IMPLEMENTATION OF JUDGEMENT OF DELHI HIGH COURT DATED 29.07.2011 IN WP NO. 3225/2007 IN OA NO. 164/2005 IN THE MATTER OF DHARAM SINGH & OTHERS.

Government of India

Ministry of Communications & IT

Department of Posts

(Pay Commission Cell)

Dak Bhawan,  Sansad Marg

New Delhi-110001

No. 2-48/2011-PCC                                                                     Dated : 17 Aug 2012

      Chief Postmasters General

      Delhi/Maharashtra/TN/WB Circles

SUBJECT: IMPLEMENTATION OF JUDGEMENT OF DELHI HIGH COURT DATED 29.07.2011 IN WP NO. 3225/2007 IN OA NO. 164/2005 IN THE MATTER OF DHARAM SINGH & OTHERS.

      In compliance to the judgement of CAT Principal Bench New Delhi dated 20.11.2006 in OA 164/2005 in the matter of Dharam Singh & others based on CAT Principal Bench judgement dated 03.12.1997 in OA 2724/1992 in the matter of Prem Singh & others & upheld by Delhi High Court judgement dated 29.07.2011 in WP No. 3225/2007 treating Packers of Foreign Post as skilled labourers and resultantly allowing the pay scale of Rs. 950-1500 since the date of 4^th CPC implementation, the issue of grant of higher pay scale to the Packers working in four Foreign Post Offices located at Delhi, Mumbai, Chennai & Kolkata has been considered in this Directorate in consultation with Department of Expenditure, Ministry of Finance.

2.      While the judgement dated 03.12.1997 referred to above stands already implemented in respect of the two applicants in OA No. 2724/1992, it has now been decided with concurrence of the Department of Expenditure , Ministry of Finance under UO Note No. F.12 (14)/E.III (B)/2003 dated 14.08.2012 to extend the benefit of pay scale to the applicants in OA 164/2005 and also to the similarly placed Packers of Foreign Post Offices located at Delhi/Mumbai/Chennai /Kolkata working in these offices. {Total 427 in number excluding 02 already allowed the benefit} who were re-designated as Mail Peons vide Department of Posts (Group ‘D’ Posts) Recruitment Rules, 2005 published vide GSR 44 dated 24.01.2005.

3.       Consequently such Packers of all the four Foreign Post Offices (Re-designated as Mail Peon & further re-designated as MTS in Group ‘C’) shall be allowed the pay scale of Rs. 950-1500 in place of Rs. 750-940 effective from 01.01.1986 and further replaced by the pay scale of Rs. 3050-4590 effective from 01.01.1996 and further placed in Rs. 5200-20200(PB-1) with Grade Pay of Rs. 1900 effective from 01.01.2006.

4.      This issues with the approval of the competent authority.

                                                                             Sd/-

(Surender Kumar)

Assistant Director General(GDS/PCC)

Copy to : GM(Finance) Delhi, Nagpur, Chennai, Kolkata-for information

Internal DDG(Personnel), Dak Bhawan

5 PROMOTIONS

{ EDITORIAL POSTAL LIFE – AUGUST - 2012}

In 1978, while entering in its Silver Jubilee Year, the NFPTE had organised its P&T Convention at Patna. The demand of “3 Promotions at 10, 20 and 25 years” for P&T employees was coined in that National Convention. This demand was necessitated by the fact that most of the P&T employees were retiring without even getting a single promotion in their long career in those days. The Clerical employees retired without even becoming LSG and the Postmen were retiring without even promoted as Sorting Postman or Head Postman / Mail Overseer Postman, the only hierarchical promotion available at that time. After much negotiations and struggles, ultimately the Government agreed two promotions and introduced TBOP and BCR Promotions on completion of 16 and 26 years. All P&T employees were thereafter ensured of at least two promotions. But the movement had paid some price including major punishments to cadres to win the demand of two promotions.

The introduction of TBOP and BCR promotions caused the hierarchical promotion of Sorting Postman / Mail Overseer Postman etc irrelevant as most of the Postmen staff attained TBOP and BCR promotion before getting the only regular promotion available. The Department also discontinued constituting the DPC to promote Postmen staff. Similar was the case with the Group ‘D’ staff also, in whose case the promotion to Jamedar Group ‘D’ was discontinued. Even though the Department had subsequently declared unilaterally that the TBOP/BCR is not a promotion but only a scheme of financial upgradation like ACP Scheme, the regular hierarchical  promotional ladder was not restored or updated to ensure regular promotion to Postman and Group ‘D’ cadres. However, the TBOP, BCR ensured two automatic upgradations financially.

Discriminatingly during the same time, the Officialdom did not satisfy itself with the available two or three promotions in its career but went ahead with repeated cadre restructuring schemes to ensure at least five promotions for the cadre of Officers! We see that an IPS Officer entering as SSPOs [Junior Time Scale Officer] in the Postal Department is ensured of five promotions at least in his career as Senior Time Scale, DPS, PMG, Chief PMG, Board Member and Director General. In Departments like Income Tax a Class I officer who enters as  Assistant Commissioner as an IRS Officer goes ahead with the promotions like Deputy Commissioner, Joint Commissioner, Additional Commissioner, Commissioner of Income Tax, Chief Commissioner of Income Tax, Board Member in CBDT and Chairman of CBDT. This is the case with all departments. The Government never cared for the promotional avenues of Group C and D employees while going on improving the career advancement of top officers.

The 6th Pay Commission also not cared much for ending the discrimination between the employees and officers in the central services. It simply recommended for only improving the periodicity of ACP financial upgradation from 12 and 24 years into 10 and 20 years through MACP. After much discussion in the JCM Standing Committee, the Government made only a marginal improvement by granting the third upgradation on completion of 30 years but created a lot of anomalies including taking away the benefit of parity with hierarchical promotions. The increase in number of up gradations to three necessitated us to switch over from TBOP/BCR system to MACP Scheme though we knew that under MACP the Promotees will not be granted equal number of up gradations like a direct recruitment. We however embraced the MACP for its benefits with the idea to focus the discrimination and set right it through our organisational efforts. Now, with the historic judgment of Jodhpur CAT, we have brighter chances of set righting the anomaly. But even that will not bring parity with the Officers, who are ensured of at least five promotions.

It is in this background that the NFPE raised it in the National Secretariat of the Confederation of CG Employees and the Confederation expanded its Charter of Demands into 15 Points by including the demand of Grant of 5 Promotions to all employees in their career on par with the Officers. This is a very important demand with far reaching implications in advancing the status of the Group C employees including the Postman and MTS.  The demand attains much more importance in the background of our cadre restructuring issue stagnating without any noticeable progress and at the initial level of discussions only. Proper popularisation of this new demand of 5 Promotions among all our membership is absolutely essential to create necessary tempo as we know very well that only when a new idea grips the minds of the employees it becomes a material force. We broke the stalemate in 1980s by strongly agitating for 2 Promotions. Let us now embrace the new demand of 5 Promotions and make it a reality soon. But everything depends on the rank and file organisation, which alone can succeed not only in popularising the new demand but also rousing the employees to agitate for the 15 Points charter of Confederation that focuses on 7th CPC, 50% merger of DA and grant of 5 Promotions etc. Time has come to end the discrimination between top officers and the bottom employees on number of promotions to advance the career prospects.

PROPOSED CAMPAIGN PROGRAMME OF NFPE LEADERS

 FOR STRIKE DATED 12.12.2012

Circles	Name of leaders	Stations to be visited
Andhra Pradesh		Hyderabad 21.11.12	Kurnool 22.11.12	Vijaawada 23.11.12	Vishakhapatnam 24.11.12
Assam		Dibrugarh 20.11.12	Nagaon 21.11.12	Guwahati 22.11.12
Bihar		Patna 26.11.12	Gaya 27.11.12	Muzaffarpur 28.11.12	Begusarai 29.11.12	Motihari 30.11.12
Chhattisgarh		Raipur 28.11.12	Bilaspur 29.11.12	Rajgarh 30.11.12
Delhi		New Delhi 4.12.12
Gujarat		Ahmedabad 23.11.12	Vadodara 26.11.12	Rajkot 24.11.12
Haryana		Ambala 19.11.12
Himachal Pradesh		Shimla 26.11.12	Mandi 28.11.12	Dharmshala 29.11.12
Jharkhand		Ranchi 19.11.12	Jamshedpur 20.11.12
J&K		Jammu 24.11.12
Karnataka		Bangalore 26.11.12	Mysore 27.11.12	Hasan 28.11.12	Mangalore 29.11.12		Hubli 30.11.12
Kerala		Kannur 13.11.12	Trichur 14.11.12	Kollam 15.11.12
Maharashtra		Nagpur 19.11.12	Pune 20.11.12	Mumbai 21.11.12	Aurangabad 22.11.12		Goa 24.11.12
M.P.		Gwalior 26.11.12	Indore 27.11.12	Bhopal 28.11.12	Jabalpur 29.11.12
North East		Shillong 23.11.12	Agartala 25.11.12	Imphal 27.11.12
Orissa		Bhubaneshwar 17.11.12	Cuttack 20.11.12	Sundergarh 21.11.12	Sambhalpur 22.11.12		Berhampur 23.11.12
Punjab		Chandigarh 20.11.12	Ludhiyana 21.11.12	Jullandhar 22.11.12	Amritsar 23.11.12
Rajasthan		Jaipur 19.11.12	Ajmer 2-0.11.12	Jodhpu 21.11.12
Tamil Nadu		Trichey 19.11.12	Madurai 20.11.12	Coimbatore 21.11.12	Chennai 22.11.12		Pondicherry 24.11.12
Uttrakhand		Dehradun 24.11.12
U.P.		Meerut 5.11.12	Barelley 6.11.12	Agra 7.11.12	Jhansi 8.11.12		Lucknow 10.11.12
		Allahabad 19.11.12	Varanasi 20.11.12	Gorakhpur 21.11.12
West Bengal		Kolkata 26.11.12	Malda 27.11.12	Siliguri 28.11.12	Sikkim 29.11.12		Andman 24.11.12
		Asansol 21.11.12

Note: 1. The names of leaders will be intimated later.

2. All NFPR Office Bearers / All General Secretaries /All Circle Secretaries of NFPE Unions are requested to suggest any change if they require as per their convenience with in a week..

3. After getting feedback from leaders the programme will be finalized.