Friday, September 30, 2011

CENTRAL JCA MEETING ON MNOP HELD ON 29.09.2011

Com. M. Krishnan Secretary General NFPE and Com. D. Theagarajan Secretary General FNPO explained the gist of discussion held in the MNOP committee held on 27.09.2011. After detailed discussions the following decisions are taken.

1. Regarding the already implemented Speed Post Hubs the following modifications may be sought for positive decision.
(a) More intra circle hubs should be opened to reduce back routing and delay. Circle Secretaries of R-3 and R-4 Unions (NFPE&FNPO) should give concrete proposals regarding additional hubs required and also for change of jurisdiction from Postal Side to RMS .Report from Circles Secretaries should reach the General Secretaries /Secretary Generals before 5.10.2011.
2. Regarding first class mails hub (L1,L2) the meeting came to the unanimous conclusion that if the L-1,L-2 is implemented the following will be position:
(a) Most of the L-2 office will face closure in the near future due to fall in mail volume.
(b) In major metros/cities all the existing sorting offices and Divisions will be merged and closed.
(c) There will be large scale transfer and displacement of staff affecting their career prospective at large. Large number of Mailman staff and GDS may become surplus in metro/cities.
(d) L-1,L-2 will result in unnecesary back routing and avoidable delay in transmission/delivery of mails.
In view of the above the meeting decided to oppose implementation of L-1 and L-2 .
It is also decided to prepare for another industrial action if the department go ahead with implementation of L-1, L-2 inspite of our opposition. It is decided to approach the Hon`ble Minister for Communications & IT through MPs and appraise him, of the gravity of the situation and request intervention.
In the meantime the Secretary Generals shall prepare a detailed note explaining the above impact of L-1, L-2 for educating the rank and file membership.

Thursday, September 29, 2011

GUIDELINES ON THE VIGILANCE CLEARANCE TO THE MEMBERS OF CENTRAL CIVIL SERVICES/POSTS

CLICK HERE FOR ORDER 

  
e-NIVURTTI PENSION SOFTWARE UNDER PREPARATION
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Wednesday, September 28, 2011

MNOP COMMITTEE MEETING 27.9.2011

MNOP committee meeting is held today (27.9.2011) in the Dak Bhawan. Mrs. Manjula Prashar Member (Operations) and Chairperson of the committee presided. Mrs. Shanthi Nair, Chief PMG, Tamilnadu Circle, Shri Rishikesh, Director, Mails, Com M.Krishnan, Secretary General, NFPE and Sri D. Theagarajan, Secretary General, FNPO attended the meeting which lasted for 4 ½ hours.
Regarding already implemented speed post hubs, it is decided to call for proposals from Chief PMGs seeking necessary further changes in the system such as opening of more intra circle hubs, change of administrative jurisdiction to RMS etc. The Federations shall also submit their circle wise proposals for improvement of the speed post hub system.
Regarding implementation of first class mail hubs (L1, L2 ) , the official side wanted the Staff side to agree to its implementation. They told that existing sorting work in the L2 offices will not be disturbed. Hence, there will not be much change in the existing set up. Barcoding, track and trace in the L1 offices will improve the efficiency and customer satisfaction.
The Staff side vehemently opposed its implementation as it will result in large scale closure of sorting offices and also dislocation of existing staff in addition to avoidable delay in transmission/ delivery of articles. There was no consensus arrived. The item will again be discussed in the meeting proposed to be held on 10.10.2011.
MOST URGENT
All Circle secretaries of RMS unions are requested to send their proposals regarding the changes required in the existing speed post hub system in their circle ie. Opening of additional intra circle hubs, change of jurisdiction to RMS etc to the respective General Secretaries and also to the Federations before October 5 repeat 5th October 2011.
PL TREAT THIS AS MOST URGENT AND IMPORTANT. Proposals will be finalized in the proposed 10th meeting. Proposals received after 5th October will not be considered.
M.Krishnan, D.Theagarajan,
Secretary General NFPE Secretary General, FNPO

Tuesday, September 27, 2011

Don't kill the morale of working people in the name of 'Contributory Negligence'

Innocent people have been being victimised in the name of 'Contributory Negligence'. It is high time for everyone to know about this; from juniors to seniors as well as operative to administrative wings. AIPAEA calls for a justful manner in carrying out such cases, lest it will kill the morale of working people. The below given article is one of our humble efforts to educate our postal family and to strenthen them.
Com Meenakshisundaran, Retired Supervisor SBCO, Chennai GPO

PREAMBLE

Department of Post is a very big organization with multifarious functions and spread over the entire country. Due to the vast business turnover as well the huge size of the human resources employed in the day to day functioning, there will be some losses to the organization at times. Any enterprise of this size will have some unscrupulous and shady characters amidst the staff. There will be losses due to frauds, thefts, burglaries, excess payments and compensation to be paid in consumer cases. Even so the loss due to these aspects is negligible when compared to the revenue accrued through business. In Nationalized Banks million and millions of money is written off as loss due to bad debts. But in our department not even a single paisa is allowed to be written off as the Administration is very keen in recovering the loss from its employees whether employee is directly responsible or not. In my 39 years of service in this Department, I came across almost all type of cases were in money is recovered towards pecuniary loss and dealt with by them. It is my humble opinion that the bureaucracy usually acts in an inhuman way to recover the loss though they have powers to write off the loss. For instance the Director of Postal services has power to write off any excess payments in saving Accounts and there is no monitory limit. In my experience I was able to convince a DPS to accord sanction to write off some minus balances in savings accounts as they were pending more than 10 years and the Chief Postmaster was trying to recover the excess payments from the staff who has no part in transactions. The problem with the present staff is that they don't want to familiarize with necessary rules of the Branch in which they work, in spite of their superior academic qualifications, the present staff's knowledge in Departmental ruling is dismal and so the Administration is able to capitalize on the lack of knowledge and impose punishment of recovery without much difficulty. With current level of shortage of staff in Post offices and the unwanted decentralization of Accounting system, there is bound to be a lot of frauds as well as short comings/lapses on the part of operative staff due to heavy workload. If the state of affairs continues, almost all the staffs have permanent column in their pay bill under recovery towards Audit Objections. The rule of recovery is a draconian rule, though the rule was introduced with good intentions and the Administration utilizes this rule to impose recovery unilaterally to all employees without any sympathy. First of all we have to understand the implication of this rule and then try to tackle it. Here are some aspects of the Rule:

1. WHAT IS CONTRIBUTORY NEGLIGENCE?

    As per Rules Contributory Negligence is an action on the part of a Government servant that caused a pecuniary loss to the Government. As per Rule 11 (iii) of the CCS (CCA) rules, 1965, if an act on the part of the Government servant caused pecuniary loss to the Government, the Government may order recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders. The rule clearly states that recovery from a Government servant can be ordered only if he has caused the loss due to his negligence or breach of orders.

            For example, if a Government servant looses Government money entrusted to him for safekeeping or disbursement, then it can be construed as negligence and so the recovery can be ordered. If a Government servant pays out money without proper voucher or through a defective voucher to another person, then it can be constructed as a payment made in breach of orders and the penalty of recovery can be enforced. It is further defined in Rule 106 & 107 of P & T volume III as follows:

 Rule 106 of P & T vol III states:

(a) General Conditions

In the case of proceedings relating to recovery of pecuniary losses caused to the Government by negligence or breach of orders by a Government servant, the penalty of recovery can be imposed only when it is established that the Government servant was responsible for a particular act or acts of negligence or breach of orders or rules and the such negligence or breach caused the loss.

1. Rule 107 of P & T vol III states: In the case of loss caused to the Government, the competent disciplinary authority should correctly assess in a realistic manner the contributory negligence on the part of an officer, and while determining any omission or lapses on the part of officer, the bearing of such lapses on the loss considered and the extenuating circumstances in which the duties were performed by the officer, shall be given due weight.

2. Manner in which charge-sheet to be framed (DG P & T letter No. 114/176/78 –Disc II, DATED 13.02.1981.)

" It should be clearly understood by all the disciplinary authorities that while an official can be punished for good and sufficient reasons, the penalty of recovery can be awarded only if the lapses on his part have either led to the commission of the fraud or misappropriation or frustrated the enquires as a result of which it has not been possible to locate the real culprit. It is, therefore, obligatory that the charge sheet should be quite elaborate and should not only indicate clearly the nature of lapses on the part of the particular official but also indicate the Modus- operandi of the frauds and their particulars and how it can be alleged that but for the lapses on the part of the official, the fraud or misappropriation could be avoided or that the successful enquires could be made to locate the stage at which the particular fraud has been committed by a particular person"

2. How this Rule's interpretation is being done in India Post?

     Whenever a pecuniary loss occurs in the Department, the Administration immediately harps upon this rule if the official who caused the loss did not make good the loss. For instance, if a Branch Postmaster or Sub Postmaster defrauds Public money, The Administration does not take any serious action to recover the money from him. Instead it process the case to find out the short comings of other connected or even unconnected officials and try to throw the blame on them to enforce recovery to make good the loss. Though many Courts have frowned upon this type of action of the Administration, the practice is still being followed by the Administration. If there is a fraud at the Sub Office, the Administration looks for the lapses on the part of the Head office staff to fix the blame and to recover the pecuniary loss. In all such cases the officials directly responsible for the loss in violation of the Rules and orders escape recovery.
3. How the Administrative Machinery is used?

    Whenever the Administration decides to impose the recovery on the officials other than the one who committed the misconduct, the investigating officer will be sent to obtain statements from the officials pointing out their shortcomings and almost succeed in obtaining confession statements. If the official is weak minded and afraid of disciplinary action, the investigation officer / Divisional Administration play upon their weakness and obtain their willingness to credit their alleged share of the loss. In case of officials who are to go on retirement or voluntary retirement, the Administration uses coercion to get their willingness to credit the share as a precondition to accord necessary permission for retirement. The investigating officers use threats or lull the official to confide in them to get a confession statement. Particularly all form of tactics is resorted to by the Administration without any conscience or sympathy to achieve their goal.

4. How the Government servant reacts to this action?

            The reaction of the Government servant is first outrage and then defeatism. Whenever an investigating officer approaches the Government servant with some records and point out some lacunas in his day today work and how he failed to follow certain provisions in some rule. The Government servant immediately goes on the defensive and tries to explain how the shortage of staff and overburden of work in his seat have led to such omissions. This is exactly what the investigating officer requires. He advises the Government servant to give his statement admitting his omissions and his inability to detect some irregularities in a transaction while he processed it. The Government servant gives a statement on the above lines and prays to be excused as the omissions occurred due to heavy workload.

    Only a few knowledgeable Government servants ask for time tot give a statement and demand that all the records for perusal before giving a statement or try to get some advise from a knowledgeable persons before committing anything in writing.

5. What is the legal Position in these types of cases?

            The CATs and High Courts normally set aside the order of recovery if the Government servant is not directly responsible or there is no evidence of abetting to the loss. In some cases, the CATs have upheld the orders of recovery in spite of the fact that the fraud or loss occurred at a place other than the place of work of the Government servant. This is mainly due to the views taken by the Administrative member of the CATs who was once a bureaucrat and normally rules in favour of the Government. There is no guarantee that all the cases will succeed in the legal forum. This is mainly due to the fact that the Government servant has admitted his omissions initially and so the Courts take it as proof and refrain from interfering with the punishments. So the entire disciplinary proceeding as well as the legal proceedings revolves around the statement of the Government Servants. In some cases the Courts have set aside the order of recovery, but advice the Department to impose any other minor punishment for the omission/ lapse.

6. What is the normal process in such cases?

 1. Whenever a case come to light, the Administration assess the amount of recovery that can be imposed on the Government servants and send the investigating officers to obtain confession statements.

2. Next stage of the Contributory negligence proceedings is the issue of show cause notice to the Government servant asking him whether he is willing to credit the whole/share of the pecuniary loss alleged to have caused due to his negligence without prejudice to any disciplinary action likely to be taken in future. Some Government servants may opt to credit the whole amount or in easy installments with a hope that he/she can avoid disciplinary proceedings. Most of the Government servants used to refuse to credit the amount and face the disciplinary proceedings.

3. In such cases, charge sheet under Rule 16 of the CCS (CCA) Rules 1965 will be issued and the Government Servant will be asked to submit his representation within 10 days from the receipt of the memo of charge. Normally the Government servant submits his representation stating the extenuating circumstances that led to the omission on his part and requests for exoneration. The Disciplinary Authority used to observe that his representation is not satisfactory and imposes the penalty of recovery. If the Government servant appeals, the appeal is normally rejected as these types of cases are initially discussed with circle Administration and their views obtained prior to taking any action for recovery. This is how 80% of the Contributory Negligence cases are being processed.

7. How to safe guard from such case?

    a) whenever an investigating officer approaches for a statement from a Government servant, the official should demand to see the vouchers or records that are to be the evidence for the disciplinary proceeding to find out to what extent his action on such transaction to be construed as misconduct . The Government servant has every right to ask for time to give his statement and he cannot be forced to give a statement then and there that can be used against him. It is a must that the Government servant takes a copy of the statement given by him while giving such statement. If the investigating officer objects or refuses to grant time, the Government servant can write a statement stating that he wants to peruse the records, consult necessary rules and ask for time to give his statement. Then the investigating officer has no other option except to grant his request. Some investigating officers may even refuse to accept such statement and will report to the Disciplinary Authority that the Government servant refused to give his statement. So to avoid such traps, if the investigating officer refuses to accept the statement, The Government servant should send the statement to the Disciplinary Authority through proper channel to avoid the exploitation by the investigating officer. Then he can give his statement after two or three days. It is well settled law that nobody should be forced to testify against himself and refusal to give statement couldn't be construed as a misconduct or misbehavior. A few know about the above fact and so the investigating officers used to threaten the Government servant that refusal to give a statement will be viewed seriously and punishment will be imposed. Most of the investigating officers and Disciplinary Authorities are not aware of the above fact. So the statement is the most vital factor in a disciplinary proceedings and the Government servant should be very careful while a statement is recorded from him. The following points though not exhaustive will help in giving a proper statement.

1. First ensure that you were on duty on the date /dates of the alleged incidents.

2. Peruse the documents that are the basis of the allegation to find out whether the same were handled by you.

3. Check the necessary rules/ procedures from the Departmental volumes and find out the extent of your negligence, if any.

4. Never write a statement as per the dictation of an investigating officer even if you trust him implicitly.

5. Always consult a knowledgeable person before giving a statement and act on his advice to avoid any future complication.

6. Never trust the Administration in these matters, as it will only look after its own interest.

7. Always take notes on the evidences shown to you and take a copy of your statement.
b) whenever a memo of charge is issued under Rule 16 of CCS(CCS) rules, 1965 to a Government servant, he can ask for perusal of documents that are relied upon by the Disciplinary Authority to sustain the allegation under Rule 16(1) (b) of CCS(CCA) rules, 1965 and normally this request will be accepted by the Disciplinary Authority. During perusal take notes to include the same in your representation against the allegation. If the Disciplinary Authority is relying on the statements of other persons request for an oral inquiry under Rule 16 (1)(b) of CCS (CCA) rules, 1965 and Disciplinary Authority will reject the request stating that he does not consider an inquiry is necessary in the case as he is vested with discretionary powers. Though the request is refused, this action on the part of the Government servant will help him when he approaches the CAT for redressal. Whenever a memo of charge is received, it is always advisable to consult a knowledgeable person before submitting a reply. In all the cases, the recovery is unavoidable, as Disciplinary Authority would have already made up its mind to impose the recovery. But a proper representation against the allegation will be helpful when the Government servant approaches the CAT for remedy. If you are convinced that the recovery is unjust, it is better to take the help of a knowledgeable person in preparing your representation to the memo of charge or your appeal as these two will be deciding factors in the Court of Law.

8. TYPES OF CASES UNDER THIS RULE

1. Savings Bank frauds at Branch Post Office or Sub Post office:

The HO SB ledger Assistant and APM (SB) are the victims. Non-verification of signature between the SB3 and SB7,non-checking of BAT or DLT or non furnishing of necessary certificates in the proper format and non-detection of any alteration or correction made in the SB7 and not calling for the Pass Book for entry of interest from the SO are some of the points on which the allegation is based.
b) Saving Certificates frauds at Sub Post Office:

The HO SB ledger Assistant and APM (SB) are usually charged with non-maintenance or improper maintenance of the HO stock Register for certificates supplied to the SO's. Failure to check whether the certificates were properly signed or payment to messenger made on proper authorization are some of the points of allegation.

c) Transit of Cash between SO and HO:

The Mail Bag containing cash and valuable is sent from HO to SO through Bus and there is always likelihood of loss of the bag or pilfering of the bag during transit. Such cases are reported to Police and the loss of money recovered from the SPM or Treasurer of SO/HO under some pretext that the weight of the bag & seal was not checked or the bag was not opened before the SPM etc.

d)Excess payments or Minus Balance in SB accounts:

The improper maintenance of list of clearance of cheques and non-verification of balance in the Account before allowing the cheques for payment results in Excess payments or Minus balance in SB Accounts.

e)Withdrawal of cash by the SPM from the Bank and non-accounting of the same.

The PA and the APM of the Accounts Branch at HO entrusted with the work of scroll maintenance charged with allegation that they failed to watch the serial No. of the cheques and non-tallying the scroll received from the bank every month.

f)Theft/ Burglary in Post offices

The SPM/Treasurer will be the victims. The basis for allegation will be non-occupation of quarters provided or non-checking of locking arrangement on the doors of the PO or the Cash Chest etc. There is a Rule that says that S.P.Ms provided with post attached quarters should sleep in the office as if he is a security guard of the PO. This is the most ridiculous rule as the SPM is also a normal human being and has his own domestic obligations to his family. I defended a case of burglary recently in which the investigating officer obtained contradictory statement from the SPM to implicate the Treasurer in Police Station and forced him to credit the entire loss. The SPM thought that he was clever. But what happened was the SPM who was on the verge of retirement was forced to credit half of the loss before his date of retirement. It came to light during another burglary in the same PO, the duplicate keys of the Cash Chest that are ought to be in the custody of the SSPOs was used during the burglaries. It is evident from the above fact that somebody in the Divisional Office colluded with the criminal elements and burgled the PO. Neither the then SSPO's nor ASPO's or the PA, responsible for safe keeping of duplicate keys were touched but the SPM and Treasurer were made scapegoats for the burglary.

g) Compensation ordered by Customers courts:

The Consumer Courts do not accept the rules made by the Government of India and in all cases order compensation to the Public for deficiency of service. Normally this amount should be bourn by the department. But in our department, the amount of compensation ordered is recovered from the officials who have processed the transaction as per rules even though there is no willful deficiency on their part. I heard a rumouerethat in a PLI claim case the court ordered compensation and the amount has to be recovered from the DPS/APMG but the amount was drawn from Welfare Fund and paid to the complainant. If this can be done for high paid officers, what harm in paying the compensation from Welfare Fund in case of low paid officials also who were not actually at fault and who is also a member of the fund.

9. Here are some of the judgments:

RECOVERY

1.         (A) Post Office Saving Bank manual Volume-1 Rule 9(1) , 31(2)(iii), 48(ii), 92(2) and 120 (6)-Recovery-charge of failure to detect the on going fraud at the relevant time by other staff members which resulted in pecuniary loss to Govt. –None of the applicants were charged with misappropriating any amount nor it was alleged that their integrity was doubtful-Even no detailed enquiry was held-order of recovery of loss along with interest quashed.

(B) Central Civil Services (classification, control and Appeal) Rules 1965 Rule11(3) Recovery unless the persons concerned is directly responsible for misappropriating any amount or for causing any pecuniary loss to the Govt- No recovery made from him.

    (Smt. Kalpna Shinde and ors v union of India OA Nos. 344/2003, 353/03,354/03,355/03 & 357/03- decided on 22.11.2004 –CAT, Jabalpur Bench (circuit at Gwalior)- ATJ 2005(1) -45)

2.         R Balakrishnan v Union of India & others – OA 1496 of 1992 decided on 02.12.93 –CAT , Madras Bench- 166 Swamy's Case Law Digest 1994 1.

    "Unless and until the quantum of the pecuniary loss caused by negligence is properly assessed and quantified, there can be no punishment of recovery from pay"
EPILOGUE

    Till the year 1985, the Appellate Authorities have sympathetically considered the appeal petitions and used to reduce the amount of recovery considerably. I had the satisfaction of some of the punishment of recoveries set aside by Member (P) while deciding the Revision Petitions. The power of revision is now transferred to Chief PMGs and all the Revision Petitions are being rejected now without any mercy as the Disciplinary Authority and Appellate Authority have direct access to the Revising Authority to exert their influence to uphold their decisions. An official can be punished for his fault but he should not be made to suffer for the misconduct of another person. It should be the Endeavour of all Trade Unions to bring in necessary changes to this unscrupulous and inhuman imposition of punishment upon the Government servants who are not directly responsible for the loss. I want to enlighten this aspect of the Disciplinary proceedings to all the Government Servants. Errors, if any, are my sole responsibility. I will be happy to receive your valuable comments (whether negative or positive) and suggestions for improvement of this thesis.

Thursday, September 22, 2011

CHQ NEWS- CIRCULAR 53


AIPAEA CIRCULAR 53 AND RESOLUTIONS - URGENT ATTENTION REQUIRED

CLICK HERE FOR CIRCULAR 53
DOPT ISSUED ORDERS FOR 25% INCREASE OF FESTIVAL ADVANCE, BY-CYCLE ADVANCE, NATURAL CALAMITY ADVANCE AND WARM CLOTHING ADVANCE. NO FURTHER ORDERS ARE NECESSARY WHENEVER THE DA PAYABLE ON THE REVISED PAY STRUCTURE GOES UP BY 50 %.


CLICK HERE FOR ORDER

CCS (LTC) RULES, 1988-RELAXATION FOR TRAVEL BY AIR TO VISIT J&K
CLICK HERE FOR DOPT ORDER



 

Sunday, September 18, 2011

NATIONAL SECRETARIAT OF CONFEDERATION MEETS AT BANGALORE ON 22.10.2011

NATIONAL SECRETARIAT OF CONFEDERATION MEETS AT BANGALORE ON 22.10.2011

Dear Comrades!

The next National Secretariat Meeting of Confederation will be held at Bangalore City on 22.10.2011. Karnataka State Committee is making all efforts for the successful holding of the Secretariat. Exact venue and full agenda of the meeting will be circulated shortly. However Members of the National Secretariat are requested to make necessary journey reservations. Best Regards

S.K.Vyas
President

NFPE WRITES TO DEPARTMENT ON PRODUCTIVITY LINKED BONUS (PLB) TO POSTAL EMPLOYEES FOR THE YEAR 2010-2011.

No. PF-16 (G)/2011 Dated: 13th September,2011

To

            The Secretary,
            Department of Posts
            Dak Bhawan,
            New Delhi-110116
                                   
Sub:   Productivity Linked Bonus (PLB) to Postal Employees for the year       2010-2011.

Madam,

            As you are aware the Pooja Festival (Dussehra) is celebrated all over India in the month of October. Every year Bonus for Central Govt. Employees is declared by the Govt. well before the commencement of Pooja Festival.

            I request you to take necessary action to ensure grant of PLB to Postal Employees also before the Pooja Festival.  The following issues which are agitating the minds of the Postal Employees may be considered favourably while declaring the Bonus for the year 2010-2011.

(a)          The undeclared cap of 60 days imposed by the nodal ministry may be got removed and eligible Bonus granted.

(b)          The enhanced monthly salary ceiling of Rs.3,500/- may be made applicable to Gramin Dak Sevaks also.  In this regard the judicial pronouncements of various CATs may be referred.

(c)          Casual Labourers and GDS may be granted Bonus as per the amended statutory Bonus Act.

            A line in reply from your end will be highly appreciated.


            Thanking you.
           
Yours faithfully,

--
M.Krishnan
Secretary General NFPE

Thursday, September 15, 2011

Cabinet okays 7% hike in DA for Central Govt staff

The decision to increase the DA for five million Central government employees and Dearness Relief (DR) for about four million pensioners was taken by the Union Cabinet. The pay hike would be applicable from July 1. The DA for the Government employees ...

Monday, September 12, 2011

GUIDELINES ON THE PROBATION OF CENTRAL CIVIL SERVANTS

Mail Network Optimization Project

Our Federation has submitted a detailed note on 29.08.2011 containing 44 pages to the department about our view & position on MNOP for discussion.
Interest views can download the following link and offer their comments & suggestions if any immediately to us that we can discuss the same also in the meeting scheduled to be held soon exclusively for this purpose.

Please download the following link

CRIMINAL COMPLAINT CAN'T HOLD UP PENSION BENEFITS

Mere registration of an FIR or filing of a charge sheet under the Prevention of Corruption Act is not enough to withhold the release of pension benefits due to a government servant. The Central Administrative Tribunal (CAT) has ruled that final pension, gratuity, leave encashment or other such benefits due to a government servant on retirement cannot be held back in the event of a criminal complaint against him/her.

            The ruling came from a bench of CAT chairman VK Bali and member Ramesh Chandra Panda, which ordered the ministry of finance and the Central Board of Direct Taxes to restore forthwith the full pension of VB Bansal, Assistant Commissioner of Income Tax, and make payment of all arrears due within six weeks. Invoking rule 69 of the Central Civil Service (Pension) Rules 1972, the government had withheld Bansal's final pension, gratuity, leave encashment and some other post-retirement benefits on the ground that a case of disproportionate assets registered against him by the Central Bureau of Investigation on February 2005 was still pending.

            Bansal had contended that after investigation, the CBI sent a report to the court for cancellation of the FIR in 2007, and he could not be made to suffer if the court had not taken any decision even after four years. The government argued that if no decision had been taken by the Magistrate concerned, on the cancellation report sent by CBI, it shall be deemed that judicial proceedings were pending.

            But the CAT rejected the government's arguments, saying: "It is only after the Magistrate may not accept the cancellation report and may order further investigation in the matter, and on such investigation, the Central Bureau of Investigation (CBI) collects sufficient evidence, which may sustain conviction and the Magistrate may take cognisance, that judicial proceedings can be said to be pending against the applicant (Bansal)."While ordering payment of full pension and post-retirement benefits to Bansal, the bench did not agree to payment of interest on the amount due."However, if the arrears as mentioned above and the withheld post-retiral dues are not released to the applicant within the time mentioned above, the applicant will be entitled to interest thereon at the rate of 9% per annum from that date till the date of actual payment," it added.

- Hindustan Times, 11.09.2011

CHANGE OF DATE FOR MARCH TO PARLIAMENT

STEERING COMMITTEE OF GOVERNMENT EMPLOYEES ORGANISATIONSONS ON PFRDA BILL

            11th September 2011

Dear Comrades

PARLIAMENT MARCH ON 25TH NOVEMBER 2011

            Please refer to Circular Dt 29th August 2011.

            It was conveyed there-in that the March to Parliament would be held on 29th November 2011.

            It has now been decided to pre-pone the March to Parliament to 25thNovember 2011.

            All the participant organisations are requested to note the change and guide/direct their field formations accordingly.

           With greetings
           Sd/-
          (SK Vyas)
          Convener

Sunday, September 11, 2011

Will America save its Postal Service?

J. Scott Applewhite | AP
Postmaster General Patrick Donahoe appears before the Senate Homeland Security and Governmental Affairs Committee as the panel examines the economic troubles of the Postal Service, a self-funded federal agency in decline because of the Internet and advertising losses, on Capitol Hill in Washington, Tuesday, Sept. 6, 2011.
Postmaster General Patrick Donahoe appears before the Senate Homeland Security and Governmental Affairs Committee as the panel examines the economic troubles of the Postal Service, a self-funded federal agency in decline because of the Internet and advertising losses, on Capitol Hill in Washington, Tuesday, Sept. 6, 2011.

 WASHINGTON — Imagine a nation without the Postal Service.
No more birthday cards and bills or magazines and catalogs filling the mailbox. It’s a worst-case scenario being painted for an organization that lost $8.5 billion in 2010 and seems headed deeper into the red this year.

“A lot of people would miss it,” says Tony Conway, a 34-year post office veteran who now heads the Alliance of Nonprofit Mailers.
Businesses, too.

The letter carrier or clerk is the face of the mail. But hanging in the balance is a $1.1 trillion mailing industry that employs more than 8 million people in direct mail, periodicals, catalogs, financial services, charities and other businesses that depend on the post office.

Who would carry mail to the Hualapai Indian Reservation in the Grand Canyon? To islands off the coast of Maine? To rural villages in Alaska? Only the post office goes to those places and thousands of others in the United States, and all for 44 cents. And it’s older than the United States itself.

Ernest Burkes Sr. says his bills, magazines and diabetes medication are mailed to his home in Canton, in northeast Ohio, and he frequently visits the post office down the street to send first-class mail, mostly documents for the tax service he runs. As his business increased over the past three decades, so has the load of mail he sends, and it’s still pretty steady.

“I don’t know what I’d do if they’d close down the post offices,” said Burkes, who doesn’t use rival delivery services such as UPS or FedEx. “They need to help them, just like they helped some of these other places, automobiles and others.”

Postmaster General Patrick Donahoe is struggling to keep his money-losing organization afloat as more and more people are ditching mail in favor of the Internet, causing the lucrative first-class mail flow to plummet.

Donahoe has a plan to turn things around, if he can get the attention of Congress and pass a series of hurdles, including union concerns.
“The Postal Service is not going out of business,” postal spokesman David Partenheimer said. “We will continue to deliver the mail as we have for more than 200 years. The postmaster general has developed a plan that will return the Postal Service to financial stability. We continue to do what we can on our own to achieve this plan and we need Congress to do its part to get us there.”

He acknowledged that if Congress doesn’t act, the post office could reach a point next summer where it doesn’t have the money to keep operating.

That wouldn’t sit well with Mimi Raskin, a wine and antiques store owner in Grants Pass, Ore., who likes her birthday card mailed. “If you get a birthday card on the Internet, it’s like, well, I didn’t care about you enough to go to a store, buy a card that suited your personality, and mail it,” she said.

Donahoe and his predecessor, John Potter, have warned for years of the problems and stressed that the post office will be unable to make a mandated $5.5 billion payment due Sept. 30 to a fund for future medical benefits for retirees.

A 90-day delay on the payment has been suggested, but postal officials and others in the industry say a long-term solution is needed.

Donahoe has one. It includes laying off staff beyond the 110,000 cut in the past four years, closing as many as 3,700 offices, eliminating Saturday delivery and switching from the federal retirement plan to one of its own.

Cliff Guffey, president of the American Postal Workers Union, called the proposal “outrageous, illegal and despicable.”

A contract signed in March protects many workers from layoffs. Guffey said the attempt to change that now “is in utter disregard for the legal requirement to bargain with the APWU in good faith.” Other unions, including the National Association of Letter Carriers, are negotiating their contracts with the post office.

Yet Donahoe’s efforts are drawing praise from people such as Conway, the head of the nonprofit mailers, who says these are necessary steps that officials have shied away from in the past.

Several bills proposing ways to fix the agency are circulating in Congress. One, by Rep. Darrell Issa, R-Calif., would impose a control board to make the tough decisions.

When it was first introduced, the bill was perceived as “way out there,” Conway said. But as the postal financial problems have become more obvious, “you’re seeing people thinking maybe it isn’t that extreme.”

Gene Del Polito, of the trade group American Association for Postal Commerce, said now that Donahoe has offered a plan, “why not give him the authority do to do what needs to be done.” If that fails, then a control board could be instituted, he said.

Closing offices seems an easy way to save, but members of Congress never want cuts in their districts, and while the public may mail less, people still want their local office to stay open.

The changes that Donahoe is proposing would mean a different post office, but one that still operates for people such as Jovita Camesa, who’s 75 and lives in a downtown Los Angeles retirement complex. She said she’s sending more first-class mail than ever due to her expanding circle of grandchildren.

Camesa said she wouldn’t think to use the Internet for those birthday and holiday greetings, or start going online to seek out the articles she now reads in the issues of Vogue, Readers Digest, Prevention and other magazines that are delivered to her. “I’m not interested in the Internet or computers,” she said. “I’m very traditional.”

Ellen Levine, editorial director of Hearst Magazines, told a Senate hearing that the Internet has not eliminated the need for mail delivery of magazines.

“Nearly all publishers use the United States Postal Service to deliver their magazines to subscribers,” she said. “While most consumer titles are also available on newsstands, mail subscriptions will remain the major component of hard-copy magazine circulation in the United States for the foreseeable future.” Overall, Levine said subscriptions account for about 90 percent of magazine circulation.
Olive Ayhens, an artist who lives in Brooklyn, N.Y., says she pays her bills online but still uses first-class mail. She was mailing announcements of her newest gallery opening; one was going to her son in London.

“Less than a dollar, I’m sending to London,” she said during a stop at the James A. Farley Post Office in Manhattan.

The Internet, along with the advent of online bill paying, has contributed to a sharp decline in mail handled by the post office, from 207 billion in 2001 to 171 billion last year. Although the price of stamps has increased from 34 cents to 44 cents over the same period, it is not enough to cover the post office’s bills, in part because of higher labor costs.

Yet one of the biggest problems isn’t mail flow or labor or other costs. Rather, it’s a requirement imposed by Congress five years ago that the post office set aside $55 billion in an account to cover future medical costs for retirees. The idea was to put $5.5 billion a year into the account for 10 years. That’s $5.5 billion the post office doesn’t have.

No other government agency is required to make such a payment for future medical benefits, so why not drop it for the post office.
Like everything in Washington, it’s not that simple.

The Postal Service is not included in the federal budget, but the Treasury Department account that receives that payment is.

That means that when the post office deposits that money, it counts as income in the federal budget. So, if it doesn’t make the payment, the federal budget deficit appears $5.5 billion bigger, something few members of Congress are likely to favor.

In announcing his bill, Issa warned of a need to avoid a “bailout” of the post office, which does not receive taxpayer money for its operations.

Others, however, have characterized the $5.5 billion payments as a post office bailout of the federal budget because it makes the deficit appear smaller.

“We have made that argument,” said Del Polito. But it has been rejected with the argument that the payments are required by law and ending them requires a change in the law.

That problem of appearing to increase the federal deficit creates a reluctance to deal with the matter directly, Del Polito said.

So where does that leave the post office and those Americans who don’t have access to the internet?

Sen. Joe Lieberman, I-Conn., suggested more people start sending passionate letters as a way to save the agency.

As good an idea as love missives may be, they are unlikely to be enough.