Sunday, December 21, 2014

Supreme Court ruled against recovery of excess pay due to employers' mistake


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.

Source : Times of India

Saturday, December 20, 2014

Goapex-2014, District Level Philatelic Exhibition, Panaji 18th - 21st December 2014.

Goa Pex 2014, District Level Philatelic exhibition was held at the Maquinez Palace, ESG Complex, Campal, Panaji from 18th to 21st December 2014. The exhibition was inaugurated by Shri Surendra Furtado, Mayor of Panaji in presence of Shri Pundalik Naik, President of Goa Konkani Academy who was the guest of honour of the function and Shri Charles Lobo, Postmaster General, Goa Postal Region and Ms. Archana Gopinath, Senior Superintendent of Post Office, Goa Division.
Goa Pex-2014, District Level Philatelic Exhibition
On the inaugural day a Special Cover on the feast of Sao Joao was released jointly by the guests on dais. (Special Cover approval no. MH/38/2014)
Sao Joao is one of the famous Christian feasts in the state of Goa and is dedicated to St. John the Baptist which is celebrated on 24th June every year. This occasion marks the celebration by the local youth in the villages of Goa who jumps into wells to retrieve gifts thrown in by villagers. The festivals takes place at the beginning of Monsoon season in Goa and people of all ages jumping into wells, streams and ponds. Sao Joao festival also has a close connection to water and keeping the wells clean. The special cover features a family from Siolim donning the floral headgear of Sao Joao. ‘Copels’ worn during Sao Jao festival is a unique feature of Sao Jao festival in Goa, The cancellation reads the words "Viva Sao Joao".
Special Cover on the feast of Sao Joao
Special Cover on the feast of Sao Joao
On 19th December 2014 a Special Cover on Goan Tiatr (Also known as Konkani Theatre) was released. The cover was released by Shri Charles Lobo, Postmaster General, Goa Postal Region in presence of Shri Jacob Fernandes (Prince Jacob), a director, producer and actor of Konkani Theatre and a President of the Tiatr Academy of Goa who was the Chief Guest and Dr Andre Rafael Fernandes Associate Professor of Goa University who was the Guest of honour and Ms. Archana Gopinath, Senior Superintendent of Post Office, Goa Division. (Special Cover approval no. MH/36/2014)
The first Konkani Tiatr was staged in Mumbai in 1892 at the New Alfred Theatre. A young man called Lucazinho Ribeiro hailing from Sokolwaddo, Assagao in Bardez Taluka can be called the innovator of the Tiatr because he along with Joao Agostinho Fernandes and others staged the first Tiatr performance on the occasion of Easter on 17th April, 1892. The name of the first Tiatr presented was "Italian Bhurgo". This Tiatr was written and directed by Lucazinho Ribeiro hence he is the inventor of this unique dramatic form. Tiatr today revolves around social, religious and political themes. It is considered to be a mirror of Goan culture. The drama consists of 6 or 7 acts called pordhe. The acts are interspersed by songs which need not be directly linked to the content or the issues of the main drama. There are 2 or 3 songs between each of the acts.
Special Cover on Goan Tiatr
Special Cover on Goan Tiatr
On 20th December 2014 a Special Cover on Dekhni Dance of Goa was released in presence of Dr. Savia Viegas, Writer and Researcher from Goa and Shri P. K. Bisoi, Chief Postmaster General, Maharashtra and Goa Postal Circle, Shri Charles Lobo, Postmaster General, Goa Postal Region and and Ms. Archana Gopinath, Senior Superintendent of Post Office, Goa Division. Special Cover depicts the Dekhni dancers and the cancellation depicts two lamps generally carried by the Kolvantha (dancers), the oar of the boatman and the gunghru used by the dancers. Special Cover approval no. MH/37/2014)
Dekhni is a semi classical Goan dance form. It is also pronounced as Dekni or Dekni. Dekhni represents an attractive mixture of Indian melody and Western rhythm. It is mainly performed by Christian girls adorned in Indian attires. It is a song cum dance popular in Goa. Dekhni dance usually enacts the life of a Devdasi girl meaning servant of God whose job is to perform dance in temples and social ceremonies like weddings. One of the popular Dekhni songs is Hanv Saiba Poltodi Vetam by Carlos Eugenio Ferreira (1860-1926) first published in Paris in 1895 and then in Goa in 1926. The song was adapted by Raj Kapoor as Na mangoon sona chandi in his Hindi movie Bobby.
Special Cover on Dekhni Dance
Special Cover on Dekhni Dance
Shri P. K. Bisoi, Chief PMG Maharashtra Circle releasing special cover in presence of Dr. Savia Viegas. Charles Lobo PMG Goa Region and Ms Archana Gopinath SSP Goa also seen in picture 

PA /SA Examination 2014 result ...... West Bengal Circle

West Bengal Postal Circle has today (20 December 2014) published the list of candidates selected under Direct Recruitment of Postal Assistants (Post Offices/SBCO/Circle Office/ Regional Office/SBCO) and Sorting Assistants for the year 2013 & 2014. The Aptitude Test for West Bengal Circle was held on 25/05/2014 and Computer Test was held during October 2014.

To view the details, please CLICK  HERE. 


Holding of Bi-monthly / Four monthly meetings with administration...

It has been observed by CHQ that most of the circle branches are not taking keen interest in submission of agenda for Bi-monthly / Four Monthly meetings to Regional / Circle Administration and attending meetings. Therefore many individual members are directly approaching to CHQ for intervention of their grievances. 

CHQ appreciate the activities of few circles who are regularly attending the meetings and solving their problems, grievances at local/circle level only and publishing the minutes of such meetings on their circle blog. 

As per the instructions issued under No. 3-10/69-SR dated 23.2.1970 Service Association at circle level can take three items of discussion in Bi-monthly / Four Monthly meetings with Regional / Circle Administration. 

It has clearly mentioned in Directorate letter No. 3-17/72-SR dated 11/8/1972 that items for discussion in the agenda of the periodical meetings should be submitted within period of one month from the date of the last meeting. The explanatory note of items should be sent in sufficient detail in quadruplicate to the administration and two members can attend the meeting for which they will get special casual leave. 

It is therefore directed to all Circle Secretaries to submit their agenda to be enrolled for discussion in the Bi-monthly / Four Monthly meetings to RO/CO well in advance with explanatory note. 

Complaints of Sexual harassment of women at workplace show an increase

Press Information Bureau
Government of India
Ministry of Women and Child Development


19-December-2014 16:12 IST
Complaints of Sexual harassment of women at workplace show an increase

The number of complaints of sexual harassment of women at work place registered with National Commission for Women (NCW) during the last two years and current years shows an increasing trend. The no. of such complaints during the last three years and the current year is 170 in 2011, 167 in 2012, 249 in 2013 and 336 in 2014 upto (12/12/2014). 
Safety of women in the country is of utmost priority for the Government. The Government is endeavouring to put in place effective mechanisms to provide safe environment for women. The Criminal Law (Amendment), Act 2013 has been enacted for making the punishment more stringent for offences like rape. Provision for increased penalty for gang rape and causing serious injury to the victim resulting her to remain in a vegetative state have been made. New offences like acid attack, sexual harassment, voyeurism and stalking, disrobing a woman have been incorporated in the Indian Penal Code. Certain changes have also been introduced in the Code Of Criminal Procedure (Cr.PC) and the Indian Evidence Act, like the recording of statement of the victim of rape and sexual assault by a woman police officer and provisions to ensure that the victims ( below the age of eighteen) is not confronted by the accused at the time of trial.
The Ministry of Women And Child Development has enacted the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 which covers all women, irrespective of their age or employment status and protect them against sexual harassment at workplace both in public and private sector, whether organized or unorganized.
The Ministry recognizes that incidence of crime against women cannot be controlled unless mindsets of people, in general, are made to change. The Government including NCW regularly conducts awareness creation among men and women in the society through workshops, seminars, street plays, Nariki Chaupals, Beti Janmotshav at the district level. In collaboration with the Ministry of Panchayati Raj, Special (Mahila) Gram Sabhas have also been conducted. Further, advertisements in the press and electronic media educating people about issues of domestic violence, child sex ratio and child marriage etc also are being taken up. Platforms such as the International Women’s Day and the National Girl Child Day are used to create awareness on issues related to women and to bring to the centre stage issues such as sex selective abortions and child marriage. Through Sabla programme of this Ministry, adolescent girls in the age group of 11 to 18 years are imparted knowledge about their rights. Government has recently introduced the Beti Bachao, Beti Padhao scheme addressing the issue of declining child sex ratio and discriminatory social construct against women.
This information was given by the Union Minister of Women and Child Development, Smt. Maneka Sanjay Gandhi in reply to a starred question in the Lok Sabha today. 

Post Office Savings Bank ( POSB ) Account Opening Form

To view the new format of form, please CLICK HERE.

Friday, December 19, 2014

PA/ SA Examination 2014 result ....... Chhattisgarh Circle

To view, please CLICK HERE. 

Statistical data showing the Class-I Postal / RMS Divisions in the country

A)     STATISTICAL DATA OF POSTAL DIVISIONS IN THE COUNTRY

Sl. No.
Name of the circle
No. of divisions
Total
Class I
Class II
1
Andhra Pradesh
10
34
44
2
Assam
02
07
09
3
Bihar
04
18
22
4
Chhattisgarh
02
03
05
5
Delhi
06
00
06
6
Gujarat
11
15
26
7
Haryana
05
04
09
8
Himachal Pradesh
03
04
09
9
Jammu & Kashmir
02
04
06
10
Jharkhand
04
03
07
11
Karnataka
10
21
31
12
Kerala
08
16
24
13
Madhya Pradesh
08
12
20
14
Maharashtra
24
17
41
15
North East
06
01
07
16
Odisha
06
12
18
17
Punjab
07
06
13
18
Rajasthan
06
18
24
19
Tamil Nadu
18
24
42
20
Uttar Pradesh
19
25
44
21
Uttarakhand
02
05
07
22
West Bengal
13
15
28

Total
176
266
442

B) STATISTICAL DATA OF RMS DIVISIONS IN THE COUNTRY

Sl. No.
Name of the circle
No. of Class-I Divisions
1
Andhra Pradesh
1

2
Assam
Nil

3
Bihar
Nil

4
Chhattisgarh
Nil

5
Delhi
1

6
Gujarat
2

7
Haryana
Information awaited

8
Himachal Pradesh
Nil

9
Jammu & Kashmir
Nil

10
Jharkhand
Nil

11
Karnataka
Nil

12
Kerala
1

13
Madhya Pradesh
Information awaited

14
Maharashtra
1

15
North East
Nil

16
Odisha
1

17
Punjab
1

18
Rajasthan
1

19
Tamil Nadu
3

20
Uttar Pradesh
2

21
Uttarakhand
Nil

22
West Bengal
3


Total
17

               
Circle Secretaries of Haryana and UP circle will furnish information to GS immediately. 

As per the discussion had in the meeting held on 28/11/2014 at Directorate, GS has to submit a fresh proposal on merger of ASP cadre in to PS Gr. B cadre and cadre restructuring of Inspector Posts cadre to Directorate as early as possible, hence every circle secretaries, CHQ office bearers are requested to provide the requisite information as per appeals / SMS and emails issued by him.