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 - REQUEST FOR ARRANGING A MEETING BY SECRETARY, POSTS, WITH STAFF SIDE – REG
NFPE WRITES TO THE DEPARTMENT
No. PF-03(b)/2020 Date: 30.07.2020
Shri P.K. Bisoi,
Department of Posts
New Delhi - 110001
Sub: 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 - Request for arranging a meeting by Secretary, Posts, with
Staff side – reg
Ref: Director (SR & Legal) letter No.T-15/2/2020 - SR dated 24th July 2020 (copy enclosed for ready reference)
With reference to the above cited letter received from Director (SR & Legal) regarding the process of membership verification, Iam to inform you that the Federal Executive Committee Meeting of NFPE was held on 27.07.2020 through Video-Conference, in which All General Secretaries of affiliated Unions and NFPE CHQ Office Bearers participated and held detailed deliberations on the contents of the letter and like to place the following request before you.
As you may be aware , after the promulgation of the CCS(RSA) Rules 1993 , three or four membership verification process had been completed and recognition was granted to our all affiliated unions, During the earlier verification process also All Unions have submitted copy of constitution along with the Application. In the first verification process itself, constitutions were scrutinized by the Department and after vetting by Department of Personnel & Training; the same have been approved, as complied with all the requirements of the Department and DOP&T. After the first verification process, recognition was accorded to our Unions. Subsequently, in all Verification process we have submitted the same copy of the constitution which is approved by Department and DOP&T. During the first verification process, no objections or discrepancies were raised by the Department and the constitution submitted by unions was accepted without any further modifications and recognition was also granted after the verification process conducted earlier.
This being the fact, we are at a loss to understand why the Department is raising objections and discrepancies in various clauses of the same constitution now. It is also felt that some of the modifications and discrepancies raised, like deletion of all references to Federation, viz ; NFPE from the constitution , replacing the word "union" with "association" in the text of the constitution etc , will change the basic character and fundamental principles laid down in the union constitution.
Further, once a constitution is approved by the Department and also by our All India Conference of the union which is the highest policy decision making body, any amendment to the constitution can be made only with the approval of the next All India Conference of the union as per the clauses of "department - approved" and "All India conference approved" constitution of union. Amending the clauses of the constitution in violation of the provisions of the constitution can be challenged by any of bonafide member in the court of law , and will be put to an embarrassing position.
In additions to the above , we have certain apprehensions regarding the amendments sought by the department in Director (SR & Legal) letter cited above , for which we need some clarifications from the department to enable us to take our decision on the amendments / discrepancies raised by the Department.
In view of the above, it is requested that a meeting with the staff side may be arranged by the respected Secretary, Department of Posts at the earliest , to put the records straight and to clarify our genuine apprehensions and doubts.
Awaiting positive decision,
Copy to :
1. Director General , Department of Posts , Dak Bhavan , New Delhi -- 110001
2. The Member (P) , Department of Posts , Dak Bhawan, New Delhi.
3. The DDG(SR) , Department of Posts Dak Bhawan New Delhi-1100014..
The Director (SR & Legal) , Department of Posts , Dak Bhawan, New Delhi-
5. The Section Officer, SR Section, Dak Bhawan, New Delhi