Monday, August 30, 2010
Friday, August 27, 2010
Circulars issued by the Central Vigilance Commission
- improving vigiiance administration in the National E-Gov plan
- Guidelines for checking delay in grant of sanction for prosecution on CBI Reports
Thursday, August 26, 2010
Legislation for Whistleblowers
The Government is aware that many people are reluctant of becoming whistleblowers as they are susceptible to threats, harassment, victimization or even killed. The Government is ready with the Public Interest Disclosure and Protection to Persons Making the Disclosures Bill, 2010 for introduction in the Parliament. The Bill inter alia provides -
- For bringing within the scope of the Bill, public servants being the employees of the Central Government or the State Government or any corporation established by or under any Central Act or any State Act, Government Companies, Societies or local authorities owned or controlled by the Central Government or the State Government and such other categories of employees as may be notified by the Central Government or, as the case may be, the State Government, from time to time, in the Official Gazette;
- Adequate protection to the persons reporting corruption or willful misuse of power or willful misuse of discretion which causes demonstrable loss to the Government or commission of a criminal offence by a public servant;
- A regular mechanism to encourage such person to disclose the information on corruption or willful misuse of power or willful misuse of discretion by public servants or commission of a criminal offence;
- The procedure to inquire or cause to inquire into such disclosure and to provide adequate safeguards against victimization of the whistle-blower, that is the person making such disclosure;
- Safeguards against victimization of the person reporting matters regarding corruption by a public servant;
- Punishment for revealing the identity of a complainant, negligently or malafidely; and
- Punishment for false or frivolous complaints.
IT Modernization Project of Department of Posts – Phase-II
The Cabinet Committee on Economic Affairs today approved the IT Modernization Project – Phase-II proposal of the Department of Posts. The decision is to computerize all the Departmental and Grameen Dak Sevak (GDS) posts offices in the country. The approval has also been accorded for creation of IT infrastructure including establishment of Data Centre, Networking of the Departmental post offices, development of scalable, integrated and modular software for all the operations of the Department of Posts. The Project will be implemented over a three year period covering 2010-11, 2011-12 and 2012-13.
The total expenditure involved in this project will be Rs.1877.20 crore and it will cover all the Post Offices throughout the country in all the State and Union Territories. The Department of Posts will be floating tenders for procurement of hardware and development of software. Pilots will be held in rural and urban post offices. The final roll out will be completed by September 2012.
Handheld devices will be provided to all the Grameen Dak Sevak (GDS) Post Offices in the rural areas and necessary software application developed. Banking solution will be implemented for the Post Office Savings Bank (POSB) scheme. Software Integration solutions will be developed for mail operations enabling tracking solutions for all registered and Speed Post articles.
The Postal Life Insurance services will be available in all the Post Offices including rural pot offices in the country through computers and rural ICT devices. Comprehensive training will be given to staff in Customer relations, application, IT management and system training skills.
Background: The Post Office presently handles 654 crore pieces of mail annually. POSB has a corpus fund of Rs.5,63,000 crore. Significant trends like liberalization and globalization; urbanization, increased demand for financial services, increased funding by government for weaker sections and rural sector, make it imperative that India Post develop new processes and supporting technology.
Monday, August 23, 2010
Monday, August 16, 2010
12th All India Conference of Bharatiya Postal Employees Union Class-III, will be held from 02-10-2010 to 03-10-2010 in “SWAMINARAYANWADI” Patawadigate, Kodki Road, Bhuj 371 001 (Gujarat)
BP-III / AIC/12/10 Dated 14th Aug 2010
NOTICE
It is hereby notified that, as per provision in clause 19 read with clause 15(a), 16(a) and 17 of the Union Constitution, 12th All India Conference of Bharatiya Postal Employees Union Class-III, will be held from 02-10-2010 to 03-10-2010 in “SWAMINARAYANWADI” Patawadigate, Kodki Road, Bhuj 371 001 (Gujarat) to discuss the following items of agenda. Shri B. P. Yadav All India President will be in chair. The inaugural Session of the conference will commence at 10.00 hrs sharp on Sunday the 02nd Oct 2010.
AGENDA
Confirmation of the minutes of 11th AIC held at Shivprasad Bhakt Niwas, Mahadevi Road Shri Trimbakashiva Temple, Trimbak 422 212 Nashik (Maharashtra)
Adoption of General Secretaries report on activities of All India Union for the period from 01-04-2006 to 30-09-2010
Adoption of accounts of the All India Union for the period from 01-04-2006 to 30-09-2010.
Financial Review.
Organisational Review.
Review of publication of “Postal Bharati” and other means of publicity.
Review of agitational programmes
General problems of Postal staff of various cadres it’s remedial measures and resolutions thereof.
Aftermath effect of VIth CPC report on postal employees
Membership verification under CCS (RSA) Rules, 1993 and matters related thereof like limited Trade Union facilities, Recognition of Unions / Federations; including legal battle
Amendments to the Constitution.
Policy and programmes, Globalisation effect on Postal Services.
Election of CHQ office bearers Federal Councillors and appointment of Chartered Accountant.
Venue of the next All India Conference.
Any other items with the permission of the Chair.
SD/-
(M K Khamborkar)
General Secretary
BP-III /AIC / 12/10 Dated 14th Aug 2010
All CHQ Office Bearer and Circle / Regional / Divisional / Branch Secretaries
The Secretary General, BPEF, T-21, Atul Grove Road, New Delhi – 110 001
The Secretary General, BMS (CHQ) New Delhi – 110 055.
All General Secretaries of Union affiliated to BPEF
The Director General Posts, Dak Bhavan New Delhi – 110 001. He is requested to kindly cause to grant special casual leave as a gesture an special case to the office bearers of All India Union, Circle / Regional Secretaries and delegates representing various Divl. / Branch Union advising Chief Postmaster General accordingly
The Director (SR) SR Section Dak Bhavan, New Delhi 110 001
All the CPMGs/PMGs with similar action
The Secretary General GENC New Delhi
SD/-
(M K Khamborkar)
General Secretary
Sunday, August 15, 2010
Friday, August 13, 2010
No. 3601 11212010-Estt.(Res.)
Government of India
Ministry of Personnel. Public Grievances and Pensions
Department of Personnel & Training
***
New Delhi, dated: the 10" August. 20 10
OFFICE MEMORANDUM
Subject:- Appointment of candidates belonging to Halba Koshti IHalbi
KoshtiKoshti caste against vacancies reserved for the Scheduled Tribes - Implementation of judgement of the Supreme Court in the case of State of Maharashtra Vs. Milind and Ors. ***
The undersigned is directed to refer to this Department's OM No.4201 1/22/2006-Estt.(Res.) dated 291h March, 2007 wherein it was stated that admissions and appointments of candidates belonging to the Halba KoshtiIKoshti caste who were party in the Civil Appeal No.2294 of 1986 [State of Maharashtra V/s Miiind & Ors] and other similar cases in which the Court had given specific relief shall not be disturbed and that the cases other than those protected by the specific order of the Supreme Court shall be dealt with in accordance with the instructions contahed in this Department's OM No. 1 10 12/7/91 -Estt.A dated 19.5.1993.
2. The matter regarding the effect of the judgment of the Supreme Court in Milind's case has been considered by the Supreme Court in Civil Appeal No. 1547 of 2007 [Punjab National Bank & Anr Vs. Vilas, S/o Govindrao Bokade] and some other cases. The Supreme Court in these cases has observed that it had held in Milind's case that though the status of Scheduled Tribe could not be conferred on candidates belonging to Halba Koshtil Koshti caste, protection had been provided in no uncertain terms to admissions and appointments that had become final. Thus the Supreme Court has held that such candidates belonging to Halba Kosht~IKoshti caste whose appointment had become final on or before 28.1 1.2000, the date on
which the Supreme Court had decided the Civil Appeal No.229411986 [State of Maharashtra Vls Milind & Ors], shall not be affected.
3. The matter has been examined in consultation with the Department of Legal Affairs and it has been decided that the persons belonging to the 'Halba Kosht~l Koshti' caste who got appointment against vacancies reserved for the Scheduled Tribes on the basis of Scheduled Tribe certificates, issued to them by
the competent authority. under the Constitution (Scheduled Tribes) Order, 1950 (as amended from time to time ) relating to the State of Maharashtra and whose appointments had become final on or before 28.1 1.2000. shall not be affected.However, they shall not get any benefit of reservation after 28.1 1.2000,
4. Contents of this OM may be brought to the notice of all concerned
Director
Tel: 23092158
No.3601214512005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.
Dated the 10"' August. 201 0.
OFFICE MEMORANDUM
Subject: Resewation in promotion - Treatment of SCIST candidates promoted on their own merit. --------
The undersigned is directed to refer to this Department'sO.M.No.36028117i2001-Est(tR.e s.) dated I lLhJ uly: 2002 which clarified that SCI ST candidates appointed by promotion on their own merit and not owing to reservation or relaxation of qualifications will be adjusted against un-reserved points of the reservation roster and not against reserved points.It was subsequently clarified by this Department's O.M. .3602811712001-Estt. (Res.) dated 31.1.2005 that the above referred O.M. took effect from 11.7.2002 and that concept of own merit did not apply to the promotions made by non-selection method.
2. Central Administration Tribunal, Madras Bench in O.A. No.90012005[S. Kalugasalamoorthy vls. Union of India & Others] has set aside the O.M.No.36028~1712001-Estt. (Kes.) dated 31.1.2005 and held that when a person is selected on the basis of his own seniority. the scope of considering and counting him against quota reserved for SCs does not arise. The High Court of judicature at Madras in the matter of UOI vls.S. Kalugasalamoorthy [ WP No.1592612007 ] has upheld the decision of the Central Administrative Tribunal.
3. The matter has been examined in the light of the above referred judgments and it has been decided to withdraw O.M. No. 36028/17/2001-Estt. (Res.) dated 31.1.2005 referred to above. It is clarified that SC/ST candidates appointed by promotion on their own merit and seniority and not owing to reservation or relaxation of qualifications will be adjusted against unreserved ~ o i n t so f reservation roster. irresnective of the fact whether the promotion is made by selection method or non-sele.c t~onm ethod These ) C % orders will take effect from 2.7.1997. the date on which post based reservation was introduced.
Wednesday, August 11, 2010
Grant of Fixed Medical Allowance
Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS increased from RS 100/- to Rs 300/- w.e.f.01/09/2008
Download Now
Tuesday, August 10, 2010
Monday, August 9, 2010
Govt. Ministries/Departments/Offices.
No.35011/03/2008-Estt (D)
Government of India
Ministry of Public Grievances and Pensions
(Department of Personnel & Training)
Establishment (D)
Sub: Extension of Modified Assured Career Progression Scheme to the Staff Car Drivers of Central Government.
The undersigned is directed to refer to this Department's O.M. No.35034/3/2008-Estt(D) the 19th May,2009 regarding introduction of Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees and to say that para 13 of Annexure-I of the Scheme provides that Existing time bound promotion scheme including in-situ promotion scheme. Staff Car Driver Scheme or any other kind of promotion scheme existing for a particular category of employees in a Ministry/Department or its offices, may continue to be operational for the concerned category of employees if it is decided by the concerned administrative authorities to retain such Scheme, after necessary consultations or they may switch over to the MACPS. However, these Schemes shall not run concurrently with the MACPS.
2. In pursuance of the decision taken in the meeting of the Departmental Council (JCM) of Department of Personnel & Training held on 08.05.2010 in respect Agenda Item No.57.31, it has been decided in consultation with the Department of Expenditure, the benefit of the MACPS shall also be extended to the regular Staff Car Drivers of the Central Government Ministries/Departments/Offices, as a fall back option, if they are unable to get promotion within the percentage based present system.
3 Para 13 of the Annexure-I of the MACPS accordingly stands modified to this effect. In other words, the Staff Car Driver Scheme and the MACPS shall run concurrently.
4. All Ministries/Departments may give wide circulation to this decision for general guidance and appropriate action in the matter.
5. Hindi version will follow.
Sd/-
(Smita Kumar)
Director(Estt.I)
Disbursement of salary /wages to the Central Government Employees in the State of Kerala for the month of August, 2010 on account of ONAM festival.
No3 (2)/TA/2010/256
Ministry of Finance
Department of Expenditure
Controller General of Accounts
Lok Nayak Bhawan
Khan Market, New Delhi
Dated.05.08.2010
MEMORANDUM
Subject: Disbursement of salary /wages to the Central Government Employees in the State of Kerala for the month of August, 2010 on account of ONAM festival.
In view of the "ONAM" festival the Government have decided that the salary of all Central Government Employees in the State of Kerala for the month of August, 2010 may be drawn and disbursed in the Central Government Offices (including Defence, Posts &Telecommunications) on 20th August, 2010.
2. The wages for August, 2010 of the individual employees of Central Government serving in the State of Kerala may also be disbursed in advance on 20th August, 2010.
3. The salary /wages so disbursed are to be treated as advance payment and will be subject to adjustment after the full months salary/wages of each employee is determined. The adjustment, if any, will be made without exception from the salary /wages as the case may be from the month of September, 2010.
4. The concerned Ministry/Departments are requested to bring these instructions to the notice of their offices located in the State of Kerala for necessary action immediately.
SD/-
(Vibha Pandey)
Jt. Controller General of Accounts
NO. 6- 23/2010-PE-II
Government of India
Ministry of communication & IT
Department of Posts (Establishment Division)
Dak Bhawan Parliement Street
New Delhi-110001 Dated 21-07-2010
All Chief Postmasters General
All Postmasters General
Sub:- Implementation of recommendations of One-man Committee on Gramin Dak Sevak Mailmen.
Sir/Madam
I am directed to intimate that One-man Committee constituted under Shri. R.S. Nataraja Murti Chairman examined the issue of deployment of Gramin Dak sevak Mailmen posted in Mail Offices by conducting a study and submitted its recommendation in para 5.22 of the Report.
2 The recommendations of One-man Committee on GDS Mailmen have examined by the department and after a careful consideration, the Competent Authority ordered the following.
Conducting of a work study by Internal Work Study Unit (IWSU) for laying down the standard for various operations/ work done by Mailmen in Mail Offices/Transit Mail Offices/Mail Agency.
The existing vacancies of GDS Mailmen and future resultant vacancies of GDS Mailmen failing vacant either due to discharge/ absorption in Department shall not be filled up in future.
The category of GDS Mailmen be considered as a wasting group.
The present GDS Mailmen engaged in Mail offices on regular basis shall continue till they vacate the post either due to discharge/absorption in department or death.
3. The instruction may be brought to the notice of all concerned. The compliance may sent in the prescribed enclosed proforma .
4. Receipt of this letter may be acknowledged to Assistant Director General(Establishment)
5. This with the approval of Secretary (posts)
DA: As above
Yours Faithfully
SD/-
( A.K.Sharma)
Deputy Director General (Esst)
Friday, August 6, 2010
Regulation of journeys by private airlines while availing Leave Travel Concession to Jammu & Kashmir
(Revaluation of answer papers-Judgement pronounced by Hon'ble Supreme Court in the Civil Appeal No (s) 897 of 2006 and 907 of 2006 between Himachal Pradesh Public Service Commission)
Thursday, August 5, 2010
ANOTHER GREAT VICTORY FOR BPEU CLASS-III
Govt reversed it’s stand on compassionate appointment filed in an additional affidavit on the line of solution put forth by BPEU Class-III for last 8 years as “one time measure”. Compassionate Appointment as one time measure in residual vacancies; theses stand is granted justice to 200 + R R candidates in Tamil Nadu Circle. BPEU Class-III now pursing the matters for implementation of these policy in other Circle also. Great Victory for Peaceful Agitation. Some text of judgment is appended herewith.
ITEM NO.53(PH) COURT NO.9 SECTION XII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CIVIL APPEAL NO(s). 7773 OF 2009
Civil Appeal NO. 7779 of 2009
(With appln.(s) for C/delay in filing SLP)
Civil Appeal NO. 5131 of 2005
Date: 30/07/2010 These Appeals were called on for hearing today.UPON being mentioned, the Court made the following
O R D E R
Civil Appeal No.5131 of 2005 arising out of SLP(C) No.19587 of 2003 is delinked from other matters.
The remaining appeals are disposed of in terms of the signed order.
(Sukhbir Paul Kaur) (J.P. Sharma)
Court Master Court Master
(Signed Order is placed on the file)
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7773 OF 2009
UNION OF INDIA & ANR. ...APPELLANTS
VERSUS
M. NALLAVAN ...RESONDENT
WITH
O R D E R
We have heard learned counsel for the parties.During the course of hearing of this batch of appeals, the appellants represented by the Director (Staff), Ministry of Communication & I.T., Department of Posts filed an additional affidavit which may put an end to the controversy between the parties. In fact, the said additional affidavit has been filed pursuant to certain observations made by this Court while hearing the appeals.
It is evident from the affidavit that the entire matter was reconsidered by the Department and upon such reexamination based on humanitarian considerations, found that out of 204 respondents in all 202 respondents working in the Department against short term/leave vacancies can be accommodated against compassionate appointment vacancies for the years 2000-01 to 2009 as per the departmental guidelines. However, in the case of Postal Assistants (PA)and Sorting Assistants (SA) cadre, according to the Ministry, the number of vacancies is not enough to accommodate all of them in the cadre. It is stated that the number of vacancies earmarked for this period is only 113 whereas the number of respondents claiming the relief is 152. However, it is stated that as a one time measure, the Department is willing to accommodate them against residual vacancies of the Department. The statement made in the affidavit is made part of the record directing the respondents to act upon the same.
In the circumstances, the appellants are directed to regularize the services of all the 202 respondents who are working in the Department against short term/leave vacancies with effect from their date of appointment.
However, the respondents shall not be entitled for payment of any arrears on account of such regularization. But their pay and pensionary benefits are protected.
In view of this order, it is made clear that the findings recorded by the Tribunal and as well as the High Court with regard to the interpretation of office memorandums and circulars of the Department are set aside and those findings and observations shall not be treated as precedent for the purpose of any other case or cases that may be pending.
The questions of law, if any, are left open.
The appeals are accordingly disposed of without any order as to costs. The interlocutory applications are accordingly allowed.
........................................................J.
(B.SUDERSHAN REDDY)
..........................................................J.
(SURINDER SINGH NIJJAR)
Tuesday, August 3, 2010
F.No. 7/19/2010-E.III (A)
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 2nd August, 2010
OFFICE MEMORANDUM
Subject: Clarifications regarding pay fixation of existing Group ‘D’ Employees in the revised pay structure.
Reference is invited to this Department’s Office Memorandum No. 1/1/2008-IC dated 24th December, 2008 wherein clarifications were provided regarding various aspects of placement of the existing Group ‘D’ employees in the revised pay structure.
2. As per the clarification at Sl. No. 1, those Group ‘D’ employees who did not possess the minimum qualification and who have retired/ died in harness between 1.1.2006 and date of notification of Revised Pay Rules will be granted pay band -1S and the grade pay corresponding to their pre-revised pay scale as notified in CCS (RP) Rules, 2008.
3. The aforesaid issue was raised in the 46th Ordinary Meeting of the National Council (JCM) held on 15th May, 2010 and the Staff Side had requested that the cases relating to the non-matriculate class IV employees who retired or died between January 2006 and August 2008 without any re-training be re-considered and such employees should be granted the benefit by re-fixing their pension/ family pension at par with those employees who were retrained and whose pay was fixed in PB-1 with a grade pay of Rs.1800/-.
4. The request of Staff Side on the subject has been considered and it has been decided that the Group ‘D’ non-matriculate employees who died in harness or have retired between 1.1.2006 and the date of notification of CCS (Revised Pay) Rules, 2008 from those Ministries/Departments which have since re-trained all the eligible serving non-matriculate Group ‘D’ employees and have placed them in PB-1 with grade pay of Rs.1800, would be placed in with grade pay of Rs.1800 with effect from the same date that the retrained eligible employees were placed in this pay band and grade pay.
(Renu Jain)
Deputy Secretary to the Govt. of India.
ONE OF THE DUTIFUL AND FIGHTER TREASURER OF MAHARISHTRA CIRCLE UNION RETIRED FROM SERVICE
SHRI N. B. KHEDASKAR ADPO MUMBAI GPO ONE OF THE DUTIFUL AND FIGHTER TREASURER OF OUR CIRCLE UNION RETIRED ... Mumbai GPO Branch Union honour his loyality and dutifulness...
(SOME PHOTOGRAPHS WHILE WISHING BY MUMBAI GPO BRANCH and SC ST UNION OF MAHARASHTRA CIRCLE )
Sunday, August 1, 2010
RECOMMENDATIONS OF THE EXPERT COMMITTEE ON HARNESSING THE INDIA POST NETWORK FOR FINANCIAL INCLUSION
Recommendation 1: India Post should deliver lightweight, lowcost bank accounts to all Indian citizens and especially to the financially excluded population.
Recommendation 2: India Post should look for ways to leverage its low cost platform by providing India Post branded accounts to other strategic partners, such as MFIs, mutual fund and insurance companies, and telecom operators.
Recommendation 3: India Post should apply itself towards the challenge of achieving high volumes of moneyorders where payments of as little as Rs.10 are achieved at a charge of less than Rs.0.1 while requiring no subsidy from the exchequer.
Recommendation 4: India Post should evolve the moneyorder to become a mechanism for transferring money from one POSB account to another, instead of just being a mechanism for delivering cash from one person to another.
Recommendation 5: India Post must build a payments infrastructure, through an array of contracts with partners, connecting up all POSB accounts and accounts of its partners, to effectively become a persontoperson moneyorder capability (through mobile phones or web browsers) for a large swathe of India.
Recommendation 6: India Post must elicit a large number of partners in terms of financial inclusion players, mobile service providers and innovative new technological choices in order to increase the size of the network.
Recommendation 7: India Post must work closely with a diverse array of government agencies so that their G2P payments requirements are met through a combination of POSB accounts held by citizens and moneyorders delivered by government to those POSB accounts. The Ministry of Finance must work with India Post in rapidly rolling out this platform and network, given its important implications for direct, targeted delivery of government subsidies.
Recommendation 8: India Post should play a role in the emergency credit aspect of financial inclusion, through a platformbuilding approach where private lenders deliver credit to the poor through a competitive framework.
Recommendation 9: India Post should request the addition of its financial inclusionproject into the Terms of Reference of the recently announced Technology Advisory Group for Unique Projects, and the leadership team of the India Post financial inclusion project should closely engage in the work of this Group, so as to bring in the best practices forproject management.
Recommendation 10: The role of the Post Office Savings Bank as an agent of theMinistry of Finance should be revisited and expanded to enable India Post to play a larger, direct role in financial inclusion and build appropriate enabling architecture.
Recommendation 2: India Post should look for ways to leverage its low cost platform by providing India Post branded accounts to other strategic partners, such as MFIs, mutual fund and insurance companies, and telecom operators.
Recommendation 3: India Post should apply itself towards the challenge of achieving high volumes of moneyorders where payments of as little as Rs.10 are achieved at a charge of less than Rs.0.1 while requiring no subsidy from the exchequer.
Recommendation 4: India Post should evolve the moneyorder to become a mechanism for transferring money from one POSB account to another, instead of just being a mechanism for delivering cash from one person to another.
Recommendation 5: India Post must build a payments infrastructure, through an array of contracts with partners, connecting up all POSB accounts and accounts of its partners, to effectively become a persontoperson moneyorder capability (through mobile phones or web browsers) for a large swathe of India.
Recommendation 6: India Post must elicit a large number of partners in terms of financial inclusion players, mobile service providers and innovative new technological choices in order to increase the size of the network.
Recommendation 7: India Post must work closely with a diverse array of government agencies so that their G2P payments requirements are met through a combination of POSB accounts held by citizens and moneyorders delivered by government to those POSB accounts. The Ministry of Finance must work with India Post in rapidly rolling out this platform and network, given its important implications for direct, targeted delivery of government subsidies.
Recommendation 8: India Post should play a role in the emergency credit aspect of financial inclusion, through a platformbuilding approach where private lenders deliver credit to the poor through a competitive framework.
Recommendation 9: India Post should request the addition of its financial inclusionproject into the Terms of Reference of the recently announced Technology Advisory Group for Unique Projects, and the leadership team of the India Post financial inclusion project should closely engage in the work of this Group, so as to bring in the best practices forproject management.
Recommendation 10: The role of the Post Office Savings Bank as an agent of theMinistry of Finance should be revisited and expanded to enable India Post to play a larger, direct role in financial inclusion and build appropriate enabling architecture.
COUNTING OF APS SERVICE FOR TBOP/BCR
The Department has issued orders to count past adhoc services in APS as regular service for TBOP/BCR promotion.
(Copy of Letter No 93-25/2003-SPB-II dated 21.07.2010 of Department of Posts)
Sub: - Counting of ad-hoc services rendered in Army Postal Service (APS) for the purpose of grant of financial upgradation under Time Bound One Promotion (TBOP) Scheme – Reg.
I am directed to refer to the references received regarding the issue of counting of ad-hoc services rendered in Army Postal Service (APS) for the purpose of grant of financial upgradation under Time Bound One Promotion (TBOP) Scheme introduced by the Department.
2. It is observed that the issue under reference was considered by the Hon’ble Supreme Court in C.A No. 5739 of 2005 in the case of UOI Vs Shri Mathivanan. The Apex Court in their judgment dated 09.06.2006 held that the official has completed 16 years of service (after taking into account his adhoc service rendered in APS) and would be entitled to the benefit of paragraph 1 of TBOP scheme and the action of the authorities in not granting the said benefit was illegal and contrary to law. Hon’ble Court observed that so far as placing of an officer in the next ‘higher grade’ is concerned, what was relevant and material was that such official belonging to basic grades in Group ‘C’ and D must have completed ‘sixteen years of service in that Grade’. They pointed out that it no where uses the connotation ‘regular’ service. It was also inter-alia observed “The scheme merely perused that any person having rendered 16/26 years of service without obtaining any promotion could be entitled to benefit therefore. It is, therefore, not a case where promotion to the higher post is to be made only on the basis of seniority.
3. In view of the dismissal of Civil Appeal No. 5739 of 2005-UOI & Ors Vs M. Mathivanan by the Hon’ble Supreme court on the above grounds vide their order dated 09.06.2006, the order dated 03.04.2002 of the Hon’ble CAT, Madras Bench pronounced in OA No. 1094 of 2001 was implemented subject to condition that the official will not be entitled to claim any seniority over those absorbed in the Postal Departmental before he was absorbed, for any purpose whatsoever.
4. It had been brought to the notice of the Directorate that a number of cases have been filed by the officials who have rendered adhoc service in APS seeking the benefit of above stated Apex court order in their cases also. The Department has considered the matter. Department of Personnel & Training and D/o Legal Affairs have also been consulted in the matter.
5. Keeping in view the Apex Court’s decision in M. Mathivanan’s case and the fact that TBOP is not to be granted on the basis of seniority. it has been decided with approval of competent authority to extend the benefit of the Apex Court’s order to similarly placed serving officials.
6. The TBOP scheme now stands withdrawn w.e.f. 01.09.2008 after introduction of Modified Career Progress Scheme (MACPS). It is, therefore, advised that all the cases of officials similar to the case of Shri. Mathivanan for grant of TBOP/BCR upto the period 31.08.2008 may be decided by counting the adhoc service rendered by them in APS.
7. This issues with the approval of Secretary (Posts)
(Copy of Letter No 93-25/2003-SPB-II dated 21.07.2010 of Department of Posts)
Sub: - Counting of ad-hoc services rendered in Army Postal Service (APS) for the purpose of grant of financial upgradation under Time Bound One Promotion (TBOP) Scheme – Reg.
I am directed to refer to the references received regarding the issue of counting of ad-hoc services rendered in Army Postal Service (APS) for the purpose of grant of financial upgradation under Time Bound One Promotion (TBOP) Scheme introduced by the Department.
2. It is observed that the issue under reference was considered by the Hon’ble Supreme Court in C.A No. 5739 of 2005 in the case of UOI Vs Shri Mathivanan. The Apex Court in their judgment dated 09.06.2006 held that the official has completed 16 years of service (after taking into account his adhoc service rendered in APS) and would be entitled to the benefit of paragraph 1 of TBOP scheme and the action of the authorities in not granting the said benefit was illegal and contrary to law. Hon’ble Court observed that so far as placing of an officer in the next ‘higher grade’ is concerned, what was relevant and material was that such official belonging to basic grades in Group ‘C’ and D must have completed ‘sixteen years of service in that Grade’. They pointed out that it no where uses the connotation ‘regular’ service. It was also inter-alia observed “The scheme merely perused that any person having rendered 16/26 years of service without obtaining any promotion could be entitled to benefit therefore. It is, therefore, not a case where promotion to the higher post is to be made only on the basis of seniority.
3. In view of the dismissal of Civil Appeal No. 5739 of 2005-UOI & Ors Vs M. Mathivanan by the Hon’ble Supreme court on the above grounds vide their order dated 09.06.2006, the order dated 03.04.2002 of the Hon’ble CAT, Madras Bench pronounced in OA No. 1094 of 2001 was implemented subject to condition that the official will not be entitled to claim any seniority over those absorbed in the Postal Departmental before he was absorbed, for any purpose whatsoever.
4. It had been brought to the notice of the Directorate that a number of cases have been filed by the officials who have rendered adhoc service in APS seeking the benefit of above stated Apex court order in their cases also. The Department has considered the matter. Department of Personnel & Training and D/o Legal Affairs have also been consulted in the matter.
5. Keeping in view the Apex Court’s decision in M. Mathivanan’s case and the fact that TBOP is not to be granted on the basis of seniority. it has been decided with approval of competent authority to extend the benefit of the Apex Court’s order to similarly placed serving officials.
6. The TBOP scheme now stands withdrawn w.e.f. 01.09.2008 after introduction of Modified Career Progress Scheme (MACPS). It is, therefore, advised that all the cases of officials similar to the case of Shri. Mathivanan for grant of TBOP/BCR upto the period 31.08.2008 may be decided by counting the adhoc service rendered by them in APS.
7. This issues with the approval of Secretary (Posts)
Yours faithfully,
Sd/-
(Suraj Bhan)
Asstt. Director General (SPN)
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