NEWS from CHQ -
Abolition of Posts - Legal Position
As per the orders issued by the Government
of India in 2001 for abolishing posts as per screening committee
recommendations, only 2/3 direct
recruitment vacancies should be abolished. Promotional Posts should not be
abolished. Based on this order NFPE Kerala filed a case in CAT Ernakulam
against abolishing Postmen & Group ‘D’ posts, as these posts are promotional posts of GDS employees.
Department argued that promotion from GDS to Postman/MTS is direct recruitment
and not promotion. But CAT has not accepted Department arguments. CAT,
Ernakulam bench delivered a Judgement that promotion from GDS to Postman/MTS is
not direct recruitment but promotion. CAT Directed CPMG not to abolish Postman/MTS
posts and to fill up all the posts by
promoting GDS.
Department went on appeal to High
court Kerala. But High Court confirmed CAT order. Accordingly in Kerala circle
all the promotional posts of GDS were filled by promoting GDS. Based on the
same order now P4 CHQ and GDS (NFPE) have filed a case in Principal CAT and
obtained stay order from abolishing Postmen & MTS posts.
Some comrades are asking why
abolition of PA/SA posts cannot by stayed. Department is not abolishing the
promotional posts in the PA and SA cadre (LGOs vacancies). But they are
abolishing direct recruitment vacancies only.
Eranakulam CAT order is not
applicapable to Direct recruitment vacancies. It is applicable to promotional
vacancies only. In the PA/SA cadre there is no promotional vacancy for GDS in
the oustide quota (Direct Recruitment Quota). This is the legal position. There
is no chance for getting stay order for PA/SA direct recruitment post as it is
not promotional post. This is the legal advice received by us.
NFPE and CHQ has protested
against the abolition of Posts, but Department of posts is taking a stand that
eventhough they have tried best to get exemption from abolishing direct
recruitment posts, the Government of India has not granted any exemption and
hence the Direct recruitment vacancies recommended by screening committee up to
2008 have to be abolished. From 2009 onwards there is no abolition of posts and
all the vacancies can filled up as per the orders of the Department.
Regarding postmen and MTS abolition,
the abolition is stayed on Technical grounds stated above because the CAT
Ernakulam has clearly ruled that promotion from GDS to Postman & MTS is not
direct recruitment.
EDITORIAL - BHARTIYA POST, JUNE 2013
CADRE
RESTRUCTURING
“JUSTICE
DELAYED IS JUSTICE DENIED”
The sixth CPC in
para 1.2.13 of its report under the caption “Cadre Review” made the following
observations – “Accordingly, as a matter of policy, the commission refrained
from undertaking specific cadre reviews, that in any case need to be carried
out within an institutional frame work”. Govt. of India has accepted the above
recommendations of the Sixth CPC. Subsequently the Govt. has issued detailed
instructions to all Ministers and Departments to undertake the process of Cadre
Restructuring within their institutional frame work.
Accordingly,
Cadre restructuring committees are constituted in most of the departments with
the representatives of the staff-side. In Railways, the process is completed and
waiting for approval of the Ministry, in Income Tax the proposal is awaiting
Cabinet approval, in Central Secretariat orders in respect of certain cadres
already issued. In many other small departments also the process is nearing
completion.
In the Postal
department the cadre restructuring of Group-C, Postmen, Mail Guard and MTS is
long overdue. Department and Govt. implemented many cadre restructuring schemes
for Group- A and Group-B cadres. In
the Group-C, Postman, Mail Guard & MTS cadre, the supervisory
responsibilities are totally undermined after the introduction of TBOP and BCR
scheme. The then existing Supervisory structure in each cadre was not properly
nurtured and not improved to carry out the higher Supervisory responsibilities
in tune with the changing technology. The supervisory posts in certain cadres
are totally dismantled. There is absolute justification for restructuring the
entire cadres. But the attitude of the Postal Board is totally negative despite
several written assurances.
The Staff-side
comprising NFPE and FNPO raised the issue of cadre restructuring in the charter
of demands for the indefinite strike from 13.07.2010 In the marathon discussion
held on 12.07.2010, the Secretary, Posts assured as follows in the minutes – “A
committee comprising DDG (Estt.), DDG (P), and Director (SR) and three members
of the Staff side, to be nominated by them, will be constituted to examine
proposals in detail and submit recommendations. The entire process is to be
completed before the close of the year i.e., 31-12-2010”. Again during the
strike charter discussion on 01-07-2011, the Secretary, Posts gave the
following assurances in the minutes – “The demand of the staff-side regarding
cadre restructuring was discussed and the Chairperson agreed to reconstitute
the committee under the Chairmanship of DDG(P), the Committee will finalize the
proposals before 31-08-2011. Again on 12-01-2012 the Secretary, Posts assured
that – “the Staffside expressed their concern about undue delay in finalization
of the proposal on which the Chairperson desired finalization of this process
by 31st March, 2012. It was assured that timelines would be adhered
to”.
As regards
restructuring of Postal Accounts it was informed that the proposal was cleared
by JS & FA and stands referred to Secretary, Posts. It was also decided to have
a separate Committee for MMS staff under the Chairmanship of Ms. Sandhya Rani,
PMG(BD), Andhra Circle and with Director (MV) as other official members. The
staff side members are also included. The committee was directed to submit its
report within three months.
Assurances after
assurances are given by none other than Secretary, Posts but nothing
materialized. Finally as an insult to injury, the cadre restructuring proposal
of Postal Accounts which is already been finalized by the Committee is returned
to the PA wing of the Directorate after keeping the file pending for more than
one year, stating certain irrelevant issues which has no relevance on the cadre
restructuring proposal of Postal Accounts Staff. Similarly, in the status
Report on the items included in the memorandum submitted by the Postal JCA on
01-04-2013, it is informed as follows : “DDG(P), Chairman of the Committee
informed that he has submitted his report on 06-11-2012 to the DDG (ESTT.). He
has been requested to submit full report with enclosures duly signed by the
Committee Members….!!!!! Nothing is mentioned about the Postal Accounts wing.
Regarding MMS, it is informed that the report is submitted is under process.
All the cadres including PA, SA, Postman, Mail Guard, MTS, Admn. Staff, Postal
Accounts, MMS, System Administrators, accountants, Postmasters cadre, SBCO
etc., are all eagerly waiting for the outcome of the cadre restructuring.
Thus it can be
seen that the lethargic and indifferent attitude of the Official side members
of the Committee and the unhelpful attitude of the Postal Board is the root
cause of the delay.
