Government of India
Ministry of Communications & IT
Department of Posts
Dak Bhawan, Sansd Marg,
New Delhi-110001.
No.13/01/2010-SR Dated: - 18th February, 2010
To
- All Heads of Postal Circle,
- All Postmasters General,
- Director of Postal Staff College, Ghaziabad (UP)
- CGM, PLI Directorate, Chankyapuri PO, New Delhi
- CGM, BD & M Directorate, Dak Bhawan, New Delhi
- DDG (PAF)/Chief Engineer (Civil)/ ADG (Admn), Department of Posts.
- Postmaster General, Foreign Mails, Mumbai.
- All Directors, Postal Training Centres.
- Directors Foreign Mails, Chennai, Kolkata and Delhi
- All Directors/Dy. Directors of Accounts (Postal).
- All Service Associations
- DOP&T, JCA Section, North Block, New Delhi
Subject: - CCS (RSA) Rules, 1993- Re-verification of membership for recognition of Service Association – Procedure regarding.
Sir/Madam,
I am directed to refer to the Department's letter No. 13/04/2007-SR dated 17th April, 2009 on the above-mentioned subject. The re-verification process initiated in compliance with the direction of the Hon'ble High Court of Judicature at Madras, vide the aforesaid letter, had to be abandoned due to further litigation in the matter as per details given below:-
| S.N. | WP No. | Filed in/by | Prayer made | Decision of the High Court |
| 1. | SB Civil WP No. 5037/2009 | High Court at Jodhpur by BPEU Class.III | Extension of time for submission of authorization letters | In the counter Affidavit, the Department agreed to extend the time limit. |
| 2. | Contempt Petition No. 950/09 | High Court Madras by BPEU Class III | The entire process to be handled by Divisional Head | The direction given in WP No. 4704 of 1999 dated 06.01.2009 should be strictly followed. |
2. With the closure of the above filed Petitions, it has been decided to re-initiate the process of re-verification of membership for recognition of service associations as per the following procedure:-
(i) Every employee desiring to be a member of service Association will give a letter of authorization in writing, addressed to the Divisional Head in the prescribed Proforma (Annexure-II) (bearing the signature of Director (SR & Legal) for deduction of subscription from his pay. The letter of authorization is to be sent through the applicant Service Association to which the membership is sought, so as to reach the Divisional Head on or before 26.04.2010, for scrutiny. Any authorization given through a non-applicant association will be ignored. The Associations will also submit to the Divisional Head a list of members in quintuplicate (5-copies) duly signed by the authorized office bearer on each page of list. At this stage, the Divisional Head will scrutinize the letters of authorization in the presence of one representative from each of the Association.
(ii) After scrutiny of the letters of authorization and comparing them with the list submitted by the Association, the Divisional Head will display one copy of each set of lists on the notice board from 27.04.2010 to 30.04.2010. An individual employee, whose name has been included in more than one Associations' List exhibited on the Notice Board, may, if he so desires, submit a representation, to the Divisional Head by 06.05.2010. The employee concerned must specifically indicate in the representation with supporting material, if any, that he has given the authorization in favour of a specific Association (Name must be given) and the authorization in favour of the other Association (Name must be given) is fake one. The Divisional Head on his part will scrutinize the authorization given by the employee and in case he finds that the authorization was not genuine, he may delete his name from the concerned list under intimation to the concerned Association and allow it to be included in the list, the employee genuinely chooses. Trade union facilities of such authorized office bearer who signed the fake/fabricated/non-genuine authorization would be withdrawn as per prevailing instructions, till the next verification process. However, if on scrutiny by the Divisional Head, both the authorizations are found to be authentic given by the employee, both the authorizations would be treated as invalid and the employees concerned would not be allowed to become member of any Association. No representation received after 06.05.2010 will be entertained. Any other complaint received in this regard will also be considered and disposed of by the Divisional Head by 06.05.2010, after which a copy of each list will be made available to the authorized office bearers of all the participating associations in that category, duly acknowledging the receipt of lists in duplicate and also the authorization letters, which will be transferred to the Drawing and Disbursing Officer.
(iii) Here it may be pertinent to mention for information of the member employees of various service associations that issuing authorization letter in favour of more than one service association is against the spirit of the general instructions on the subject and creates obstruction in the way of recognition of genuine and deserving associations. Therefore, the practice may be avoided under all circumstances. Further instances have come to notice where some of the authorized office bearers deliberately avoided handing over the authorization letters to the Divisional Head/Circle Heads. In this regard it is made clear that in all such cases and once the malafide on the part of authorized office bearers is established, he/she will be debarred from being the office bearer of any association till the next verification process. In such cases, the General Secretary/Circle Secretary may submit authorization letters direct to the concerned Divisional Head.
(iv). The letters of authorization will be grouped category/Designation-wise and filed securely in guard files by the Drawing and Disbursing Officer who will note down the details of the authorizations in a register, the format of which is indicated in Annexure-III. The serial number in Annexure III should also be marked on the authorization letter placed in the guard file, duly authenticated by the Divisional Head.
(v) (a) All the Drawing & Disbursing Officers will start making monthly recovery from the employees who authorize such recovery out of their salary for the month of May, 2010 payable on 31.05.2010.
(b) Recovery of subscriptions being made in respect of Service Associations on the basis of old authorization will be made till April, 2010 salary (payable on 30.04.2010) except for All India Association of Postal Supervisors (GL) as in their case, as per the directions of the Hon'ble High Court, Delhi in CWP No. 1827/97, status-quo is to be maintained till the case is heard. The status quo position as ordered by the Honorable Court will be applicable in regard to recognition of various associations in this category as also its membership.
(vi). Drawing & Disbursing Officer shall make recovery of monthly subscription from pay in favour of a particular Association every month.
(vii). An extract from the register in duplicate will be handed over to the Cashier for making necessary entries in the acquittance roll (ACG 24) of the month concerned. A suitable column in the acquittance roll. Viz. 'Membership/Subscription to Service Association' may be opened to record the deduction separately. The deduction made by the Cashier through acquittance roll will be 'Out-of-account' transactions of the Government account.
(viii). Drawing & Disbursing Officer after making the deductions will remit the amount to the Divisional Secretary of the concerned Association who, in turn, will remit this amount to the All India, Circle etc. as per the quota fixed in their respective constitutions. There is no objection if the membership subscription is remitted to the Circle/Central body of the Association for further distribution, provided such a provision is made in the constitution of the Association. The total deductions and total number of persons covered by the amount remitted should also be specified.
(ix). Remittance to the Association should on no account be made by means of Service Money Orders.
(x). Divisional Head will ensure that work relating to verification and its compilation is completed by 11.06.2010 and is reported to the Heads of Circles with details of the total number of persons belonging to each of the Service Associations in the Proforma as per Annexure-IV and one copy of Annexure IV is displayed on the notice board on the same day.
(xi). Divisional Head will ensure that while counting total strength in respect of a particular category, total employees actually working and eligible for being included in that category may be taken into account. They should not report the total number of sanctioned posts.
(xii). The Heads of Circles will send the consolidated statement to SR Section, Department of Posts in the Proforma at Annexure IV by 25.06.10 and display its one copy on Notice Board on the same day. The Circles will ensure that the information in respect of all Divisional Heads has been included in the statement. The concerned Service Associations will also be endorsed the statement referred to above.
3. Generally the Service Associations had a grievance that the Drawing & Disbursing Officers maintain a soft corner for the Association to which they belong (ed). Aggrieved with this, Bharatiya Postal Employees Union filed Writ Petition Nos. 4704 to 4707 of 1999 in the High Court of Judicature at Madras. Agreeing with the view point of the Petitioner Union, the Hon'ble High Court directed the Department of Posts to entrust the verification process to an independent officer in the rank of Divisional Superintendent who will scrutinize the option/authorization form in the presence of one representative from each of the Union. The above directions of High Court, Madras are to be complied with scrupulously. The Heads of Circles will see to it that absolute transparency is observed in carrying out the reverification process and it is conducted in a free and fair manner. In case any irregularity is noticed on the part of any officials/officer, a serious view in the matter be taken and prompt action may be initiated by the competent Disciplinary/Administrative Authorities. Further all Heads of Circles will nominate a senior officer of the Circle (of the level of JAG or above), who will be responsible for attending to complaints and settlement of disputes arising in carrying out the verification process. This will be reported to the undersigned immediately.
4. A list of Service Associations eligible for participation in the verification process is enclosed as Annexure-I. In case any other Service Association intends to participate in the process, it should submit its application direct to the undersigned by email (email ID: subhashchander280@yahoo.com) by 12.03.2010, which will be examined and disposed of by 15.03.2010. Further follow up action will depend upon the decision taken in this regard.
5. The terms 'Drawing & Disbursing Officer', as mentioned above, means only such authority in charge of the work of drawing pay and allowances for an employee.
6. In terms of instructions issued by Department of Personnel & Training vide O.M. No. 2/13/98-JCA dated 11.02.2002, the recognition of service associations granted as a sequel to this exercise shall be valid for a period of five years from the date of issue of order granting recognition.
7. The instructions contained in this letter are to be given wide circulation and are also to be displayed at the Notice Boards so as to avoid any complaint about its non receipt. It is clarified for all concerned that all recognized and unrecognized associations at various levels as indicated in Annexure-I are to be properly apprised of this letter.
8. In all those establishments where there is no Divisional Head, his role will be performed by an officer of the equal rank or by an officer higher in rank than that.
Yours faithfully,
Sd/-
(Subhash Chander)
Director (SR & Legal)
ANNEXURE-I
(File No. 13/01/2010-SR)
DEPARTMENT OF POSTS
SR Section
LIST OF APPLICANT SERVICE ASSOCIATIONS ELIGIBLE FOR PARTICIPATION UNDER RE-VERIFICATION PROCESS
| SN | Category | Employees eligible to be included in this category | Name of the applicant association |
| 1 | 2 | 3 | 4 |
| 1. | Group 'C' (POSTAL) | All Group 'C' Postal staff excluding Postmen and members of Supervisors (GL) Association. | 1. All India Postal Employees Union Group 'C' 2. National Association of Postal Employees Group 'C' 3. Bharatiya Postal Employees Union Class III |
| 2. | Group 'C' RMS including MMS | All Group 'C' staff in RMS and MMS excluding Mail Guards | 1. All India RMS & MMS Employees Union Group 'C' 2. National Union of RMS & MMS Employees Group 'C' 3. Bharatiya RMS & MMS Employees Union Class. III |
| 3. | Group 'D' Postal including Postmen | All Group 'D' Postal staff including Postmen | 1. All India Postal Employees Union Postmen & Multi Skilled Employees/Group 'D' 2. National Union of Postal Employees Postmen & Multi Skilled Employees. 3. Bharatiya Postal Employees Union Postmen & Group 'D' 4.All India Postal Group 'D' Employees Union |
| 4. | Group 'D' (RMS & MMS) including Mail Guards | All Group 'D' staff in RMS & MMS including Mail Guards. | 1. All India RMS & MMS Employees Union Mail Guards & Multi skilled employees. 2. National Union of RMS Employees Mail Guards & Group 'D' 3. Bharatiya RMS & MMS Employees Union Mail Guard & Group 'D' |
| 5. | Circle Office Administrative staff (Group 'C" & 'D' | As in column 2 | 1. All India Postal Administrative Offices' Employees Union Group 'C' & 'D' 2. All India Postal Administrative Offices Association (FNPO) 3. Bharatiya Postal Administrative Offices Employees Union 4. All India Postal Administrative Offices Association (Non Affiliated) |
| 6. | Postal Civil Wing (Group 'C' & 'D') including Jr Engineers | As in Col. 2 | 1. National Union of Postal Civil Wing Non-gazetted employees 2. Bhartiya Postal Civil Wing non-gazetted Employees Union 3. All India Postal Civil Wing Employees Association |
| 7. | Postal Accounts Employees (Group C & D) including Jr. Accounts Officer | As in Col. 2 | 1. All India Postal Accounts Employees Association 2. Bharatiya Postal Accounts Offices Employees Association Gr. 'C' & 'D' 3.All India Postal Accounts Offices Association
|
| 8. | SBCO | All Grades of SBCO staff | 1. All India Postal SBCO Employees Association 2.All India Savings Bank Control Employees Union 3. Indian Postal SBCO Staff Association (FNPO) |
| 9. | PSS Group 'B' Officers | Only PSS Officers (officers promoted from Gr. B to A are also eligible) | Postal Officers' Association (India) |
| 10. | AAO/AO/ Sr.AO | As in Col.2 (JAOs and officials promoted to Gr. A are not eligible) | All India Postal Officer's (Accounts) Association |
| 11. | IPO/IRM Association | Only IPO and ASPOs | 1.All India Association of Inspectors and Assistant Superintendents Posts 2.All India RMS Assistant Superintendent & Inspectors Association |
| 12. | Mail Motor Service Officers | Mail Motor Service & Postal Machine Workshop officers | 1. All India Mail Motor Service Officers Association |
| 13. | Stenographers | All stenographers | All India Postal Stenographers Association |
| 14. | Supervisors (General Line) | All Supervisors LSG/HSG.II including TBOP/BCR officials | In this regard para-2-(v) (b) of the letter refers. |
| 15. | Indian Postal Service Association | All IPS Group 'A' officers | Indian Postal Service Association |
ANNEXURE IV
(File No. 13/01/2010-SR)
DEPARTMENT OF POSTS
PRFORMA OF STATEMENT TO BE SENT BY DIVISIONAL HEAD TO HEADS OF CIRCLE/HEADS OF CIRCLES TO THE DEPARTMENT (Director SR & Legal)
| SN | Category | Total no. of employees in the categ-ory | Name of the applied association | Memberas per check off system |
| 1 | 2 | 3 | 4 | 5 |
| 1. | Group 'C' (POSTAL) |
| 1. All India Postal Employees Union Group 'C' 2. National Association of Postal Employees Group 'C' 3. Bharatiya Postal Employees Union Class III |
|
| 2. | Group 'C' RMS including MMS |
| 1. All India RMS & MMS Employees Union Group 'C' 2. National Union of RMS & MMS Employees Group 'C' 3. Bharatiya RMS & MMS Employees Union Class. III |
|
| 3. | Group 'D' Postal including Postmen |
| 1. . All India Postal Employees Union Postmen & Multi Skilled Employees/Group 'D' 2. National Union of Postal Employees Postmen & Multi Skilled Employees. 3. Bharatiya Postal Employees Union Postmen & Group 'D' 4.All India Postal Group 'D' Employees Union |
|
| 4. | Group 'D' (RMS & MMS) including Mail Guards |
| 1. All India RMS & MMS Employees Union Mail Guards & Multi skilled employees. 2. National Union of RMS Employees Mail Guards & Group 'D' 3. Bharatiya RMS & MMS Employees Union Mail Guard & Group 'D' |
|
| 5. | Circle Office Administrative staff (Group 'C" & 'D' |
| 1. All India Postal Administrative Offices' Employees Union Group 'C' & 'D' 2. All India Postal Administrative Offices Association (FNPO) 3. Bharatiya Postal Administrative Offices Employees Union 4. All India Postal Administrative Offices Association (Non Affiliated) |
|
| 6. | Postal Civil Wing (Group 'C' & 'D') including Jr Engineers |
| 1. National Union of Postal Civil Wing Non-gazetted employees 2. Bhartiya Postal Civil Wing non-gazetted Employees Union) 3. All India Postal Civil Wing Employees Association |
|
| 7. | Postal Accounts Employees (Group C & D) including Jr. Accounts Officer |
| 1. All India Postal Accounts Employees Association 2. Bharatiya Postal Accounts Offices Employees Association Gr. 'C' & 'D' 3.All India Postal Accounts Offices Association
|
|
| 8. | SBCO |
| 1. All India Postal SBCO Employees Association 2.All India Savings Bank Control Employees Union 3. Indian Postal SBCO Staff Association (FNPO) |
|
| 9. | PSS Group 'B' Officers |
| Postal Officers' Association (India) |
|
| 10. | AAO/AO/ Sr.AO |
| All India Postal Officer's (Accounts) Association |
|
| 11. | IPO/IRM Association |
| 1.All India Association of Inspectors and Assistant Superintendents Posts 2.All India RMS Assistant Superintendent & Inspectors Association |
|
| 12. | Mail Motor Service Officers |
| 1. All India Mail Motor Service Officers Association |
|
| 13. | Stenographers |
| All India Postal Stenographers Association |
|
| 14. | Indian Postal Service Association |
| Indian Postal Service Association |
|
Note :-
1. To Heads of Circle from Divisional Heads:-
It is certified that the above information in Column 5 is based on actual letters of authorization received from the concerned employees and deduction will be made from their pay in the month of May, 2010.
Signature of Divisional Head_____________________
2. To the Directorate from Heads of Circle:-
It is certified that the above information has been complied from the reports in the above performa.
Signature of Authorized officer of the Circle_______________________
Annexure-II
NO. 13/01/2010-SR
MINISTRY OF COMMUNICATIONS IT
DEPARTMENT OF POSTS
SR SECTION
NAME OF THE OFFICE__________________________________________________________________________
LETTER OF AUTHORISATION
To
_____________________________
_____________________________
Designation of Divisional Head
I, _______________________________________ (Name & Designation) being a Member of___________________________________________(Name of Service Association) hereby authorize deduction of monthly subscription of Rs___________per month from my salary starting from the month of May 2010 payable on 31-05-2010 and authorize its payment to the above mentioned service Association.
I hereby certify that I have not submitted authorization in favour of any other Service Association. If the above information is found incorrect, I fully understand that my authorization for the Association becomes invalid.
Signature______________________________
Station:-
Dated:-
Name___________________________________
Designation_____________________________
To be filled by the Association
It is certified that Shri/Smt_____________________________is a Member of _____________________________________________ (Name of Service Association)
It is further certified that the above authorization has been signed by Shri/Smt_________________________________in my presence.
Signature___________________________
Name (in Capital) ____________________
Of authorized Office bearer____________
Signature
Name (in Capital)
Of the member
Divisional Head's Attestation.
ANNEXURE -III
DEPARTMENT OF POSTS
File No. 13/01/2010-SR
Register to be maintained by DDO in respects of Member Employees of the Association
Year _______________________
Category of Employees_____________________________________________
Month/Bill No.______________
| S.N | Name | Name of the Association of which the official is member | April | May | June | July | Aug | Sept | Oct | Nov. | Dec | Jan | Feb | Mar |
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |
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(Authentication by Divisional Head)
For GDS
Government of India
Ministry of Communications & IT
Department of Posts
Dak Bhawan, Sansd Marg,
New Delhi-110001.
No.13/02/2010-SR Dated- 18th February, 2010.
To
- All Heads of Postal Circle,
- All Postmasters General,
- Director of Postal Staff College, Ghaziabad (UP)
- CGM, PLI Directorate, Chankyapuri PO, New Delhi
- CGM, BD & M Directorate, Dak Bhawan, New Delhi
- DDG (PAF)/Chief Engineer (Civil)/ ADG (Admn), Department of Posts.
- Postmaster General, Foreign Mails, Mumbai.
- All Directors, Postal Training Centres.
- Directors Foreign Mails, Chennai, Kolkata and Delhi
- All Directors/Dy. Directors of Accounts (Postal).
- All Service Associations representing Gramin Dak Sevaks.
- DOP&T, JCA Section, North Block, New Delhi
Sub: -EDA (RA) Rules, 1995 –Re-verification of membership for
recognition of Associations' – Procedure regarding.
Sir/Madam,
I am directed to refer to the Department's letter No. 13/01/2008-SR dated 17th April, 2009 on the above-mentioned subject. The re-verification process initiated in compliance with the direction of the Hon'ble High Court of Judicature at Madras, vide the aforesaid letter, had to be abandoned due to further litigation in the matter as per details given below:-
| S.N. | WP No. | Filed in/by | Prayer made | Decision of the High Court |
| 1. | SB Civil WP No. 5037/2009 | High Court at Jodhpur by BPEU Class.III | Extension of time for submission of authorization letters | In the counter Affidavit, the Department agreed to extend the time limit. |
| 2. | Contempt Petition No. 950/09 | High Court Madras by BPEU Class III | The entire process to be handled by Divisional Head | The direction given in WP No. 4704 of 1999 dated 06.01.2009 should be strictly followed. |
2. With the closure of the above filed Petitions, it has been decided to re-initiate the process of re-verification of membership for recognition of service associations representing Gramin Dak Sevaks (GDSs) afresh as per the revised procedure.
3. The dates, forms and procedure regarding verification of membership inter-alia including recovery of subscription from the pay rolls of the members in favour of the GDSs associations will be the same as prescribed for Service Associations of departmental employees and circulated vide Department's letter No. 13/01/2010-SR dated 18.02.2010. However, in case of GDSs, separate letter of authorization (Annexure II) will be used, a copy of which is enclosed.
5. The compilation of information and submission of reports regarding re-verification of GDS's Associations will be done and communicated by Divisional Head to Circle office and by the Circle office to the Department separately in Annexure-IV, a specimen of which is enclosed.
Yours faithfully,
Sd/-
Encl: - As above
(Subhash Chander)
Director (SR & Legal)
Copy to: -
1. All India Postal Extra Departmental Employees Union.
2. National Union of Gramin Dak Sewaks
3. Bharatiya Extra Departmental Employees Union
Annexure-II
DEPARTMENT OF POSTS
SR SECTION
NAME OF THE OFFICE
____________________________________________________________________Under order of Ministry of Communications & IT, Department of Posts vide letter No. 13/02/2010-SR dated 05.02.2010)
LETTER OF AUTHORISATION
To
_____________________________
_____________________________
Designation of Divisional Head
I,______________________________________ (Name & Designation) being a Member of___________________________________________(Name of Association of GDSs) hereby authorize deduction of monthly subscription of Rs___________per month from my TRCA starting from the month of May 2010 payable on 31-05-2010 and authorize its payment to the above mentioned service Association.
I hereby certify that I have not submitted authorization in favour of any other Association of GDS. If the above information is found incorrect, I fully understand that my authorization for the Association becomes invalid.
Signature______________________________
Station:-
Dated:-
Name___________________________________
Designation_____________________________
To be filled by the Association
It is certified that Shri/Smt_____________________________is a Member of _____________________________________________ (Name of Association of GDS)
It is further certified that the above authorization has been signed by Shri/Smt_________________________________in my presence.
Signature___________________________
Name (in Capital) ____________________
Of authorized Office bearer____________
Signature
Name (in Capital)
Of the member
Divisional Head's Attestation.
ANNEXURE IV
File No. 13/02/2010-SR
DEPARTMENT OF POSTS
PRFORMA OF STATEMENT TO BE SENT BY DIVISIONAL HEAD TO HEADS OF CIRCLE/HEADS OF CIRCLES TO THE DEPARTMENT (Director SR & Legal)
| SN | Category | Total no. of employees in the category | Name of the applied association | Memberas per check off system |
| 1 | 2 | 3 | 4 | 5 |
| 1. | Gramin Dak Savaks (GDSs) |
| 1. All India Postal Extra Departmental Employees Union 2. National Union of Gramin Dak Sewaks 3. Bharatiya Extra Departmental Employees Union |
|
Note :-
1. To Heads of Circle from Divisional Heads:-
It is certified that the above information in Column 5 is based on actual letters of authorization received from the concerned Gramin Dak Sevaks and deduction will be made from their TRCA in the month of May, 2010.
Signature of Divisional Head_____________________
2. To the Directorate from Heads of Circle:-
It is certified that the above information has been complied from the reports in the above performa.
Signature of Authorized officer of the Circle_______________________
K.Ragavendran
Secretary General NFPE
since HSG II AND HSG I are included in groupB can they continue in group c union?
ReplyDeleteDear Comrade Murali - greetings - yes HSG-I and II though Group B are non-gazetted and therefore they are continue to be our members in Group C Unions - No problem in this at all - The categorisation is done by the Department and according to that allHSG-I and II are members of Group C unions only - Carry on and enroll them as our members - Best regards
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