No. PF/NFPE/Verification of Membership Dated – 31.07.2020
To
Sri P. K. Bisoi
Secretary,
Department of Posts,
Dak Bhawan, New Delhi - 110001
Sir,
Sub: - Verification of Membership - 2020 -- Irregular and illegal
acceptance of Application submitted by "All India Association of
Supervisors Cadre (Group B)" -- regarding.
Ref: - Director (SR & Legal) letter No. T - 15/2/2020 - SR dated 24th
July 2020 (copy enclosed for ready reference).
Your kind attention is drawn
towards the above mentioned letter of Director (SR & Legal) addressed to
all Applicant Associations in connection with the scrutiny of
constitution/bye-laws of service Association in accordance with CCS(RSA) Rules
1993 for Verification process to be held in the year 2020.
In para -2 of the letter, the list of
Associations whose applications are provisionally accepted, subject to certain
amendments to be made in their constitution, is listed. Against item - 5 of
para - 2 of the letter, the name of "All India Supervisors Association
(Group B)" is given as one of the Applicant Association. In this regard,
we would like to submit the following objections for your judicious
consideration and dispassionate decision.
Clause - 5(c) of Central Civil
Services (Recognition of Service Association) Rules 1993 stipulates as follows
:
"Membership of a Service Association
has been restricted to a distinct category of Government servants having common
interest, all such Government servants being eligible for membership of Service
Association".
Subsequently Department of Personnel and
Training in its OM No.2/2/94 - JCA dated 22nd April 1994 clarified the common
points of doubts, referred to it by various Ministries/Departments, as follows
:
Point of doubt
3. Whether the term "distinct
category" used in Rule - 5(c) means group wise categorisation i.e; Group
A, B, C or D or cadre wise categorisation".
Clarification:
By a “distinct category" is
meant an Association whose members have a commonality of interest and function
as a homogenous group".
It is based on the above Rules
and clarifications issued by DOP&T under CCS (RSA) Rules 1993, the
Department of Posts has categorised and published the "distinct categories
having commonality of interest and function as homogenous group" , during
the first verification process itself with the due approval of the DOP&T.
As per the categorisation made by the Department of Posts, the Postal Assistant
and all its allied cadres like LSG, HSG - 2, HSG - 1" is categorised as
one homogenous group with commonality of interest. Similarly in RMS side, "Sorting
Assistant and all its allied cadres" are grouped as one distinct category.
Same is the case with Administrative Union also.
During all the previous
Membership Verification process, this position is maintained without any
deviation from codal provisions. This is because, in the Department of
Posts LSG, HSG - 2, HSG - 1 and NFHSG -
1 are the supervisory cadres (Group B Non-Gazetted) in general line of Postal
Assistant/Sorting Assistant / PA(CO) cadre and hence belongs to a homogenous
group with commonality of interest. It may be noted that against this
categorisation of Department, many cadre Unions/Associations including the
Supervisors Association had filed cases in various High Courts, but they could
not win as the courts upheld the categorisation made by Department of Posts.
This being the well settled legal
position, acceptance of Application submitted by an Association of Supervisors
Cadre (Group B) is against the intention and spirit of CCS (RSA) Rules 1993 and
also against the guidelines and clarifications issued by DOP&T. It also
violates the earlier categorisation made by the Department of Posts during
previous Membership Verification processes. If the Department go on permitting
categorisation of each cadre as "distinct category" , then in future
officials belonging to LSG, HSG -2, HSG - 1 and NFHSG-1 will start forming separate,
separate Associations for each cadre and submit application for participating
in Membership Verification process. This not the intention and spirit of CCS (RSA)
Rules 1993 and subsequent DOP&T orders.
In view of the above, it is
requested that Secretary (Posts) may review judiciously the new categorisation
made by Department of Posts, so that the Application submitted by the "All
India Association of Supervisors (Group B)" will be summararily rejected.
We like to place on record our strong protest against the new categorisation made
by the Department of Posts, deviating from its earlier categorisation and also
in violation of CCS (RSA) Rules 1993 and subsequent DOP&T orders.
Awaiting early action,
Yours Faithfully,
(R. N. Parashar)
Secretary General
Copy to: -
1. Director General, Department
of Posts, Dak Bhawan, New Delhi - 110001
2. Member (P), Department of
Posts, Dak Bhawan, New Delhi - 110001
3. DDG (SR & Legal),
Department of Posts, Dak Bhawan, New Delhi - 110001
4. Director (SR & Legal),
Department of Posts, Dak Bhawan, New Delhi - 110001
5. SR Section, Department of
Posts, Dak Bhawan, New Delhi - 110001
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