EDITORIAL POSTAL CRUSADER FOR
THE MONTH OF APRIL: 2013
FIRST
AIC OF THE GDS AND OUR TASK AHEAD
Nobody can deny the fact that Gramin Dak Sevaks are an
integral part of NFPE. The Government of India and the Postal bureaucracy tried
its best to divide departmental employees and GDS. The leadership of the
so-called recognized union utilized this opportunity and took advantage of the
situation to create a permanent division between GDS and NFPE by raising cadre
sentiments, which NFPE never cultivated. The intention was very clear; nothing
but to keep the control of the biggest union of GDS in their hands forever and
utilize it for their own vested interests. They thought that the down trodden
GDS are all fools and they may not understand the hidden agenda of the
leadership. But the GDS proved that they are more intelligent than the
leadership and refused to become prey for their nefarious game. GDS loved NFPE
like anything. They continued their fight against the anti-NFPE Leadership
within the union for upholding the pride and prestige of NFPE. When their
voices were suppressed and democratic elections to change the leadership were
prevented by undemocratic methods, majority of them walked out and formed a
new-union called AIPEU-GDS (NFPE), to decide their own destiny.
The new GDS (NFPE) union was born in the month of April
2012. Within a short period of ten months, it’s growth is tremendous and
amazing. The 1st AIC held at Chennai from 2013 March 21st
to 22nd was the manifestation of its glittering organisational advancements.
The huge participation of more than 1000 delegates and visitors from all the 22
circles has proved beyond any doubt that the vast majority of the GDS are with
GDS (NFPE) Union and remaining GDS shall also join the GDS (NFPE) union in the
near future itself. Eleven out of the 15 All India office bearers who were in
the so-called recognized union before the Amaravathi AIC, have joined the new
union. All the circles and including the major circles are also with the new
union. As one of the Ex-All India office bearer of Mahadevaiah Group who joined
the GDS (NFPE) union alongwith his followers during the 1st AIC has correctly
stated in his speech “The leader of the so-called recognized union is a liar
and he is deliberately trying to misguide the GDS.”
The deliberations and decisions of the GDS AIC has paved
way for serious programme of action culminating in indefinite strike. The AIC
categorically declared that the GDS (NFPE) shall implement all the programmes
and decisions of NFPE and Confederation. The main demands of the GDS union and
NFPE is Departmentalization of GDS and grant of civil servant status. This
alone can ensure the total emancipation of GDS. Secondly the AIC demanded that
the GDS should also be included under the purview of Seventh Central Pay
Commission and 50% merger of DA should be granted to GDS also. The leadership
of Confederation, NFPE and GDS (NFPE) Union unanimously declared in the AIC
that if the Government refuse to include GDS under the purview of Seventh CPC,
there will be an indefinite strike of all Central Government Employees
including Postal employees. The Charter of demands was discussed and approved
by the AIC which includes other demands such as pro rata wages, Scraping of
“Engagement “ clause, Statutory minimum pension of Rs. 3500/-, raising of bonus
ceiling to 3500/-, Reduction of cash handling and stamp sale norms, Full
protection of TRCA, Removal of 50 points condition for compassionate
appointments, medical reimbursement scheme, six months maternity leave and
child care leave, grant of full trade union facilities, grant of facility for
request transfer from one post to another, three time bound promotions, grant
of advances, stop combination of duties, liberalise conditions for appearing in
PA examination and ear-mark 20% PA/SA vacancies to GDS, remove ceiling limit of
Rs. 50/- per month for cash allowance, provide norms for all work including
MNREGS, payment of BO rent by department, stop redeployment to far-off places, Children,
Education Allowance Leave Travel Concession etc.
During
the last thirteen years, since the formation of the so-called recognized union,
the Gramin Dak Devaks lost many of their hard-earned benefits. The new GDS
(NFPE) union has to conduct struggle under the banner of NFPE for restoration of
these benefits including 3500/- Bonus parity and also conduct higher from of
trade union action including indefinite strike for conferment of civil servants
status and grant of all consequential benefits of departmental employees.
Now
that the new GDS (NFPE) Union has become the biggest GDS Union and the real
representative of the GDS, those who have hesitated to support the new union, shall
come forward to extend fullest support to it. The animosity atmosphere between
GDS and departmental employees (GDS & NFPE) has been vanished and a new era
of unity and cooperation has born. Let all our Circle/Divisional Secretaries of
all NFPE affiliated unions shall come forward to strengthen further the GDS
(NFPE) union. Let us also join all struggles for the cause of Gramin Dak Sevaks.
UNAUTHORISED ABSENCE FROM DUTY – CONSOLIDATED
INSTRUCTIONS RELATING TO ACTION WARRANTED AGAINST GOVERNMENT SERVANTS REMAINING
AWAY FROM DUTY WITHOUT – AUTHORISATION / GRANT OF LEAVE
No. 13026/3/2012-Estt (Leave)
Government of India
Ministry of Personnel, P.G. & Pensions
(Department of Personnel & Training)
New Delhi, the 28th March, 2013.
OFFICE
MEMORANDUM
Subject:- Consolidated instructions relating
to action warranted against Government servants remaining away from duty
without – authorisation/grant of leave — Rule position
The undersigned is directed to say that various references are
being received from Ministries/Departments seeking advice/post facto
regularisation of unauthorised absence. It has been observed that due
seriousness is not being accorded by the administrative authorities to the
various rule provisions, inter alia under the CCS(Leave) Rules, 1972, for
taking immediate and appropriate action against Government servants staying
away from duty without prior sanction of leave or overstaying the periods of
sanctioned leave. It is reiterated that such absence is unauthorised and
warrants prompt and stringent action as per rules. It has been observed that
concerned administrative authorities do not follow the prescribed procedure for
dealing with such unauthorised absence.
2. In view of this,
attention of all Ministries/Departments is invited to the various provisions of
the relevant rules, as indicated in the following paragraphs for strict
adherence in situations of unauthorised absence of Government servants. It is
also suggested that these provisions may be brought to the notice of all the
employees so as to highlight the consequences which may visit if a Government
servant is on unauthorised absence. The present OM intends to provide ready
reference points in respect of the relevant provisions, hence it is advised
that the relevant rules, as are being cited below, are referred to by the
competent authorities for appropriate and judicious application. The relevant
provisions which may be kept in mind while considering such cases are indicated
as follows:
(a) Proviso to FR 17(1)
The said provision stipulates that an officer who is absent from duty
without any authority shall not be entitled to any pay and allowances during
the period of such absence.
(b) FR 17-A
The said provision inter alia provides that where an individual employee remains absent
unauthorisedly or deserts the post, the period of such absence shall be deemed
to cause an interruption or break in service of the employee, unless otherwise decided by the competent authority
for the purpose of leave travel concession and eligibility for appearing in
departmental examinations, for
which a minimum period of service is required.
(c) Rule 25 of the CCS (Leave) Rules, 1972
The said provision addresses the situation where an employee overstays
beyond the sanctioned leave of the kind due and admissible, and the competent
authority has not approved such extension. The consequences that flow from such
refusal of extension of leave include that:
i the Government servant shall not be
entitled to any leave salary for such absence;
ii the period shall be debited against his leave
account as though it were half pay leave to the extent such leave is due, the
period in excess of such leave due being treated as extraordinary leave
iii wilful absence from duty after the expiry of
leave renders a Government servant liable to disciplinary action.
With respect to (iii) above, it may be stated that all
Ministries/ Departments are requested to ensure that in all cases of
unauthorised absence by a Government servant, he should be informed of the
consequences of such absence and be directed to rejoin duty immediately/ within
a specified period, say within three days, failing which he would be liable for
disciplinary action under CCS (CCA) Rules, 1965. It may be stressed that a
Government servant who remains absent without any authority should be proceeded against immediately and
this should not be put off till the absence exceeds the limit prescribed under
the various provisions of CCS (Leave) Rules, 1972 and the disciplinary case
should be conducted and concluded as quickly as possible.
(d) Rule 32(6) of the CCS (Leave) Rules, 1972
This provision allows the authority competent to grant leave, to
commute retrospectively periods of absence without leave into extraordinary
leave under Rule 32(6) of CCS (Leave) Rules, 1972. A similar provision also
exists under rule 27(2) of the CCS (Pension) Rules, 1972. It may please be
ensured that discretion allowed under these provisions is exercised
judiciously, keeping in view the circumstances and merits of each individual
case. The period of absence so regularised by grant of extra ordinary leave
shall normally not count for the purpose of increments and for the said purpose
it shall be regulated by provisions of FR 26(b(ii).
3. All Ministries/ Departments should initiate appropriate
action against delinquent Government servants as per rules.
4. Hindi version will follow.
Sd/-
(Mukesh Chaturvedi)
Deputy Secretary to the Govt. of Indi
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