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The amendments adopted in the last All India Conference held at Guntur have been approved and circulated by the Department of Posts vide its letter No. 15-1/2004-SR dt. 16.03.2009.
Accordingly, the Union subscription per member has been raised to Rs.30/- per month. The following will be the allocation.
All Divisional/Branch Secretaries are requested to appraise the fact and if need be produce the copy of the Directorate letter to the DDOs and ensure recovery of subscription @Rs.30/- from the salary payment to be made on 1.04.2009 for the month of March'09.
The remittance of Quota to higher bodies like Circle/All India Union from 01.04.2009 shall be at the revised rate of allocation.
According to Article 39(b) of the Constitution the Branch Unions who do not remit quota to the Circle Union or to the CHQ or to the NFPE for a period of three consecutive months shall be liable to be suspended.
All Branch/Divisional Secretaries should ensure prompt remittance of Quota to Circle/CHQ/Federation forthwith.The copy of the Directorate letter dt. 16.03.2009
The DOPT has clarified that the Government servant may give a revised option for pay fixation under FR 22 (a) (i) within one month vide its letter No. MOF/ DOE. No. F. No/1/1/2008 - IC. dt. 29.01.2009. This is a welcoming clarification. All those affected due to their increments either on TBOP/BCR in between Jan to June every year may also now revise options if applicable. Please consult your Account Section. All Divisional/Branch Secretaries may also assist the membership.
The Existing Provision - that basic pay plus Dearness pay is not less than Rs. 6900/- shall be substituted as follows: -
Department of Posts had earlier finalized a 17 Member Team for a Study Tour to German Post including 6 staff Side representatives from NFPE. The Team was reduced to 9 consequent on MOF restriction. The Department thereupon without consulting the Federation reduced the quota of NFPE to only 3 without even the Secretary General
NFPE in the study tour. FNPO was given 3 representation and ASPO/ASRM given 2 representation. After discussing in the Federal Secretariat, the General Secretaries of P- 3, P-4 and R-3 boycotted the Foreign Tour and gave a protest letter to the Department. NFPE also protested the unilateral decision of Department undermining the 5:2 ratio in favour of NFPE in Staff Side representation.
The DOPT has sought approval from the Election Commission for release of three 3 ACP orders. Reply from the Election Commission is awaited.
The Department is working out a proposal for effecting payment of adhoc quantum of arrears to GDS on the following method.
TRCA+DA as on 01.01.2006 X 20% X 38 months. Out of which 40% may be paid before 31.03.2009. The proposal should be approved by the nodal ministries.
GDS Committee proposals have cleared by JS & FA and the file has gone to Minister Communication before onward transmission to Ministry of Finance.
The JS & FA has cleared the file for granting minimum of Pay + Pay Band without the element of HRA to the substitutes. Orders will be released shortly.
The Ministry of Finance has cleared files to grant fixation benefits in the upgraded Group C Pay Scales to the non matriculate Group D's immediately and impart training further. Orders are expected soon.
One time filling up of HSG I vacancies on adhoc basis again among the HSG II officials - Proposal forwarded to DOPT and orders expected soon.
The induction training period for Direct/ Promotees will be reduced to 48 days instead of present 75. Orders will be issued soon. It will be applicable from the next batch training.
General Secretary is attending the Central Working Committee meeting of P4 Union to be held at Vishakapatnam from 29.03.09 to 31.03.09. He is attending the winding of Reception Committee meeting at Guntur on 05.04.09 in which, the Reception Committee is proposed to release the souvenir. Com. Somenath Mukherjee, Deputy General Secretary will officiate as General Secretary during the tour period from 23.03.09 to 05.04.09.
Consequent upon the Honourable Madras High Court orders, the Department of Posts has declared a fresh Re-verification of membership of Unions / Associations. The Declaration Forms to be submitted by members is also a new one in which the Director [SR] has signed on 17.04.2009 [Annexure - II].
CCS (RSA) Rules, 1993- Re- verification of membership for recognition of Service Association-Procedure regarding.
I am directed to refer to the Department's letter of even number dated 29th August, 2008 on the above- mentioned subject vide which instructions were issued to observe the interim stay granted by Hon'ble High Court of Judicature at Madras in WP No. 11490 of 2008 and MP No. 2 of 2008 filed by All India RMS/MMS Assistant Superintendent and Inspectors Association represented by its General Secretary, Shri M.Mohanarangam.
The Hon'ble High Court of Judicature at Madras in Writ Petition Nos. 4704 of 1999 filed by Bhartiya Postal Employees Union in the matter of re-verification of membership of service associations directed the Department of Posts as under:-
'We direct the respondents, in order to follow and maintain principles of natural Justice, to entrust the verification process towards recognition of the trade unions, to an independent officer in the rank of Divisional Superintendent and scrutinize the option/Authorization forms in the presence of one representative from each of the unions'.
With the issue of the aforesaid directions by the Hon'ble High Court, the interim order of stay granted in Writ Petition No. 11490of 2008 and MPNo. 2 of 2008, has become in-fructuous. In the wake of the above directions passed by the Hon'ble High Court, Madras, the process of re-verification of membership for recognition of service associations will now be started as follows:-
(i) (a) Every employee desiring to be a member of service Association will give a letter of authorization in writing, addressed to the DDO in the prescribed Proforma (Annexure-II) (bearing the signature of Director (SR & Legal) for deduction of subscription from his pay. The letter of authorization is to be sent through the applicant Service Association to which the membership is sought, so as to reach the Drawing and Disbursing Officer concerned on or before 15-05-09, who in turn will pass
on the authorization letters to the Divisional Head for scrutiny. Any authorization given through a non-applicant association will be ignored. The Associations will also submit to the Divisional Head a list of members in triplicate duly signed by the authorized office bearer on each page of list by 20.05.09 At this stage, the Divisional Head will scrutinize the letters of authorization in the presence of one representative from each of the Union. This job will be completed by 25.05.2009. After scrutiny, the Divisional Head will transfer the letters of authorizations alongwith list of members to the Drawing and Disbursing Officers.
On receipt of the above documents, Drawing & Disbursing Officers will return one list to the authorized office bearer duly acknowledging the receipt of lists in duplicate and also the authorization letters. Drawing & Disbursing Officers will display one copy of each set of lists on the notice board from 27.05.09. to 29.05.09.
In case an employee has given authorization in favour of more than one applicant Association, it will be treated as invalid and will not be counted for any Association.
An individual employee, whose name has been included in more than one Associations' List exhibited on the Notice Board, may, if he so desires, submit a representation, to the Divisional Head by 02.06.09. The employee concerned must specifically indicate in the representation with supporting material, if any, that he has given the authorization in favour of a specific Association (Name must be given) and the authorization in favour of the other Association (Name must be given) is fake one. The Divisional Head on his part will scrutinize the authorization given by the employee and in case he finds that the authorization was not genuine, he may delete his name from the concerned list under intimation to the concerned Association and allow it to be included in the list, the employee genuinely chooses. Trade union facilities of such authorized office bearer who signed the fake/ fabricated/non-genuine authorization would be withdrawn till the next verification process. however, if on scrutiny by ;the Divisional Head, both the authorizations are found to be authentic given by the employee both the authorizations would be treated as invalid and the employees concerned would not be allowed to become member of any Association till the next verification process. No representation received after 02.06.09. will be entertained.
Here it may be pertinent to mention for information of the member employees of various service associations that issuing authorization letter in favour of more than one service association is against the spirit of the general instructions on the subject and creates obstruction in the way of recognition of genuine and deserving associations. Therefore, the practive may be avoided under all circumstances.
Service Associations be grouped category/Designation- wise and filed securely in guard files by Drawing & Disbursing Officers. The Drawing & Disbursing Officer will note down the details of the authorizations in a register, the format of which is indicated in Annexure-III The serial number in Annexure III should also be marked on the authorization letter placed in the guard file, duly authenticated by Divisional Head.
(iii) (a) All the Drawing & Disbursing Officers will start making monthly recovery from the employees who authorize such recovery out of their pay, from the salary for the month of June, 2009 payable on 30.06.09.
Recovery of subscriptions being made in respect of Service Associations on the basis of old authorization will stop after May, 2009 salary (payable on 31.05.09) except for All India Association of Postal Supervisors (GL) as in their case, as per the directions of the Hon'ble High Court, Delhi in CWP No. 1827/97, status-quo is to be maintained till the case is heard.
Drawing & Disbursing Officer shall make recovery of monthly subscription from pay in favour of a particular Association every month.
An extract from the register in duplicate will be handed over to the Cashier for making necessary entries in the acquittance roll (ACG24) of the month concerned. A suitable column in the acquittance roll. Viz. 'Membership/ Subscription to Service Association' may be opened to record the deduction separately. The deduction made by the Cashier through acquittance roll will by 'Out of account' transactions of the Government account.
Drawing & Disbursing Officer after making the deductions will remit the amount of the Divisional Secretary of the concerned Association who, in turn, will remit this amount to the All India, Circle etc. as per the quota fixed in their respective constitutions. There is no objection if the membership subscription is remitted to the Circle/Central body of the Association for further distribution, provided such a provision is made in the constitution of the Association. The total deductions and total number of persons covered by the amount remitted should also be specified.
The amount collected by Sub/Branch Offices at the time of disbursement of Pay & Allowances to the staff employed in those office and kept out-of account shall be sent to the Head Post Office in the daily account duly entered on the back with the remarks 'List of out of account' attached. The amount should be put in a separate cover. (ix)
Divisional Head will ensure that work relating to verification and its compilation is completed by 12.06.09 and is reported to the Heads of Circles with details of the total number of persons belonging to each of the Service Associations in the Proforma as per Annexure-IV and one copy of Annexure-IV is displayed on the notice board on the same day.
total strength in respect of a particular category, total employees actually working and eligible for being included in that category may be taken into account. They should not report the total number of sanctioned posts. (xi)
The Heads of Circles will send the consolidated statement to SR Section, Department of Posts in the Proforma at Annexure-IV by 22.06.09 and display its one copy on Notice Board on the same day. The Circles will ensure that the information in respect of all Divisional Heads has been included in the statement. The concerned Service Associations will also be endorsed the statement referred to above.
4. Generally the Service Associations had a grievance that the Drawing & Disbursing Officers maintain a soft corner for the Association to which they belong (ed). Aggrieved with this, Bharatiya Postal Employees Union filed Writ Petition Nos. 4704 to 4707 of 1999 in the High Court of Judicature at Madras. Agreeing with the view point of the Petitioner Union, the Hon'ble High Court directed the Department of Posts to entrust the verification process to an independent officer in the rank of Divisional Superintendent who will scrutinize the option/ authorization form in the presence of one representative from each of the Union. The above directions of High Court, Madras are to be complied with scrupulously. The Heads of Circles will see to it that absolute transparency is observed in carrying out the reverification process and it is conducted in a free and fair manner. In case any irregularity is noticed on the part of any officials/officer, a serious view in the matter be taken and prompt action may be initiated by the competent Disciplinary/ Administrative Authorities. Further all Heads of Circles will nominate a senior officer of the Circle (of the level of JAG or above), who will be responsible for attending to complaints and settlement of disputes arising in carrying out the verifications process.
5. The terms 'Drawing & Disbursing Officer', as mentioned above, means only such authority in charge of the work of drawing pay and allowances for an employee.
6. In terms of instructions issued by Department of Personnel & Training vide O.M. No. 2/13/98-JCA dated 11.02.2002, the recognition of service associations granted as a sequel to this exercise shall be valid for a period of five years from the date of issue of order granting recognition.
Ensure Annexure -II with Director SR signature dated 17.04.2009 is photo copied for members to sign. 2.
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