Fight Collectively and Be Positive  

There were supportive tweets, comments and demands on a letter written to Secretary Post on JTS issue. At the same time there was suggestion for writing further for maintaining hierarchical balance in the cadre so that all may get timely promotion and elevation to JTS/STS cadre. Some of the comments have been published and some deleted not known to every one for such deletion. Any way some fear of being annoyed or others happiness can be the cause.  We are emotional beings and experience a wide range of feelings on a daily basis. Negative emotions – such as fear and anger – help us to get away from danger or defend ourselves. And positive emotions – such as enjoyment and hope – help us to connect with others and build our capacity to cope when things go wrong. Yes, we should also be viewed in a positive way as it can spur us to do better. It is an opportunity to improve. We should like our thoughts but at the same time it is also reality that we, as divisional heads and subordinate to officers sitting at helm of affairs watching us with???? mark, cannot move all the things as per our will. We can’t depend on association too for every need and deeds but for these we have to fight legally particularly when legally course of action is in our favour. In case the DPC is not being conducted in time, it is administrative dispensation to do so in time, it is held in many cases that the competent authority is expected to be in the know exactly when a particular vacancy would occur. The availability of those eligible for consideration thereof would, obviously, be to the notice of competent authority. In the normal course of things the relevant consideration must come about within a reasonable time. If it gets delayed for one reason or other, the employee ultimately promoted ought to get benefit of promotion with effect from the date the vacancy becomes available. The availability of a vacancy is the first essential facet of consideration, the other being the eligibility thereof. If these two faces co-exist and the consideration gets delayed for no fault of the employee ultimately found fit for promotion, principle of natural justice would require the grant of the benefit with retrospective effect. Such retrospective promotion was ordered by Apex Court to mitigate the hardship of the employee in view of the fact that the delay was not attributable to the employee.  In view of this if DPC is not being held, no matters but the eligible Group B officers will legally get benefit and seniority from the date of eligibility. We have the determination to fight for rights. The individual officer eligible for promotion should come forward  instead of depending on association.Association can write to administration but not fight in the court of law. Yes association will file case in CAT in case pay anomalies brought to the notice of Directorate are not settled. Be positive, Be Happy and be united.

Members are requested to go through the below mentioned letter and suggest the action required at our level so that all our Group A and B members may get the benefit of  revision w.e.f 1-1-2006 along with other benefits. If there needs be our association will file case in CAT for relief but before that we have to exhaust all the admn. channels .Similar letter was addressed earlier but this one will be issued after necessary amendments as per suggestion of the members.

To

Sh. A.N.Nanda,

The Secretary (Post)

                           Department of Post

                          Dak Bhawan, Sansad Marg

                          New Delhi-160017 

 Respected Sir,

On behalf of the Postal officer Association, I wish to bring to your kind notice one of the issues pending since long regarding non-grant of increment while placing the Group B officers in the GP of Rs. 5400/- particularly those promoted after 1-1-2012. It is being kindly recalled that this concern was brought to your kind notice and your predecessor too through various communications. Now the equation has changed on granting GP of Rs.4600/- to IPs but without any relief and solace to Group B officers.

            It is reiterated that on the recommendation of 6th CPC, IPs i.e. our feeder cadre having pre revised scale of 5500-175-9000 were placed in the GP of Rs.4200/-, ASPs in 4600/- and Group B in 4800/- coupled with GP of Rs 5400/- after 4 years of service. Consequently many our members were getting pay fixture under 2nd and 3rd MACP to that level on personal basis without actual promotion. There was only charm of getting fixture after four years of service on joining Group B under non functional GP of 5400/- but unfortunately this fixture has also been withdrawn by the department without any logic, reason and rhyme while placing Group B officer at level 9 on implementation of 7th pay commission.  Whereas Ministry of Finance vide F No. 26017/219/2016- Ad.II.A dated 10-4-2017 has clarified to the revenue department that since 7th CPC recommended only normal replacement pay level for Superintendents so NFGP introduced on the basis of 6th CPC recommendation will continue under 7th CPC regime by replacing the pay structure of pay band and Grade pays with the corresponding Pay Levels/ Cells in Pay Matrix. Our department is silent on this texture too leaving Group B officer in lurch.

Now on grant of GP of Rs. 4600/- to IPs w.e.f 1-1-2006 having equivalent replacement scale of 7450-225-11500 will create more anomalies in the hierarchy that needs to be looked into on priority. Keeping ASPs at the same GP of Rs.4600/- that has not even enjoyed by ASPs before implementation of 6th pay commission is arbitrary, discriminatory and against equality. Under 5th pay commission the ASPs in the pay scale of 6500-10500 were given replacement higher scale of 7450-225-11500 without any benefit of increment. Since the ASPs have been placed in identical scale so as provided in MOF OM No. 10/2/2011.E.III/A dated 7-1-2013, the fixation of pay on promotion from one post to another where promotional post carries the same GP as the feeder post, in such cases fixture of pay will be done in the manner as prescribed in Rule 13 (i) of CCS (RP) rules 2008.  Apparently ASPs now in PS Group "B" or "A"are also eligible for grant one increment w.e.f 1-1-2006 in the identical scale having two different cadres. Besides, bunching benefit should be given retrospectively.

On the recommendation of 7th CPC, pre-revised Grade Pay of Rs 4800/- in pay scale of Rs 9300-34800 in PB (2) has been replaced with Grade pay of Rs. 5400/-with effect from 01-01-2016 to PS Group “B” officers with simple replacement as given in the illustration too. However in view of clarification issued by Ministry of Finance vide F No. 26017/219/2016- Ad.II.A dated 10-4-2017 NFGP introduced on the basis of 6th CPC recommendation will continue under 7th CPC regime by replacing the pay structure of pay band and Grade pays with the corresponding Pay Levels/ Cells in Pay Matrix. As such all PS Group B officers are eligible for fixture of pay on completion of four years of service in Group B with corresponding pay levels/cells in  Pay Matrix.

It is therefore urged to kindly intervene and get the above anomalies settled early by issuing orders to re-fix the pay of PS Group B officers’ w.e.f 1-1-2006 starting  from  IP/ASP cadre onward so that the members of the Association may not feel discriminated.

With warm regards

Yours sincerely,

(R N Yadav )

Request Draft letter for Convening of early regular DPC for promotion to JTS Group ‘A’ is placed below for approval of members. It will be issue on 29-12-2017 with changes as per satisfaction of members. Kindly suggest changes so that appealing letter may be issued.

To,

Sh. A.N.Nanda

Secretary Posts,

Department of Posts,

Dak Bhavan, New Delhi 110 001.

Sub:     Convening of early regular DPC for promotion to JTS Group ‘A’

Respected Sir,

Kindly refer to this Association letter of even number dated 12/10/2017 wherein various after effects and injustice being meted out to our members due to non convening of timely DPC was brought to your kind notice but action is still pending. At the same time, it is fact that considerable number of vacancies in JTS Group ‘A’ under promotional quota are lying vacant and officers in line of consideration are retiring without getting the due benefit of promotion.

    

2.       Needless to say, that convening of timely DPCs and draw up panel taking into account chain vacancies is obligatory on the part of administration and legitimate right of the employees but last DPC was held on 17.12.2015 for 36 vacancies.  During December, 2015 itself nearly 8 officers were retired.  Thereafter no JTS DPC was conducted and the promotion list was not released for the past two years perhaps on the pretext of non-finalization of the reservation issue in promotion  consequent upon orders passed in  CP(C) no. 314/2016 and upheld in SLP (C) no. 4831/2012 in Samta Andolan Samiti versus Sanjay Kothari & Others.

3.       It is pertinent to mention here that reservation in promotion is purely a Govt. policy matter and the Hon’ble Supreme Court has not stayed the convening of DPC. It is other matter that DOPT, UPSC are throwing the wall on one another to the suffering and agony of employees. Further the delay in regular promotion (mercy grant) to those at verge of retirement would be the most sufferers for not convening of JTS Group ‘A’ DPC, having cascading effect to their pensionary benefits and retirement life without fault on their part. 

4.         In view of the above, it is again requested that early action may kindly be taken immediately to convene the DPC and put in place the same retrospectively to safeguard the legitimate right of the deserving employees.

With profound regards and New Year Greetings,

Yours Sincerely

R N Yadav

Request letter for grant of Grade Pay of Rs 5400/- after completion of 4 years of regular service in G.P. of Rs. 4800/- earned under MACP Scheme.

To

Sh. A.N.Nanda,

The Secretary (Post)

                 Department of Post

                 Dak Bhawan, Sansad Marg

                 New Delhi-110011 

Respected Sir,

        Association wishes to bring to your kind notice the following provisions requiring in-depth analysis, favouring for grant of GP of Rs. 5400/- to those entire IP cadre officials, after immediate completion of their regular service in GP of Rs.4800/- earned under MACP. It is hoped that these would certainly find in line and would be taken into consideration before arriving at a just and favourable decision. This representation is preferred upon a judicial pronouncement by the Hon’ble Madras High Court in Writ Petition No.13225/2010 M. Subramaniam v. Union of India and others, decided on 06.09.2010 and also an order passed by the Principal Bench in OA-2930/2014.  

As per Government of India’s Resolution No.  M.F No. 1/1/2008-1C, dated 29.08.2008 ,clause (x) (e), “Group-B officers of Departments of Posts, Revenue, etc. will be granted Grade Pay of Rs, 5,400/- in PB-2 on non – functional basis after 4 years of regular service in the grade pay of Rs,4,800/- in PB-2”. As per this clause all the group “B” officers of Department of post, Revenue etc will be granted grade pay of Rs. 5,400/- in PB- 2 on non functional basis after 4 years of regular service in the grade pay of the 4800 in PB-2.

Further, as per Para 9 of the Annexure I to DoPT O.M. dated 19.05.2009 issued from F.No. 35034/3/2008-Estt.(D):  “Regular Service for the purpose of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption / re-employment basis…...past continuous regular service in another Government Department in a post carrying same grade pay prior to regular appointment in a new Department, without a break, shall also be counted towards qualifying regular service for the purpose of MACPS….’’.As per Para 2 of DoP&T OM No 5034/3/2008-Estt(D)(Vol.II) dated 01.11.2010: “….financial upgradation under the MACPS shall be allowed in the immediate next higher grade pay in the hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, 2008”.

The 1^st schedule of CCS(RP) Rules, 2008 as mentioned in Rule 3 & 4 above, pay band & grade pay on the pay scale as applicable for every post/grade shall be specified. Para 7.6.14 of the report of Pay commission would make it clear that a Group “B” officer in PB-2 with a Grade pay of Rs. 4800/- will get the Grade Pay of Rs. 5400/- after completing 4 years of regular service on non – functional basis. The enhancement of grade pay is not dependent on the post, but on regular service of 4 years in Grade Pay of Rs. 4,800/- in PB-2 (Rs.7,500- 12000 pre-revised).

In this context, it is pertinent to mention here that as per GOI resolution 1/1/2008 IC dated 29.8.08 does not make a categorization within Group B cadres viz ASP/ Supdt. in Departments of Post for the purpose of grant of Grade Pay of Rs 5400/- as both cadre are in Group B and enjoying  gazetted status. In terms of MACP scheme notified by the DoPT vide OM No 35034/1/97- Estt(D)  dated 9.8.1999, the financial up-gradation under the scheme should be granted to the pay scale of the next hierarchical cadre.

It is not out of place to mention here that on plain reading of DOP&T memorandum No. 10/02/2011.E.III/A dated 7-1.2013 leads to the conclusion that either pay of the officer on assuming higher responsibility should be fixed under FR 22 1(a) 1 in the same GP treating regular service on promotion in the relevant GP or financial upgradation under MACP or otherwise should be considered a regular service in that GP. Two separate interpretations on one issue are bad in the eyes of law and are considered mischievous, far-fetched, hyper technical and illegal.

Similar matter had come up for decision before the Hon’ble Central Administrative Tribunal Madras Bench. The said tribunal had ruled in favour of the employee to the effect that if an officer has completed 4 years on 01.01.2006 or earlier, he will be given the non-functional upgradation with effect from 01.01.2006 and “if the officer completes 4 year on a date after 01.01.2006, he will be given non-functional upgradation from such date on which he completes 4 year in the pay scale of Rs.7,500-12,000 (pre-revised), since the petitioner admittedly completed 4 year period in the pay scale of Rs.7500-12000 as on 01.01.2008, he is entitled to grade pay of Rs.5400/-. In fact, the Government of India, having accepted the recommendations of the 6th Pay Commission, issued a resolution dated 29.08.2008 granting grade pay of Rs.5400/- to the Group-B Officers in Pay Band 2 on non-functional basis after four years of regular service in the grade pay of Rs.4800/- in pay band-2. Therefore, denial of the same benefit to the petitioner based on the clarification issued by the Under Secretary to the Government was contrary to the above said clarification and without amending the rules of the revised pay scale, such decision cannot be taken. Therefore, we are inclined to interfere with the order of the Tribunal”.

The said decision was challenged by the revenue department before the Hon’ble High court of Madras. The challenge made by the department had been rejected by the said court meaning thereby the CAT orders stood affirmed. The judgement passed by the Hon’ble High court of Madras was challenged before the Hon’ble Supreme Court of India and challenge so made stood rejected even by the Hon’ble Apex court. As such orders passed by CAT bench become applicable to all similar placed officers being the SLP rejected by Hon’ble Apex court so should be applicable to the officer of DOP also.

It is pertinent to mention here that in similar placed applicant other benches of CAT upheld the decision of Hon’ble High Court of Madras and passed orders”Considering the reasoning given by the Hon’ble Madras High Court, we declare the action of the respondents in not granting the grade pay of Rs.5400/- to the applicants on completion of four years service in grade pay of Rs.4800 as illegal and unjustified”.

Recently Ministry of Information and Broadcasting vide letter no F. No.515/63/2016-BA(E) after having approval of Department of Expenditure, MOF as conveyed vide UO NO. 22(4)/E.III.B dated 10.11.2017 extended benefit of Grade pay of Rs. 5400/- in PB-II on non functional basis after 4 years of regular service in the grade pay of Rs.4800/- in PB-II to all similar placed officers in their department. Whereas, PS Group B officer of DOP are more analogous than AEs of Ministry of Information  Broadcasting as in Government of India’s Resolution No.  M.F No. 1/1/2008-1C, Dt. 29.08.2008, clause (x) (e), “Group-B officers of Departments of Posts, Revenue, etc. is clearly spelled out.

        In the light of above submissions, it is most humbly prayed that Non Functional Grade Pay of 5400/- may please be granted to all the IP/ASP/PS Group B officers effective from the date they have completed 4 years regular service in Grade Pay of 4800/-. This will meet the end of justice.

        With profound regards.

Yours Sincerely

  

(R N Yadav)

To

Sh. A.N.Nanda,

The Secretary (Post)

                           Department of Post

                           Dak Bhawan, Sansad Marg

                           New Delhi-160017   

Sub:     Request for convening already over delayed JTS DPC early to run the postal divisions smoothly.

 Respected Sir,     

Postal Officers Association would like to bring to your kind notice that DPCs for promotion to the cadre of JTS Gr. A for the year 2016-17 has not been declared so far for the reasons best known to administration. Resultantly, the officers in the line of consideration are being discriminated financially and are construing denial of fixation in seniority at a relevant place of the given vacancy years.

Moreover non-convening of timely DPCs in JTS cadre and non posting of STS Officers by issuing necessary orders on vacant post in circles years together is placing burden on PS Group B officers either of adhoc arrangement or working thereto on downgraded posts without substantial benefits that too in contravention to DoP&T instructions. Authorities empowered to make adhoc-promotion to Group B only up-to three months (Directorate Letter no. 4-9/88-SPG dated 14.10.1989) are exceeding their powers on their own without obtaining specific approval from DOP&T.

Furthermore, JTS DPC for 2017 is due for which process should have been commenced by now taking into consideration, any of the cascading effect on number of vacancies in respective quota (75%) for promote for the vacancy year 2016-17. As a matter of natural justice DPC for 2016-17 should have been as per old recruitment rules for which our quota was fixed @75%. Sir, our effected members on this issue are voicing against discrimination that is due to non insertion of twelve vacancies reduced as a result of 7^th cadre review of IPoS officers and further reduction of our share from 75% to 50% in the future recruitment.

As per extent instructions contained in Department of Personnel and Training  OM No. 22011/4/2013—Estt(D) , the  zone  of  consideration has  still to be wide  enough  to cater to  the needs of the Department / cadre authorities  for giving  an  extended panel  against empanelled  officers who have retired or will be retiring in the course of the vacancy year or who have refused promotion and are under debarment. Thus, there is a need for optimizing the size of zone of consideration. This should be taken care of so that officers at the fag end of their service may get the fruit of JTS promotion.

It is therefore earnestly requested to kindly look into the matter personally and issue directions to the respective section of Directorate to take action for completing the process of DPC for 2016-17 against 75% quota. Also kindly put in orders to start the process for convening DPC for the year 2017 taking into consideration all the vacant post of JTS/STS /JAG. Hopping for a just and positive action at the earliest.

With Warm Regards.

              Yours faithfully, 

(R N YADAV)

GENERAL SECRETARY,

POSTAL OFFICER ASSOCIATION

It is admitted fact that our cadre is the Chief constituent of the executive arm of the Department as such there must be better promotional avenues for us including timely DPCs but our issues are relegated to back seat and made to suffer in the department. This is so because ours is a divided house and posing threat to ourselves by reflecting different ideas at the same time those are not even related to us, having no faith in the leadership whom we have given a command. Now see the posting in POA group, one of the officers is disappointed saying that JTS DPC is not being pursued. His second concern is cadre restructuring which is rather out of the purview of POA even to take up at any level. Notwithstanding  Directorate has already called comments on this issue from Circles on the proposal submitted by GS IPASP association taking it appropriate authority to represent. As far as JTC DPC is concerned, our association has already taken up this issue forcefully but is pending with DOPT to comply with the orders that can not discussed here and till then nobody is going to accommodate us except to wait. What association can do and what our members want ends with due apology. It is clear that complexity should not be created by mixing all the things those are out of our purview and are not going to bring solace for us even if taken to fight legally also. Why we are not talking about Non-Grant of NFSG to PS Group B officers and non grant of increment on promotion to Group B cadre. Association will file CAT cases on these issues if not decided by department. We are also watching fixture of pay to IPs/ASPs w.e.f 1-1-2006 and only thereafter will decide next course of action. Have a faith and adopt wait and watch policy. Till then be united. Thanking You

 

I wanted to take a moment to let our members know that this blog was created by our senior and respectful dignitary Sh. V. K. Singh now working as Director PTC Sharanpur (UP). Consequent upon his promotion to JAG he handed over charge of GS POA to Sh. R.N.Yadav SPOs Etawah as per decision of the than house. It is hoped that Mr. Singh will still guide us with same zeal and gist as he did while working as GS of this association sparing his valuable time from official errands. Sir our sincere thank for the support, guidance, and encouragement you have provided during your tenure as GS. You as GS of this association will be known for the truth, dignity, selflessness, honesty and justice for all. The association is very thankful to you for all the guidance, input provided to all of us & hard work over the years.

Now this blog is dedicated to and open for all the members for putting posts, rulings concerning us, valuable comments or anything in the interest of members with the approval of our GS Sh. R.N.Yadav. His extensive technological experience and multiple departmental successes as a results-driven entrepreneur will definitely made him stand out as the right leader to grow postal department as whole and this association particularly into the next era.Our appeal to all the members is that they should shun their ego, do selfless work for the unity and dignity of the association. We took an oath that will never be influenced by diminution of zeal for the future interest of our members.

Thanks and Regards for all 

all postal group B n group A officers are requested to make available any new information to GS Mr R.NYadav n Mr hari mohan AD punjab circle so that it could be uploaded on website as well as blog n poassn FB group...