To
Sh.
P.K.Bisoi,
The
Mamber (Personnel)
Postal Services Board,
Postal Directorate, New Delhi-110001
No. CHQ/POA/1-60/2018-19
Dated 22.04.2019
Sub: Regarding Draft seniority list of PS Group B
Officers as on 01.04.2017.
Ref: Directorate letter No. 9-02/2019 SPG II
dated 15.03.2019
Respected Sir,
It is to
inform your kind honor that department issued two seniority lists dated
24-1-2019 and 15-3-2019 showing different seniority of Group B officers on each
occasion. In this regards, Postal officers Association put forth its view point
before the authorities against both the seniority list which we considered
vital for its members and so as to avoid future complications. Copies of both
the communications are enclosed for reference.
It is pertinent
to mention here that the main reason for confusion in issuing correct seniority
list is wrong calculation of vacancies under 75%, 19% and 6% quota and tilting
cadre strength to one side destroying the already settled position. On the
basis of recruitment rules the strength reservation in different quota is as
under for which separate post based rosters have also been maintained:
|
Total Number of
Posts
|
866
|
|
NO. of 75% IP line
posts to be filled through Seniority cum fitness
|
649
|
|
NO. of 19% IP line
posts to be filled through LDCE
|
165
|
|
NO. of 6% General
line posts to be filled through LDCE
|
52
|
This Association several times
apprised directorate that distribution of vacancies should only be as per quota
under each category without increasing or decreasing the number of posts given
in the roster point that could only be in the interest of both IP Line and
General Line officials but nothing was done by the Department. In this, regard
Dte. order No. 11-15/2007-SPG dated 7-01-2009 issued consequent upon decision
of OA No. 657/HP/2007 also refers. The Chandigarh CAT bench in the OA No.
399/PB/2011 has also ordered to promote IPs under respective quota only. In
this regards, directorate file number 9-67/2006-SPG refers.
The
calculation of vacancies in any other manner can be against the principles of
natural justice because reservation in promotion by seniority subject to
fitness was introduced in 1972, subject to the some condition. In 1974, reservations
in promotion by selection from C to B within B and from B to the lowest rung of
Group A were introduced provided the element of direct recruitment does not
exceed 50%. But in our case one day will come when above principle would
tilt the balance in favour of 25% quota and eventually destroy the object of
maintaining roster under fixed quota. The day will come when no promotion will
be there against seniority cum fitness (75%) quota.
Furthermore,
in PS Group B element of direct recruitment is not involved and in such case
how department is referring to DoPT letter no. 14017/2/1997- Esstt.(RR)/pt
dated 19-1-2007 is a matter of concern for the seniors waiting for their
promotion as per seniority. Even the Chandigarh CAT bench while conveying
decision in OA No. 399/PB/2011, has not taken this DoPT letter into
consideration because it apparently applicable to reservation in promotion of
SC/ST or promotion where element of direct recruitment is involved. The orders
of CAT bench in OA no. 399/PB/2011 were not challenged in Hon’ble Punjab and
Haryana High Court as did in other verdicts. Had this been done the aggrieved
might also have got opportunity to place their view point before Apex court.
Now at this juncture changing seniority fixed earlier giving benefit to these
out of turn promotes is great injustice with those waiting for promotion to JTS
even after rendering 33 years of service in IP cadre and completed mandatory
Group B service condition.
In view of
above, it is requested to kindly cause intervention and to fix seniority of PS
Group B officers within respective quota against 649 posts through seniority
cum fitness,165 posts through LDCE from
IPs and 52 posts from GL officials. The recruitment done over and above to that
may only be adjusted against future vacancies. Seniority list should also be
circulated amongst all and enough time should be given to all members to
represent and put their grievances.
With
profound regards.
Yours sincerely,
(R.N.Yadav)
General Secretary
Postal Officer
Association
Annex-I
To
Sh. A.N.Nanda,
The
Secretary (Post)
Department
of Post
Dak Bhawan, Sansad Marg
New Delhi-100001
No. CHQ/POA/1-54/2017-18 Dated 19.03.2019
Sub: Regarding Draft seniority list of PS Group B
Officers as on 01.04.2017.
Ref : Directorate letter No. 9-02/2019 SPG II
dated 15.03.2019
Sir,
This is regarding draft seniority list of PS Group B
Officers corrected up to 01.04.2017, circulated vide letter referred to above. In
a clear and unambiguous term, covering letter demonstrates the view that list needs
to be finalized by 25.03.2019 so as to proceed with the DPC for JTS Group ‘A’. In
this regard the letter dated 18-2-2019 written by this association (copy
enclosed) may also kindly be referred to.
The Association further wishes to bring following facts before the
authorities which are vital for consideration so as to avoid future
complications.
2. Directorate while declaring the revised
results has categorically stated that these results are subject to outcome of
numerous cases pending adjudication before different Benches of entire country
by the effected officers of different circles. Pertinently, these cases/Linked
cases need to be finalized first. When the results have not attained finality, then
how a valid and proper draft of seniority list is made.
3. Hon’ble APEX Court while deciding the
SLP (C) No. 24725/2017 (arising out of impugned order dated 05.12.16 in WP N.
25931/2015 of Hyderabad High Court) in UOI & others Vs Konidela Remesh Babu
& others, on 10.10.2017 has categorically clarified that promotion which
has already been given may not be disturbed but the respondents will be
entitled to be considered against any further vacancies by making suitable
adjustment in future in accordance with impugned judgment. As such, law holding
the field is that respondents are to be considered against future vacancies.
Hence, Draft seniority list is violative of the directions of Hon’ble APEX
Court.
4. It is pertinent to mention that
notification issued by the Directorate for conducting LDCE for PS Group B at
much later stage, never calls for PS Group B officers in position to compete in
the exam. Had such persons were allowed to appear in the exam, they would have
got fair chance to appear and in a way would have protected their seniority?
Depravation is, thus, writ large in that view.
5. Draft seniority list has been
circulated without keeping in mind the RRs of Indian Postal Service (Group ‘A’
posts), which prescribes for filling up 50% posts from amongst Officers of
Postal Service, Group ‘B’ and Senior Postmaster Grade in the scale of pay of
Rs. 9,300 – 34,800 with grade pay Rs. 4,800 in Pay Band- 2 with two years’
service in those grades rendered after appointment thereto on regular basis, who have successfully completed minimum two
weeks’ Departmental Induction Training.
6.
Further Note below prescribes that
where juniors who have completed their qualifying or eligibility service are
being considered for promotion, their seniors would also be considered provided
they are not short of the requisite qualifying or eligibility service by more
than half of such qualifying or eligibility service or two years, whichever is
less and have successfully completed their probation period for promotion to
the next higher grade along with their juniors who have already completed such
qualifying or eligibility service. Moreover directorate has completely ignored
the decision given in O.A.No. 399/PB/11 dated 26.5.2011 of Hon’ble C.A.T
Chandigarh Bench and not provided any opportunity to the officers promoted on
the basis of that orders which is arbitrary discriminatory and injustice with
seniors waiting promotion to JTS at the verge of retirement. Had this been done
the effected officers would have opportunity to represent or go to Hon’ble High
Court for justice but this has not done and department has fixed seniority by
circulating final gradation list in 2014. Issue of fresh seniority list without
giving opportunity to effected officers is discriminatory.
7. Meaning thereby, attempt is being made
to extend benefit to such persons by fixing their seniority in hurry and casual
manner and above the persons who have already completed qualifying service. Moreover
here element of direct recruitment is not involved. It is simply out of turn promotion
through LDCE against 25% quota and seniority cum fitness against 75% quota for
which separate roster have been prepared with fixed number of post which can
neither be increased nor decreased, so fixing seniority of officers coming from
75% quota is injustice with senior officers. Besides all, name of officers
promoted through seniority cum fitness in a particular vacancy year though now
retired has not been mentioned. In such cases how seniority can be compared and
checked. Furthermore once gradation list was approved in 2014 and objection at
that time was settled, how the seniority of officers can be changed now when
many of the officers have retired and the fresh list is not having their names.
In
view of above, it is earnestly requested to kindly cause intervention and
withholds the seniority list, which is improper and
inaccurate from the point of various parameters emerged due to delay in conduct
of exam and other aspects. Seniority list should also be circulated amongst all
and enough time should be given to all members to represent and put their
grievances. It is also requested to kindly given opportunity to hear the
members of this association before taking further course of action.
With
profound regards.
Yours sincerely,
(R.N.Yadav)
General Secretary
Postal Officer
Association
To
Sh. A.N.Nanda,
The
Secretary (Post)
Department
of Post
Dak Bhawan, Sansad Marg
New Delhi-100001
No. CHQ/POA/1-51/2017-18 Dated 18.02.2019
Subject:
Draft Seniority list of P.S.Group ‘B’ officers as on 1.04.2016 – reg.
Ref : Directorate
memo No. 9-02/2019-SPG-II dated 24th January 2019
Respected
Sir,
Postal
officer Association expresses its sincere gratitude to the staff of SPB-II
Division of Directorate for issue of draft seniority list of P.S.Group ‘B’
officers corrected up-to 1.04.2016. At the same time it is apprised that the
seniority list is full of ambiguities that needs rectification by taking the
following into consideration before issue of the final draft.
Most
of the members of this Association particularly senior officer promoted against
seniority quota and on the verge of retirement has noticed that above seniority
lists has not been prepared correctly as their interest and rights for
promotion to JTS have been completely ignored. No care has been bestowed while
fixing the seniority as per given quota in the available sanctioned strength of
866 posts in PS Group “B” cadre. As per already settled position, 649 Group ‘B’
posts against 75% quota have been earmarked for selection on the basis of
seniority cum fitness, 165 posts against 19% quota for LDCE from IP line
officials and 6% i.e. 52 posts through LDCE for General Line officials. For all
these three quotas separate post based rosters have been prepared by the
department clearly marking the total vacancy earmarked for each quota without
any dispute. This fact has been completely ignored affecting the right of
senior officers.
It
is also brought to your kind notice that when 165 (IP line) + 52(General line)
= 217 posts alone are reserved under the 19% and 6% quota for promotion through
Limited Departmental Competitive Examination from a particular line how about
220 junior most officers promoted through LDCE can be adjusted in the so called
new seniority list ignoring the right of officers promoted through seniority
cum fitness. This is despite the fact that more than 100 officers promoted
through LDCE of 25% quota roster are already finding place in the seniority
list. Apparently post based roster has not been consulted while calculated
vacancies and now the present seniority list will further mar the promotion of
officers promoted through seniority cum fitness. This shows that there was
something grossly wrong with the stand taken by the department to adjust such
promote at the cost of seniors waiting their turn in JTS even after rendering
31 years of service in IP line.
Furthermore
supplementary DPC for the left out 23 vacancies for the vacancy year 2011-12
was not convened that also disturb the seniority of officers promoted against
75% quota meant for seniority-cum-fitness promotions of the respective year. As
such 23 IPs of 1988 batch should be placed above serial number 225 of seniority
list. Moreover name of some the officers selection of those was kept
in sealed cover and now promoted in respective vacancy year is missing in the seniority
list. Name of officers listed at serial number 228 to 240 needs to be discarded
being double entry. In the remarks column, the method of selection whether it
seniority cum fitness or LDCE or GL has not been mentioned to check the
inter-se-seniority.
It
is therefore requested to revise the seniority list by settling the above
ambiguity so that no one feels discriminated.
The
Association solicits your lawful support and action.
Yours sincerely,
(R.N.Yadav)
General Secretary
Postal Officer
Association