AIPAEA ALL INDIA CONFERENCE – BULLETIN TWO

AIPAEA ALL INDIA CONFERENCE – BULLETIN TWO

                                                                                                                                   Date: 27-07-2012

Dear Comrades,

I hope that all units might have made the arrangements to reach the Hyderabad to attend the All India Conference which is going to be held from 11-09-12 to 13-09-12. The Reception Committee wants the following points to be conveyed to all the units. I request you to respond immediately and send SMS to me (mobile number: 9912348500). You can also send email at satyamtandra@gmail.com

TRAVEL DETAILS

1.      Inform how many Delegates and Observers are coming.

2.      When you are reaching Hyderabad and by which train.

3.      When you are going back from Hyderabad and train details.

4.      Whether any women delegates/observers are coming - coming alone or with family members.

5.      All units must participate in the AIC with full strength of their Delegates.

SOUVENIR

1.      All CHQ Office Bearers and Circle Units are requested to try hard and get minimum one full page advertisement from each unit for publication in the Souvenir. The Order form and request letter has already been sent to you. If needed you can get the photo copy of that and use it. I suggest that each Circle Secretary should approach and request the Circle Office Business Development wing to release an advertisement on Speed Post/PLI/RPLI products. They can also approach the State Tourism Corporation of their State and get one Advertisement. I request all the Comrades to take it very seriously and use all their connections to get more and more Advertisements. The Advertisement material and Cheques/Cash may please be sent to  “ D. Narasimha Murthy, Circle Secretary, AIPAEA, Office of the Director of Accounts (Postal),Dak Sadan, Abids, Hyderabad – 500 001.”

2.      Earlier I have requested to send the old photos of the previous AICs held at your place. So far I have not received any feedback on that. Please procure such pictures and send immediately to the above stated address. It will be a record for the future generations. You can also send your articles. From each unit one Article is expected either in Hindi/English.

Awaiting your arrival at Hyderabad.

With Greetings,

T.SATYANARAYANA,

General Secretary.

MACP JOINT COMMITTEE MEETING AND DECISIONS

            The joint Committee set up by the National Anomaly Committee to consider the MACP related issues met on 27^th July, 2012.  The Staff Side was represented at the meeting by the following comrades:

Com. M. Raghaviah        Com. Umraomal Purohit       Com. S.K. Vyas             Com. C. Srikumar

               Com. K.K.N. Kutty               Com. Shivgopal Misra                 Com. Bhosle

The report prepared by the sub-committee after three rounds of discussions was reviewed at the meeting.  The points that came up for discussion and the decisions taken are as under:

Grant of MACP in the promotional hierarchy:  The Staff Side pointed out that the ACP which was in vogue till the advent of MACP had been on promotional hierarchy.  In the name of improvement of the scheme, the Government cannot unilaterally change it, especially when the concerned employees do not consider it as advantageous.  They suggested that the employees must be allowed to retain the ACP for the first two promotions and for the third promotion MACP can be extended.  However, the Official Side said that it would not be possible to have any hybrid scheme.  In fact, they added that the 6^th CPC had suggested for two career progressions only and that too on grade pay hierarchy.  The govt. had improved upon and therefore it was not possible for them to agree for the suggestion of the Staff Side.  They also stated that the reason for bringing about grade pay hierarchy was to bring about uniformity in the scheme across the Departments as the promotional hierarchy varies from one department to another.  They declined to consider the suggestion for promotional hierarchy based MACP.

The Staff Side then pointed that in the last meeting of the Committee, the Official Side taking into account the difficulties and disadvantages experienced by the employees in many departments which were presented by the Staff Side had agreed to consider department wise/cadre wise options.  The Staff Side further pointed out that the suggestion of the Official Side would not go to resolve the issue.  They said that option must be provide for each individual employee to choose either the ACP or MACP whichever is beneficial to him as is provided in the CCS(RP) Rules.  The unilateral withdrawal of a benefit from an employee is not permissible.  They also stated that the Official Side has not pointed out the difficulties in agreeing to this proposal.  After some discussions, the Official Side said that they would re-examine the issue of individual option and will come up with their considered view at the next meeting of the NAC.

 Counting 50% of service of the Temporary status/casual labourers for the purpose of MACP:  In the light of the discussion at the meeting, the Official Side agreed to examine the matter.

Treatment of employees selected under Limited Departmental Competitive Examination Scheme and GDCE Scheme:  The Official Side agreed to issue orders on the same lines as has been issued under the ACP Scheme.  The Staff Side stated that wherever examination is the criterion for promotion/fast track promotion, the service rendered by such employees in the lower post must be ignored and such promotion should be treated as appointment and the promotion scheme to commence from the date of such appointment.  This was not agreed to by the official side on the plea that such appointments are against promotion quota and therefore, they are to be considered as promotion only.  The Staff Side them pointed out that this issue had been the subject matter of judicial consideration before the Tribunal and the Tribunal has given the decision in favour of the employees.  The Official Side wanted a copy of the judgement to react to this.

Date of effect of the Scheme:  The Staff Side pointed out that the date of effect of MACP Scheme must be from 1.1.2006.  The analogy of the 5^th CPC has no application as ACP was introduced after discussion with the Staff Side on a later date.  Since the Government issued the orders of the 6^th CPC and the acceptance of the MACP with modification almost simultaneously, it should have been made effective from 1.1.2006.  They also pointed out that the MACP is not an allowance to be made application from 1.9.2008.  The Official Side pointed out that the benefit emanating from the MACP i.e. the third promotion was applicable to all existing employees who were in service after 1.9.2008.  The Staff Side demanded that the benefit has been denied to those who retired between 1.1.2006 and 30.8.2008.  The Official Side agreed to consider application of the new MACP with effect from 1.1.2006 for those who retired/died between 1.1.2006 and 30.8.2008.

 Financial up-gradation under MACP in the case of staff who join another unit/organization on request.  It was agreed at the last meeting that the services rendered in another recruiting unit/organization will be taken into account for counting service for promotion under MACP.  The Staff Side however, pointed out that in many cases, the employees are compelled to seek reversion in order to be transferred to another recruiting unit.  In their case, the promotion so earned at the present recruiting unit and which have been foregone is being counted as one promotion under MACP.  The Official Side agreed to look into this matter and issue necessary clarificatory orders.

 Stepping up of pay of senior incumbent with the junior as a consequence of ACP/MACP.  The Official Side stated that in the light of the judgments delivered in the matter they will have the case looked into and necessary instructions issued.  They also stated that certain instructions in the matter has already been issued, copy of which will be made available to the Staff Side.  

 The bench mark question for promotion under MACP.  The Official Side agreed to issue a clarificatory order stating that if the promotion is on seniority cum fitness basis, MACP will also be on seniority cum fitness basis.

                There had been no discussions on other points incorporated in the report.  The stand taken by the Official side in those matters remains unchanged.  You may kindly access the report from the website of the Department of Personnel along with the relevant orders.

MEMORANDUM SUBMITTED TO THE PRIME MINISTER BY THE CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES AND WORKERS

CLICK HERE FOR TO OPEN DRAFT

THREE YEARS TIME LIMIT FOR MAKING COMPASSIONATE APPOINTMENT WITHDRAWN

CLICK HERE FOR ORDER

ONE DAY ALL INDIA STRIKE ON 12TH DECEMBER 2012

  ONE DAY ALL INDIA STRIKE ON 12TH DECEMBER 2012

 

Demanding 7th Pay Commission, 50% merger of DA, Departmentalise Gramin Dak Sevaks, Regularise casual labourers, Compassionate appointment 5% condition removal, Five Promotions, Scrap PFRDA Bill, Fill up all vacant Posts and Create New Posts Etc. Etc.

NFPE ALL INDIA CONVENTION HELD ON 26TH JULY 2012 CALLED UPON THE ENTIRETY OF THE POSTAL WORKERS TO MAKE THE STRIKE CENT PERCENT SUCCESS

MASSIVE RALLY BEFORE PARLIAMENT BY CONFEDERATION ON 26TH JULY

MASSIVE RALLY BEFORE PARLIAMENT

 BY CONFEDERATION ON 26TH  JULY

At the Call of the Confederation of CG Employees and Workers, thousands of Central Government Employees belonging to all affiliates of Confederation reached Delhi and demonstrated before the Parliament on 26th July 2012.

The Massive March to Parliament is organised to demand implementation of 15 Point Charter of Demands including Constitution of 7th Central Pay Commission to revise the wages from 1.1.2011; Merger of 50% DA with Basic Pay; Five Promotions to every Employee in the entire career; Regularisation of three lakhs of GDS in Postal Department; Regularisation of Casual labourers; Compassionate Appointment etc.


Comrade S.K.Vyas President Confederation presided over the Rally. Comrades Basudev Acharya M.P; Tapen Sen CITU General Secretary and M.P; Amarjit Kaur AITUC All India leader; M.Krishnan Secretary  General NFPE; K.Ragavendran Working President Confederation;  addressed the  Rally.


Comrade K.K.N.Kutty Secretary General Confederation addressed and explained the details of the National Secretariat Meeting and declared that there will be an All India Strike action on 12.12.2012 to win the 15 Point Charter of Demands if within three months the Government failed to accept our demands.

A Memorandum to Honourable Prime Minister of India containing all the 15 Points of Charter of Demands with all the justification was finalised by the National Secretariat has been submitted to the Prime Minister on behalf of the Confederation. Full text of the Memorandum will be shortly placed in our website.

Some important photographic view of the Rally is given under:

LIST OF IDENTIFIED POST OFFICES FOR INSTALLATION OF ATMS UNDER CBS

 Directorate has identified 1000 Post Offices all over the country for ATM implementation.

 CLICK HERE FOR DETAIL LIST

Review of three years time limit for making Compassionate Appointment

F.No.14014/3/2011-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

North Block, New Delhi,
Dated the 26th, July 2012

OFFICE MEMORANDUM

Subject : Review of three years time limit for making compassionate appointment.

The primary objective of scheme for compassionate appointment circulated vide O.M. No. 14014/6/94-Estt(D) dated 09.10.1998 is to provide immediate assistance to relieve the dependent family of the deceased or medically retired Government servant from financial destitution i.e. penurious condition. The Hon’ble Supreme Court in its judgment dated 05.04.2011 in Civil Appeal No. 2206 of 2006 filed by Local Administration Department vs. M. Selvanayagam ® Kumaravelu has observed that "an appointment made many years after the death of the employee or without due consideration of the financial resources available to his/her dependents and the financial deprivation caused to the dependents as a result of his death, simply because the claimant happened to be one of the dependents of the deceased employee would be directly in conflict with Articles 14 & 16 of the Constitution and hence, quite bad and illegal. In dealing with cases of compassionate appointment, it is imperative to keep this vital aspect in mind”.

2. This Department’s O.M. No. 14014/6/1994-Esst.(D) dated 09.10.1998 provided that Ministries/Departments can consider requests for compassionate appointment even where the death or retirement on medical grounds of a Government servant took place long back, say five years or so. While considering such belated requests it was, however, to be kept in view that the concept of compassionate appointment is largely related to the need for immediate assistance to the family of the Government servant in order to relieve it from economic distress. The very fact that the family has been able to manage somehow all these years should normally be taken as adequate proof that the family had some dependable means of subsistence. Therefore, examination of such cases call for a great deal of circumspection. The decision to make appointment on compassionate grounds in such cases was to be taken only at the level of the Secretary of the Department/Ministry concerned.

3. Subsequently vide this Department’s O.M. No.14014/19/2002-Estt.(D) dated 5th May, 2003 a time limit of three years time was prescribed for considering cases of compassionate appointment. Keeping in view the Hon’ble High Court Allahabad judgment dated 07.05.2010 in Civil Misc. Writ Petition No. 13102 of 2010, the issue has been re-examined in consultation with Ministry of Law. It has been decided to withdraw the instructions contained in the O.M. dated 05.05.2003.

4. The cases of compassionate appointment may be regulated in terms of instructions issued vide O.M. dated 09.10.1998 as amended from time to time. The onus of examining the penurious condition of the dependent family will rest with the authority making compassionate appointment.

sd/-
(Mukta Goel)
Director (E-I)

Source : www.persmin.nic.in 
[http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/14014_3_2011-Estt.D-26072012.pdf]

Details of Scheme for Out of Turn Promotion for Sportspersons Announced

Press Information Bureau 

Government of India

Ministry of Personnel, Public Grievances & Pensions 

26-July-2012 17:10 IST

Details of Scheme for Out of Turn Promotion for Sportspersons Announced

The Union Cabinet had last week approved a policy to promote sportspersons for excellence in international sports events.  As per the policy,  upto three out of turn promotions can be given in their service career for winning medals in Olympic Games, Commonwealth Games, Asian Games and World Championships. The sportsperson winning a medal or more than one medal in a Game/Team Events/Championships in a particular year will be eligible for an out of turn promotion in that year. Further record-breaking medal winning performance in National Games will also be considered for one out of turn promotion during the service career.

This would be in addition to the monetary reward scheme of the Government already in existence for all medal winners in international sports events and their coaches where the quantum of monetary rewards for individuals is upto Rs. 50 lakh for medal winning performance in Olympic Games, Asian Games and World Championships.

The Scheme will be helpful in improving the performance of individual sportsperson and will play a big role in promotion of sports among the masses. The proposed policy covers all the sportspersons working with Central Government Ministries and Department.

The Department of Personnel & Training, Ministry of Personnel, Public Grievances and Pensions has since finalised the Scheme.  The details of the Scheme are as under:

OBJECT:

To promote a sportsperson for excellence in sports events by upgradation of the post personal to the sportsperson. Such a post will continue to be upgraded in higher grade till it is vacated by the sportsperson either by his/her subsequent promotion, resignation or on retirement.

TO WHOM APPLICABLE

The Scheme is applicable to all Central Government Civilian Employees and Central Services except Railways Services and services under the control of the Department of Atomic Energy, the erstwhile Department of Electronics, the Department of Space and the Scientific and Technical Services under the Department of Defence Research and Development.

PERFORMANCE TO BE REWARDED BY OUT OF TURN PROMOTION

The medal winning performance in sports events to be eligible for out of tum promotion will be restricted to regular disciplines of

i. Olympic Games,

ii. Commonwealth Games,

iii. Asian Games

iv. World Championships and

v. Record breaking medal winning performance in National Games conducted by Indian Olympic Association in the regular disciplines of Olympics, Commonwealth Games, Asian Games and World Championships.

The Scheme will also cover differently abled sportspersons for equivalent events/games organized for them.

NUMBER OF OUT OF TURN PROMOTION TO BE ALLOWED

A maximum of three out of turn promotion in the entire service career, subject to following conditions can be allowed to sportspersons for excellence in International/National Sports events:

EXCELLENCE IN INTERNATIONAL SPORTS EVENTS.

i. A sportsperson winning Gold, Silver or Bronze or more than one medal in Olympic Games, Commonwealth Games, Asian Games and World Championships in a particular year will be eligible only for one out of turn promotion in that year.

ii. Only the medal winning performance in aforesaid sports events will be considered for out of turn promotion. If a sportsperson or more than one sportspersons while competing  in a discipline in Olympic Games, Commonwealth Games, Asian Games and World Championships, does not win a medal but gives better performance than the previous national record in the discipline then no out of turn promotion will be allowed.

iii.  In case of a team event, a sportsperson will qualify for out of tum promotion only if he has played at least 50% of the matches in the same event. Reserve player, if any, shall not be entitled for any out of tum promotion.

iv.  An out of turn promotion be considered for performance as a Coach if he/she has trained a sportsperson or a team which goes on to win a medal in any of the international Games/Championships mentioned in para (i) above. A Coach who is a Government employee will be considered for out of tum promotion even if the sportsperson(s) he/she has trained is not a Government Servant provided he has already intimated his/her office the name of sportsperson(s) or team which have been receiving training from him. In case more than one Coach has trained a sportsperson or a team which eventually wins a medal then only the main Coach, subject to other conditions will be considered for out of turn promotion.

v. The number of out of turn promotions allowed to a Coach will be capped at two with a gap of four years. However, the total number of out of turn promotions allowed to a Coach will not exceed three in the entire career including those given to him/her in the past for performance as a sportsperson.

B. EXCELLENCE IN NATIONAL SPORTS EVENTS

In case of National Games conducted by Indian Olympic Association record breaking medal winning performance in an individual discipline would be considered for one out of turn promotion during the entire service career. In case more than one sportsperson gives better performance than the existing national record in the discipline in the same National Games, then all sportspersons winning medals shall be considered for one out of turn promotion.

5. VACANCY

As out of turn promotion to sportsperson is to be allowed by upgradation of post personal to the sportsperson, no separate post will be created for grant of out of turn promotion to a Sportsperson/Coach. Such a post will continue to be upgraded in higher grade till it is vacated by the sportsperson either by his/her subsequent promotion, resignation or on retirement. No out-of-turn promotion shall be granted during the probation period. The out of turn promotion will be granted only in the hierarchy of the post and no level jumping will be allowed.

6. COMPOSITION OF THE DPC

Out of turn promotion would be allowed on regular basis only. The procedure for regular promotion including vigilance clearance should be followed while considering the cases for out of turn promotion. The composition of DPC for grant of out of turn promotion to the sportsperson will be same as that prescribed in the statutory recruitment rules applicable to the post to which promotion is being made.

7. RELAXATION IN QUALIFYING/ELIGIBILITY SERVICE REQUIRED FOR

PROMOTION

The appointing authority for the post prescribed in the relevant recruitment rules shall be competent authority for grant of relaxation from requirement of completing the qualifying service(residency period in the feeder grade), educational qualification, completion of pre-promotion training or any other condition that may be prescribed in the statutory recruitment rules applicable to the promotional post. This shall have prior approval of the Secretary concerned in case of the Ministry/Department and the Head of the organisation in the case of attached and subordinate offices.

8. TIME LIMIT FOR OUT OF TURN PROMOTION

The entitlement of a sportsperson for out of turn promotion may be processed within a period of three months from the date of occurrence of event which entitles him/her for out of turn promotion. It will be responsibility of the concerned administrative  Ministry/Department to consider a sportsperson for out of turn promotion within the prescribed time limit.

9. DATE FROM WHICH PROMOTION WILL BE EFFECTIVE

The out of turn promotion will be effective from the date of conclusion of event.

10 FIXATION OF SENIORITY

A sportsperson/Coach appointed to a post/Grade by grant of out of turn promotion in relaxation of provisions of statutory recruitment rules applicable to the post/Grade, will be assigned seniority below all the regular personnel appointed(recruited/promoted) in that particular year.

11. PAY FIXATION

The pay on out of turn promotion of sportsperson will be fixed as in the case of regular promotion.

12. UTILISATION OF SERVICES OF SPORTSPERSON

As far as possible the services of the sportspersons, should be utilised for sports related activities after their active sports career is over, whether it is coaching or other technical areas.

13. POWER TO RELAX

Prior approval of DoP&T is required to be obtained to relax any of the provisions of this scheme.

From Post Office Clerk to President- Pranab Mukherji

Mr Pranab Mukherjee took the oath of office and secrecy as the 13th President of the country at the Central Hall of Parliament here on Wednesday.

The Chief Justice of India, Mr Justice S.H. Kapadia, administered the oath, at an elegant ceremony attended by top leaders and officials.

Mukherjee was born on 11 December 1935 in  Birbhum district in the Bengal province of British India. His father Kamada Kinkar Mukherjee, was a member of the Indian National Congress during the Indian Independence movement and had spent more than ten years in British jails. Mukherjee’s mother’s name was Rajlakshmi Mukherjee.

He holds a Master of Arts degree in History and Political science and also a degree in Law from the University of calcutta.

Mukherjee began his career as an upper-devision clerk in the office of the Deputy Accountant-General (Post and Telegraph) in Culcutta. After getting above academic degrees, he became professor in a college in Birbhum district and later he also worked as a journalist for the Bengali publication Desher Dak.

He was the UPA’s ‘little big man’, the crisis manager, the consensus builder, Mr Dependable, and Mr fix-it. He first became an Rajya Sabha MP 43 years ago. He became a minister 39 years ago. His first stint as Finance Minister of India began 30 years ago. His political career spans four decade. He has been a minister under every Congress Prime Minister in the last four decades.

Pranab Mukherjee learnt the art of politics from the former Prime Minister Indira Gandhi. It was Indira who noticed Pranab’s talent — making him minister first time in 1973. He was re-elected to the Upper House in 1975, 1981, 1993 and 1999.

During the dark emergency in India, he stood by Indira Gandhi. He was also accused of favouring Reliance group and building up strong relationship with Dhirubhai Ambani.

After Indira’s assassination in 1984, the darkest phase in Pranab’s career began. Accused of conspiring to be Prime Minister he leaved the Congress party in 1985 and formed his own political party Rashtriya Samajwadi Congress.

In the regime of PV Narasimha Rao in 1991, he returned as Deputy Chairman of the Planning Commission and subsequently a Union Cabinet Minister. From 1995 to 1996, he served as External Affairs Minister. A year later, in 1997 he was voted as an Outstanding Parliamentarian.

He has been the chief troubleshooter of the Congress party as well as the government. With Congress-led United Progressive Alliance returning to power in 2004, he ideally played the role of consensus builder to lead a coalition government.

It was in 2004, Pranab was appointed as the Leader of the House in the Lok Sabha after he was elected to the lower house for the first time from Jangipur constituency. He was expected to handle the political fallout of all difficult situations.

First Citizen

From holding some of the most powerful posts in the government, Pranab Mukherjee is India’s President. “Soon, I will not be a political entity,” Pranab Mukherjee had said in his farewell speech last week.

As Finance Minister

Pranab Mukherjee’s first stint as the Finance Minister of India was in 1982. He presented the first annual budget in 1982-83. He became the Finance Minister again in Manmohan Singh’s cabinet. He presented the Union Budget in 2009, 2010, 2011 and 2012.

Best Finance Minister

In 1984, Pranab Mukherjee was rated as the best Finance Minister of the World according to a survey of Euro money magazine. In 2010, he was awarded Finance Minister of the Year for Asia by Emerging Markets, the daily newspaper of record for the World Bank and the International Monetary Fund (IMF).

Last year, he was awarded an honorary Doctor of Letters degree by University of Wolverhampton. He has been a member of the Board of Governors of the International MonetaryFund, of the World Bank, of the Asian Development Bank, and of the African Development Bank.

Mirati’s Poltu

Poltu, a village boy from a small village in West Bengal always says that he is straight from village and indeed his story is great. He was educated in a village school. In 1946, Pranab Mukherjee was admitted to class 5th in Kirnahar Shib Chandra High School, Mirati as Poltu. As a young boy, Pranab used to swim across a river to go to school. He always came second in class, he never came first.

Every year, without any delay Pranab visits his home to keep alive the family traditions. He has done this for more than 30 years.

Family

Apart from the average 18 hours of work, he likes to read, garden and listens to Rabindra Sangeet. His favourite food is fish curry. He is married to Suvra and has two sons – Abhijit and Indrajit and a daughter – Sharmistha.

He was the sharpest mind in Manmohan Singh’s cabinet with deep understanding of politics, economic policies and strategic issues. He is also the consummate politician, seasoned politician – he played game on the ground and he has the potential to live up to his initials.

CAG NOTIFIED THE GROUP B STATUS - WHEN OUR TURN COME??

The Gazette of India : May 5, 2012 (Part II- Sec. 3(ii)) notified the classification of all posts in Pay Band 2 with Grade Pay of Rs. 4200 or corresponding thereof in Indian Audit and Accounts Department as Group B. AIPAEA is requesting the authorities concerned  for the last two years to implement the DOP&T and DOP orders granting the Group B status to the Senior Accountants working in the Postal Accounts. Without any further delay by correspondence, at least now PA wing should implement DOP Lr.No.4-4/2008-PCC Dated23-04-2009 and subsequent Corrigendum  issued by DOP vide PC Cell lr. of eve no . Dt. 04-05-2009.

           

Indian Postage Stamp catalogue from 1947 to 2011

CLICK HERE TO VIEW

Govt Plans to separate India Post's functions

The government is planning to separate the functions of policy making, regulations and operations of the over 150 year-old Department of Post (DoP).

Sources in Ministry of Communications and IT said Kapil Sibal has asked for setting up a body to oversee the unbundling of DoP's functions.
An independent body named Postal Development Board (PDB) will be responsible for the overall development and governance of the postal sector, they added. The PDB will also draw a road-map for unbundling of postal department functions.

"The idea is to develop Indian postal sector as a full-fledged market, bring in more service providers to enhance employment and contribution to nation's GDP," a senior ministry official said.

A recent review meeting of the entire sector, chaired by Sibal, found that in some European countries' the sector contributes between 0.6-0.9 per cent of their GDP.

However, the contribution of the estimated Rs 15,000-crore Indian Postal sector is much lower. Private players have been demanding unbundling of the department's functions for a level-playing field and growth of the sector.
At present, DoP -- which has around 5 lakh employees -- is the sole body responsible for policy making, regulations and providing postal service.
The over 100-year old Indian Post Office Act, which governs the sector, bars any individual or entity from delivering letter for commercial purpose.
The business of private courier companies is built around delivering documents, parcels and others items which do not fall under the category of 'letter'.

Sibal has asked DoP to create a framework to support small and medium postal operators and new models to encourage entrepreneurship in the sector.

The minister has also instructed DoP to constitute a Postal Advisory Board (PAB) which should have representation from government, industry players, academics and other stakeholders.

The role of PAB will be to provide inputs to PDB on policy matters. PDB will be set up under Secretary (Posts) and will include Secretaries of Department of Economic Affairs, Department of Electronics and Information Technology, Department of Commerce and two members from Postal Services Board.

Source : http://www.deccanchronicle.com

LAND MARK JUDGEMENT ON CHILD CARE LEAVE TO DEPRIVED WOMEN EMPLOYEES

CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH 

ORIGINAL APPLICATION NO.931-CH-2011

Chandigarh, this the 30th day of September, 2011

CORAM:           Hon'ble Mrs. Shyama Dogra, Member (J).                   Hon'ble Mrs. Promilla Issar, Member (A).

Mrs. Aarti Rani, wife of Shri Ashwani Kumar, aged 39 years, presently working as Postal Assistant in  Post Office Sector-15, Chandigarh (U.T.)-160015.

                        Applicant

Versus

1. Union of India through Secretary, Ministry Communication & Information Technology, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi-110016.

2. Senior Superintendent of Post Offices, Chandigarh Division, Sector-17, GPO Building, Chandigarh (UT)-160017.

 Respondents

Present:     Sh. D.R. Sharma, the counsel for the applicant.

Sh. Rohit Sharma, vice Sh. Deepak Agnihotri, the counsel for the respondents.

O R D E R(Oral)

By Hon'ble Mrs. Shyama Dogra, Member (J):-

1.         This is a second round of litigation by the applicant for quashing of impugned order Annexure A-1 dated 30.8.2011 whereby, her request to grant her child care leave has been rejected by the respondents.

2.         The claim of the applicant is that Govt. of India issued office memorandums dated 11.9.2008 and 07.9.2010. Under those memorandums, women employees having minor children are to be granted Child Care Leave (CCL for short) for a maximum of two years during their entire service period for taking care of up to two children till the age of 18 years for the purpose of their care and taking care of any of their needs like examinations, sickness etc.  It is submitted by the learned counsel for the applicant that the applicant has twins, who are pursuing their studies in 10+1, Non-Medical.  Since the husband of the applicant is posted at a far-away place in Amritsar, the applicant has to look after these two children, therefore, she had applied for child care leave, which has been denied by the respondents by passing a          non-speaking order.  Aggrieved by that order, the applicant had filed an O.A and her case was remanded to the respondents to re-examine the matter afresh and pass speaking orders.  Impugned order annexure A-1 is an outcome of those directions given by the Court.

3.         While challenging this impugned order, the main contention of the applicant is that since these office memorandum are for the purpose of giving some relief to eligible women employees to enable them to look after their children properly, therefore, the respondents should not have rejected her request for CCL, keeping in view the fact that earlier also she was granted this leave for three months when the applicant had to look after her children during their final examination.  It is not denied by the applicant that this special child care leave cannot be claimed as a matter of right, yet the fact remains that this leave is to be granted for a particular purpose as mentioned in these instructions, therefore, if the applicant is not granted this leave the whole purpose of this scheme formulated for the benefit of women employees will be defeated.  The learned counsel for the applicant submits that the applicant will not be able to take this leave after 2013 as her children will become major by that time and their exams would be over.  

4. The learned counsel for the applicant has also objected to the findings given by the competent authority with regard to shortage of staff in Chandigarh Postal Division on the ground that earlier also the applicant was posted to other post offices in Sector 36 and sector 44 which falsify the plea of the respondents that there is a shortage of staff as the applicant at present also is working in sector-15 Post office. She has categorically mentioned that out of the total strength of 486 permanent posts of postal assistants, 455 postal assistants are on the rolls, hence there is no shortage of staff and in case she is granted CCL, there is still a provision for appointment of an incumbent against a leave vacancy and the respondents can make necessary arrangements for such period for which the applicant has applied for CCL.

5.         The respondents have filed a written statement and have supported the impugned order on the ground that the applicant has not exhausted all the departmental remedies before coming to this Court, therefore, this O.A. is premature and liable to be dismissed as she can still file a representation to the higher authority against the impugned order Annexure A-1. The respondents have also categorically mentioned that grant of CCL cannot be asked for as a matter of right by the women employees and it can only be granted under special circumstances and she was also granted this leave during the final examination of her children and therefore, it cannot be said that the respondents are not considerate to women employees in the matter of grant of CCL.  The plea of the applicant for grant of this leave has been rejected by the competent authority in view of the instructions of DOPT dated 18.11.2008 (R/2) in the interest of smooth functioning of the office and keeping in view that if CCL is granted in routine, then the office work would suffer in various departments.  Since the applicant has not mentioned any valid reason for grant of this leave, therefore, there is no illegality in passing of the impugned order Annexure A-1, which is fully supported with reasons and the same is liable to be upheld.

6. The applicant has filed a rejoinder and reiterated the submissions as made in the O.A.

7. We have heard the learned counsel for the parties and carefully gone through the record. 

8. The instructions issued by the respondents on 11th September, 2008 and clarifications issued later on, clearly envisage that CCL cannot be demanded as a matter of right but the fact remains that this benefit has been given to the women employees to facilitate them so that they can devote adequate time to the care of their minor children upto the age of 18 years, which may be for the purpose of their up-bringing to look after any of their specific needs like examinations, sickness etc.  This leave can be granted for a maximum of 3 spells in a year. 

9. Therefore, once a particular scheme is introduced by the employer for the benefit of its employees, it should be implemented in a fair and rational manner and we are of the view that the respondents need not have completely rejected the request of the applicant for CCL as she needs this leave for the purpose of devoting some extra time to her minor children. Instead of completely rejecting her request, the respondents should have considered sympathetically her prayer for grant of CCL around the examination time. 

10. Therefore, in our considered opinion, the matter requires                          re-examination. Thus, the impugned order dated 30.8.2011     (Annexure A-1) is hereby quashed and set aside while giving directions to the respondent concerned to consider sympathetically the prayer of the applicant for grant of CCL in different spells  during and around the examination period of her children.  Needful be done within a period of two months from the date of receipt of a copy of this order.

11.  With these directions as above, this O.A. stands disposed of with no orders as to costs.

(PROMILLA ISSAR)                                                    (SHYAMA DOGRA)                                  

 MEMBER (A)                                                                                  MEMBER (J)

Place: Chandigarh.

Dated: 30.9.2011.

KR*

8

6

(O.A.931-CH-2011)

                                 

 Source : http://judis.nic.in/judis_cat/CaseNo_Cat_Result.aspx