Saturday, December 29, 2012

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


PROMOTION OF JUNIOR ADMINISTRATIVE GRADE (NFSG) OFFICERS (WHO ARE ON DEPUTATION) OF INDIAN POSTAL SERVICE, GROUP 'A', TO SAG OF THE SERVICE. (Click link below for details)


RESULTS OF LGOS EXAMINATION HELD ON 16-09-2012 IN RESPECT OF KARNATAKA CIRCLE (Click link below for details)


NEW TIMINGS FOR CGHS WELLNESS CENTRES
{Click link below for details)


PROMOTION AND POSTINGS OF JAG (NFSG) OFFICERS OF INDIAN POSTAL SERVICE, GROUP A TO SAG OF THE SERVICE AND TRANSFERS/POSTINGS OF REGULAR SAG OFFICERS OF INDIAN POSTAL SERVICE GROUP A (Click link below for details)

Monday, December 24, 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.

ALL CLARIFICATIONS ON MACPS AT ONE PLACE

FREQUENTLY ASKED QUESTIONS (FAQ) ON DEPARTMENTAL CANTEENS

KNOW YOUR LTC RULINGS

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
(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 toda
y.
Source: PIB

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