Monday, November 29, 2021

Minutes of Central Working Committee (CWC) Meeting held at Hyderabad on 21st and 22nd November, 2021

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 25-10-2021. In this CWC meeting, each and every single member expressed their anguish over the trend of selective treatment to IPs and ASPs by imposing of a heavy penalty of recovery as a subsidiary offender, in the cases where the pecuniary loss has been caused by the Principal Offender and the same is not attributable to the concerned IP/ASP.

 

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.