AIPEU JABALPUR : December 2014

Tuesday, December 30, 2014

PREPARE FOR INDEFINITE POSTAL STRIKE FROM 2015 MAY 6TH.

GRAMIN DAK SEVAKS DO NOT WANT SEPEREATE GDS COMMITTEE

SEPERATE COMMITTEE (WHETHER JUDICIAL OR BUREAUCRATIC)

IS A WASTE AND FARCE.

Ø 2.76 lakhsGDS do not want a separate GDS Committee.

Ø 2.76 lakhs GDS want inclusion of GDS in the 7th CPC.

Ø NFPE & AIPEU-GDS(NFPE) demanding inclusion of GDS in 7th CPC.

Ø FNPO & NUGDS demanding inclusion of GDS in 7th CPC.

Ø Confederation of Central Govt. Employees & Workers demanding inclusion of GDS in 7th CPC.

Ø JCM National Council (staff side) organisations including Railway & Defense Federations demanding inclusion of GDS in 7th CPC.

BUT RECOGNISED GDS UNION OF SHRI.MAHADEVAIAH IS DEMANDING SEPARTE COMMITTEE FOR GDS

* Hon’ble Supreme Court stated that GDS are Civil Servants and they are Central Govt. Employees.

* Justice Singhal, Chairman 4th PC stated GDS are Civil Servants and they are Central Govt. Employees.

* Justice Charanjit Jalwar stated that GDS are Civil Servants and they are Central Govt. Employees.

* Talwar Committee recommended to the Govt. that GDS should be included in Pay Commission and no separate committee should be appointed in future.

* Govt. appointed 7th Pay Commission for Central Govt. Employees.

* NFPE & AIPEU-GDS (NFPE) says GDS are part of Central Govt. Employees and they should be included in 7th CPC itself.

* Confederation of Central Govt. Employees & Workers says that GDS are part of Central Govt. Employees and they should be incuded in 7th CPC itself.

* JCM National Council (staff side) orgisastions including Railway & Defence Federations says GDS are part of Central Govt. Employees and they should be included in 7th CPC itself.

* BUT RECOGNISED GDS UNION OF SHRI. MAHADEVAIAH ACCEPTED THE GOVT. STAND THAT GDS ARE NOT PART OF CENTRAL GOVT. EMPLOYEES AND HENCE HE IS DEMANDING SEPERATE COMMITTEE FOR GDS. HE DON’T WANT GDS TO BE INCLUDED IN 7TH CPC. HIS MAIN DEMAND IN THE CHARTER OF DEMANDS IS SEPERATE COMMITTEE FOR GDS .

* NFPE & AIPEU-GDS (NFPE) declared joint indefinite strike under the banner of JCA from 2015 May 6th for inclusion of GDS in 7th CPC.

* FNPO & NUGDS also declared joint indefinite strike under the banner of JCA from 2015 May 6th for inclusion of GDS in 7th CPC.

& Confederation, Railways & Defence Federations organised joint National Convention of entire JCM staff side orgnisations and decided to organise massive Parliament March in April 2015 to declare indefinite strike of entire Central Govt. Employees. Inclusion of GDS in 7th CPC is included in the charter of demands as number one demand.

RECOGNISED GDS UNION OF SHRI MAHADEVAIAH DON’T WANT JOINT STRIKE OF GDS & REGULAR EMPLOYEES. HE ALWAYS DECLARES FRAGMENTED STRIKE TO TORPEDO THE UNITY OF GDS AND REGULR EMPLOYEES. HE IS DESPERATELY TRYING TO RETAIN HIS CONTROL OVER GDS. HE HAS WRITTEN TO THE GOVT. NOT TO ALLOW NFPE & FNPO TO DISCUSS GDS ISSUES. GOVT. ALSO WANTS TO DIVIDE GDS AND REGULAR EMPLOYEES SO THAT THEY CAN EASILY DENY THE LEGITIMATE DEMANDS OF THE GDS INCLUDING CIVIL SERVANT STATUS AND ALL BENEFITS OF REGULAR EMPLOYEES.

LET US ORGANISE JOINT INDEFINITE STRIKE OF FIVE LAKHS GDS & REGULAR EMPLOYEES FROM 2015 MAY 6TH UNDER THE BANNER OF POSTAL JOINT COUNCIL OF ACTION (NFPE, FNPO, AIPEU-GDS (NFPE) & NUGDS) DEMANDING INCLUSION OF GDS IN 7TH CPC & GRANT OF ALL BENEFITS OF REGULAR EMPLOYEES TO GDS ALSO.

RECOGNISED GDS UNION OF MAHADEVAIAH IS AGAINST FILING CASE IN SUPREME COURT for grant of Civil Servant status and all benefits of regular employees to GDS. NFPE & AIPEU-GDS (NFPE) has filed a Writ Petition in Supreme Court and after the preliminary hearing Supreme Court transferred the case to Delhi High Court. The next hearing of the case in Delhi High Court is on 4th February, 2015.

But Shri. Mahadevaiah had filed a case in the Karnataka High Court for his own benefit requesting to grant Foreign Service benefits to him. (Writ Petition No.24106/2005 (S.CAT).

When he has filed Writ Petition in High Court for his own benefit it is perfectly alright, but when NFPE & AIPEU-GDS (NFPE) filed case in Supreme Court for the benefit of 2.76 lakhs GDS he is ridiculing it and opposing it.

P.PANDURANGA RAO R.N.PARASHAR

General Secretry. Secretary General,

AIPEU-GDS(NFPE) NFPE.

(NB: Shri.Mahadevaiah has published in December 2014 a circular in his website in which again he has used filthy and unparliamentary language against the NFPE leadership. He has called the leadership of NFPE as “Cowards” “impotent” and “liars”. NFPE & AIPEU-GDS (NFPE) don’t want to stoop to the level of Shri. Mahadevaiah by replying him using such indecent and low-level third-rate language in our writeups).

RTP PRINCIPAL CAT CASE

NEXT DATE OF HEARING OF RTP PRINCIPAL CAT CASE is 15.03.2015

Minutes of the JCM, Departmental Council eeting held on 16/12/2014

CLICK HERE FOR DETAILS

SB Order No 13/2014 : Grant of Savings Bank allowance to Postal Assistants working in Savings Bank / Certificate Branches - Clarification - reg

JCM SUBJECT DISCUSSED ON 16.12.2014

64.

Eligibility of SB Allowance of SB qualified officials

The eligibility for appearing for the SB Aptitude test is reduced from 5 years to one year vide SB order No. 16/2011 dated 23.08.2011. The principal SB order No. 26/89 issued vide DG Posts letter No. 2-3/86-SB dated 27.04.1989, it is prescribed that the SB Allowance will be admissible only to those Postal Assistants who are selected to be posted in SB Branch having at least 5 years of service with good record and pass in the aptitude test/such other test as may be prescribed and the allowance will be paid for the period they actually work in the SB Branch.

Subsequently vide SB order No. 16/2011 issued vide Directorate letter No. 113-07/2010-SB dated 23.08.2011, the eligibility for appearing in the SB Aptitude test is reduced to one year and many young Postal Assistants are now qualified and they are denied for grant of SB Allowance s the principal SB order No. 26/89 requires a revision in consonance with the subsequent SB order No. 16/2011.

Hence it is requested to cause suitable clarification allowing the drawal of SB Allowance to the officials qualified irrespective of their service and render justice at the earliest.

Agreed. It is under process in consultation with IFW.

DDG

(Estates

& MM)

Wednesday, December 24, 2014

CAN’T RECOVER EXCESS SALARY PAID TO CLASS III, IV STAFF

SUPREME COURT

Press News by TOI

NEW DELHI: Recovery of excess amount paid to Class-III and Class-IV employees due to employer's mistake is not permissible in law, the Supreme Court has ruled saying that it would cause extremely harsh consequences to them who are totally dependent on their wages to run their family.

The apex court said employees of lower rung service spend their entire earning in the upkeep and welfare of their family, and if such excess payment is allowed to be recovered from them, it would cause them far more hardship, than the reciprocal gains to the employer.

A bench of JS Khehar and Arun Mishra also directed that an employer cannot recover excess amount in case of a retired employee or one who is to retire within one year and where recovery process is initiated five years after excess payment.

"We are therefore satisfied in concluding, that such recovery from employees belonging to the lower rungs (i.e., Class-III and Class-IV - sometimes denoted as Group 'C' and Group 'D') of service, should not be subjected to the ordeal of any recovery, even though they were beneficiaries of receiving higher emoluments, than were due to them. Such recovery would be iniquitous and arbitrary and therefore would also breach the mandate contained in Article 14 of the Constitution," Justice Khehar, who wrote the judgment said.

It said that the employer's right to recover has to compared, with the effect of the recovery on the concerned employee and if the effect of the recovery from the employee would be, more unfair, more wrongful, more improper, and more unwarranted, than the corresponding right of the employer, which would then make it iniquitous and arbitrary, to effect the recovery.

"In such a situation, the employee's right would outbalance, and therefore eclipse, the right of the employer to recover," the bench said.

The bench passed the order on a petition filed by Punjab government challenging Punjab and Haryana high court order restraining it to recover the excess amount paid by mistake to numerous employees over the years.

It said we may, as a ready reference, summarize the following few situations, wherein recoveries by the employers, would be impermissible in law:

(i) Recovery from employees belonging to Class-III and Class-IV service (or Group 'C' and Group 'D' service).

(ii) Recovery from retired employees, or employees who are due to retire within one year, of the order of recovery.

(iii) Recovery from employees, when the excess payment has been made for a period in excess of five years, before the order of recovery is issued.

(iv) Recovery in cases where an employee has wrongfully been required to discharge duties of a higher post, and has been paid accordingly, even though he should have rightfully been required to work against an inferior post.

(v) In any other case, where the Court arrives at the conclusion, that recovery if made from the employee, would be iniquitous or harsh or arbitrary to such an extent, as would far outweigh the equitable balance of the employer's right to recover.

The court said a government employee is primarily dependent on his wages, and such deduction from salary should not be allowed which would make it difficult for the employee to provide for the needs of his family and any recovery must be done within five years.

In this case, the employees were given monetary benefits in excess of their entitlement due to a mistake committed by a concerned competent authority, in determining the emoluments payable to them.

Monday, December 22, 2014

Min of Personnel, Public Grievances & Pensions

NO REDUCTION IN RETIREMENT AGE

There is no proposal under consideration of Government to reduce the retirement age from 60 to 58 years for its employees.

The retirement age for Central Government employees was revised from 58 to 60 years in 1997 on the basis of recommendations of the 5th Central Pay Commission.

The Centre’s total wages and salaries bill for its employees for the year 2010-11, 2011-12 and 2012-13 is Rs. 85,963.50 crore, Rs. 92,264.88 crore and Rs. 1,04,759.71 crore, respectively.

This was stated by the Minister of State for Personnel, Public Grievances & Pensions, Dr. Jitendra Singh in a written reply to Sardar Sukhdev Singh Dhindsa, Dr. T Subbarami Reddy and Smt. Ambika Soni in Rajya Sabha, today.

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KSD/PK/BK/RS
(ReleaseID:113622) 18.12.201ALTERATION OF DATE OF BIRTH OF A GOVERNMENT SERVANT - REITERATION OF THE INSTRUCTIONS. (Click the link below for details) http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/19017_1_2014-Estt.A-IV-16122014.pdf

Thursday, December 18, 2014

NATIONAL COUNCIL (STAFF SIDE) JCM WRITES TO CABINET SECRETARY

CLICK HERE

ALTERATION OF DATE OF BIRTH OF A GOVERNMENT SERVANT - REITERATION OF THE INSTRUCTIONS. (Click the link below for details)

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/19017_1_2014-Estt.A-IV-16122014.pdf

Wednesday, December 17, 2014

RAJYA SABHA QUESTION ON 7^th PAY COMMISSION

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

RAJYA SABHA

QUESTION NO 230

ANSWERED ON 25.11.2014

7th Pay Commission

230 SHRI SHANTARAM NAIK

Will the Minister of FINANCE be pleased to satate :-a) the details of meetings, the 7th Pay Commission has taken so far and the items/issues discussed till date;

b) the States, visited, by the Commission if any till date and the States which the Commission proposes to visit;

c) whether the Commission proposes to take the views of the State Governments as regards their pay-scales since invariably, most of the States adopt the Central Pay Commission reports;

d) whether Commission proposes to submit any interim report;

e) whether the Commission proposes to make any recommendations to bring in financial transparency; and
f) if so, the details thereof?

ANSWER

SHRI JAYANT SINHA
MINISTER OF STATE IN THE MINISTRY OF FINANCE

(a)&(b): The 7th Central Pay Commission is required to make its recommendations on its Terms of Reference. Also, the Commission is to devise its own procedure. The Commission’s Terms of Reference do not enjoin upon it to keep the Government updated on its functioning and the procedure being followed by it during the course of its deliberations.

(c ): The Terms of Reference of the Commission provide that the Commission will make its recommendations, keeping in view, inter alia, the likely impact of the recommendations on the finances of the State Governments, which usually adopt the recommendations with some modifications.

(d)to(f): The Commission is required to submit its report on its Terms of Reference. However, no Report, including any interim one, has so far been submitted by the Commission.

Hindi version:-

POSTAL JCA CIRCULAR

NFPE * FNPO * AIPEU-GDS (NFPE) * NUGDS

NATIONAL FEDERATION OF POSTAL EMPLOYEES

FEDERATION OF NATIONAL POSTAL ORGANIZATIONS

ALL INDIA POSTAL EMPLOYEES UNION GDS (NFPE)

NATIONAL UNION OF GRAMIN DAK SEWAKS (FNPO)

CENTRAL HEAD QUARTERS, NEW DELHI – 110001

No. PJCA/2014 Dated: 16.12.2014

CIRCULAR

All Office Bearers of both Federations,

All General Secretaries of both the Federations

All Circle / Divisional and Branch Secretaries

Comrades,

A meeting of Postal JCA consisting NFPE, FNPO, AIPE Union GDS (NFPE) and NUGDS was held at NFPE office, North Avenue, Post Office Building, New Delhi on 03.12.2014. All General Secretaries of NFPE, FNPO and GDS Unions attended the meeting. Com. M. Krishnan Ex. Secretary General NFPE and Secretary General Confederation was also present.

After detailed discussions the following decisions were taken:

1. Indefinite strike will be organized from 6^th May, 2015.

2. Intensive campaign programme will be launched by the JCA leaders.

3. JCA will be formed in all the circles. The following leaders of JCA are authorized for formation of Circle JCA and this work should be completed before 31^st Jan-2015:

Kerala	Shri D. Theagarajan, S/G FNPO Com. M. Krishnan Ex. S/G NFPE
Karnataka	Sri D. Kishan Rao G/S P-III (FNPO) Com. P. Suresh G/S R-4 (NFPE)
Andhra Pradesh	Shri G.M. Rabani Vice president (FNPO) Com. R. Seethalaxmi G/S P-4 (NFPE)
Tamilnadu	Shri N. Ramappa G/S R-4 (FNPO) Com. T. Satyanarayana G/S Postal Accounts(NFPE)
Odisha	Shri U. Murlidharan G/S NUGDS
	Com. P Pandurangarao G/S AIPEU GDS(NFPE)
Maharashtra	Shri D. Kishan Rao G/S P-III (FNPO) Com. Giri raj Singh G/S R-3 (NFPE)
Gujarat	Shri T N Rahate G/S P-4 (FNPO) Com, N. Subramanian G/S P-3 (NFPE)
M.P.	Shri T N Rahate G/S P-4 (FNPO) Com. R.N. Parashar S/G (NFPE)
Chhattisgarh	Shri D. Kishan Rao G/S P-III (FNPO) Com. R.N. Parashar S/G (NFPE)
Rajasthan	Shri O.P. Khanna G/S Admn. (FNPO) Com. Virendra Tiwari G/S SBCO (NFPE)
UP	Shri B.S. Singh (FNPO) Com. S.B. Yadav G/S R.O. Accounts (NFPE)
Punjab	Shri Jaipal Singh Vice President P-4 (FNPO) Com. Giriraj Singh G/S R-3 (NFPE)
Hayrana	Shi Jaipal Sin gh Vice President , P-4 (FNPO) Com. N. Subramanian G/S P-3 (NFPE)
H.P.	Shi Jaipal Singh Vice President , P-4 (FNPO) Com. K.K. Sharma Vice President ,(NFPE)
Bihar	Shri D. Kishan Rao G/S P-III (FNPO) Com. R. Seethalaxmi G/S P-4 (NFPE)
Jharkhand	Shri Deepak Mukherjee President R-III (FNPO) Com. R. Shiv Narayana President P-III (NFPE)
West Bengal	Shri D. Kishan Rao G/S P-III (FNPO) Com. ,. N. Subramanian G/S P-3 (NFPE)
Assam	Shri Deepak Mukherjee President R-4 (FNPO) Com. Pranab Bhattacharjee G/S Admn.(NFPE)
North East	Shri Deepak Mukherjee President R-4 (FNPO) Com. Pranab Bhattacharjee G/S Admn.(NFPE)
Uttarakhand	Shri R K Tyagi Dy/ G/S R-3 (FNPO) Com. R. Seethalaxmi G/S P-4 (NFPE)
Delhi	Com. RN. Parashar S/G NFPE Shri D. Theagarajan S/G (FNPO) and all General Secretaries.

4. JCA unanimously decided to oppose Task Force Committee recommendations.

5. State JCA leaders will authorize circle leaders of both Federations for formation of Divisional level JCA & this should be completed before 28^th Feb 2015.

6. State conventions and Divisional conventions should be held in the month of March-2015.

7. Circulars, Banners, Pamphlets describing the demands should be sent to all and these should be circulated in regional languages also.

Yours Comradely,

R. N. Parashar D. Theagarajan

Secretary General, NFPE Secretary General, FNPO

P. Pandurangarao P. U. Muraleedharan

General Secretary General Secretary

AIPEU-GDS (NFPE) NUGDS (FNPO)