Friday, December 28, 2012
CAT ERNAKULUM BENCH
JUDGMENT
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
THURSDAY THE 20TH DAY OF DECEMBER 2012
PRESENTS
Hon’ble
Dr. KBS Rajan Judicial
Member
AND
Hn,ble
Ms. K. George Joseph Administrative
Member
ORIGINAL APPLICATION NO. 1186/2012
All
India Postal Employees Union, GDS(NFPE) :
Applicants
R/by
its Circle Secy. MS Sabu & Ors.
Versus
The
Chief Postmaster General, Kerala Circle :
Respondents
TVM
& Ors
Mr.
Vishnu S Chempazhanthiyil : Counsel for applicant
M.
Varghese for Mr. Mill Dandapani, ACGSE
: Counsel for Respondents.
ORDER
Admit.
Mr. Varghese for Mr. Millu Dandapani, ACGSC takes notice on behalf of the
respondents.
Respondents are
directed to file reply statement with in four weeks time and there after two
weeks time is granted to the applicant to file rejoinder, if any.
List before the Registrar’s
Court for completion of pleadings on 04.02.2013. Registrar to list the case
before the Court after two months including the status relating to completion
of pleadings.
MA 1272/12 for joining together is allowed.
As regards interim
relief, as the Counsel for the applicant submits that in respect of Group D and
Postmen posts, since candidates inducted in these categories from GDS employees
would not be direct recruitees, in so far as Group D and Postmen posts are
concerned, these posts may not be abolished as decided by the respondents.
Accordingly , the respondents shall not take further action in pursuance of the
impugned order at Annexure A-5 dated 19.11.12 in respect of Group D and Postmen
post without the leave of this Court.
Sd/- Sd/-
Ms. K. George Joseph S KBS Rajan
Administrative Member Judicial Member
Stamp CAT CERTIFIED TRUE COPY
Ernakulum Bench 21.12.2012
Deputy
Registrar
Thursday, December 27, 2012
national federation of postal employees
central
headquarters,
1st floor, north avenue post office, new delhi-110
001.
No.PF/SEMINAR/2012 24-12-2012
Notice for
“Seminar on Postal Services”
It is hereby notified that an All
India Seminar on Postal Services will be conducted on 19-01-2013 (19th January
2013) at Vidisha (Madhya Pradesh) at 5 PM.
Subject : “Future of India Post in the era of
Globalisation”
Venue : Jalori Garden,
N.H.86, Civil Line,Vidisha-464001 (M.P).
All concerned are requested to
attend the Seminar in time.
M.Krishnan,
Secretary
General, NFPE.
Saturday, December 22, 2012
FLASH NEWS
GDS AIC DATE CHANGED
PREPONED TO 2013 MARCH 21st & 22nd
As
the Festival “HOLI” is on 27th March 2013, the dates of the 1st All India
Conference of AIPEU-GDS (NFPE) has been preponed to 2013 March 21st and 22nd.
VENUE:
DHARMAPRAKASH
KALYANA
MANDAPAM, CHENNAI - 600084
MANDAPAM, CHENNAI - 600084
(Chennai City)
All
concerned are requested to note the change in dates. Book your up and down tickets immediately
= P.
PANDURANGA RAO
General Secretary,
AIPEU-GDS (NFPE)
Central Head
Quarters, New Delhi.
NFPE
- FNPO
DEPARTMENT OF POSTS ISSUED ORDERS
TO ABOLISH 2/3rd POSTS KEPT VACANT
FOR THE YEARS
2005 to 2008
TOTAL POSTS TO BE ABOLISHED - 17093
CONDUCT PROTEST DEMONSTRATIONS IN
FRONT OF
ALL CIRCLE/REGIONAL/DIVISIONAL
OFFICES ON 28-12-2012
As per
Government of India orders on Downsizing of Central Government Services,
Screening Committee for filling up/aboliotion of posts was constituted in the
year 2001 and Annual Direct Recruitment (ADR) plan was approved by the
Screening committeefor each year from 2001 to 2008. Screening Committee cleared only 1/3rd
vacancies for direct recruitment and balance 2/3rd posts were ablished as per
its recommendations.
Accordingly
Department of Posts abolished 2/3rd vacant posts from 2001 to 2004. Regarding the abolition of 2/3 rd vacant
posts from 2005 to 2008, Postal Department & Communication Ministry
requested Finance Ministry to grant exemption to Department of Posts from
abolishing the vacant posts from 2005 to 2008, as it is an operative Department
dealing with the general public and customers.
2/3rd posts earmarked for abolition from 2005 to 2008 are kept vacant
(but not abolished) pending decision of the Finance Ministry.
The
ban on recruitment was lifted and the Screening Committee was abolished in the
year 2009. Government of India issued
orders to fill up all vacant posts for the year from 2009 onwards. Accordingly, Department of Posts, issued
orders to fill up all vacancies for the year 2009 and 2010. Orders are also issued to fill up all vacant
posts for the year 2011 and 2012. But,
at the same time, Directorate issued clear instructions to all Chief PMGs that posts
kept vacant for the year from 2005 to 2008 should not be filled up under any
circumstances but should be kept vacant. (for abolition).
Finance
Ministry has now made it clear that no permission or exemption will be granted
to any department including Department of Posts to fill up the posts kept
earmarked for abolition as per the Screening Committee recommendations. Accordingly Department of Posts has now
issued orders to abolish all the 2/3rd vacant posts (Total 17093 posts for four
years) for the year 2005 to 2008. Cadrewise break-up figure of the posts to be
abolished is furnished below:
IP Postal - 1 Driver
Grade III - 14
PA
Postal - 5010 Driver
MMS - 84
PA
SBCO - 385 Postal
Accounts - JA - 125
PA
CO/RO - 138 LDC - 186
PA
RLO - 11 Group
D - 118
PA
Fgn Post - 18 Sorter - 31
PA
MMS - 12 Hindi
Typist - 1
Steno - 2
SA
RMS - 1259 Steno
Group C - 43
POSTMAN - 3230 Jr. Hindi Translator - 8
Hindi
Typist - 1
Group
D Postal - 4407
Group
D RMS - 1336 All
others - 411
Group
D MMS - 81
Group
D CO/RO - 67 Total - 17093
Group
D PSD/CSD- 90
Group
D Others - 24
CONDUCT
PROTEST DEMONSTRATIONS ON 28-12-2012
SEND
SAVINGRAMS to Minister, Communications and Secretary, Department of Posts
TEXT
OF SAVINGRAM
STRONGLY
PROTEST THE ABOLITION OF 17093 POSTS in
Department of Posts XXX UNABLE TO MANAGE THE DAY-TO-DAY WORK XXX REQUEST
TO REVIEW THE ORDERS AND RESTORE THE POSTS WITH IMMEDIATE EFFECT = ..........
Branch/Divisional/Circle Secretary.
D.
THEAGARAJAN M. KRISHNAN
Secretary General FNPO Secretary General NFPE
ABOLITION OF POSTMEN & GROUP –D POSTS STAYED BY CAT
As CAT and High Court of Kerala has given clear judgement that Group-D
and Postmen vacancies earmarked for GDS should not be abolished under screening
Committee’s 2/3 abolition from 2001 to 2008 (as it is an in service promotion
to GDS and NOT Direct Recruitment) the CAT Ernakulam Bench has STAYED the
implementation of recent Directorate orders abolishing vacant Postmen &
Group-D posts for the period from 2005-2008 in Kerala Circle. Earlier about 413
Group –D Posts marked for abolition was also filled up as per CAT Order. Case
filed by NFPE P-4 & GDS=M. Krishnan, SG, NFPE.
LABOUR LAWS
APPLICABLE TO CASUAL AND SELF
EMPLOYED WORK FORCE
Reliable
estimates of employment and unemployment are obtained through quinquennial
labour force surveys conducted by National Sample Survey Office (NSSO). Last
such quinquennial labour force survey was conducted during 2009-10. As per
results of the most recent survey, 15.6 per cent, 33.5 per cent and 51.0 per
cent of the total work force on usual status basis was found to be engaged in
regular wage/salaried work, casual labour and self employment respectively
during 2009-10
The Central labour laws applicable for the casual labour in the country are broadly The Minimum Wages Act, 1948, The Equal Remuneration Act, 1976, The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, The Contract Labour (Regulation and abolition) Act, 1970, The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 and The Unorganized Workers’ Social Security Act, 2008.
The Minister of State for Labour & Employment Shri K. Suresh gave this information in reply to a written question in the Lok Sabha today.
Friday, December 21, 2012
|
NFPE FEDERAL SECRETARIAT MEETING
27.12.2012
FEDERAL SECRETARIAT
MEETING OF NFPE WILL BE HELD ON 27th DECEMBER 2012 AT 6 PM AT NFPE
OFFICE, NEW DELHI (AFTER THE JCM DEPARTMENTAL COUNCIL STAFF SIDE MEETING AT 5
PM). ALL GENERAL SECRETARIES AND AVAILABLE OFFICE BEARERS ARE REQUESTED TO
ATTEND THE MEETING IN TIME.
AGENDA
(1) 12th December Strike.
(2) All India 48 hours General Strike –
Feb 20th & 21st
(3) Central Zone Study Camp-Vidisha on 19th
& 20th Jan 2013.
(4) Other Items, if any.
{M.
Krishnan, Secretary General , NFPE.}
|
|
LEAVE TRAVEL CONCESSION FOR CENTRAL
GOVERNMENT EMPLOYEES – FREQUENTLY ASKED QUESTIONS (FAQ)
|
Leave
Travel Concession is one of the topics in which Central Government Employees
are mainly interested. Though this topic is not complex as such, many
questions and doubts would arise regarding the admissibility of LTC in many
practical situations. Of Course a written law cannot cover all the
situations. So, Government is issuing clarifications on LTC from time to
time. Covering the original orders and those subsequently issued
clarifications by DOPT, some time back we had published a compilation of frequently asked questions
relating to Leave Travel Concession (LTC) applicable to Central Government
Employees.
Now
DOPT has come up with a compilation of Frequently
Asked Questions on LTC (Leave
Travel Concession) same mentioned below.
Leave Travel Concession – FAQ – Part-2
Question: 1 How are the claims of LTC be adjusted in case of delayed
submission?
Answer: Where
advance has been drawn, the claim for reimbursement shall be submitted within
one month of the completion of the return journey.
Where
no advance has been drawn, the expenditure incurred shall be submitted within
three months of the completion of the return journey.
Administrative
Ministry / Department concerned can admit the
claims in relaxation of the provisions subject to the following time limits
without reference to DOPT:
(a)
Where no advance is taken, LTC bill
submitted within a period not exceeding six months; and
(b)
Where advance has been drawn, claim
for reimbursement submitted within a period of three months after the
completion of return journey (provided the Govt. servant refunds the entire
advance within 45 days after completion of the return journey. Rule 14 of
CCS(LTC) Rules, 1988 read with O.M.No.31011/5/2007-Estt.A dated 27.09.2012.
Question : 2 Can a Government. Servant visit NER or J&K on more than one
occasion on conversion of Home town under the relaxation allowed for LTC visits
to NER / J&K
Answer: Government
Servant who has availed the benefit of Home Town conversion to NER / J&K i
one block (say 2006-09) can again visit NER / J&K in the new / next block
(say 2010-2013) subject to availability of
LTC in a particular block so long as the relaxation is in force.
1. O.M No.31011/4/2007-Estt.(A) dated 02.05.2008
2. O.M No.31011/4/2007-Estt.(A) dated 23.04.2010
3. O.M No. 31011/2/2003-Estt.(A) dated 18.06.2010
Question: 3 Can a Government Employee avail of air travel to NER
/ J&Kin case of All India LTC if his hometown and the Head Quarters are at
the same place?
Answer: Both
NER and J&K scheme of LTC allow relaxation for air travel on All
India LTC to all categories of employees to the extent specified in the
DOP&T’s O.M.No 310311/4/2007-Estt.(A) dated 02.05.2008 and DOP&T’s O.M
31011/2/2003-Estt.(A) dated 18.06.2010 even if the Hometown and the
Headquarters are same.
Question 4: Whether Government Servant who has already availed one Home Town
LTC in the current block can avail LTC to visit NER?
Answer: Yes,
he can avail it against All India LTC.
Question 5: Can a Government Servant avail the benefit of visiting NER /J&K
twice in a particular block of 4 years?
Answer: Yes,
a Government Servant can visit NER / J&K by conversion of his home town and
also by availing LTC subject to validity period of the Scheme and fulfilling of
other conditions
Question 6. Can a fresh recruit avail the benefit of Home Town conversion to
NER / J&K against one of the three occasions of Home Town available to him
in each block.
Answer: Any
fresh Government Servant can also avail the benefit of Home Town conversion NER
? J&K against one of the three occasions of Home Town available to him in
each block.
Question 7. Can fresh recruit avail of conversion of home town to visit NER /
J&K under the relaxation allowed for visiting NER / J&K?
Answer: Any
Government employee can avail of the relaxation for visiting NER / J&K and
convert one home town LTC for such visit in a block of 4 years as long as the
relaxations continue.
1.
O.M.No. 31011/4/2007-Estt.(A) dated 02.05.2008
2.
O.M.No. 31011/2/2003-Estt.(A) dated 18.06.2010
Question 8. Can a fresh recruit Government servant avail of All India LTC
anytime during the 4 year block?
Answer: It
can be availed only in the 4th occasion of the block and not at random.
Question 9. Whether carry over of LTC is allowed to fresh recruits?
Answer: Carryover
of LTC is not allowed to fresh recruits as they are eligible for every year LTC
for the first 8 years of service.
Question 10. Who is a fresh recruit
entitled for LTC every year?
Answer: A
person who has joined service for the first time is treated as a fresh recruit
for the first eight years. O.M.No.
31011/4/2008-Estt.(A) dated 23.09.2008
Question 11.How the LTC entitlements of
fresh recruits are regulated in the first eight years?
Answer: On
completion of one year, the fresh recruit can be allowed 3 Hme Town LTC and 1
All India LTC in each block of Four Years in the first 8 years.
O.M.No.
31011/4/2008-Estt.(A) dated 23.09.2008
Question 12. Whether Dependent parents of fresh recruits can avail LTC for the
journey form Hometown to Headquarters and back?
Answer: No,
the dependent parents of fresh recruits can not avail LTC for the journey from
Hometown to Headquarters and back.
Question 13. Whether claims for reimbursement can be allowed for road
journeys by bus / taxi or other vehicle operated by private operators?
Answer: LTC
Rules do not permit reimbursement for journey by a private car(owned/borrowed/hired) or a bus/van or
other vehicle owned by private operators. LTC facility shall be admissible only
in respect of journeys performed in vehicles operated by Govt. or any
Corporation in the public sector run by the Central or State Govt. or a local
body. Rule 12(2) of CCS(LTC) Rules, 1988 read with
DOPT’s
O.M.No. 31011/4/2008-Estt.A dated 23.09.2008
Question 14. Whether air fare of
children whose full fare is charged by airlines is reimbursed?
Answer: If
full fare has been charged by the airlines and paid by the Government servant,
the same will be reimbursed.
Question 15. Can a Government servant use the service of travel agents
for LTC purpose?
Answer: Yes.
but it should be limited to M/s Balmer Lawrie and Company and M/s Ashok Travels
and tours.
Question 16. What is the definition of family for LTC?
Answer: For
LTC purpose family consists of
(i)
Spouse of the Government Servant and two surviving unmarried children or Step
children.
(ii)
Married daughters, who have been divorced, abandoned or separated from their
husbands and widowed daughters residing with wholly dependent on the Govt.
Servant.
(iii)
Parents and / or step parents residing with and wholly dependent on the Govt.
Servant.
(iv)
Unmarried minor brothers as well as unmarried, divorced, abandoned separated
from their husbands and widowed sisters residing with and wholly dependent on
the Government Servant provided their parents are either not alive and are
themselves wholly dependent on the Government Servant.
Rule
4 of CCS(LTC) Rules, 1988 read with
O.M.No:
31011/4/2008 – Estt.(A) dated 23.09.2008
Question 17. What are the dependency criteria?
Answer: A
member of family whose income from all sources, including pension, temporary
increase in pension does not exeed Rs.3500 from 01.09.2008 and Dearness relief
thereon is deemed to be wholly dependent on the Government Servant.
Question 18. Can parents / children residing at other places avail LTC
to visit the Government Servant at Headquarters and go back?
Answer: No,
reimbursement of LTC claims being restricted to the entitlement for journey
between Headquarters and place of visit, the amount reimbursable in such cases
is Nil
|
Reservation in Promotion –
Amendment bill passed in Rajya Sabha
|
The Government of India has always been concerned about the
welfare of downtrodden especially Scheduled Castes and Scheduled Tribes. As a
part of the affirmative action, reservation in promotion had been available to
the SCs and STs since 1955. However, some decisions of the Supreme Court like
in Indra Sawhney, Veer Pal Singh Chauhan and S. Vinod Kumar cases had caused
certain effects on the scheme of reservation in promotion for SCs and STs. To
overcome these effects, the Government had brought four Constitutional amendments,
namely, 77th, 81st , 82nd and 85th amendments.
The latest of such judgments was in M. Nagaraj case in which the
Supreme Court has laid down some per-requisite conditions for providing
reservation in promotion. These conditions are, namely, assessing the quantum
of representation of SCs, STs, there backwardness and effect on efficiency.
In wake of the effects of the judgment of Supreme Court the
Government had introduced a Constitutional Amendment Bill in Rajya Sabha during
the last session so that the Scheduled Caste and Scheduled Tribes may continue
to get reservation in promotion as existing. There had been demand to retain
Article 335. Accordingly, the Bill was amended to delete the words “ or in
Article 335”, so that the condition of the efficiency as mentioned in the
Article 335 should continue to be a part of the Constitution and should not be
obliterated. Moreover, it ensures that the effects of proviso to article 335
are retained which permits relaxed standards for candidates belonging to the
scheduled castes and the scheduled tribes in case of promotion against reserved
vacancies. The amended Bill has now been passed by the Rajya Sabha.
The Government is
making efforts to get the Bill passed by the Lok Sabha also in this session
itself.
Source: PIB