No. PF/NFPE/Verification of Membership Dated – 31.07.2020
To
Sri P. K. Bisoi
Secretary,
Department of Posts,
Dak Bhawan, New Delhi - 110001
Sir,
Sub: - Verification of Membership - 2020 -- Irregular and illegal acceptance of Application submitted by "All India Association of Supervisors Cadre (Group B)" -- regarding.
Ref: - Director (SR & Legal) letter No. T - 15/2/2020 - SR dated 24th July 2020 (copy enclosed for ready reference).
Your kind attention is drawn towards the above mentioned letter of Director (SR & Legal) addressed to all Applicant Associations in connection with the scrutiny of constitution/bye-laws of service Association in accordance with CCS(RSA) Rules 1993 for Verification process to be held in the year 2020.
In para -2 of the letter, the list of Associations whose applications are provisionally accepted, subject to certain amendments to be made in their constitution, is listed. Against item - 5 of para - 2 of the letter, the name of "All India Supervisors Association (Group B)" is given as one of the Applicant Association. In this regard, we would like to submit the following objections for your judicious consideration and dispassionate decision.
Clause - 5(c) of Central Civil Services (Recognition of Service Association) Rules 1993 stipulates as follows :
"Membership of a Service Association has been restricted to a distinct category of Government servants having common interest, all such Government servants being eligible for membership of Service Association".
Subsequently Department of Personnel and Training in its OM No.2/2/94 - JCA dated 22nd April 1994 clarified the common points of doubts, referred to it by various Ministries/Departments, as follows :
Point of doubt
3. Whether the term "distinct category" used in Rule - 5(c) means group wise categorisation i.e; Group A, B, C or D or cadre wise categorisation".
Clarification:
By a “distinct category" is meant an Association whose members have a commonality of interest and function as a homogenous group".
It is based on the above Rules and clarifications issued by DOP&T under CCS (RSA) Rules 1993, the Department of Posts has categorised and published the "distinct categories having commonality of interest and function as homogenous group" , during the first verification process itself with the due approval of the DOP&T. As per the categorisation made by the Department of Posts, the Postal Assistant and all its allied cadres like LSG, HSG - 2, HSG - 1" is categorised as one homogenous group with commonality of interest. Similarly in RMS side, "Sorting Assistant and all its allied cadres" are grouped as one distinct category. Same is the case with Administrative Union also.
During all the previous Membership Verification process, this position is maintained without any deviation from codal provisions. This is because, in the Department of Posts LSG, HSG - 2, HSG - 1 and NFHSG - 1 are the supervisory cadres (Group B Non-Gazetted) in general line of Postal Assistant/Sorting Assistant / PA(CO) cadre and hence belongs to a homogenous group with commonality of interest. It may be noted that against this categorisation of Department, many cadre Unions/Associations including the Supervisors Association had filed cases in various High Courts, but they could not win as the courts upheld the categorisation made by Department of Posts.
This being the well settled legal position, acceptance of Application submitted by an Association of Supervisors Cadre (Group B) is against the intention and spirit of CCS (RSA) Rules 1993 and also against the guidelines and clarifications issued by DOP&T. It also violates the earlier categorisation made by the Department of Posts during previous Membership Verification processes. If the Department go on permitting categorisation of each cadre as "distinct category" , then in future officials belonging to LSG, HSG -2, HSG - 1 and NFHSG-1 will start forming separate, separate Associations for each cadre and submit application for participating in Membership Verification process. This not the intention and spirit of CCS (RSA) Rules 1993 and subsequent DOP&T orders.
In view of the above, it is requested that Secretary (Posts) may review judiciously the new categorisation made by Department of Posts, so that the Application submitted by the "All India Association of Supervisors (Group B)" will be summararily rejected. We like to place on record our strong protest against the new categorisation made by the Department of Posts, deviating from its earlier categorisation and also in violation of CCS (RSA) Rules 1993 and subsequent DOP&T orders.
Awaiting early action,
Yours Faithfully,
(R. N. Parashar)
Secretary General
Copy to: -
1. Director General, Department of Posts, Dak Bhawan, New Delhi - 110001
2. Member (P), Department of Posts, Dak Bhawan, New Delhi - 110001
3. DDG (SR & Legal), Department of Posts, Dak Bhawan, New Delhi - 110001
4. Director (SR & Legal), Department of Posts, Dak Bhawan, New Delhi - 110001
5. SR Section, Department of Posts, Dak Bhawan, New Delhi - 110001
No comments:
Post a Comment