All India RMS &MMS Employees Union Group C

Tuesday, December 4, 2012

NEWS IN BRIEF

1. Meeting with the Staff side on “IT Modernisation Project of Department of Posts” held on 30.11.2012. Ms. P. Gopinath, Member (Technology), Postal Services Board, made the presentation and clarified all the queries raised by the staff side. Secretary Generals of NFPE & FNPO and General Secretaries of all Unions/Associations attended the meeting. The presentation made by the Department is exhibited in the website.

2. Periodical meeting of Secretary, Department of Posts with NFPE & FNPO and its affiliated Unions/Associations was held on 30.11.2012. All notified items were discussed. Minutes will be published later.

3. Secretary, Department of Posts has informed that the next JCM Departmental Council meeting will be held during the last week of December 2012. New items for discussion will be submitted by the staff side shortly. It is also assured to hold a standing committee meeting of the JCM Departmental council under the Chairpersonship of Member (Personnel), Postal Services Board to discuss the pending items of the Departmental Council.

4. Federal Secretariat of NFPE met on 29.11.2012 and reviewed the campaign and preparations for the 12^th December 2012 strike. Secretary General and all the General Secretaries of affiliated unions attended the meeting. A detailed review was conducted. It is observed that this time the percentage of the participation of employees in the strike will be an all time high. It is decided to continue the campaign intensively with more vigour in the remaining days and make the 12^th December strike a grand success.

5. The Central Zone Study Camp of NFPE will be held on 19^th and 20^thJanuary 2013 at Vidisha (Madhya Pradesh). The revised quota allotted to each circle union is published in the website. All Circle Secretaries are requested to ensure that delegates as per quota allotted participate in the camp. Up and down tickets may be booked immediately.

6. The 1^st All India Conference of the newly formed GDS Union, AIPEU-GDS (NFPE) will be held at Chennai during the last week of March 2013.

MACP TO PROMOTEES = DEPARTMENT’S STAND = LATEST POSITION

APPEAL FILED IN JODHPUR HIGH COURT AGAINST CAT JUDGEMENT

Para – 9 of the Annexure – I to DOP&T OM dated 19.05.2009 provides in clearest terms that “regular service for the purpose of MACPS shall commence from the date of joining of the post in direct entry grade on a regular basis or on absorption/re-employment basis.”

The existing statutory Recruitment Rules of Postmen and PA cadre provide for promotion quota to be filled up through LDCE (Limited Departmental Competitive Examination). Para – 5 of Annexure – I of DOPT Order on MACPS provides for ignoring only the promotions/upgradations granted under the ACP scheme (old scheme) in the past to those grades which now carry the same grade pay due to merger of pay scales/up gradation of posts recommended by 6^th CPC. Thus the promotions earned through LDCE are not provided to be ignored.

As per the summary record of discussions of the meeting held on 27.07.2012 with the JCM National Council Staff side on issues relating to MACPS (Annexure III to DOP&T OM No 11/2/2008-JCA dated 13.09.2012) it was decided against item No. 4 that treatment of such cases would be on the lines as was under the ACP scheme (old scheme) and Ministry of Railways would examine the matter accordingly. Para 5.1 of Annexure-I to DOP&T OM dated 09.08.1999 relating to ACP Scheme (old scheme) provides for counting of regular promotions earned through LDCE.

So far as the common Judgment of the CAT Jodhpur in OA No. 382/2011, 353/2011 and 354/2011 dated 22.05.2012 is concerned, the CAT held that whenever and official appears in LDCE and gets selected to the post, them it starts new innings for him and for the purpose of counting his stagnation, if any, from the date of joining of the new post alone would be relevant and his previous career advancement cannot be called as promotion within the definition of the word “promotion” for consideration of his eligibility under MACP scheme.

The judgment referred to above is in contradiction to the provisions of the MACPS as also against the decision of the Government against item No. 4 referred to in Annexure – III to DOP&T OM No. 11/2/2008-JCA dated 13.09.2012.

MACP Scheme is the Scheme formulated by DOP&T, the nodal Ministry in this regard. Department of Posts cannot make any change in the scheme. The Department has accordingly referred the issue to the DOP&T and provided the required Recruitment Rules as called for by the DOP&T.

Keeping in view of the existing provisions of the MACP Scheme as also the decision of the Government against item No. 4, Department has filed writ petition (Appeal) before the Hon’ble High court of Jodhpur.