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Thursday, December 17, 2009

Thursday 17 December 2009
INFORMAL MEETING WITH THE SECRETARY DEPARTMENT OF POSTS - HIGHLIGHTS
NFPE DELEGATION MET THE SECRETARY DEPARTMENT OF POSTS TODAY

Secretary [P] granted an informal meeting today to NFPE - A Delegation of NFPE consisting of Comrades K.Ragavendran Secretary General NFPE, K.V.Sridharan General Secretar P3, Ishwar Singh Dabas General Secretary P4 and Giriraj Singh General Secretary R3 met the Secretary Department of Posts and discussed the undermentioned important issues during the meeting - We thanked the Secretary [P] for relaxing the composition of the Screening Committee by accepting our demand :

1. Adhoc Promotion to all AAOs before 31.12.2009: Adhoc Promotion to all AAOs before 31st Demcember to protect them against the financial loss of postponement of increment and future promotions is discussed with the Secretary by giving a letter - Secretary [P] informed us that the process for promoting them aginst the vancant posts in DOP is on way - We requested that since hundreds of posts are vacant only in Telecom side, without promoting the officials at least on ad-hoc basis pending a final decision on the issue of cadre control by the Government of India, benefit will be denied to hundreds of AAO waitlisted officials for years together - We insisted for doing something in this line before 31/12/2009. The letter from NFPE in this issue is reproduced at the end of this blog.

2. Constitution of Cadre Restructuring Committee in Department of Posts: We pointed out that in addition to Income Tax Department, the Department of Railways also constituted a Committee for Cadre Restructuring consisting of both Official and Staff Side representatives and requested for constitution of similar Cadre Restructruring Committee in Department of Posts also. The Secretary [P] agreed to favourably consider the proposal. The letter given on this issue is reproduced below.

3. Holding of Departmental Council JCM - Anomaly Committee - & - Periodical Meeting: We requested for convening of the above meetings early and the Secretary agreed for the same.

4. Implementation of MACP Conditions prospectively: We have requested for giving effect to the conditions like postponement of MACP for declining promotion and benchmark 'good' for MACP above 2800/- Grade pay only prospectively since we are just now coming under the ACP Scheme from TBOP/BCR Scheme.

5. Modification in MACP Orders: We reminded that the corrections with regard to change of Pay Band from PB-1 to PB-2 while granted financial upgradation from 2800/- GP to 4200/- GP etc for Group C employees are yet to be carried out in the MACP Orders issued by the DoP. The letter given in this matter is also reproduced below.

6. Attempt to shift Headquarters of RMS Divisions in Maharashtra & Punjab: We pointed out the attempts to shift the headquarters of RMS Divisions in some circles against the decision of status-quo arrived at on 30/11/2009 in the negotiations between the Secretary [P] and Postal JCA. Secretary [P] assured that status quo will be maintained.

In addition to the above issues, NFPE also submitted letters on the following issues to Secretary [P] and DDG[Estt]:

1. Request for supply of the copy of Pact entered into with ICICI Prudential by the Department of Posts

2. Request for early issue of orders for revision of wages to part time contingent and DRM workers

3. Grant of Officiating HSG-I Pay to BCR Officials

4. Regularization of Casual, Contingent Employees in Andhra Circle –Consideration of pending appeals in Directorate

5. Non-implementation of Directorate Orders in RMS 'BM' Division under Goa Region of Maharashtra Circle on providing full time employment

Copy of Letters from NFPE on all the above issues are reproduced below for information:


Sub: Promotion as AAOs before the end of December 2009 for protecting the interests of waitlisted JAOs and consequential promotions – reg.

PF-64/2009 Dated 16th December 2009



Madam,



Please refer to the orders of merger of Accounts of DOP and DOT vide Ministry of Communications Department of Posts No. 2-9/2009-SPG dated 28.08.2009 issued after the Gazette Notification. The merger of Accounts has thus been accomplished.



However, we find that the processing of promotions of all wait listed JAOs [renamed as AAOs] are stalemated with all consequential promotions for hundreds of officials also stopped. We recall to your mind the discussions this Federation had with you earlier on the issue of promotion to JAOs during which you have assured that you will not stand in the way of their promotion as there is no problem anymore for filling up the resultant vacancies due to lifting of Screening Committee by the MOF. Now, we find that the whole process of getting their promotions is not progressing over the problem of cadre controlling authority once again.



We are constrained to point out that the delay beyond 31st December 2009 would bring heavy financial loss to the officials since their future promotions to higher cadres as well as their annual increments would be delayed by one year. We therefore request you to kindly cause necessary instructions to all Circles to complete the processing immediately to ensure the promotions before 31st December at least on ad-hoc basis to be regularised subsequently on finalisation of Recruitment Rules, pending a final decision by the Government of India on the matter of cadre controlling authority.



This Federation would be highly thankful for your favourable decision in this matter.



Sub: Constitution of Cadre Restructuring Committee – reg.

Ref: This Federation letter No. PF-11(c)/2009 Dated 28.09.2009

PF-11(c) /2009 Dated 15th December 2009



Madam,



Kindly refer to the minutes of the meeting held by you with this Federation and its affiliated unions / associations on 13.01.2009 in which the issue of Cadre Restructuring in the Department of Posts was also discussed and also this Federation's letter of even number dated 28.09.2009 requesting for the constitution of a Cadre Restructuring Committee.



We point out that following the Income Tax Department, now the Department of Railways has constituted a Cadre Restructuring Committee consisting of both Official and Staff Side Members of Railways vide Railway Board No.PC-VI/2008/CRC/1 dated 9/11/2009 for considering the cadre review issue of Railway Employees.



The promotional avenue of all erstwhile Group 'C' & 'D' Cadres in our Department of Posts is very little in comparison to other departments of Government of India but still the other departments have constituted Cadre Restructuring Committees after the 6th CPC for propelling further the promotional avenue of their cadres.



This Federation once again urges upon you to kindly cause to issue necessary orders for constituting similar Cadre Restructuring Committee consisting of both Official and Staff Side representatives to go into the proposals already submitted by us.



Sub: Request for holding of meetings of JCM Departmental Council, Departmental Anomaly Committee and Periodical Meeting – regarding.

PF-04(a)/2009 Dated 16th December 2009



This Federation would like to seek your personal attention that no meeting of JCM Departmental Council and Periodical Meeting have been held for a very long time. Even the Departmental Anomaly Committee constituted for dealing with the anomalies arising out of implementation of 6th CPC recommendations has been convened.



We hope you would definitely agree that holding of discussions in such negotiating bodies periodically would help building confidence in the process of amicable solutions of problems of staff.



This Federation therefore requests your personal intervention for causing orders to convene these meetings without further delay.



Sub: Application of MACP Conditions prospectively – reg.

PF-31/2009 Dated 16th December 2009



Madam,



This Federation would appreciate your kind intervention for causing instructions to apply the conditions attached with the MACP orders only prospectively, at least on the following two issues to ensure financial upgradation to officials:



1. Past declination of any promotion to LSG or HSG-II by officials should be ignored and the condition in the MACP orders that declining promotion would delay the grant of MACP until the acceptance of the declined promotion should be applied only prospectively. This is to benefit the officials who declined their promotion for certain reasons before introduction of MACP Scheme.
2. The benchmark 'good' stipulated for upgradation to Grade Pay 4200/- and above under MACP Scheme also should be waived for the years prior to introduction of MACP Scheme. This is so because there is a blind habit of giving 'average' without understanding its adverse effect on officials while writing CRs in the Department of Posts and also the absence of statutory automatic review of CRs of officials by higher authorities as in other CG Departments. Until introduction of this system of automatic revision of CRs to undo any blind CR writing, the benchmark 'good' may kindly be not insisted for grant of upgradations under MACP.

These two concessions would protect thousands of Postal Employees from deprivation of their Modified ACP upgradations in the background of switching over from TBOP/BCR Scheme to MACP Scheme.



This Federation would highly appreciate your favourable decision in this important matter.



Sub: Request for early issue of corrigendum to the MACP Orders – reg.

Ref: This Federation's letter No. PF-31/2009 Dated 24.09.2009

PF-31/2009 Dated 12th December 2009



Madam,



A reference is kindly drawn to this Federation's letter dated 24th September 2009 seeking some corrections in the MACP Orders. While we thank for the correction carried out and corrigendum issued with date of effect of MACP as 1/9/2008, the other corrections sought vide Point No.2 to Point No.5 in our letter cited under reference is yet to be issued.. [Copy supplied for ready reference]



This Federation requests early issue of corrigendum.



Sub: Request for supply of the copy of Pact entered into with ICICI Prudential by the Department of Posts – reg.

Ref: Newspaper material

PF-66/2009 Dated 16th December 2009



This Federation requests for the supply of a copy of the full pact entered into with the ICICI Prudential by the Department of Posts.



Sub: Request for early issue of orders for revision of wages to part time contingent and DRM workers – reg.

PF-50 (c)/2009 Dated 16th December 2009



This Federation hastens to point out that the issue of orders for revision of wages to part time and contingent and DRM [Daily rated Mazdoors] are still to be issued. The mention by the Directorate in the orders issued for Temporary Status Casual labourers that a separate order will be issued for these categories has resulted even in non inclusion of Dearness Allowance also since 1.1.2006.



We therefore once again request for immediate release of orders in this matter.



Sub: Grant of Officiating HSG-I Pay to BCR Officials – reg.

PF-19/2009 Dated 16th December 2009



This Federation is constrained to seek your kind attention to the earlier representations from the Staff Side for grant of officiating HSG-I Pay to BCR officials, which was denied on the grounds that this is not contemplated in the RR despite the fact that BCR was considered as a promotion and hence equivalent to HSG-II for long until the Department of Posts unilaterally revised the concept of promotion into financial upgradation.



However this issue went to different courts and ultimately the SLP filed by the Department of Posts in the Apex Court also was dismissed in favour of BCR officials who officiated in HSG-I vacancies making way for payment of Officiating HSG-I Pay to BCR Officials who officiated in such vacancies including fixation of higher pension quantum based on the officiating pay prior to retirement.



This Federation therefore requests for early issue of orders for grant of Officiating Pay in HSG-I for all those BCR officials who officiated and fixation of higher pension for those officials who retired after officiating in HSG-I vacancies in the backdrop of the dismissal of SLP by the Supreme Court.



Sub- Regularization of Casual, Contingent Employees in Andhra Circle –Consideration of pending appeals in Directorate - reg

Ref: DOPT orders

PF-67-1/2009 Dated 16th December 2009



Madam,



This Federation hastens to bring to your notice the issue of absorption of Casual employees working in RMS in Andhra circle, which was already discussed with the Secretary earlier.



In the RMS of Andhra Circle, a number of Casual, Contingent employees are working since 1990 onwards, but they are not being absorbed against the existing GDS/GROUP'D' vacancies on one plea or other. On this Federation's request in the year 2000, orders were issued to absorb them against the existing GDS vacancies by fixing a cut-off date by CPMG AP Circle. However the directions of Directorate were not implemented but certain clarifications were sought by the CPMG. The Postal Directorate issued clarifications on 14.02.2002 stating that those casual labourers who worked for 240 days in a year in the same post and sponsored through Employment Exchanges at the time of their recruitment are only eligible for absorption. Basing on that clarification the Chief PMG AP Circle rejected all the cases.



Aggrieved with the decision of the Chief PMG many casual labourers approached Hon'ble CAT Hyderabad and filed a number of cases. Hon'ble CAT in its judgement advised the Department to modify the clarifications as they are against the spirit of the original order issued on 29-12-2000 by the Postal Directorate. In accordance with the CAT order all those casual labourers preferred appeal to Member [P]. Those appeals are pending for final consideration at the Directorate.



In this connection we would like to draw your kind notice to the DOPT Orders issued after the recent judgement delivered by Hon'ble supreme court in the case of Umarani Vs Govt. of India in which the Hon'ble Apex Court has clearly directed to absorb all those casual employees who completed 10 years service in any post irrespective of the procedure followed at the time of their recruitment whether it is legal or illegal. [Copy enclosed for ready reference]



Therefore this Federation requests your personal intervention to cause to issue instructions to circulate the DOPT orders to all Circles and to cause instructions to the Chief PMG AP Circle to absorb all the Casual/Contingent employees who are eligible as per the above judgement and DOPT Orders without insisting for those two conditions.



An early action and a line in reply will receive our high appreciation.



Sub: Non-implementation of Directorate Orders in RMS 'BM' Division under Goa Region of Maharashtra Circle on providing full time employment – reg.

Ref: Directorate Order No.6-56/92-PE-II/D Dated 16.11.2000.

PF-67-14/2009 Dated 16th December 2009



Madam,



This Federation hastens to bring to your notice that the orders of the Postal Directorate on granting full time employment to part time casual labourers has not been implemented by the divisional administration of RMS 'BM' Division under Maharashtra Circle resulting in seven part time casual labourers recruited through Employment Exchanges have been denied of full time employment for years. The representations from aggrieved casuals and our Unions in Maharashtra Circle have not remedied the situation.



The Directorate had issued more than one order reiterating combining duties of part time casual labourers and vacant GDS posts to provide full time employment for the part time casual labourers. [ copies enclosed for ready reference]. This Federation has been appraised that the non-implementation of the above orders by the RMS BM Division that have resulted in seven part time casual labourers recruited 15 to 20 years back through Employment Exchanges are still unable to get full time employment as per the orders of the Postal Directorate.



This Federation would highly appreciate your personal intervention for causing appropriate instructions for offering full time employment to these part time casuals of RMS BM Division.

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