The Central Working Committee (CWC) of this
Association met at Hotel Hampshire Plaza, Hyderabad on 21st and 22nd
November, 2021 as per notification No. CHQ/AIAIASP/CWC-2/2021
dated 25-10-2021.
Being the host Circle, Shri B Shrnivasu, Circle
Secretary, Telengana Circle extended a warm welcome to the CHQ Office Bearers
and Circle Secretaries. The meeting was started with the lighting of lamps by
President Shri Babu G, General Secretary Shri Pitabasa Jena, Treasurer Shri
J.K. Hingorani and Ex-GS(I/C) Shri Arup Seal.
All CHQ Office bearers including Circle
Secretaries except Circle Secretaries of Delhi, Gujrat, Jharkhand, NE and Uttarakhand
Circle actively participated in the CWC meeting. The quorum of the house was
confirmed by the President.
The
General Secretary on behalf of the Central Working Committee and on his own
behalf expressed wholehearted gratitude to Telengana Circle Branch of the
Association for making the arrangement for this CWC.
He hailed
the participation of all CHQ office bearers and Circle Secretaries in general and
Jammu & Kashmir Circle in particular and extended a wholehearted welcome
to the new members through the concerned Circle Secretaries who have joined the
Association after the last All India Conference (AIC). Thereafter, the CWC paid
homage to the departed souls with two minutes of silent prayer.
The
General Secretary resumed his speech and informed the house regarding the
issues taken up with Administration which include the amendment in Inspection
Questionnaire, replacement of Laptops of Sub-Divisional Heads, minimum
eligibility service of five years in the grade of Inspector Posts for
promotion to ASP to two years, for issuance of a standard
verification procedure for verification of Passbooks, strengthening of Sub
Divisional Offices by the provision of one post of Office Assistant and delegation
of financial powers etc and apprised the house on the present position of Cadre
Restructuring of Inspector Posts cadre and CAT case for Non-functional Grade
Pay of Rs.5,400/- in PB-2 in 6th CPC or the corresponding Pay Matrix
Level-9 in 7th CPC to Group ‘B’ Officers (ASPs and IPs) of
Department of Posts.
Deliberations on the following issues taken place as
per the agenda items of CWC Notification dated 25-10-2021 by the august house.
1.
Confirmation of the proceedings of the last
Central Working Committee Meeting.
The
General Secretary read out the minutes of the last Central Working
Committee Meeting and it was unanimously approved by the august body.
2. Organizational Review and verification of
membership through the check-off system.
Each Circle Secretary briefed the CWC about the organizational
activities in their Circle branches. General Secretary emphasized on
preparation and submission of a list of members and information in the prescribed
proforma (already provided) by each Circle Branch Association.
As per Department of Posts
(SR Section) No.T-13/1/2021-SR and Legal-DOP dated 30-06-2021 the departmental
facilities and Conferences at all levels in respect of recognized Service
Associations (as per 2015 verification) are extended up to 31.12.2021 or until
further orders, whichever is earlier. General Secretary asked the Circle
branches who are already on the extension to complete the Circle Conference within
the due time.
General Secretary also apprised the Central Working
Committee that membership verification through the check-off system is already due
and as notified by the Department it will be held online this time. It has been
kept on hold by the Department due to the COVID-19 pandemic situation and may be
held at any time on improvement of the situation and impressed upon the Circle
branches to remain in preparedness for the forthcoming membership verification
through checkoff system.
3. Financial review of CHQ, Membership Subscription
/ Payment of CHQ Quota
The General Secretary informed the house in
detail Circle-wise receipt of CHQ Quota and special donation for NFG case and
emphasized on remitting of the CHQ quota in full on a quarterly basis to CHQ as
required vide Article 39 of our Association’s Constitution. It was noticed that a few Circles are not remitting the due quota. The CWC advised the Circle
branches to review the recovery of subscriptions and take remedial measures
thereon for cent percent recovery of subscriptions.
The General Secretary also informed the house
about the detailed expenditure
made in between the AIC and the present CWC including the payment of fees to
the Advocates on CAT cases relating to vacancy calculation and NFG case. The
house approved the payment already made and the balance amount to be made in
this regard. It is decided to reimburse travelling allowance/expenditure limited to 3AC charges to CHQ office bearers and Circle Secretaries from CHQ.
4. Cadre Restructuring of Inspector Posts cadre: -
Cadre structure
needs to be reviewed periodically to harmonise the functional needs of the
organization and the career progression of the employees. Unfortunately,
Cadre Restructuring of Inspector Posts Cadre has not taken place since 1979 contrary
to the guideline of conducting the Cadre Restructuring after every five years. This Association had submitted the
proposal for cadre restructuring of Inspector Posts to the Directorate on 19th
September, 2017.
A Committee was reconstituted vide Postal
Directorate office order No.25-36/2017-PE-I dated 01-06-2018 in supersession of
the initial committee constituted vide order dated 04-04-2018 as follows: -
i)Shri Gautam Bhatacharya, CPMG,
Gujrat Circle - Member
ii)Ms. Manju Kumar, DDG (Per) –
Member
iii)Ms. Smriti Sharan, DDG (Estt)
-Member
iv)Shri Dusyanta Mudgal, DPS (HQ),
Rajasthan Circle – Member
v)Shri S.V. Rao, Director (Estt) –
Convener
The committee under the chairmanship
of Shri Gautam Bhattacharya, former Chief PMG, West Bengal Circle submitted its
recommendation on 15-02-2019 but no further advancement did take place on the
basis of the recommendation of the committee report. In order to move out it from
the state of inertia and based on the discussion
held on 16-03-2020 with the then Member (Personnel), Postal Services Board in
the presence of DDG(Establishment) and other CHQ Office bearers of this
Association, we submitted our agreement in principle vide this Association
letter No.CHQ/AIAIPASP/Corr-01-14/2020 dated 19th March, 2020 to the
proposal envisaged by the Department (Establishment Division).
Minutes of PSB containing approval
of Cadre Restructuring proposal of Inspector Posts Cadre was issued in the
month of December-2020 and the proposal was finally submitted by the Department
of Posts (DoP) to Department of Expenditure (DoE) during
April-2021.
DoE has made some queries during
August-2021 on the said Proposal, and it was
learnt that Postal Directorate is likely to submit the compliance to the
queries shortly.
As per the agenda, elaborate discussions took place and the entire house expressed its concern
over the slow processing of the proposal. The General Secretary opined that “staying
calm and acting consciously is the priority” on this issue.
It was concluded
that the CHQ will remain engaged with the Departmental Authorities for speedy
processing of the case and the
coming Central Working Committee or General Body will explore options including
seeking redressal from the court of law for the implementation of Cadre
Restructuring if the situation demands.
5.
Grant of Non-functional Grade Pay of
Rs.5,400/- in PB-2 in 6th CPC or the corresponding Pay Matrix
Level-9 in 7th CPC to those Group ‘B’ Officers (Inspector Posts and Assistant
Superintendent of Posts) of Department of Posts after 4 years regular
service in PB2+GP
of Rs.4,800/- in 6th CPC structure (Pay Level 8 in 7th
CPC structure).
As per the decision
taken in the Central Working Committee (CWC) Meeting dated 03-01-2021, the
Association has filed an OA in
Hon’ble CAT, Hyderabad Bench. It was understood that hearing is over and
judgement is reserved on the said OA. On this issue, the Central Working
Committee decided to wait till the final judgement of the Hon’ble CAT.
“The Central Working Committee
further resolved that Shri Pitabasa Jena, General Secretary of All India
Association of Inspectors and Assistant Superintendents, Posts is hereby
authorized to take all actions on behalf of the Association in the said regard
including but not limited to sign, verify and file Original
Applications/Petitions, Review Petitions/Applications, Writ Petitions,
Applications, Replies, Rejoinders, Affidavits, Counter Affidavits, Caveat
Petitions, Special Leave Petitions, Appeals, affirm pleadings, withdraw the
Petitions/Appeals/ Applications/O.As etc. and to engage Advocates and execute
Vakalatnaamas in their favour and further, to execute any other documents that
may be necessary in connection herewith and to take such other actions as may
be deemed appropriate to defend and prosecute all the actions in relation
thereto.”
6. Vacancy calculation for each
method (seniority and LDCE) for promotion to PS Group-B Cadre and PS Group-B
Recruitment Rule.
Recruitment Rules are rules notified under proviso to Article 309 or any
specific statutes for post(s) prescribing inter alia the method of recruitment
and eligibility for such recruitment. Recruitment Rules are subordinate
legislation and so, they are statutory in nature. The posts are to be filled up
as per the eligibility conditions prescribed in the Recruitment Rules in force
at the time of occurrence of vacancies.
In exercise of powers
conferred by the proviso to Article 309 of the Constitution, the RR of 1987 was
amended and such amended Recruitment Rules known as the Department of Posts,
Postal Service Group ‘B’ Recruitment (Amendment) Rules, 1993 came into force.
In terms of the said RR of 1993, the quota of posts to be filled by two promotional
avenues (i.e. seniority and departmental examination), has been re-fixed as
under:
(i)
75% of the total posts are to be filled by promotion from
amongst Inspector of Posts Offices (IPO)
and Inspector of Railway Mail Services (IRMS)
having 8 years of regular service in the prescribed pay scale;
(ii)
19% of the total posts are to be filled on the basis of
Limited Departmental Competitive Examination (LDCE) from amongst IPO
and IRMS having 5 years of
regular service in the prescribed pay scale; and
(iii)
6% of the total posts are to be filled on the basis of the same
LDCE from amongst clerical line officials having 5 years of regular service.
At present, the total number
of posts in PS Group ‘B’, is 866 and as per RR of 1993, the quota of posts to
be filled by seniority (75%) and LDCE (19%+6%) is as under:
Particulars [Total number
of posts in the cadre of PS Group ‘B’ is 866] |
Number of
posts as per Recruitment Rule |
Position as
revealed under RTI Act |
||
As on
01-01-2018 |
As on
01-01-2019 |
As on
01-01-2020 |
||
75% of the
total posts in the cadre of PS Group ‘B’ is to be filled by seniority (DPC)
from amongst IPO and IRMS line officials. |
649 |
576 (-73) |
552 (-97) |
531 (-118) |
19% of the
total posts in the cadre of PS Group ‘B’ is to be filled on the basis of
LDCE from amongst IPO and IRMS line officials. |
165 |
219 (+54) |
240 (+75) |
262 (+97) |
6% of the
total posts in the cadre of PS Group ‘B’ is to be filled on the basis LDCE
from amongst general/clerical line
officials. |
52 |
71 (+19) |
74 (+22) |
73 (+21) |
The above changes are due to the reliance of the Department on Department
of Personnel and Training (DoPT) OM bearing No.AB.14017/2/1997-Estt.(RR)/Pt.
dated 19-01-2007 (percentage of “vacancies”) and order dated 10.03.2015 passed by the Hon’ble
CAT, Hyderabad Bench in O.A. No.554/2013. OM dated 19.01.2007
issued by the Department of Personnel and Training (DoPT), dealing with the vacancy-based recruitment, has
no application in PS Group ‘B’ recruitment as the recruitment to the PS Group
‘B’ Service is post based and the same is being governed by the RR of 1993.
Moreover, the OM dated 19.01.2007 deals with recruitment by promotion and
direct recruitment both whereas the RR of 1993 provides for recruitment by way
of promotion only.
A. As decided in the last
CWC held on 03-01-2021 virtually the Association challenged applicability of DoPT OM in recruitment to the PS Group
‘B’ Service and the
vacancy calculation for different categories made by DoP in contravention of Department of Posts, Postal Service Group ‘B’
Recruitment (Amendment) Rules, 1993 in the Hon’ble Central Administrative
Tribunal (CAT), Principal Bench, New Delhi through OA No.1182/2021.
“The CWC discussed the present position
of the case and resolved
that Shri Pitabasa Jena, General Secretary of All India Association of
Inspectors and Assistant Superintendents, Posts is hereby authorized to take
all actions on behalf of the Association in the said regard including but not
limited to sign, verify and file Original Applications/Petitions, Review
Petitions/Applications, Writ Petitions, Applications, Replies, Rejoinders,
Affidavits, Counter Affidavits, Caveat Petitions, Special Leave Petitions,
Appeals, affirm pleadings, withdraw the Petitions/Appeals/ Applications/O.As
etc. and to engage Advocates and execute Vakalatnaamas in their favour and
further, to execute any other documents that may be necessary in connection
herewith and to take such other actions as may be deemed appropriate to defend
and prosecute all the actions in relation thereto.”
Shri Manish Shrivastav, ASP,
Directorate and Shri Manoj Salve, ASP, Maharastra Circle will coordinate in the
legal battle.
B. It is understood that the Department
is on the track of amending Postal Service Group ‘B’ Recruitment Rule basing on DoPT OM bearing
No.AB.14017/2/1997-Estt. (RR)/Pt. dated 19-01-2007. The
persons selected through Limited Departmental Examination are relatively
younger and, therefore, they will remain in PS Group ‘B’ posts for a long
period. Direct Recruit IPs will also be eligible for their promotion to PS
Group ‘B’ cadre in the next 2/3 years. They will also remain in PS Group ‘B’ posts
for a long period. As a result, the retirement vacancy will go on decreasing
day by day. It will tilt the balance and a time may come when the vacancy in a
year in PS Group ‘B’ Posts will be hardly 20 to 30, and ultimately the majority of
the IPs who have joined in IP Cadre after 2010 may retire without getting PS
Group “B” as per their turn. Nobody
wants to stay in the same position forever. Each and every individual joined in
Inspector Posts Cadre thinks about to be in PS Group ‘B’ cadre. Therefore, most
of the Circle Secretaries and CWC members expressed their concern on this issue
and opined firmly to scrap the LDCE in PS Group ‘B’ Examination to protect the
interest of the future generation citing the example of other Departments
having no such LDCE to overcome the ongoing unrest.
The General
Secretary suggested to the house that since it is a contentious issue, much
deliberation is required at the General Body of each Circle Branch of this
Association for arriving at the decision to suggest the Department for the scrapping of LDCE in the recruitment to the PS Group ‘B’ Service.
The
Central Working Committee unanimously decided that each Circle Branch may
conduct General Body Meeting before the next All India Conference (AIC) to
deliberate the issue and to come with a clear verdict for taking a final call
in the next AIC.
7. Regular Promotion to PS Group-B
Cadre
It is understood that
regular promotion to PS Group-B Cadre is held up now due to ‘stay’ in various
CAT cases and the Department is trying to vacate the ‘stay’.
8.
Strengthening/empowerment
of Sub-Divisional Offices
General Secretary
informed the house that for strengthening/empowerment of Sub-Division Offices
the Association has already taken up the issue with Administration at Postal
Directorate for provision of one PA and delegation of financial power. Some
Circle Secretaries also expressed their concern on the condition of the
accommodation provided for Sub-Divisional Offices.
9. Next All India Conference
As decided during the
AIC, Bhubaneswar, Tamil Nadu Circle will host the next All India
Conference and Assam Circle will remain as standby. Circle Secretary, Tamil
Nadu Circle will please confirm by 3rd week of December, 2021 in
detail such as proposed venue and timing. In case Tamil Nadu Circle is not in a
position to host, it will also intimate the same to CHQ by 3rd week
of December, 2021.
10.
Resolutions: -
The following resolutions are adopted unanimously
by the Central Working Committee: -
Resolution-1
“The Central Working Committee (CWC) met at Hyderabad
on 21st and 22nd November, 2021 as per the notification
No. CHQ/AIAIASP/CWC-2/2021 dated 25-10-
i.
The CWC deliberates
that IPs and ASPs are
incredibly stressed on the time front to accomplice the job in a time-bound manner.
Therefore, it is obvious that in a crowding environment there may be some
un-intentional lapses creep in while discharging a variety
of tasks at one time despite
all precaution and good intention.
ii. The CWC also noted with dismay that in
recent days IPs and ASPs have been victimized for these un-intentional minor
lapses disproportionately by way of imposition of penalty of heavy recoveries by
remotely connecting the lapses with a figment of the imagination and hypothetical
deduction.
iii. The CWC further believes that under
this highly insecure environment, the IPs and ASPs have only recourse to
adopt safety as a first policy which may lead to a dip in productivity of
business procurement.
Therefore, the Central Working
Committee unanimously resolved to request the Secretary, Department of Posts and the DG
(Posts) to consider the above facts and to direct the Circle Administrations for
implementation of the Public Accountants’ Default (PAD) Act for recovery
of the pecuniary loss to the Government caused by the principal offender for
better avoidance of the loss, and to take into consideration the extenuating circumstances
in which the IPs and ASPs are performing their duty before making them, subsidiary offender.”
Resolution-2
“The Central Working Committee (CWC) of this
Association met at Hyderabad on 21st and 22nd November,
2021 as per the notification No. CHQ/AIAIASP/CWC-2/2021 dated 25-10-2021, discussed Department
of Posts (SR Section) OM No.18-01/2017-SR dated 15th September,
2021. The CWC is of the opinion that It is outwardly a misinterpretation and the
decision of treating Service Association as a body, whether incorporated or not,
under Rule 15(1)(c) of CCS (Conduct) Rules, 1964 smacks of wanton overreach of
CCS (RSA) Rules, 1993.
Therefore,
the Central Working Committee unanimously resolved to request Secretary,
Department of Posts to withdraw impugned OM dated
15th September, 2021.”
Resolution-3
“The Central Working Committee (CWC) of this
Association met at Hyderabad on 21st and 22nd November,
2021 as per the notification No. CHQ/AIAIASP/CWC-2/2021 dated 25-10-2021 discussed the
deplorable condition of the accommodation being provided for Sub-Divisional
Offices. Postal
Sub-Division is a co-terminus with a Sub-Division under a District. Therefore, the Central Working
Committee unanimously
resolved to request Secretary, Department of Posts
to consider for improvement of the ambience of Sub-Divisional Offices.”
11.
Other Issues: -
Among the other issues,
the following issues were raised during the discussion:-
·
It was proposed by few
members to make ASP promotion to All India basis keeping
transfer policy in the interest of the individual to remove the disparity in
functional promotions to ASP Cadre and remove other anomalies. The Central
Committee is of the opinion that this issue be deliberated in general body meeting
of the Circle branches of this Association taking pros and cons into
consideration. Further deliberation may take place in the next AIC taking the
view of the Circles.
·
Many Circle Secretaries
expressed their concern on the flooding of FRMU verification alerts to
Sub-Divisional Heads.
·
Many Circle Secretaries
expressed their concern on the ever-increasing
pressure on Sub Divisional heads (SDH) to achieve the target for the opening of
IPPB Accounts and for a number of transactions in AEPS through end-users by hook
or by crook.
·
Some Circle Secretaries
suggested the reorganization of Sub-Divisions in the hilly areas keeping in view
the geographical location.
·
Few Circle Secretaries
expressed their concern for Inspector
Posts not being allowed to appear in the Limited Departmental Competitive Examination (LDCE) for promotion to AAO cadre
and requested CHQ to examine and consider taking up with Postal Directorate.
·
It was also suggested by
few Circle Secretaries for revised SIU norms for IPs and ASPs, reorganization
of Sub-Divisions, issuance of second inspection questionnaire by Postal
Directorate, issuance of visit questionnaire for Mail Overseers in the changed
scenario, integration of all software in DoP urgently, doing away with MO Paid
verification (already resolution was passed in AIC at Bhubaneswar and conveyed
to Postal Directorate) etc.
CHQ will examine the
suggestions and will consider taking them up with the Authorities making them line
up one by one.
The meeting was concluded with a vote of thanks by Shri J.K. Hingorani, Treasurer, CHQ.