatment have not been

considered so far. Due to non availability of Co-

ordination Committee of Central Government

employees in these areas, the proposal has not been

taken up so far.

It is requested to cause instructions to the Circle

Administration to consider the requests and coordinate

with other Central Government organisations for

submitting proposals to authorise private hospitals for

taking treatment by the postal employees.

Soliciting response,

Letter No. P/2-19/Cle, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Waival of penal interest on HBA as one time

measure - case of Tamil Nadu Circle - reg.

Ref.: This union letter No. P/2-15/TN cle dated

09-10-2006

It is constrained to note that neither the reference

is acknowledged nor replied so far. The imposition of

penal interest of 2 ½ % over and above the normal interest

on HBA for non filling of certain conditions is still affecting

the employees. Our letter under reference has contained

all the details and the justifications thereon to condone

these items as one time measures since there were

many omissions and commissions on the part of the

Circle Administration also in these cases.

It is requested to consider the above and allow

waival of penal interest as one time measure for the

fault of non renewal of policy for the loans sanctioned

upto 2002 from which the provisions are properly

incorporated in the sanction memo.

Soliciting immediate response,

Letter No. P/2-19/Cle, Date: 01 February 2007

addressed to Shri I.M.G. Khan, Secretary, Department

of Posts.

n Alarming atmosphere prevailing in Tamil

Nadu Circle due to closure of post offices,

merger / reorganisation of divisions,

abolition of posts, reduction of mail section

/ number of deliveries by the Circle

Administration, Tamil Nadu Circle - reg.

Ref.:(i) This union letter No. P/2-15/TN Cle dated

09-10-2006

(ii) Your letter No. 16-75/2006-SR dated 13-

10-2006

A kind attention is invited to the above said

references and as per the request contained in your

reference, this union requested the Circle Secretaries

to desist the agitational approach as you have given

assurance for the effective intervention.

But the situation is not improved but deteriorated

further. The circle unions of all the three federations

have issued strike notice for the indefinite strike

commencing on 06-02-20006, demanding to drop various

anti-worker stand taken by the Circle Administration.

It is most worth to mention that the Heads of

Circles of Southern States met at Calicut recently and

took the following decision to implement arbitrarily and

without consulting trade unions.

(i) Reduce the letterboxe clearances to the extent of

40%.

(ii) Reduce the number of post offices either by merger

or by abolition.

(iii) Reduce the number of town delivery post offices

in the Town / Cities.

(iv) Close more mail offices by creating HUB and attach

the RMS officials at HPOs for sorting work.

(v) Reorganise the divisions and reduce the number

of divisions.

(vi) Downgrade more number of Head Post Offices and

convert them as MDG SOs.

(vii) Reduce the number of GDS officials irrespective

Page 24: bhartiya post march 2007

24BHARTIYA POST MARCH, 2007

of the workload and cause orders for the

combination of duties.

The Chief Postmaster General, Tamil Nadu Circle

caused instructions to all the Divisional Heads to bring

proposals for closure of post offices at least five of ten

per divisions on 14 & 15 February meeting. She

convened this meeting exclusively for this purpose.

Even the benefit making post offices are also now

subjected under this process. There is a total

apprehension prevailing amidst the officials about their

insecurity in the midst of unwarranted reforms.

The Chief Postmaster General has sent proposals

to reduce the RMS almost to the extent of 75% to the

Directorate and as a prelude is causing orders to close

sections in advance.

The Circle Administration proposed to close down

14 Head Post Offices in Tamil Nadu Circle and bring

them as MDG which is totally unwarranted and

unnecessary and cause many dislocations in the

existing arrangement and staff matters.

Similarly there is a proposal to close Salem West

Division by distributing the post offices into three

divisions. There is another proposal to close down

Srirangam, Vridhachalam, Arkonam divisons. The

PMG Chennai city region has proposed to reorganise

all the divisions according to district patterns and

desires to dismantle the existing set up in toto.

It is most appropriate to mention that the

department in its report to the 5th CPC has stated

that the reorganisation of divisions as pr the district

patterns has been dropped due to its unfeasibility and

eruption of practical problems. As such, the old theory

of "one district compulsorily one division" has been

taken as the principle by the PMG Chennai City Region

and desires to cause serious dislocations in the

Chennai City divisions, causing irreparable disturbance

in the seniority and staff matters.

The staff unions pointed out various irregularities

unleashed and also the sadist behaviour of the SPOs

Cuddalore and demanding action for his utterance about

the Father of the Nation, Mahatama Gandhiji as

"useless" in the staff meeting. Instead of taking

appropriate action against him by shifting, his misdeeds

are being patronised by the Circle Administration

despite more than 1420 officials of the Cuddalore

division represented against him. Now the SPOs

Cuddalore has issued a charge sheet to the Divisional

Secretary under Rule 14 on fabricated and concocted

reasons and by misusing his powers, he reverted him

from the regular LSG APM Accounts as Postal

Assistant in General branch for which the appeal

submitted by the official has not been disposed so far.

The Divisional Secretary is forced to remain on leave

due to non finalisation of appeal and request.

Adding fuel to fire, the Circle Administration has

issued two Rule 37 transfers to two officials in which

one official is transferred from Chennai to

Kanniyakumari which is about 650 kms for the simple

reason about non delivery of one article in which office

he was the SPM. Without any enquiry, by entertaining

the complaint of the public, the senior most official

was transferred under Rule 37. In another case, merely

for the complaint that the official has gone for lunch by

12:45 (15 minutes before 13:00 hrs), she has been

transferred under Rule 37 to an unpopular place having

a monetary loss to the extent of Rs. 3500/- per month.

The terror unleashed by invoking Rule 37 transfer for

flimsy reason has caused tension in the minds of all

the employees and they feel that they are in insecure

condition.

In nut shell, the entire Tamil Nadu is in tension

and the so-called unwarranted reforms which will only

disturb the officials and create many problems in their

service matters should be put into halt and the officials

be ensured to work in peaceful atmosphere.

It is, therefore, requested to intervene effectively

as if fire on the house and cause orders to keep

abeyance of all the moves forthwith.

A line in reply about the action taken is highly

appreciated.

Letter No. P/2-19/Sirkali, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Preparation of HVMO lists at posts office and

RMS offices - Revision of value - reg.

Ref.: This union letter No. P/2-15/TN cle dated 03-

11-2006

A kind reference is invited to the above cited

reference. After the State Government, Tamil Nadu

had enhanced the old age pension value from Rs. 200/

- to Rs. 400/-, the preparation of HVMO lists over lakhs

of money orders become inevitable.

In the existing shortage of staff, it is more difficult

to prepare HVMO list for the money orders beyond

Rs. 400/- since almost all the money orders exceed

the value of Rs. 400/-.

It is, therefore, requested to enhance the value of

HVMO at least from Rs. 400/- to Rs. 1000/-.

A line in reply about the action taken is highly

solicited.

Letter No. P/2-19/Thanjavur, Date: 01 February

Page 25: bhartiya post march 2007

25BHARTIYA POST MARCH, 2007

2007 addressed to The Secretary, Department of

Posts.

n Construction of new building for Thanjavur

HPO and divisional office - reg.

It is brought to our notice that the Circle

Administration, Tamil Nadu Circle has forwarded a

proposal to the Directorate along with the plan approval

for the construction of new building for Thanjavur HO

and also the divisional office.

Due to non approval and also non allotment of

funds, the work could not be taken up so far.

It is therefore requested to expedite the sanction

and allotment of funds for the early construction of the

building.

Soliciting response,

Letter No. P/2-14/Cle, Date: 01 February 2007

addressed to Shri I.M.G. Khan, Secretary, Department

of Posts.

n Alarming and tense atmosphere prevailing

in Madhya Pradesh Circle - request

intervention.

It is brought to our notice that there is a total tense

atmosphere prevailing in Madhya Pradesh Circle and

the staff unions are continuously agitating and decided

to launch series of programmes culminating to

stoppage of work demanding the intervention of the

higher ups to check and rein the Head of the Circle.

Some of the Topsy Turvy orders circulated from

the circle head are the reasons for this alarming

situation. She directed the Bhopal Postal Dispensary

to disburse medicines to the patients only on three

days in a month (i.e.) 1st, 11th & 21st. Rest of the

days no one could get any medicine from the

dispensary. We don't know whether, she is having

such powers to restrict the human savings drugs

supply for three days only in a month.

As an act of vendetta, the Regional Secretary Shri

G.S. Joshi was chargesheeted under Rule 16, and

threatened to issue Rule 14 charges and also to accord

Rule 37 transfer. This has caused a serious concern.

The Chief Postmaster General, Madhya Pradesh

Circle is prohibiting even the peaceful demonstrations

and threatened the officials by issuing Dies Non, notice

for FR 17 (A) etc. for participation of peaceful

demonstrations.

There are many issues like bring the Circle Office

staff for six days to attend PLI work, denial of annual

supplies, deduction of TRCA to GDS and proposal to

merge the benefit run post offices like Heavy Electrical

PO etc. confronting the staff. The Chief Postmaster

General, Madhya Pradesh Circle is not in belief of

collective bargaining and regard the trade union

representatives as part of the organisation.

The situation is being deteriorated day-day-day

even though the Secretary has assured to intervene

and restore normalcy there during the discussions held

in the second week of January 2007.

It is, therefore, requested to intervene effectively

and ensure peaceful atmosphere by correcting the

situation with suitable action.

A line in reply about the action taken is highly

appreciated.

Letter No. P/2-18/Bhilwara, Date: 27 January 2007

addressed to Shri I.M.G. Khan, Secretary, Department

of Posts.

n Atrocities & high handedness unleashed by

Shri R.K. Arya, SPOs, Bhilwara Division in

Rajasthan Circle - reg.

It is brought to our notice that a region of terror

and abrupt misrules is practised by the SPOs,

Bhilwara Division and functions as an unbridled horse.

Even for small lapses which are in extenuating

nature, he is awarding severe punishments. In some

cases, he violates the provisions of the CCS (CCA)

Rules 1965 with the single motive to terrorise the officials.

To cite an example, one Shri Bashi Lal Bairwa,

Postal Assistant, Bhilwara HO has been awarded with

the punishment of reduction to lower stage by three

stages for six months under Rule 16 vide his Memo

No. F4/Misc/B.L. Bairwa dated 31-10-2006.

According to the provisions prescribed for minor

penalties under Rule 16, 'Reduction to a lower stage

in the time scale of pay by one stage (Repeat) one

stage for not more than 3 years without cumulative

effect and not adversely effecting pension' can alone

be awarded. But in this case, he rewarded reduction

to the stage of three years and the official is likely to

be retired on 31-05-2007 affecting adversely in his

pension. This is in gross violation to the notification

issued by the Departmental of Personnel & Training

vide its No. 11012/5/2003-Estt. (A) dated 23-8-2004.

(ii) In another case, the SPOs awarded the

punishment of withholding one increment for the period

from 01-04-2007 to 31-03-2008 under Rule 16 in the

case of Shri M.K. Jain, SPM, Bhilwara R.S. vide his

memo dated 30-11-2006. The official is retiring from

service on 31-10-2008 and it will have direct adverse

effect in his pension which is not in consonance with

the Rule 16 provisions. Any adverse effect in pension

should have been dealt only under Rule 14.

Page 26: bhartiya post march 2007

26BHARTIYA POST MARCH, 2007

Letter No. P/2-13/Cle, Date: 03 February 2007

addressed to The Secretary, Department of Posts.

n Modification in closed holidays for 2007 - case

of Maharashtra Circle - reg.

While circulating the list of holidays for 2007 by

the Chief Postmaster General, Maharashtra Circle vide

her letter dated 15-12-2006, the name of Ganesh

Chaturthi did not find place in the said letter.

Ganesh Chaturthi festival is the most important

festival celebrated in Maharashtra and Goa States and

all celebrate it individually as well as universally. Being

the day comes under Saturday, the Coordination

Committee would have skipped the festival as if weekly

holiday without minding the operative section of the

postal department.

It is, therefore, requested to cause instructions to

declare the day as holiday (15-09-2007) only modifying

the other holiday.

Soliciting response,

Letter No. P/2-21/Chamoli, Date: 15 January 2007

addressed to Shri Harinder Singh,Member

(Personnel), Postal Services Board.

n PS Group 'B' examination 2001-2002 held on

23-24 September 2003-case of Uttaranchal

Circle - reg.

Kindly refer to this union letter No. P/19-1/PS

Group B dated 29th June 2005 on the subject mentioned

above (copy enclosed) but sorry to inform you that

neither it is acknowledged nor any action so far been

taken to settle the issue.

You are, therefore, requested kindly to look into

the matter and cause suitable action at your earliest.

Awaiting your action,

DA: as above

Letter No. P/2-21/Nainital, Date: 08 February 2007

addressed to Shri I.M.G. Khan, Secretary, Department

of Posts.

n Atrocities perpetrated on postal employees

by Sri Abhishek Singh, Senior

Superintendent of Post Offices, Nainital and

Udhamnagar - reg.

Further to our letter of even number dated 02-02-

2007, we hereby bring to your notice the short details

of the atrocities that have been perpetrated by Sri

Abhishek Singh, Senior Superintendent of Post

Offices, Nainital. The situation in the Division has

assumed a fluid proportion and the dissatisfaction

amongst the employees is snow balling and the

employees have been forced to the wall to demonstrate

their anger and dissatisfaction, and hence we approach

(iii) Similar kind of orders exceeding more than one

stage was ordered in the case of Shri M.L. Suthar,

Postmaster, Bhilwara HPO vide his memo dated 31-

10-2006.

All these charges were for the simple lapses of

the officials and the SPOs, Bhilwara by misusing the

disciplinary powers handicapped the employees who

are at the verge of retirements.

It is most apt to mention that due to obvious

reasons and extraneous considerations, the EDSPM

Purani Padasoli EDSO who defrauded the Government

money to the tune of Rs. 34500/- has been let off with

debarring from appearing in the departmental

examination. Similarly, in another case of shortage of

Rs. 26546.85 found during physical verification at

Daribas (Pur) BO and proved temporary

misappropriation, the delinquent was let off with the

punishment of debarring from appearing in the

departmental examination. Whereas for the said

charges, the SPM and Postal Assistant of Pur SO

were penalised with the penalty of withholding of one

increment for two years each on contributory factors

leaving the delinquent scat free.

There are several other cases in which the SPOs,

Bhilwara never followed the correct spirit of the disciplinary

rules. There is a doubt that about the involvement of

corrupt and malpractices indulged in these cases.

There is a total resentment prevailing amidst the

staff on the draconian rule purported by the said SPOs

and it is requested to intervene and arrest the

meanance by taking appropriate action.

A line in reply about the action taken is highly

appreciated.

Letter No. P/2-15/Dharmanagar, Date: 15 January

2007 addressed to Shri I.M.G. Khan, Secretary,

Department of Posts.

n Non-payment of MIS incentive bill at

Dharmanagar, North East Circle - reg.

It has been brought to the notice of this union that

staff of Dharmanagar HO has been deprived of payment

of MIS incentive since the year 2002. The matter was

discussed several times in the periodical meeting with

Circle Administration, but no payment has so far been

made, reason best known to them.

The delay in payment of the incentive bills causes

serious resentment amongst the concerned officials.

It is therefore, requested kindly to cause

immediate instructions to the Circle Head to clear all

pending incentive bills without further delay.

Awaiting your action,

Page 27: bhartiya post march 2007

27BHARTIYA POST MARCH, 2007

you for an instant remedy. We may submit that several

attempts by our divisional union and circle union have

not borne much results.

The said Senior Superintendent of Post Offices

functions as the monarch of all he surveys without

any eye to rules, compassion, human sentiments and

only believes in ruling with iron hands. The following

details speak for themselves:-

i. He insists that the targets set for branch offices in

respect of savings bank and PLI even if the BPM

has to spend from his pocket and in case of their

inability; he puts them off duty or withholds their

salaries. You will kindly agree, no rule permits

such action.

ii. He exploits the temporary Group 'D' officials and

extracts work beyond eight hours forcibly. This is

mere atrocity.

iii. Posts are being unjustifiably curtailed in an cadre

on unjustified grounds and employees are forced

to work extra hours in a very exploitive manner.

iv. Inflicting 'dies non' unjustifiedly against the rules.

Even period of casual leave are also being treated

as dies-non. Such action of awarding financial

punishments speak of his insentivity.

v. He transferred an elderly Group 'D' employee out

of his sub-division only for non wearing proper

uniform. Later he has proceeded against him

under Rule 14 of the CCS (CCA) Rules 1965 on

flimsy grounds.

vi. Treating the Group 'C' and Group 'D' employees

with contempt beyond anybody's dignity.

There are several acts of his highhandedness and

the above are only illustrative and not exhaustive.

We are of considered view that further continuance

of the said Sri Abhishek Singh at Nainital will worsen

the situation.

We do stand for peace and tranquillity and tact

that all that is possible should be done to save the

situation. In the present circumstances, the immediate

transfer of Sri Abhishek Singh from Nainital and a

through probe in his misdeeds will save the situation.

We, therefore, request you kindly to consider the

whole situation and take necessary action in interest

of peace.

Letter No. P/2-21/Pithoragarh, Date: 03 February

2007 addressed to The Secretary, Department of

Posts.

n Posting of unqualified officials as APM

Accounts - case of Uttarakhand Circle - reg.

It is rather dismayed to note that the Chief

Postmaster General, Uttarakhand Circle vide his letter

No. STA-1/2-8/2003 dated 29-12-2006 has posted

officials other then the PO and RMS Accountant

qualified officials as APM Accounts contravening to

the provisions of the Recruitment Rules and rulings

on the subject by misinterpreting the clarifications

issued on FTP rules under Sl. No. 10 in the Directorate

letter No. 137-10/96-SPB.II dated 28-91-2003.

There is no amendment to the LSG Accountants

Recruitment Rules 1976 and the Accounts line is a

separate entity. Recently the CAT Chennai has also

observed in its OA No. 201/2006 and directed the

department to convene DPC for APM Accounts posts

among the Accountants as per the Recruitment Rules.

It is, therefore, requested to cause immediate

instructions to the Chief Postmaster General,

Uttarakhand Circle to keep the orders under abeyance

and ensure to fill up the APM Accounts pots only with

the PO and RMS Accounts qualified officials.

Soliciting response,

Letter No. P/2-21/Nainital, Date: 02 February 2007

addressed to The Secretary, Department of Posts.

n Atrocities & anti-worker attitude of SSPOs,

Nainital Division of Uttarakhand Circle -

request to rein in.

The Joint Memorandum submitted by all the unions

dated 21-01-2007 to the Chief Postmaster General,

Uttarakhand Circle which is exhaustive on the subject

is enclosed herewith for appropriate action.

The torture being unleashed by the SSPOs,

Nainital against the officials is causing concern. The

unwarranted transfers to the far off places and

imposing unrealistic target on business are the order

of the day.

The officials are being compelled to work on

Sundays and holidays without any compensation and

beyond working hours. The officials are being

threatened by issuing charge sheets on flimsy grounds.

The refusal of leave of any kind has also been

aggravated the situation. There is a total panic and

resentment is prevailing in the division.

It is, therefore, requested to enquire the

happenings and the complaints put forth in the

memorandum and rein in the SSPOs to restore peace,

amity and good working condition to the officials.

Soliciting response,

DA: As above

Letter No. P/2-22/WB Cle, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Clarification on 2/3rd quota of LSG promoted

Page 28: bhartiya post march 2007

28BHARTIYA POST MARCH, 2007

and now kept under residual vacancies since the

formation of the circle.

Resultantly, hundreds of posts are being kept

unfilled aggregating the shortage further. The next

procedure by conducting exam among the GDS and

thereafter to fill up the vacancies by public notification

has not been taken so far despite the repeated

requests of the circle union.

It is, therefore, requested to accord suitable

instructions to the Chief Postmaster General,

Chhatisgarh Circle to cause immediate action to fill

up the residual vacancies without any further delay.

Soliciting response,

Letter No. P/4-1/Posts, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Filling up the post of APM Accounts LSG &

HSG.II posts - reg.

It is brought to our notice that in almost all the

circles, the notional promotion to APM (LSG) Accounts

cadre since 1986 has not been granted to the PO and

RMS Accounts qualified officials based on the

gradation list prepared with the date of qualifying in

the PO & RMS Accountants Examination.

In some circles, the FTP qualified officials

possessing accounts qualifications were considered

for the APM Accounts posts. They are of the

considered opinion that there is no discrimination

between General and Accounts line and Accounts line

lost its identity.

The CAT Chennai in its OA No. 201/2006 in the

case of Shri P. Ramadoss vs. The Principal Chief PMG,

Tamil Nadu Circle observed the separate identity of APM

Accounts cadre and directed to conduct the DPC for

Accounts line without any procrastination based on the

Recruitment Rules dated 13-09-76 and issue necessary

promotion orders to the eligible PO and RMS Accounts

line officials within a period of four weeks.

Since there is no amendment has given to the

LSG Accountants Rule 1976 and it will be most

appropriate to maintain a separate entity of the cadre,

it is requested to issue necessary clarificatory orders

to all the circles to issue notional and regular promotion

to LSG & HSG.II from 1986 onwards to the Accounts

line cadre.

A line in reply about the action taken is highly

appreciated.

Letter No. P/4-1/RTP, Date: 25 January 2007

addressed to Shri I.M.G. Khan, Secretary, Department

of Posts.

n Request for granting service benefits to

under review - case of West Bengal

Circle - reg.

It is brought to our notice that the Chief Postmaster

General, West Bengal Circle has sought clarification

to the Revised Recruitment Rules of LSG issued vide

notification dated 18-05-2006 about the case of FTP

passed official after review result.

In this case, one official Shri Gouranga Dev Maity

on declaring qualified in FTP has to be posted in any

one of the LSG post of the division as there has no

vacancy in 2/3rd quota existed in his division.

The Chief Postmaster General has further reminded

the Directorate vide his letter dated 07-12-2006 seeking

earlier clarification for the settlement of the case cited

in para supra.

It is requested to cause necessary clarifications

in this regard at the earliest to give effect of the

promotion to the official.

Soliciting immediate action,

Letter No. P/2-3/WC, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Deduction of union subscription of

unrecognised unions / associations - reg.

According to the Directorate letter vide its no.

13-30/98-SR dated 30-06-2006 under para 3, it is

explicitly clear that the facilities being availed by other

service association / union which is not recognised

by the department stands withdrawn. The orders are

crystal clear.

However, in many divisions, the subscriptions for

unrecognised unions like BPEU & others are being

deducted from the pay bills. To cite an instance,

despite the objection raised by the divisional union of

Bettaiah HPO, the deduction is still being made.

Similar is the case in respect of supervisor association

in Tamil Nadu Circle.

It is, therefore, requested to issue clarificatory

orders to all the circle heads not to deduct

subscriptions from pay rolls for the unrecognised

unions / associations and follow strictly to the principles

of new recognition rules and recognition thereon.

Soliciting response,

Letter No. P/2-4/Cle, Date: 31 January 2007

addressed to Shri P.T.S. Kumar, DDG (P), Department

of Posts.

n Undue delay in filling up of the residual

vacancies - case of Chhatisgarh Circle - reg.

It is brought to our notice that the Chief Postmaster

General, Chhatisgarh Circle has not taken any action

to fill up the unfilled vacancies earmarked for LGOs

Page 29: bhartiya post march 2007

29BHARTIYA POST MARCH, 2007

erstwhile RTP candidates taking into account

their service rendered as RTP (reserve

Trained Pool) - reg.

This union wishes to draw the kind attention of

the Directorate to the fact that as a new policy

introduced by our department, a section of direct recruit

employees in the cadre of Postal Assistants who were

provisionally appointed and trained were employed as

Reserve Trained Pool candidates in the vacancies of

the cadre in the early 1980s. Though, they were issued

with appointment orders, they were employed only as

RTP candidates on hourly rates without extending any

other benefit like leave, GPF etc. On the days on non-

engagement, they were not paid a penny. Though,

they were appointed before 25 years of age, their

services could be regularized only after 5 to 7 years of

service as RTP. As such, many of them could not

render maximum years of service for qualifying for

pension. Though, they did perform exactly the duties

of Postal Assistants, they were denied all the benefits

enjoyed by the employees of PA cadre.

The officials who rendered many years of service

as RTP are aggrieved lot as many of them are falling

short of qualifying pension service. Likewise, their

promotionaery avenues are also delayed. For

example, the promotions extended to the Postal

Assistants after 16 years (TBOP) and 26 years (BCR)

of service are also delayed in the case of erstwhile

RTP candidates as their service as RTP is not

included for promotionery benefits.

It is pertinent to note that despite our repeated

attempts to set right this anomaly, no fruitful solution

was in the offing. Hence, this union has exclusively

included a separate chapter in our memorandum

submitted to 6th CPC for mitigating the grievances of

such employees under chapter No. XIX with the heading

"Counting of Past Services of RTP (Reserve Trained

Pool)". This chapter includes exhaustive and

comprehensive details of the case justifying the demand.

In this connection, this union would like to state

that some of such candidates who also worked in the

Army Postal Service and hailing from Tamil Nadu Circle

had moved the CAT, Chennai and obtained favourable

verdict. A gist of the case pertains to the recovery

made under Audit Objection for the payment made

during their tenure at APS wide W.P. No. 37117,

37118,37119 of 2002, S/Shri D. Janannathan, A.

Muthiah, G. Vijayakumar and S.S. Shaju who are

working as Sorting Assistants in Chennai Sorting

division respectively were granted relief from the

recovery and the department was directed to extend

the benefits. Accordingly, the respondents were given

the monetary benefits vide the verdict given by the

HIGH COURT OF JUDICATURE AT MADRAS dated

01-03-2006. (Copy enclosed) …… Annexure - I

In other case, wherein one Shri M. Mathivanan,

Postal Assistant, Cuddalore Division had successfully

moved court vide appeal (civil) No. 5739 of 2005 and

obtained favourable verdict. (Copy enclosed)

…………..Annexure -II

To extend benefits to similarly placed officials as

per Directorate instructions (RTP candidates who were

deputed to APS) the Tamil Nadu Circle Administration

vide its letter No. STA/80-99/04 dated 02-01-2007 had

addressed all the divisional and regional heads to

compile and forward the data pertaining to RTP

candidates deputed to APS while computing 16 years

of service for financial upgradation under TBOP (copy

enclosed) for extending the benefits as per CAT

judgement. …………… Annexure - III

Hence, this union requests that the benefits which

is deemed to be extended to the RTPs worked in APS in

consonance with the court verdict may kindly be

extended to all the RTPs so that their long pending justified

demand could be settled favourably at least now.

A line in reply about the action taken is highly

appreciated.

DA: As above

Letter No. P/4-1/Transfer, Date: 02 February 2007

addressed to The Secretary, Department of Posts.

n Restriction in posting of SPM due to minor

penalties / CR entries - reg.

It is brought to our notice that the Directorate has

given instructions to all the Circle Heads from

investigation section dated 06-11-2006, the copy of

which is not supplied to service unions that if an official

is awarded with anyone of the minor or major

punishments or adverse entries in the CR, he should

not be posted as SPM throughout his career.

The suggestion given by the Investigation wing as

a preventive measure to minimise and eradicate the

losses and frauds has been circulated for

implementation not only in the RT 2007 but also in the

existing cases.

The suggestion is practicable only if the

department is having full staff strength and it is not

feasible to implement when the shortage exceeds 30%

in the Postal Assistant cadre. This will create hardship

to the officials. That too reversing the existing SPMs

from their SPM posts as Postal Assistant before

Page 30: bhartiya post march 2007

30BHARTIYA POST MARCH, 2007

completing their tenure is unjust and bad in law and

against to the natural justice. This will spoil their

reputations earned from the public by shifting them

from SPMs post before completing their tenure.

The other suggestion given by the same section

earlier that not to keep vacant B & A class offices and

fill up the Postal Assistant posts has not been

implemented. As such this will create many hardships

to all the officials who are unwilling to take position as

Postmasters.

This is most pertinent to mention that after lapse

of certain periods, the officials inflicted with

punishments become eligible to write the promotional

exams like IPO, JAO, Group B etc. As such, mere

imposition of even a minor penalty will be the

disqualification to be a SPM throughout his career is

nothing but a farce and not maintainable.

If the suggestions implemented retrospectively, at

one stage non will be available for the post of post of

SPM due to prevailing shortage, a well senior official

has to work as Postal Assistant under the supervision

of his most senior which will also be a punishment not

improvised in the CCS CCA Rules.

It is, therefore, requested to withdraw the

instructions at once and not to cause any hardships to

the officials which will certainly demoralise the existing

officials who are working very hard in the existing

shortage of staff and venturing in various new works.

A line in reply about the action taken is highly

solicited.

Letter No. P/4-5/RPLI, Date: 25 January 2007

addressed to Shri I.M.G. Khan, Secretary, Department

of Posts.

n Spot payment of incentive amounts due to

BPM / SPMs for securing RPLI business- reg.

A kind attention is invited to various references

made by this union on the subject about prompt

payment of incentive amount to the officials for RPLI

business.

It is learnt that the Chief General Manager, PLI

vide his DO No. 35-15/87-LI (Part) dated 04-01-2006

intimated the Pr. Chief Postmaster General, Tamil Nadu

Circle that one proposal for delinking the payment of

incentive from allotment of funds has been sent to

Directorate for approval.

The fate of the proposal is not known yet. However,

the incentive bills are pending over the period of two

years and discouraging the officials to bestow their

efforts further.

It is, therefore, requested to cause necessary

orders delinking the payment of incentive with funds

besides arranging clearance of all the pending bills at

the earliest.

Soliciting immediate response,

Letter No. P/4-11/TUF, Date: 25 January 2007

addressed to Shri I.M.G. Khan, Secretary, Department

of Posts.

n Non receipt of important orders / instructions

- reg.

It is rather dismayed to note that despite several

assurances to mail the orders / instructions of the

department on service / staff matters, we did not receive

the same from many sections of the Directorate. The

following orders which we came to know only after

their publication in the 'SwamysnewS", which causes

a concern:-

(1) Letter No. 79-8/2004-FS (Vol.V) dated 11-10-2006

-Extension of post-dated cheque facility to Senior

Citizen Schemes

(2) Letter No. 671/2003-PCC dated 25-07-2006 - Pay

Fixation

(3) Letter No. 8 (1)/2004/PA.Admn/501 to 504 dated

29-09-2006-Spl. Pay granted to JAO examination

(4) Letter No. 4-8/06-Pen dated 22-09-2006-Timely

payment to Dearness relief to pensioners / family

pensioners

(5) Letter No. 79-8/2004-FS (Vol.II pt) dated 18-09-

2006 - Senior Citizen scheme

(6) Letter No. 2-2/1999-PA (Tech)/988-1067 dated 29-

09-2006-authorising LSG SPMs to issue cheque

(7) Letter No. 25-07/2006-D dated 15-11-2006

Apart from that we learnt that an order relating to

disciplinary rules pertaining to contributory factor has

been issued. All these orders have not been sent to

this union. This is against to the spirit of Directorate

orders and assurances.

It is therefore requested to ensure that all the orders

on staff and service matters may please be endorsed

to this union at least in the future without fail.

A line in reply about the action taken is highly

solicited.

Letter No. P/4-3/Recruitement, Date: 02 February

2007 addressed to The Secretary, Department of

Posts.

n Suggestions to amend the Postal Assistant

Recruitment Rules 2002 - reg.

At present, the candidates possessing very higher

qualifications sometimes like engineering, etc. are

being selected for the post of Postal Assistants on

merits and they are leaving the department as soon

Page 31: bhartiya post march 2007

31BHARTIYA POST MARCH, 2007

as they get a fair chance with better prospects. The

department has to accept their resignation and brought

the vacancy subjected for the Screening Committee

which is in existence.

Thus the very purpose of selection has been

defeated and further eroded the staff strength resulting

unbearable work brunt of the shoulders of the existing

employees.

It is, therefore, suggested to impose a condition to

remain in the department at least for five years on

selection by obtaining necessary bonds for the purpose.

Soliciting response,

Letter No. P/4-4/Incentive, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Non-payment of incentive to the staff for

procuring UTA & Oriental Insurance Business

-reg.

Ref.: This union letter No. P/58-2/Funds dated 09-

10-2006

Apropos reference, it is regretted to inform that

neither the letter cited above is acknowledged nor

replied so far.

The incentive offered in the Directorate letter No.

95-4/2005/FS dated 23-02-2006 for the UTI work has

not been paid to the officials in almost all the circles.

Similar is the position for IDBI bonds etc.

When the officials are being insisted to mobilise

the business for UTI & Oriental Insurance etc. it

should be the responsibility and duty of the

administration to pay the due incentive amount

immediately on procuring business. Non payment

of dues over years causes a concern.

It is, therefore, requested to cause instructions to

clear all the pending bills immediately besides ensuring

monthly payment of incentive bills to the officials in

further.

Soliciting immediate response,

Letter No. P/4-2/FRSR, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Irregular deferment of date of effect on

promotion by 14 days in consequent upon

the participation of December 2000 strike -

regarding.

Ref.: This union letter No. P/2-3 dated 05-10-2006.

Apropos reference, I wish to state that neither our

letter cited in the above reference is acknowledged

nor replied so far.

Due to treatment of 14 days strike period as "No

work' no pay" vide your letter No. 8-7/2001-SR dated

24-01-2001, the period of 14 days has been treated

as non qualifying service for the purpose of promotion

and pension.

The phrase of non qualifying service could be

applied in cases where the officials involved in some

misconduct and the same cannot be taken into account

in a generalised way for all purposes.

There are several promotee officials who are in

short of ten or 11 days lost pensionery benefits. There

are instances that the officials could not get BCR

promotion and in some cases of effecting

postponement of BCR promotion to the next half year

due to short of less than ten days.

As a good gesture, it is requested to cause

instructions as deems fit not to affect the promotion

and pension due to the 14 days strike and by duly

taking the period as qualifying service for all purposes.

A line in reply about the action taken is highly

solicited.

Letter No. P/4-5/TMO, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Request discontinuance of Telegraph Money

Orders in post offices - reg.

Consequent upon the bifurcation of Telecom and

formation of Telegraph offices separately, the

telegraphic money orders booked at the counters of

the post offices have to be carried and booked at the

telegraph offices.

It consumes more time and services of the Group

D / is being wasted on many occasions to carry the

TMOs. Moreover the dealings about late receipts of

TMOs etc. are becoming laborious and the

responsibility is being fixed only at the post offices.

The surcharge for the TMO is very meagre and will not

in commensurate with the cost of service.

It is therefore requested to consider to discontinue

the TMO system at post offices and find alternate

means by popularising the Instance Money Order

Service or others.

A line in reply about the action taken is highly

appreciated.

Letter No. P/4-5/PLI, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Calculation of Service Tax and Education

cess in respect of Postal Life Insurance - reg.

Ref.:This union letter No. P/55-12/ST dated 06-10-

2006.

It is constrained to note that this union letter cited

above in the reference has neither been acknowledged

nor replied so far.

The clarification which require about rounding to

Page 32: bhartiya post march 2007

32BHARTIYA POST MARCH, 2007

the nearest rupee for the illustration contained in the

Directorate letter dated 13-06-2006 and 29-06-2006

vide No. 29-29/2004-LI has not been issued so far.

Similarly, the decision on the suggestion of this

union to inbuilt the Service Tax and Education Cess in

the premium itself in order to mitigate many practical

difficulties besides satisfying the customers has not

made known to this union so far.

It is requested to consider the above and a line in

reply about the action taken is highly solicited.

Letter No. P/4-5/BP, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Business Post - introduction of various services

- non providing adequate manpower or grant

incentive / honorarium - reg.

It is constrained to note that despite the fact that

various new services were introduced under Bill Post,

Direct Post etc., and also could not provide adequate

manpower, the officials ordered to carry out the new

works have not been paid with any incentive /

honorarium at least.

To cite an example, the Chief Postmaster General,

Chhatisgarh Circle has ordered to accept the Electricity

Bills across the counters at the post offices resulting

unbearable work in all the post offices. Similarly, the

sale of TNPC applications in Tamil Nadu Circle is so

laborious and the counter Postal Assistants are

making good of the loss they sustained at counters

during the sales due to mile long queues. No

honorarium / incentive has been granted so far. This

causes a concern.

Under the existing acute shortage of staff, no new

works be entrusted to the Postal Assistants unless

they are being remunerated for the excess work

performed amidst routine works.

It is, therefore, requested to cause instructions to

all the Circle Heads to fix incentive / honorarium to the

staff as and when they intend to introduce new

services at the post offices till the problem of shortage

of staff is mitigated.

A line in reply about the action taken is highly

solicited.

Letter No. P/4-5/Mails, Date: 01 February 2007

addressed to The Secretary, Department of Posts.

n Introduction of new system of bag number in

mail system - reg.

Ref.: Your letter No. 25-07/2006-D dated 15-12-2006.

Apropos reference, it is constrained to note that

the new system of bag numbering is causing more

workload to the staff deployed in mail branches in the

post offices.

It is a matter of fact that due to the prevailing

shortage of staff in the Postal Assistant cadre, the

mail branches are not being properly posted with the

Postal Assistants and only with the cooperation of

Group D & GDS staff, it is being managed. There is

no manpower in any post offices to exclusive manage

the mail branch.

After the introduction of the new system of bag

numbering, it is becoming compulsory to post one

hand for mail work since it has created more additional

work. The following are few examples.

(i) The Mail Postal Assistant has to check in respect

of each section / office and each class of bag with

the entries of the previous day.

(ii) If the bags are not in regular and after some days,

the Postal Assistant has to check the earlier date

and verify the correctness of the consecutive serials

of bag numbers.

(iii) When more than one bag is closed, the other bags

have to be given subsequent numbers. So

reference of the registers for each and every

closing of bags become inevitable.

(iv) To tie one label to the bag and place another in

loose inside the bag will render duplicate the

existing work and writing two sets of labels

become additional work on the Postal Assistants.

(v) While opening the bags, if all these checks

prescribed are to be adhered, without assistance,

it is impossible and it will cause delay in sorting

and sending out for delivery.

(vi) It is not possible in respect of the bags opened for

the offices received from other circles. It will be

more difficult to deal the normal mails more than

the insurance articles.

(vii) Due to dislocation of trains or other means, if some

bags lie in transit and the bags closed thereafter

receive, it will become very difficult to dispose the

mails.

(viii) It will increase only the paper works and may

cause practical difficulties in numbering,

maintaining, verifying the bags and may warrant

unnecessary correspondences.

The existing system of the mail and sorting is a

time tested one. The provisions contained in the

volumes and the procedures stated therein to monitor

the mail arrangements are practical ones. Under the

existing shortage, the new procedure has increased

the workload to the existing staff.

It is, therefore, requested to review the entire things

Page 33: bhartiya post march 2007

33BHARTIYA POST MARCH, 2007

based on the practical difficulties and restore status

quo ante.

A line in reply about the action taken is highly

appreciated.

Letter No. P/2-20/Varanasi West, Date: 08

February 2007 addressed to The Secretary, Department

of Posts.

n Imposing of penalty in the shape of heavy

monetary recovery on contributory factor -

Case of Taliabag SO fraud case of Varanasi

West Division in Uttar Pradesh Circle - reg.

It is disheartening to note that the delinquents in

the 10 crore misappropriation / fraud taken place in

the single handed post office of Taliabagh in Varanasi

West Division have succeeded to avail bail from the

case and they are wandering freely in the Head Post

Office campus after taking the subsistence allowance

every month.

Whereas the innocents officials who are neither

contributed nor responsible as per the Rule 11 A of

the CCS CCA Rules have been penalised with huge

monetary recovery. The following officials were punished

on flimsy reasons by fixing responsibility on them

under contributory factors.

Sl. No. Name Place of Working Amount of Recovery Ordered

as punishment (In Rs.)

1. Sri Arvind Kumar Sharma Counter Clerk HO 1,00,000

2. Sri Manoj Kumar Singh Counter Clerk HO 1,00,000

3. Sri Shyam Bahadur Singh Counter Clerk HO 1,00,000

4. Sri Sunil Verma Counter Clerk HO 1,00,000

5. Sri Satish Kumar Counter Clerk HO 2,00,000

6. Sri Rak Dhani Ram Dy. PM (Sub a/c) HO 50,000

7. Sri Shyam Bali I.R. Clerk, Div. Office 25,000

8. Sri Ram Sharan O/A Div. Office (Dealt. PA 17 (a)) 25,000

It is most pertinent to note that the commutation

value of the pension in respect of the following retired

officials who worked as Deputy Postmasters of Varansi

Cantt HO has been withheld and not paid so far since

January 2005.

1. Sri Ram Murti Vishwakarma

2. Sri H.N. Singh Yadav

3. Sri Ram Nath Ram

4. Sri Janardan Chaubey

No charge-sheet has been issued so far. The

retired officials could not get their dues.

Further, no action has so far been initiated against

the SDI/CI/ASP/SP concerned numbering more than

30 officials who have inspected the office during 1995

to 2004 and they have not been brought under the

contributory negligence factor even though they

subscribed more in this episode. If they would have

been so vigilant and properly inspected the office, this

would have been detected in the bud itself.

In nutshell, the spirit behind the Directorate

instructions contained vide letter No. C-32016/07/2006-

VP dated 14-11-2006 has been totally defeated and

the main offender should be proceeded properly by

expediting action to confiscate the properties and the

innocents should not be penalised on flimsy reasons

which are in extenuating factors.

It is, therefore, requested to cause appropriate

instructions to the Chief Postmaster General, Uttar

Pradesh Circle and settle the pending cases

immediately by ensuring that innocents should not be

punished for minor lapses.

A line in reply about the action taken is highly

solicited.

Letter No. P/2-21/Chamoli, Date : 02 February

2007 addressed to The Secretary, Department of

Posts.

n Memorandum presented against Shri

M.C.Pandey, SPOs, Chamoli Division in

Uttarakhand Circle- request enquiry and

action.

Ref.: (i) This Union letter of even number dated

19-12-2006.

(ii) Your letter No. 16-2/2007-SR dated 05-01-2007.

Apropos reference, it is brought to our notice that

instead of enquiring and taking appropriate action

against the SPOs, Chamoli Division, the Chief

Postmaster General, Uttarakhand Circle has send the

letter of this union to the SPOs calling for his report.

The SPOs is unleashing victimisation against the

office bearers and issuing Rule 16 charge sheets to

many of them on fabricated and concocted grounds.

If the allegations are not properly enquired and

Page 34: bhartiya post march 2007

34BHARTIYA POST MARCH, 2007

merely obtaining a report from the SPOs to dispose

the complaint against him, it will defeat the purpose of

directing the Chief Postmaster General to enquire into

this episode by the Directorate.

It is requested to cause appropriate instructions

to the Chief Postmaster General, Uttarakhand Circle

to enquire the case properly by deputing an officer

from the Circle Office and do take appropriate action.

Soliciting response.

Letter No. P/2-14/MP Cle, Dated: 06-02-2007

addressed to Shri I.M.G. Khan, Secretary, Department

of Posts.

n Alarming and tense situation prevailing in

Madhya Pradesh Circle-request for effective

intervention.

In inviting a reference to this union's letter of even

number dated 01-02-2007 on the above subject. We

have to mention that the fluid situation in Madhya

Pradesh Circle has assumed an epidemic form.

Madhya Pradesh Circle has the reputation of being a

very peaceful circle, but for some time past the circle

is in a turmoil and it is not difficult to find out the

reason. There is no denying the fact that there is

immediate need to improve the situation and something

more than merely seeking a report from the Chief

Postmaster General who is at the root of all this is

required to be done.

The Chief Postmaster General has issued a

Newsletter, January-March 2007 where she has used

the word "Ashist" for the union members. This word

literally means "uncivilised" or "ungentlemanly". You

will kindly agree that the use of such word does not

behave the officer of the rank of CPMG and are taken

an exception to it.

The purpose behind establishment of trade union

in any organisation is to ensure that employees

interest is protected and promoted and if a CPMG

desires that unions must function under his or her

thumb she / he deserves a bit too much. But the

Chief Postmaster General, Madhya Pradesh Circle

Smt. Madhu Narayanan is functioning in a bit

despotic manner and she is not ready to brook any

opposition to her whims. Charge-sheets to union

leaders and Circle Secretaries and their transfers

only indicate the intolerance of the said CPMG. We

hardly need to mention that the disciplinary

proceedings are quasi-judicial functions and have

to be used with care and where this functions are

discharged in a casual or whimsical manner, the

disciplinary action, as has been ruled by the Hon'ble

Supreme Court of India in judgement dated 21-04-2006

in civil appeal No. 2168 of 2007 - Union of India &

others vrs. Dulichand.

The list of grievances and items that face the

employees is long but are all such that can be sorted

out with mutual discussions and this in sort the

unions have asked for. If the discussion do not take

place and certain uncalled for and provocative

disciplinary proceedings are not withdrawn, the

things are not likely to improve. We are enclosing

herewith a copy of the joint charter of demands

submitted by the unions for settlement which are

self-explanatory.

We are ready and honestly interested in

restoration of normalcy and peace. For this we suggest

that a committee of the Official Side and Staff Side be

constituted to thoroughly look into the grievances,

complaints and other actions of either side and to

suggest proper ways to settle this issues.

If is further dismayed to note that the

developments taken place on 06-02-2007 that present

strict orders have been issued by the Chief Postmaster

General, Madhya Pradesh Circle not to grant leave

and nobody can have during lunch hours. Nobody

would be allowed to hold any kind of Dharna or

Demonstrations.

The Circle Secretary, Madhya Pradesh Circle is

transferred from PSD to Anand Nagar single handed

post office far from present office. Similarly Divisional

Secretary, Shri D.S. Rajput is also transferred to a

single handed post office, Shashtri Nagar, Bhopal just

to disturb the union functioning and also to create terror

amongst the staff.

A series of victimisation is now unleashed by the

Circle Administration and the central unions shall not

be the silent speactors and see the developments

unnoticed. If proper check is not entertained and the

menace is not arrested, this will further aggravate the

situation.

We, therefore, request you kindly to consider the

whole issue dispassionately and :-

i. Ask the CPMG, Madhya Pradesh Circle to initiate

discussion to sort out the problems by creating

congenial atmosphere by withdrawing the

provocative actions.

ii. Constitute a high power committee consisting of

representatives of the Staff Side and Official Side

to look into the entire things.