Wednesday, September 26, 2012

Copy of the letter issued by CO relating to grant of Special CL for the members attending CWC at Shirdi is furnished below for information and necessary further action of all concerned:




Tuesday, September 25, 2012

GS invited for meeting related to National Postal Policy

Copy of letter received by GS on the above subject is reproduced below for information of all the members:

Suneeta Trivedi                            Department of Posts, India

Member (Planning)               Ministry of Communication & IT
Postal Services Board                  Dak Bhawan, Sansad Marg
                                                         New Delhi-110001

D.O. No. 27-69/2011-PO                                                                                                  Dated 18/09/2012

Dear Shri Ingale,

This is regarding formulation of the National Postal Policy 2012. As you would recall , Shri Kapil Sibal, Hon’ble Minister of Communication and Information Technology , Government of India , discussed the National Postal Policy 2012 with all the stakeholders during the Round Table on 1st February 2012.The audio-video recording on India Post website(www.indiapost.gov.in)

2. We are in the process of drafting the National Postal Policy 2012 for the postal sector as a whole. Hon’ble Minister has now directed that the issues of unbundling of functions and introduction of an independent regulator for the Indian Postal market should be deliberated upon as this was not discussed on earlier occasions. A meeting for this purpose is therefore arranged on 1st October, 2012 at 15.00 hrs. in G.P. Roy Committee Room,2nd Floor, Dak Bhawan , Sansad Marg, New Delhi.

3. You are requested to attend the above stated meeting on 1st October 2012.

With regards.
Yours Sincerely,
Sd/-
(Suneeta Trivedi)

Cabinet approves 7% hike in DA for Central Govt. Employees

The Cabinet on Monday (24/9/2012) approved a hike of 7% in dearness allowance (DA) for central government employees. This means, the DA will now be 72 per cent from the current 65 per cent of basic pay.

The decision, which would benefit about 50 lakh of employees and 30 lakh pensioners of the central government, comes in the backdrop of government increasing the diesel price by Rs 5 per litre and retail inflation crossing the double digit mark.

The government had increased DA last in March this year from 58% to 65%, which was effective from January 1, 2012. The current hike will be effective from July 1 this year and employees would be entitled for arrears from this date.
The government periodically hikes the DA, which is linked to consumer price index for industrial workers. The consumer price index (CPI) based on movement in retail prices, soared to 10.03% in August, from 9.86% in July.

Wednesday, September 19, 2012

No Surprises- MOF rejects demand of Rs 4600 for IPs

Copy of letter of Shri Permanand posted in "Postal Inspectors Blog for Pay hike" is reproduced below for information.

Dear Friends,

It is really sad to intimate that Department of Expenditure, MOF has rejected the demand for grade pay of Rs.4600 to Inspector (Posts) even after the full justification given by Hon’ble CAT Ernakulam Bench in its order dated 18.10.2011 in OA No. 381/2010 and the good viable proposal submitted by DoP. The official rejection letter is yet to be received. However, note sheet of the relevant file has been received under RTI from DoP.

2. As available in the note sheets (17/N), the DoP had sent the following proposal with concurrence of IFW and approval of Secretary (Posts) to Department of Expenditure, MOF:

“The hierarchical difference i.e non-availability of intermediary cadre like Assistant Superintendent Posts in CBDT/CBEC and CSS can be resolved by allowing Grade Pay of Rs.4600 to Inspector Posts in Department of Posts (a GCS Group B Non-Gazetted Post) and retaining its promotional cadre of Assistant Superintendent Posts (a GCS Group B Gazetted Post) also in the identical Grade Pay of Rs.4600. In the Accounts cadre, the cadre of Accounts Officer is in Grade Pay of Rs.5400 in PB-2. Its promotional post of Senior Accounts Officer is in Grade Pay of Rs.5400 in PB-3 & its further promotional post of ACAO also in Grade Pay of Rs.5400 in PB-3. This would not thereby involve upgradation in Grade Pays of Assistant Superintendent Posts and PS Group B.”

3. MOF has rejected the demand for Grade pay of Rs.4600 for Inspector (Posts) without examining the above proposal, and stated the following (written in red colour):

(I) There was no specific recommendation in para 7.6.14 to the effect that Inspector Post are granted Pre-revised pay scale of Rs. 6500-10500.


(It seems that MOF has not gone through the para 26 of Hon’ble CAT order dated 19.10.2011 in OA No. 381/2010, wherein the import of the observation of the Pay Commission has been clearly mentioned. Moreover, as mentioned in para 7.6.14 of 6thCPC report “…………With this upgradation, Inspector (Posts) shall come to lie in an identical pay as that of their promotional post of Assistant Superintendent (Posts) [ASPOs]. ASPOs shall, accordingly, be placed in the next higher pay scale of Rs.7450-11500………….”)

(II) Inspectors in CBEC/CBDT were placed in the scale of Rs.6500-10500 w.e.f 21.04.2004 i.e prior to 6th CPC by an executive order of the Govt. keeping in view of their parity with Inspectors of CBI/IB and court directions of CAT Jabalpur Bench. Further, Asstts. Of CSS have also been granted the pay scale of Rs.6500-10500 w.e.f 15.09.2006 on the basis of their traditional parity with Inspectors CBEC/CBDT. Further, it was the conscious decision of the Govt. to keep Asstts. In CSS/Inspector and analogous post in CBEC/CBDT in the higher pre-revised scale i.e Rs.7450-11500/- considering their pre-revising relativities, hierarchical structure, mode of recruitment etc. The mode of recruitment was not the only criteria as contended by the applicants in the OA. In various cases, Apex Court also opined that wholesale identity between two groups would involve matters relating to nature of work, educational qualification, mode of recruitment, experience etc.

(The details of the basis for increase from Rs.5500-9000 to Rs.6500- 10500 for Inspectors CBEC/CBDT w.e.f 21.04.2004 and for Assistants in CSS w.e.f 15.09.2006 along with the note sheet of the relevant file have been asked from MOF under RTI. Also, Documents available for establishing the “Traditional Parity” / wholesale identity between Inspectors CBEC/CBDT and Assistants in CSS have asked. MOF Response is awaited. Further, wholesale identity should be decided by the Expert body i.e Pay Commission. 5th & 6th CPC had rightly did so for Inspector (Posts) and granted equal pay scale/ grade pay to that of Inspectors CBDT/CBEC and Assistants in CSS. Apex Court in the case of State of West Bengal v. West Bengal Minimum Wages Inspectors Association, (2010) 5 SCC 225 wherein it has been stated as under:-

"23. It is now well settled that parity cannot be claimed merely on the basis that earlier the subject post and the reference category posts were carrying the same scale of pay. In fact, one of the functions of the Pay Commission is to identify the posts which deserve a higher scale of pay than what was earlier being enjoyed with reference to their duties and responsibilities, and extend such higher scale to those categories of posts.")

(III) It is pertinent to mention here that the OM dated 13.11.2009 and 16.11.2009 came into existence as a result of demand from various quarters of Govt. seeking upgradation for pre-revised scale of Rs.6500-10500 due to functional requirement. However, hierarchical structure of Inspector Posts does not demand such functional requirement, as post of ASP in the scale of Pay of Rs.9300-34800 GP of Rs.4600/- PB-2 corresponding to the pre-revised scale of Rs.7450-11500 still exists, even after implementation of 6th CPC.

(Regarding the hierarchical differences, a viable proposal was submitted by DoP wherein it was clearly mentioned that the hierarchical difference i.e. non-availability of intermediary cadre like Assistant Superintendent Posts in CBDT/CBEC and CSS can be resolved by allowing Grade Pay of Rs.4600 to Inspector Posts in Department of Posts (a GCS Group B Non-Gazetted Post) and retaining its promotional cadre of Assistant Superintendent Posts (a GCS Group B Gazetted Post) also in the identical Grade Pay of Rs.4600. The example of AO, Sr. AO & ACAO was also given in the proposal. But, MOF overlooked the same.)

(IV) Since Inspector Post have come in the Pay Scale of Rs.9300-3400 GP of Rs.4200/- PB-2 corresponding to pre-revised scale of Rs.6500-10500, the hierarchical posts in their cadre i.e ASP and SP had to be placed in the GP OF Rs.4600/- and Rs.4800/- respectively to maintain the relativity in the cadre. Moreover, the scale of other similarly placed posts i.e Asstt. Manager and Manager in mail Motor Service were also placed in the GP of Rs.4600/- and Rs.4800/- respectively. In case the demand of Inspector Posts for GP of Rs.4600/- is accepted, it will have cascading effect involving huge financial implications. Also, the demand for upgradation from similarly placed posts in Mail Motor Service etc. will arise immediately.

(In the proposal, it was clearly mentioned that this would not involve upgradation in Grade Pays of Assistant Superintendent Posts and PS Group B. Asst. Manager & Manager, Mail Motor Service are placed in the Grade pay of Rs.4600 & Rs.4800 respectively. Hence the imagination of MOF that In case the demand of Inspector Posts for GP of Rs.4600/- is accepted, the demand for upgradation from similarly placed posts in Mail Motor Service etc. will arise immediately, is hypothetical. Further, while submitting the proposal, DoP had given the figures for financial implications and for Inspector (posts), it is Rs. 1.01 crores only. Hence the ground that in case the demand of Inspector Posts for GP of Rs.4600/- is accepted, it will have cascading effect involving huge financial implications, does not hold any ground.)

(V) The duties and responsibilities assigned to Assistant of CSS and Inspector, CBDT/CBEC are quite different from Inspector (Posts). There is no comparison between Assistants CSS & Inspector CBDT/CBEC and Inspector (Posts). They are performing different duties in their respective cadres.

(As a matter of fact, the duties and responsibilities assigned to different cadres in different Department / Ministries will be different and after comparison only, specific pay scale/grade pay is given to particular cadres by the expert bodies i.e Pay Commission. The details regarding comparison of “Duties & Responsibilities” of Inspectors CBDT/CBEC and Inspector (Posts) have been asked from MOF under RTI.
Further, Para 30 of CAT Ernakulam Bench Order dated 19.10.2011 in OA No. 381/10 reproduced below:
“This Tribunal need not have to labour more to arrive at the finding that the functional responsibilities of the Inspector (Posts) are certainly onerous and evidently, it is on the basis of adequate justification that the successive Pay Commissions have appreciated the need to revise the pay scale of Inspector (Posts).”

4. It is very much clear from the grounds given by MOF that they were pre-determined not to allow Grade Pay of Rs.4600 to Inspector Posts in any case and they simply overlooked the full justification given by the Hon’ble CAT Ernakulam Bench and also the good viable proposal given by DoP. It can also be seen that the matter was disposed first time at the level of Jt. Secretary even after the clear instruction from Hon’ble CAT to re-look in the matter at the level of Secretary. It is also evident form the notings of the DoP at 28/N, which is reproduced below:
“Views taken by Ministry of Finance, Department of Expenditure contains neither any details of examination of the proposal made by this Department on 17/N nor reasoning based on which the proposal was admitted/rejected.”

5. Accordingly the file was re-referred to the Department of Expenditure, MOF. However, Department of Expenditure, MOF returned the file stating that:


“The matter has been examined in this Deptt. and AM is advised to issue a reasoned speaking order rejecting the claim of the applicants on the grounds indicated in U.O note dated 28.05.2012.
This issues with the approval of Finance (Secretary).”

6. Our case for upgradation of Grade pay of Inspector (Posts) to Rs.4600 under OA No. 381/2010, had already been considered by Hon’ble CAT Ernakulam Bench within the parameters prescribed by the Apex Court in respect of the powers of the Tribunal in dealing with the fixation of Pay scale and had viewd that :

(a) The decision of the Ministry of Finance does not appear to have taken into account the clear recommendation of the Sixth Pay Commission nor for that matter the full justifications given by the Department of Posts.

(b) The Tribunal is of the considered view that there is no justification in denying the Inspector (Posts) the higher Grade Pay of Rs 4600 when the same is admissible to Inspectors of other Departments with whom parity has been established by the very Sixth Pay Commission vide its report at para 7.6.14 extracted above. The Ministry of Finance has to have a re-look in the matter dispassionately at the level of Secretary keeping in view the aforesaid discussion.

7. From the documents received under RTI, the rejection of our demand of Grade pay of Rs.4600 for Inspector (Posts) has been disclosed. However, we may wait for the official rejection letter. Further, we wish to move to High Court at the earliest, to get Justice.

Views and comments are requested, so that we may move further.

Thanks.
Permanand

3 comments:

Monday, September 17, 2012

Obituary


 It has been brought to the notice of the Association that Sri. Korah Pylee (86), father of Sri. C.K.Baby, ASP(HQ), Kottayam expired today. Funeral will be held at Onakkur Orthodox Church at 11.A.M tomorrow (18.9.12). Association conveys its deepest condolences to the bereaved family.

Thursday, September 13, 2012

Kerala Postal Circle bags first place in Onam Pageantry






Kerala Postal Circle has won first prize in the 'Central Government' Category for the Best Float in the Onam pageantry held at Thiruvananthapuram last month. It is the second time that we are bagging the prize in the pageantry. Year before last, we had won the first place in all the categories taken together. Hearty Congratulations to the team for the effort which made the Circle proud....

CWC at Shirdi

As already announced the next All India CWC of the Association is due to be held at Shirdi Maharastra on 12 & 13th October,2012. Detailed discussions and deliberations will be held on the following main points:

1.Up-gradation of Grade Pay of Inspector, Posts from Rs. 4200/- to Rs. 4600/- w.e.f. 01.01.2006.
2. Organisational restructuring in Department of Posts.
3. Restructuring of Inspector Posts cadre.
4. Transfer cases of surplus Inspector Posts.
5. Supply of Laptops to all the IPs/ASPs.
6. Regular Promotion to PS Group ‘B’ cadre.
7. Organizational review.
 
All members are requested to forward their views/comments/suggestions on the said points either as comments on the blog or via email to the CS at the earliest so that the same can be compiled and presented in the CWC.

Monday, September 10, 2012

PSI Workshop onTrade Union Rights at Cochin









As announced a three day workshop cum meeting on Trade Union Rights organized by the PSI was held at Hotel Harbour View Residency, Cochin from 6.9.12 to 8.9.12. Representatives from Other Associations like NOGE, NAD Civilian Workers Union, INDWF/SNCEO, K.P.MES.EU, Postal Stenographers Association, IP/ASP Assn etc participated in the three day workshop. Sri. R.Kannan, PSI South Asia was the facilitator/moderator in the workshop.

In the workshop discussions were held on topics like Trade Union Rights, International Labour organization, International Labour Standards, Labour Laws in India, Trade Union Violations in India, CCS Conduct Rules, ILP Supervisory Mechanisms, Planning for TUR campaigns etc. The workshop was lively with Group Discussions, Group tasks, case studies, reporting etc. The following members represented our Association:

(1)  Ajith Kurian
(2)  K.Manoj
(3)  B.Padmakumar
(4)  G.Gopakumar
(5)  Seeba T.E
(6)  Archana Anand.

Sri. B.Padmakumar, ASP EKM RMS, Sri, G.Gopakumar, PM Kollam HO and Smt. Sheeba, PM Thycaud HO has been nominated as members of the Project Working Group(PWG) who will plan and coordinate the further activities of PSI in Kerala.



IP Examination postponed

Inspector Posts Examination 2012, scheduled to be held on 15th and 16th September, 2012 is postponed vide Directorate memo No. A-34012/07/2012-DE dated 6th September, 2012 till further orders. Copy of the order is available in the CHQ blog.

PS Group B DPC

As informed by the GS, the DPC for promotion to PS Group B is likely to be held in the month of October subject to the timely submission of ACRs and other connected documents by all the Circles. All our members who are likely to come in the zone of consideration are requested to ensure that their ACRs and other documents have been forwarded to Circle Office duly completed by the respective Divisions/ROs for onward transmission to Directorate.




CWC Meeting at Shirdi Maharastra


 Next Central Working Committee Meeting (CWC) of the Association is to be held on 12/10/2012 and 13/10/2012 at Shirdi (Dist. Ahmednagar, Maharashtra). Circle Secretary and All India Asst. Secretary & President will be representing the Circle in the CWC. 

Sunday, September 2, 2012

Seperation of regulatory service functions of DOP

Communications and IT Minister Kapil Sibal has called for restructuring of 150-year-old Department of Post by separating its regulatory and services functions to meet challenges of technological age.

"The postal department should also restructure itself to meet challenges of 21st century. The Department of Post (DoP) should look into prospect of bifurcating the ministry from the regulator and the operator, just as was done in the telecom sector," Sibal told PTI.
He said that the DoP should explore possibility of having different entities namely policy making, regulator and service provider. "No decision has been taken yet. It is all a matter of debate and dialogue at the moment," Sibal said.

DoP, which has around 5 lakh employees, is responsible for policy making, regulation and providing postal services, at present.The over 100-year old Indian Post Office Act bars any individual or entity from delivering letters for commercial purpose. The business of private courier companies is built around delivering documents, parcels and others items which do not fall under the category of 'letter'.Sources in the ministry said that Sibal held a meeting with DoP officials early this week on the issue of finanlisation of the National Postal Policy 2012 and asked them to prepare roadmap for restructuring as well.

They said that next meeting on the issue is expected to take place in 15 days. They said that the minister, in June, had asked DoP to set up a body to oversee the unbundling of its functions.An independent body named Postal Development Board (PDB) will be responsible for the overall development and governance of the postal sector, they added. The PDB will also draw a road-map for unbundling of postal department functions. 

The Minister had also instructed DoP to constitute a Postal Advisory Board (PAB), in line with Telecom Commission, which should have representation from Government, industry players, academics and other stakeholders, they said. The role of PAB will be to provide inputs to PDB on policy matters.The government in 1997 created the Telecom Regulatory Authority of India (TRAI) to regulate the sector. Under New Telecom Policy 1999, Government further restructured DoT by separating service providing function from it.

PSI Workshop at Cochin

As announced earlier, a work shop on Trade Union Rights organized by the PSI will be held at Hotel Harbour View Residency, Opp. Cochin Shipyard, M.G.Road, Cochin from 6th to 8th September. The following members will represent the Association in the said workshop:

(i) Sri.T.M.Krishnaswamy
(ii) Sri. Ajith Kurian
(iii) Sri. K.Manoj
(iv) Sri. Mohammad Sherif
(v) Smt. Seeba
(vi) Smt. Archana Anand.

Indefinite Strike By Central Government Employees Proposed – Resolution Communicated To Govt

NJCA National Joint Council of Action 4, State Entry Road, New Delhi – 110055 No. NJCA / 2018 Dated: August 18, 2018 RESOLUTION ...